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 AMENDED*
SEPTEMBER 19, 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 AMENDED*
SEPTEMBER 19, 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/85379428243?pwd=b3QzdklOUXRxaG5XQ2dSN3c0U0NLdz09 Passcode: 192366. You can also type in 853 7942 8243 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.
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
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)).
PLEDGE OF ALLEGIANCE
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 September 5, 2023 Town Council Meeting.
2. Receive the Monthly Financial and Investment Report for July 2023.
3. Adopt a Resolution Acknowledging the Completion of Public Right-of-Way Improvements by Betchart Union Avenue Development LLC for the Subdivision Located at 15975 Union Avenue and Authorizing the Town Manager to Execute and Record a Notice of Completion and Certificate of Acceptance.
4. Authorize the Town Manager to Execute a First Amendment to the Memorandum of Agreement with the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee to Allow Satellite and Auxiliary Teleconferencing Attendance in Meetings.
5. Actions Related to Police Vehicles:
a. Authorize the Town Manager to Execute a Purchase Order with Lehr to Fit Up Three Police Vehicles in an Amount not to Exceed $66,615; and b. Authorize an Expenditure Budget Adjustment in and Amount of $66,615 from the Available Equipment Replacement Fund.
6. Authorize the Town Manager to Execute a Third Amendment to a Special Services Agreement with Liebert Cassidy Whitmore (LCW) to Increase Compensation in the Amount of $50,000 for a Total Contract Amount Not to Exceed $280,000.
7. Reschedule to October 17, 2023 the Consideration of the 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.
8. *Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Paul Horvat as the Temporary Emergency Services Coordinator in the Town Manager’s Office.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.)
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
9. *Adopt an Amended Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Sean Rose as the Temporary Capital Projects Manager in the Parks and Public Works Department.
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.)
10. Consider an Appeal of a Planning Commission Decision to Approve the Demolition of One Existing Office and Four Residential Buildings, Construction of an Assisted Living and Memory Care Facility, Variance from the Maximum Height and Lot Coverage of the Zone, Merger of Four Lots Into One, and Removal of Large Protected Trees on Property Zoned Office. Located at 15860 -15894 Winchester Boulevard and 17484 Shelburne Way. APNs 529-11-013, -038, -039, and -040. Architecture and Site Application S-21-008, Conditional Use Permit Application U-21-010, Variance Application V-21-003, Subdivision Application M-22-008, and Mitigated Negative Declaration ND-22- 001. An Initial Study and Mitigated Negative Declaration Have Been Prepared for This Project. Applicant/Property Owner: Green Valley Corp. d.b.a. Swenson. Appellant: Eric Hulser. Project Planner: Jennifer Armer..
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
11. Provide Direction on the Pinehurst Community Garden (CIP No. 831-4610) and Lynn Avenue Pedestrian Path Design (CIP No. 832-4510).
12. Consider Adopting an Enabling Resolution to Establish an Equity Commission Entitled the Unity and Solidarity Commission and Direct its Recruitment with the Annual Fall Commission Recruitment.
13. Receive the Report and Provide Direction for an Updated Traffic Impact Fee and a Proposed Vehicle Miles Traveled Impact Fee.
14. Discuss the Housing Element Work Plan.
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time).
*Item 9 has been renumbered to item 8
*Item 8 has been reworded, renumbered to item 9, and moved to Other Business 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: 09/19/2023
ITEM NO: 1
DRAFT
Minutes of the Town Council Meeting
Tuesday, September 5, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in person and utilizing teleconferencing means on Tuesday, September 5, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie.
Absent: None
PLEDGE OF ALLEGIANCE
The Los Gatos Toastmasters Club led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Ristow presented a Suicide Prevention and Awareness Month Proclamation at the request of Assembly Member Gail Pelgrin.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session on August 22, 2023, to discuss anticipated litigation regarding the Town’s Sensitive Places Ordinance. The Town received a letter from Michel and Associates asking the Town delay enforcement of the Town’s Sensitive Places Ordinance at places of worship, public transit, and government building(s) where government business is not specifically transacted. The basis for the request is that there is not case law definitively stating that regulations of the concealed carry weapons in those locations is authorized. The Town’s ordinance is based on what was proposed by the state. Michel and Associates anticipates litigation with the State of California and they asked that the Town delay enforcing the ordinance at those locations until state litigation has been resolved, which is anticipated to occur in two to twelve months. All members of the Town Council, except for Rob Moore who was absent during the closed session, had voted to suspend enforcement of the affected portions of the Town’s “sensitive places” ordinance per the request.
PAGE 2 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of September 5, 2023 DATE: September 5, 2023
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Hudes stated he met with the Senior Foundation; participated in the Council Policy Committee meeting; listened to the Housing Element Advisory Board Meeting; invited the public to attend the September 12, 2023 Joint Planning Commission and Town Council Study Session regarding SB330, Density Bonus Law, Builder’s Remedy, and CEQA.
Council Member Hudes requested an item be placed on a Town Council agenda in September to review the Housing Element work plan to meet the January 31, 2024 Housing Element deadline, discuss the interactions between the Town and the California Department of Housing and Community Development (HCD), and provide direction to staff, the Housing Element Advisory Board, and other advisory bodies about the most expeditious way to achieve the deadline. Vice Mayor Badame supported the request. - Council Member Rennie stated he attended meetings of the Silicon Valley Clean Energy Authority (SVCEA) Risk Oversight Committee, Executive Committee, and CEO Search Committee meetings; viewed a property on Oka Lane prompted by a complaint of potential code violations; and met with the applicant of the assistive care building on Winchester. - Vice Mayor Badame stated she met with Jim Foley, Board Member for the Chamber of Commerce; attended a Community Health and Senior Services Commission (CHSSC) special meeting; attended the Monte-Sereno Community Picnic in the Park; commented on concerns with the Housing Element adoption timeline and supported Council Member Hudes’ request for an agenda item at a meeting in September and requested the new Housing Element consultant be in attendance for questions. - Council Member Moore recognized Labor Day, stated he attended a meeting of the Los Gatos Beautification Committee and explained how to get involved; met with the Chief Attorney of the City of Kathmandu in Nepal with the Mayor; attended the South Bay Labor Council Labor Day Barbeque, commented on the September 12 Joint Study Session with the Planning Commission; attended the Council Policy Committee meeting; and stated he will be hosting his Council Member Community Coffee on Monday. - Mayor Ristow stated she attended the Jazz in the Plazz and the Music in the Park events, the quarterly meeting of the Chamber of Commerce, Assembly Member Gail Pellerin’s Open House and School Supply Drive, the Midpeninsula Regional Open Space Annual Appreciation Luncheon, the quarterly Santa Clara Valley Water Commission special meeting, the 13th Annual Silicon Valley Bike Summit, the Monte-Sereno Community Picnic in the Park, the Drums of the World event, and the Los Gatos Eye Care 20th Anniversary Ribbon Cutting; met with several people regarding numerous topics; and encouraged all to attend the September 12th Planning and Town Council Joint Study Session regarding Senate Bill 330.
PAGE 3 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of September 5, 2023 DATE: September 5, 2023
Manager Matters
- Announced a Joint Meeting with the Town Council and the Planning Commission on September 12, 2023, to discuss SB330 and related laws will be in person, on Zoom, and televised.
- Announced the Planning Commission will consider modifications to the Accessory Dwelling Unit Ordinance on September 13, 2023.
- Announced Screen on the Green will be held on the Civic Center Lawn on September 22, 2023.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Minutes of the August 15, 2023 Special Town Council Meeting.
2. Approve Minutes of the August 15, 2023 Town Council Meeting.
3. Approve Minutes of the August 22, 2023 Town Council Closed Session Meeting.
4. Adopt a Resolution Approving Changes to the Town’s Comprehensive Fee Schedule Amending the Rates for Annual Residential Parking Permits and Employee Parking Permits.
RESOLUTION 2023-045
5. Approve a Waiver of the 60-Day Special Event Permit Application Submittal Requirement for the Los Gatos Veterans Memorial and Support Foundation’s 9/11 Memorial Event, tentatively scheduled for Sunday, September 10, 2023.
6. Rescind Resolution 2023-044 and Adopt an Amended Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Sean Rose as the Temporary Capital Projects Manager in the Parks and Public Works Department. RESOLUTION 2023-046
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Council Member Moore to approve consent items 1-6. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Jack Lucas, Los Gatos Community Concert Association Board Member - Thanked the Town for the Community Grant Award to the organization.
Cathy Morgan, Los Gatos Community Concert Association Board Member - Thanked the Town for the Community Grant Award to the organization, commented on the organization, and stated the first performance is Sunday.
PAGE 4 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of September 5, 2023 DATE: September 5, 2023
Verbal Communications – continued
Daniel Stickney
- Commented on a dip in the sidewalk on North Santa Cruz Avenue across the street from the Diner and the Post Office.
Lynley Hogan
- Commented on her experience of renting her home as a short-term rental.
Eleanor Yick, Vice Chair CHSSC
- Commented on the Senior Roadmap goals and the flyers created to make the community aware of the Hub.
OTHER BUSINESS
7. Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Paul Horvat as the Temporary Emergency Services Coordinator in the Town Manager’s Office. RESOLUTION 2023-047
Laurel Prevetti, Town Manager, presented the staff report.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
MOTION: Motion by Vice Mayor Badame to adopt a resolution for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Paul Horvat as the Temporary Emergency Services Coordinator in the Town Manager’s Office per attachment 1 to the staff report. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
8. Adopt Amendments to Town Council Policy #2-18: Legislative Policy and Approve Legislative Priorities with Regard to State, Federal, and Regional Legislation. POLICY 2-18 Katy Nomura, Assistant Town Manager, presented the staff report.
Mayor Ristow opened public comment.
PAGE 5 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of September 5, 2023 DATE: September 5, 2023
Other Business Item #8 – continued
Eleanor Yick
- Commented on the importance of a legislative policy and supported the item.
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to adopt the amendments to the policy and approve the proposed Legislative Priorities. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
9. Discuss and Provide Direction for the Use of the Town Council, Staff and Community Values.
Laurel Prevetti, Town Manager, presented the staff report.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Badame to endorse the bulleted values on page one of the staff report (be respectful, welcoming, inclusive, compassionate, and kind to each other, appreciate the diversity of perspectives and views in our community, express your views and share your perspectives in helpful ways, listen to understand and empathize with each other, and collaborate and work together to do what is best for Los Gatos, as stated in the staff report). Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
PAGE 6 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of September 5, 2023 DATE: September 5, 2023
Other Business Item # 9 – continued
MOTION: Motion by Council Member Hudes to bring back the Policy document notably the Code of Conduct updated with these values at the time the Council reconsiders the Code of Conduct. AMENDMENT: to remove the sentence “Disruption of the meeting may result in a violation of Penal Code Section 403” from the Code of Conduct and the Agenda Format and Rules Policies as they move forward. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Badame to retire the current Rules of Decorum video with consideration of creation of a new video if found necessary by a Council majority. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Moore to allow staff to administratively reconsider and streamline the standard agenda language. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 8:34 p.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk
PREPARED BY: Gitta Ungvari
Finance Director
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/19/2023
ITEM NO: 2
DATE: September 11, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive the Monthly Financial and Investment Report for July 2023 RECOMMENDATION:
Receive the Monthly Financial and Investment Report for July 2023.
DISCUSSION:
California Government Code Section 41004 requires that the Town Treasurer submit to the Town Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Finance Director assumes the Town Treasurer role.
The Finance Commission will receive these reports at its next scheduled regular meeting.
Attachment 1 includes Fund Balance Schedules, representing estimated funding available for all funds at the end of the July 2023. The fund balances are estimated at a point in time and will be finalized at the final close of the fiscal year.
Please note that the amount in the Fund Schedule differs from the Portfolio Allocation and Treasurer’s Cash Fund Balances Summary schedule because assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available.
Total Cash $ 71,462,894
Plus: Assets $ 13,327,623
Less: Liabilities $ (28,155,644)
Estimated Fund Balance $ 56,634,873
Reconciling Cash to Fund Balance
PAGE 2 OF 3
SUBJECT: Monthly Financial and Investment Report for July 2023 DATE: September 11, 2023
DISCUSSION (continued):
As of July 31, 2023, the Town’s financial position (Assets $84.8, Liabilities $28.2M and Fund Equity $56.6) remains strong and there are no issues meeting financial obligations in the near future.
As of June 30, 2023, the Town’s weighted portfolio yield for investments under management was 3.53% which was 22 basis points above the Local Agency Investment Fund (LAIF) yield of
3.31% for the same reporting period. Currently, the LAIF portfolio’s weighted average maturity (WAM) is 254 days versus the Town’s longer WAM of 459 days. The longer maturity (WAM) for Town assets under management reflects the Town’s strategy to take advantage of higher yields associated with longer maturities balanced with shorter term yields available on investments held with the State’s LAIF. The Town’s weighted average rate of return on investments under management of 3.53% at the close of July was 34 basis points higher when compared to the prior months return of 3.19% reported as of June 30, 2023.
Since December 31, 2022, LAIF yields had climbed from 217 basis points (2.17%) to 353 basis points (3.53%) through the end of July 2023.
Staff, in coordination with the Town’s investment advisor, continued primarily replacing maturing investments with medium to longer term maturities in the three- to five-year maturity range. These investments capture current yields that exceed the rates expected to be earned in the LAIF pool during that same time period. The State LAIF pool typically lags behind the market when current market yields are either increasing or decreasing.
On March 22, 2023, the Federal Reserve voted to approve a ¼ percentage basis point increase from 4.75% to 5.00%. This action was followed with additional hikes in May 2023 from 5.00% to 5.25% and July from 5.25 % to 5.5 %. Through these actions over time, the Federal Open Market Committee’s (FOMC) goal is to bring year to year inflation to its targeted level of 2%.
The labor market remained resilient. The unemployment rate eased from 3.7% to 3.6% even though the participation rate remained level at 62.6%.
The Town's investments are in compliance with the Town's Investment Policy dated February 21, 2023 and the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.
CONCLUSION:
Receive the Monthly Financial and Investment Report for July 2023.
Attachment:
1. Financial and Investment Report July 2023
Weighted Average YTM Portfolio Yield on Investments
under Management 3.53%
Weighted Average Maturity (days) 459
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $71,462,894 $78,384,948 $67,683,852 Managed Investments $49,180,046
Local Agency Investment Fund $17,138,242
Reconciled Demand Deposit Balances $5,144,607
Portfolio Allocation & Treasurer's Cash Balances $71,462,894 Benchmarks/ References:
Town's Average Yield 3.53% 3.19% 1.37%
LAIF Yield for month 3.31% 3.17% 1.09%
3 mo. Treasury 5.42% 5.30% 2.41%
6 mo. Treasury 5.47% 5.43% 2.88%
2 yr. Treasury 4.88% 4.90% 2.89%
5 yr. Treasury (most recent) 4.18% 4.16% 2.68%
10 Yr. Treasury 3.96% 3.84% 2.65%
Town of Los Gatos
Summary Investment Information
July 31, 2023
0 - 1 year
65%
1 - 2 years
7%
2 - 3 years
12%
3 - 5 years
16%
Portfolio Maturity Profile
Compliance: The Town's investments are in compliance with the Town's investment policy dated February 21, 2023 and also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.
ATTACHMENT 1
Month YTD
Cash & Investment Balances - Beginning of Month/Period $ 78,384,947.79 $ 78,384,947.79 Receipts 4,726,021.66 4,726,021.66
Disbursements (11,648,075.44) (11,648,075.44)
Cash & Investment Balances - End of Month/Period $71,462,894.01 $71,462,894.01 Portfolio Allocation Amount % of Portfolio
Max. % or $ Allowed
per State Law or Policy
BNY MM $37,661.58 0.06% 20% of Town Portfolio
US Treasury Notes $17,490,610.47 26.37% No Max. on US Treasuries Government Agency Debenture Notes $17,580,861.65 26.51% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $14,070,912.01 21.22% 30% of Town Portfolio Local Agency Investment Fund $17,138,241.57 25.84% $75 M per State Law Subtotal - Investments 66,318,287.28 100.00%
Reconciled Demand Deposit Balances 5,144,606.73
Total Portfolio Allocation & Treasurer's Cash Balances $71,462,894.01 Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
July 31, 2023
BNY MM
0.06%
US Treasury Notes
26.37%
Government Agency Debenture
Notes
26.51%
Corporate Medium Term Bonds
21.2%
Local Agency Investment Fund
25.8%
Portfolio Investment Allocation
$67.7 M $71.5 M
$0.0 M
$10.0 M
$20.0 M
$30.0 M
$40.0 M
$50.0 M
$60.0 M
$70.0 M
$80.0 M
$90.0 M
Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Treasurer's Fund Balances
July 2023 July 2023 July 2023
Beginning Deposits Interest/ Ending
Balance Realized Gain/Adj. Earnings Withdrawals Balance Non-Treasury Funds:
Cert. of Participation 2002 Series A Reserve Fund $ 695,773.32 $ 2,612.40 $ 698,385.72 Note 1 Cert. Of Participation 2010 Ser A Lease Pymt Fund 31.80 1,108,630.65 0.05 1,108,662.50 Note 1 Cert. of Participation 2002 Lease Payment Fund 8,616.71 552,608.29 32.36 561,257.36 Note 1 Cert. of Participation 2010 Series Reserve Fund 1,318,762.64 5,377.44 1,324,140.08 Note 2 Total Restricted Funds: $ 2,023,184.47 $ 1,661,238.94 $ 8,022.25 $ - $ 3,692,445.66 CEPPT IRS Section 115 Trust 1,400,162.56 15,462.55 $ 1,415,625.11 Grand Total COP's and CEPPT Trust $ 3,423,347.03 $ 1,661,238.94 $ 23,484.80 $ - $ 5,108,070.77 These accounts are not part of the Treasurer's fund balances reported elsewhere in this report, as they are for separate and distinct entities.
Note 1: The three original funds for the Certificates of Participation 2002 Series A consist of construction funds which will be expended over the next few years, reserve funds which will guarantee the payment of lease payments, and a third fund for the disbursement of lease payments and initial delivery costs.
Note 2: The 2010 COP Funds are all for the Library construction, reserves to guarantee lease payments, and a lease payment fund for the life of the COP issue. The COI fund was closed in September 2010.
Note 3: The CEPPT Section IRS Section 115 Trust was established as an irrevocable trust dedicated to accumulate resources to fund the Town's unfunded liabilities related to pension and other Town of Los Gatos
Non-Treasury Restricted Fund Balances
July 31, 2023
July 2023 $ 133,845.42
August 2023 -
September 2023 -
October 2023 -
November 2023 -
December 2023 -
January 2024 -
February 2024 -
March 2024 -
April 2024 -
May 2024 -
June 2024 -
$ 133,845.42
Interest by Month
Town of Los Gatos
Statement of Interest Earned
July 31, 2023
Town of Los Gatos Investment Schedule
July 31, 2023
Market Value Maturity Yield to Interest Interest Interest Days Deposit Par Original Market Above (Under) Purchased Date or Maturity Received Earned Earned to Institution CUSIP # Security Coupon Date Value Cost Value Cost Interest Call Date or Call to Date Prior Yrs. Current FY Maturity US Treasury 91282CAP6 US Treasury Note 0.13% 6/30/2021 1,000,000.00 995,390.63 989,300.00 (6,090.63) 10/15/2023 0.33% $ 2,240.44 $ 6,520.12 $ 276.88 76 Toyota Motor Credit 89236THA6_1 Corporate Bond 1.35% 04/12/21 500,000.00 510,580.00 498,750.00 (11,830.00) 8/25/2023 0.45% $ 12,618.75 $ 5,065.91 $ 194.12 25 Toyota Motor Credit 89236THA6 Corporate Bond 1.35% 1/11/2022 1,100,000.00 1,107,315.00 1,097,250.00 (10,065.00) 8/25/2023 0.94% $ 16,665.00 $ 15,144.57 $ 877.54 25 US Treasury 91282CDD0 US Treasury Note 0.38% 1/13/2022 1,100,000.00 1,090,675.78 1,086,547.00 (4,128.78) 10/31/2023 0.85% $ 5,344.27 $ 13,599.56 $ 790.97 92 FFCB 3133EKMX1 Gov. Agency Debenture 2.23% 8/2/2019 1,000,000.00 1,014,400.00 982,590.00 (31,810.00) 2/23/2024 1.90% $ 84,925.83 $ 74,902.07 $ 1,626.03 207 FFCB 3133EMBE1 Gov. Agency Debenture 0.30% 10/8/2020 1,600,000.00 1,598,000.00 1,543,920.00 (54,080.00) 3/28/2024 0.34% $ 11,853.34 $ 14,655.57 $ 456.61 241 FFCB 3133EMCQ3 Gov. Agency Debenture 0.28% 10/16/2020 2,000,000.00 1,998,000.00 1,979,200.00 (18,800.00) 10/13/2024 0.31% $ 13,953.33 $ 16,496.92 $ 518.14 440 Apple 037833DB3 Corporate Bond 2.90% 12/20/2022 1,300,000.00 1,228,591.00 1,221,272.00 (7,319.00) 6/21/2027 4.19% $ 8,587.22 $ 28,170.97 $ 4,548.44 1421 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 956,430.00 (35,530.00) 1/1/2026 3.04% $ 19,750.00 $ 29,252.66 $ 2,747.98 885 US Treasury 912828ZW3 US Treasury Note 0.25% 8/9/2022 350,000.00 322,096.88 320,400.50 (1,696.38) 6/30/2025 3.16% $ 779.89 $ 9,366.72 $ 893.44 700 IBM 459200JY8 Corporate Bond 3.00% 3/25/2021 1,000,000.00 1,071,040.00 981,150.00 (89,890.00) 5/15/2024 0.71% $ 64,166.67 $ 16,751.96 $ 627.95 289 FFCB 3133EN5V8 Gov. Agency Debenture 4.13% 1/17/2023 236,000.00 239,174.20 232,559.12 (6,615.08) 1/11/2027 3.76% $ 4,705.25 $ 4,016.30 $ 759.18 1260 US Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 724,128.00 11,562.82 3/31/2026 4.14% $ 3,000.00 $ 23,165.06 $ 2,630.46 974 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 887,598.00 (13,341.60) 9/30/2025 4.14% $ 19,125.00 $ 28,374.86 $ 3,222.05 792 US Treasury 91282CDA6 US Treasury Note 0.25% 1/31/2022 1,100,000.00 1,085,222.44 1,090,672.00 5,449.56 9/30/2023 1.07% $ 3,195.74 $ 16,417.94 $ 988.26 61 US Treasury 91282CAW1 US Treasury Note 0.25% 7/15/2021 1,200,000.00 1,199,437.50 1,182,516.00 (16,921.50) 11/15/2023 0.27% $ 5,502.72 $ 6,348.21 $ 275.24 107 American Honda 02665WCZ2 Corporate Bond 2.40% 11/27/2019 1,000,000.00 1,012,410.01 971,790.00 (40,620.01) 6/27/2024 2.12% $ 84,733.34 $ 76,483.79 $ 1,808.54 332 JP Morgan Chase 46625HRS1 Corporate Bond 3.20% 9/23/2022 500,000.00 474,660.00 475,025.00 365.00 3/15/2026 4.70% $ 11,644.44 $ 17,865.15 $ 1,977.93 958 Honeywell Int'l. 438516BW5 Corporate Bond 2.30% 11/20/2019 1,000,000.00 1,014,660.00 968,870.00 (45,790.00) 7/15/2024 1.64% $ 73,983.33 $ 71,679.55 $ 1,685.94 350 Caterpillar Financial Serv 14913Q2V0 Corporate Bond 2.85% 2/23/2021 1,000,000.00 1,077,370.00 978,510.00 (98,860.00) 5/17/2024 0.44% $ 63,650.00 $ 10,677.18 $ 386.22 291 FNMA 3135G0V75 Gov. Agency Debenture 1.75% 10/17/2019 1,100,000.00 1,105,833.30 1,063,491.00 (42,342.30) 7/2/2024 1.63% $ 71,706.25 $ 66,718.86 $ 1,529.80 337 US Bancorp 91159HHV5 Corporate Bond 3.38% 12/24/2019 1,000,000.00 1,049,040.00 988,540.00 (60,500.00) 1/5/2024 2.12% $ 105,093.75 $ 75,978.33 $ 1,834.37 158 FFCB 3133EKQA7 Gov. Agency Debenture 2.08% 10/21/2019 1,000,000.00 1,019,780.00 963,980.00 (55,800.00) 9/10/2024 1.66% $ 70,431.11 $ 61,888.40 $ 1,423.25 407 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 1,093,296.00 (9,656.40) 8/25/2025 3.04% $ 3,187.50 $ 36,626.55 $ 2,949.15 756 US Treasury 912828ZL7 US Treasury Note 0.38% 4/12/2022 1,700,000.00 1,583,927.57 1,568,845.00 (15,082.57) 4/30/2025 2.72% $ 6,691.99 $ 54,017.06 $ 3,771.46 639 JP Morgan Chase 46625HJT8 Corporate Bond 3.88% 9/23/2019 1,400,000.00 1,485,414.00 1,387,862.00 (97,552.00) 2/1/2024 2.39% $ 182,038.89 $ 130,689.90 $ 2,944.32 185 US Treasury 912828V23 US Treasury Note 2.25% 11/29/2021 1,000,000.00 1,032,933.04 987,030.00 (45,903.04) 12/31/2023 0.66% $ 35,706.52 $ 10,649.43 $ 571.16 153 US Treasury 91282CBE0_2 US Treasury Note 0.13% 10/7/2021 1,000,000.00 994,768.98 976,880.00 (17,888.98) 1/15/2024 0.36% $ 2,214.67 $ 6,137.79 $ 301.54 168 FHLB 3130ALH98 Gov. Agency Debenture 0.25% 2/26/2021 1,000,000.00 997,610.00 969,070.00 (28,540.00) 2/26/2024 0.33% $ 5,000.00 $ 7,713.30 $ 279.99 210 FHLB 3130AQF65 Gov. Agency Debenture 1.25% 11/30/2022 1,300,000.00 1,160,559.40 1,167,049.00 6,489.60 12/21/2026 4.15% $ 9,072.92 $ 29,385.32 $ 4,296.91 1239 US Treasury 912828U57 US Treasury Note 2.13% 7/31/2019 1,000,000.00 1,011,875.00 989,220.00 (22,655.00) 11/30/2023 1.84% $ 81,458.33 $ 72,526.17 $ 1,572.25 122 US Treasury 912828X70 US Treasury Note 2.20% 12/30/2019 1,000,000.00 1,010,589.29 975,230.00 (35,359.29) 4/30/2024 1.75% $ 73,703.30 $ 68,481.11 $ 1,661.12 274 US Treasury 912828XT2 US Treasury Note 2.00% 10/31/2019 1,000,000.00 1,015,667.41 972,540.00 (43,127.41) 5/31/2024 1.64% $ 71,639.34 $ 60,792.37 $ 1,408.49 305 American Honda 02665WCQ2 Corporate Bond 3.63% 9/14/2021 950,000.00 1,012,871.00 946,076.50 (66,794.50) 10/10/2023 0.41% $ 54,143.40 $ 7,316.05 $ 346.79 71 FFCB 3133EJ3Q0 Gov. Agency Debenture 2.88% 8/28/2019 1,500,000.00 1,587,503.75 1,485,555.00 (101,948.75) 12/21/2023 2.12% $ 164,473.96 $ 87,804.46 $ 1,941.47 143 US Treasury 91282CBE0 US Treasury Note 0.13% 9/15/2021 650,000.00 647,615.46 634,972.00 (12,643.46) 1/15/2024 0.28% $ 1,488.12 $ 3,281.18 $ 155.77 168 FHLB 3130APJH9 Gov. Agency Debenture 0.75% 1/17/2023 1,000,000.00 907,010.00 901,700.00 (5,310.00) 10/28/2026 4.17% $ 2,104.17 $ 14,420.85 $ 2,725.89 1185 FFCB 3133EN5N6 Gov. Agency Debenture 4.00% 2/8/2023 1,700,000.00 1,706,732.00 1,673,837.00 (32,895.00) 1/6/2028 3.91% $ 27,955.56 $ 25,921.64 $ 5,658.95 1620 Freddie Mac 3137EAEX3 Gov. Agency Debenture 0.04% 5/1/2023 750,000.00 689,032.50 682,155.00 (6,877.50) 296.88 9/23/2025 3.97% $ (296.88) $ 4,222.09 $ 2,181.41 785 American Honda 02665WED9 Corporate Bond 4.70% 5/11/2023 600,000.00 608,856.00 594,912.00 (13,944.00) 1/12/2028 4.34% $ 4,778.33 $ 3,603.61 $ 2,234.24 1626 US Treasury 91282CEF4 US Treasury Note 2.50% 6/9/2023 1,500,000.00 1,416,626.12 1,405,845.00 (10,781.12) 7,172.13 3/31/2027 4.09% $ (7,172.13) $ 3,416.23 $ 5,043.01 1339 US Treasury 91282CGA3 US Treasury Note 4.00% 6/20/2023 2,100,000.00 2,080,558.59 2,065,392.00 (15,166.59) 1,147.54 12/15/2025 4.40% $ (1,147.54) $ 2,515.25 $ 7,797.26 868 Colgate-Palmolive 194162AR4 Corporate Bond 4.60% 7/14/2023 500,000.00 504,655.00 503,735.00 (920.00) 8,497.21 2/1/2028 4.37% $ (8,497.21) $ - $ 1,023.65 1646 FannieMae 3135G06G3 Gov. Agency Debenture 0.50% 7/14/2023 500,000.00 455,157.00 453,725.00 (1,432.00) 465.28 11/7/2025 4.63% $ (465.28) $ - $ 1,016.47 830 FFCB 3133EPQC2 Gov. Agency Debenture 4.63% 7/17/2023 500,000.00 501,957.50 499,740.00 (2,217.50) 7/17/2026 4.48% $ - $ - $ 861.98 1082 FFCB 3133EPBM6 Gov. Agency Debenture 4.13% 7/14/2023 600,000.00 596,220.00 593,904.00 (2,316.00) 9,693.75 8/23/2027 4.29% $ (9,693.75) $ - $ 1,195.55 1484 PNC Bank 69353RFJ2 Corporate Bond 3.25% 7/25/2023 1,000,000.00 921,490.00 917,930.00 (3,560.00) 270.83 12/23/2027 5.23% $ (270.83) $ - $ 826.47 1606 US Treasury 91282CFU0 US Treasury Note 4.13% 7/31/2023 1,300,000.00 1,290,660.60 1,290,965.00 304.40 13,406.25 10/31/2027 4.31% $ (13,406.25) $ - $ - 1553 Subtotal $ 49,536,000.00 $ 49,142,384.13 $ 47,921,954.12 $ (1,220,430.01) $ 40,949.87 $ 1,442,362.80 $ 1,319,061.01 $ 84,844.63 BNY MM Money Market 37,661.58 37,661.58 0.00 0.00% 1
LAIF State Investment Pool 17,138,241.57 16,878,228.72 (260,012.85) 3.31% 47,201.57 1 $66,318,287.28 $64,837,844.42 ($1,480,442.86) $40,949.87 $ 1,442,362.80 $ 1,319,061.01 $ 132,046.20 Matured Assets
PNC Financial 69349LAM0 Corporate Bond 3.80% 2/7/2022 1,000,000.00 1,033,470.00 7/25/2023 1.49% $ 55,733.33 $ 20,987.56 $ 1,032.85 US Treasury 91282CCN9 US Treasury Note 0.13% 1/13/2022 1,200,000.00 1,188,375.00 7/31/2023 0.75% $ 2,323.37 $ 13,176.45 $ 766.36 Total Investments "Matured" $ 1,799.21
Total Interest FY 23_24 Matured and Current $ 133,845.42 Maturity Profile Amount Percent
0-1 year $ 42,904,125.74 65%
1-2 years $4,923,804.45 7%
2-3 years $7,909,782.77 12%
3-5 years $ 10,580,574.32 16%
$66,318,287.28
Security Description Maturity Date Par/Shares Moody Rating S&P Rating Insight ESG Rating Environment Social Governance TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 8/25/2023 $ 1,600,000 A1 A+ 3 2 3 4 AMERICAN HONDA FINANCE 3.625% 10OCT2023 10/10/2023 $ 950,000 A3 A- 2 1 3 3 JPMORGAN CHASE & CO 3.875% 01FEB2024 2/1/2024 $ 1,400,000 A1 A- 3 1 3 4 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) 2/5/2024 $ 1,000,000 A3 A 3 3 4 3 IBM CORP 3.0% 15MAY2024 5/15/2024 $ 1,000,000 A3 A- 2 1 2 3 CATERPILLAR FIN SERVICES 2.85% 17MAY24 5/17/2024 $ 1,000,000 A2 A 4 4 3 4 AMERICAN HONDA FINANCE 2.4% 27JUN2024 6/27/2024 $ 1,000,000 A3 A- 2 1 3 3 HONEYWELL INTERNATIONAL 2.3% 15AUG2024 (CALLABLE 15JUL24) 8/15/2024 $ 1,000,000 A2 A 4 3 4 3 HOME DEPOT INC. 3% 01APR2026 (CALLABLE 01JAN2026) 4/1/2026 $ 1,000,000 A2 A 2 2 2 2 JPMORGAN CHASE & CO 3.2 15JUN2026 (CALLABLE 15MAR2026) 6/15/2026 $ 500,000 A1 A- 3 1 3 4 APPLE INC. 2.9% 12SEP2027 (CALLABLE 12JUN2027) 9/12/2027 $ 1,300,000 Aaa AA+ 5 1 4 5 AMERICAN HONDA FINANCE 4.7% 12JAN2028 1/12/2028 $ 600,000 A3 A- 2 1 3 3 PNC BANK NA 3.25% 22JAN2028 (CALLABLE 01 FEB28) 1/22/2028 $ 1,000,000 A2 A 2 2 3 3 COLGATE-PALMOLIVE CO 4.6% 01MAR2028 (CALLABLE 01FEB28) 3/1/2028 $ 500,000 Aa3 AA- 3 2 2 3 Total/Average $ 13,850,000 2.9 1.8 3.0 3.4
*ESG ratings are from 1 to 5, with 1 as the highest rating and 5 as the lowest. All ratings are weighted by industry rankings, based on the importance of the category within the individual industry.
Town of Los Gatos
Insight ESG Ratings as of July 31, 2023
Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure Transfer In
Transfer
Out
GENERAL FUND
Non-Spendable:
Loans Receivable 159,000 - - - - 159,000
Restricted Fund Balances:
Pension 690,000 - - - - 690,000
Committed Fund Balances:
Budget Stablization 5,991,566 - - - - 5,991,566
Catastrphic 5,991,566 - - - - 5,991,566
Pension/OPEB 300,000 - - - - 300,000
Assigned Fund Balances:
Open Space 410,000 - - - - 410,000
Sustainability 140,553 - - - - 140,553
Capital/Special Projects 11,055,733 - - - - 11,055,733
Carryover Encumbrances 33,145 - - - - 33,145
Compensated Absences 1,519,147 - - - - 1,519,147
Measure G District Sales Tax 590,581 - - - - 590,581
Unassigned Fund Balances:
111 Other Unassigned Fund Balance Reserve (Pre YE distribution) 5,402,338 654,321 (2,053,348) - - 4,003,311 General Fund Total 32,283,629 654,321 (2,053,348) - - 30,884,602 * Interfund transfers and ARPA funding allocation to be performed as part of the fiscal year end closing entries. ** Interfund transfers to be performed as part of the fiscal year end closing entries.
July 2023
Prior Year
Carryforward
7/1/2023*
Estimated Fund
Balance
7/31/2023**
Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure Transfer In
Transfer
Out
SPECIAL REVENUE
211/212 CDBG 166,653 - - - - 166,653
222 Urban Runoff (NPDES) 634,232 22,431 (11,685) - - 644,978 231-236 Landscape & Lighting Districts 178,826 - - - - 178,826 241 ARPA 3,614,872 - - - - 3,614,872
251 Los Gatos Theatre 24,704 5,514 - - - 30,218
711-716 Library Trusts 529,650 - (2,681) - - 526,969
Special Revenue Total 5,148,937 27,945 (14,366) - - 5,162,516
CAPITAL PROJECTS
411 GFAR - General Fund Appropriated Reserve 14,457,009 8,000 (2,000) - - 14,463,009 421 Grant Funded Projects (455,989) 19,122 - - - (436,867) 461-463 Storm Basin Projects 3,162,560 - - - - 3,162,560 471 Traffic Mitigation Projects 405,570 - - - - 405,570 472 Utility Undergrounding Projects 3,379,836 - - - - 3,379,836 481 Gas Tax Projects 1,692,725 - - - - 1,692,725
Capital Projects Total 22,641,711 27,122 (2,000) - - 22,666,833
INTERNAL SERVICE FUNDS
611 Town General Liability 248,957 5,000 - - - 253,957
612 Workers Compensation 873,703 76,414 - - - 950,117
621 Information Technology 3,076,585 3,138 (318,457) - - 2,761,266 631 Vehicle & Equipment Replacement 2,458,150 10,713 - - - 2,468,863 633 Facility Maintenance 727,296 4,000 (9,828) - - 721,468 Internal Service Funds Total 7,384,691 99,265 (328,285) - - 7,155,671 Trust/Agency
942 RDA Successor Agency (7,564,760) - (1,669,989) - - (9,234,749) Trust/Agency Fund Total (7,564,760) - (1,669,989) - - (9,234,749) Total Town 59,894,208 808,653 (4,067,988) - - 56,634,873 * Interfund transfers and ARPA funding allocation to be performed as part of the fiscal year end closing entries. ** Interfund transfers to be performed as part of the fiscal year end closing entries.
Deposit Accounts of Interest:
111-23541 General Plan Update deposit account balance $1,025,683.96 111-23521 BMP Housing deposit account balance $3,885,172 Prior Year
Carryforward
7/1/2023*
July 2023
Estimated Fund
Balance
7/31/2023**
PREPARED BY: James Watson
Senior Civil Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/19/2023
ITEM NO: 3
DATE: September 6, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Acknowledging the Completion of Public Right-of-Way Improvements by Betchart Union Avenue Development LLC for the Subdivision Located at 15975 Union Avenue and Authorizing the Town Manager to Execute and Record a Notice of Completion and Certificate of Acceptance
RECOMMENDATION:
Adopt a Resolution (Attachment 1) acknowledging the completion of public right-of-way improvements by Betchart Union Avenue Development LLC for the subdivision located at 15975 Union Avenue and authorizing the Town Manager to execute and record a notice of completion and certificate of acceptance (Attachment 2).
BACKGROUND:
The County recorded a parcel map on February 19, 2019 subdividing Lands of Betchart Union Avenue Joint Venture Partnership located on the northwest corner of intersection of Union Avenue and Blossom Hill Road into three parcels.
The Town issued Conditions of Approval of the subdivision that obligated the Subdivider to enter into several agreements including a Shared Maintenance Agreement, Landscape Maintenance Agreement, Agreement for Stormwater Best Management Practices Inspection and Maintenance Obligations, and a Subdivision Improvement Agreement.
The Town Manager executed a Subdivision Improvement Agreement with the Subdivider on October 22, 2018 to construct various off-site public improvements including curb, gutter, sidewalk, drainage, a dedicated right turn lane, crosswalk, street light and traffic light upgrades,
PAGE 2 OF 2
SUBJECT: Authorize the Town Manager to Execute a Notice of Completion and Certificate of Acceptance for the Public Right-of-Way Improvements Completed by Betchart Union Avenue Development LLC for the Subdivision Located at 15975 Union Avenue, and Authorize the Town Clerk to Submit for Recordation DATE: September 6, 2023
BACKGROUND (continued):
signage and striping including bike lanes. Faithful performance and labor and materials bonds were collected from the Subdivider to ensure completion of the improvements.
DISCUSSION:
The Subdivider has completed the work for the public improvements per the conditions of the Subdivision Improvement Agreement, and staff is recommending project acceptance. Ten percent of the faithful performance bond shall be retained for a period of two-years as a guaranty from any defective materials and workmanship. The execution and recordation of the Notice of Completion and Certificate of Acceptance is required to finalize the Town's acceptance of the public right-of-way improvements.
CONCLUSION:
Construction of the required improvements is complete, and staff is recommending acceptance of the public improvements at the intersection of Union Avenue and Blossom Hill Road and execution of the required supporting documents.
FISCAL IMPACT:
The property owner and its successors shall be responsible for the maintenance of all vegetated areas adjacent to the property along Union Avenue and Blossom Hill Road located within the street dedication. The public improvements associated with the Subdivision Improvement Agreement are not anticipated to increase maintenance costs of the Town’s infrastructure.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15303: New Construction or Conversion of Small Structures). A Notice of Exemption will not be filed.
Attachments:
1. Resolution
2. Certificate of Acceptance and Notice of Completion
1 of 2
Draft Resolution Date
ATTACHMENT 1
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY BETCHART UNION AVENUE DEVELOPMENT, LLC AT 15975 UNION AVENUE AND AUTHORIZING EXECUTION AND
RECORDATION OF A NOTICE OF COMPLETION AND CERTIFICATE OF ACCEPTANCE
WHEREAS, The County recorded a parcel map on February 19, 2019 subdividing Lands of Betchart Union Avenue Joint Venture Partnership located on the northwest corner of intersection of Union Avenue and Blossom Hill Road into three parcels; and WHEREAS, The Town issued Conditions of Approval of the subdivision that obligated the Subdivider to enter into several agreements including a Shared Maintenance Agreement, Landscape Maintenance Agreement, Agreement for Stormwater Best Management Practices Inspection and Maintenance Obligations, and a Subdivision Improvement Agreement; and WHEREAS, The Town Manager executed a Subdivision Improvement Agreement with the Subdivider on October 22, 2018 to construct various off-site public improvements including curb, gutter, sidewalk, drainage, a dedicated right turn lane, crosswalk, street light and traffic light upgrades, signage and striping including bike lanes. Faithful performance and labor and materials bonds were collected from the Subdivider to ensure completion of the improvements.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE:
1. The Subdivider has completed the work for the public improvements per the conditions of the Subdivision Improvement Agreement, and
2. The Town Manager is authorized to execute and record with the County a Notice of Completion and Certificate of Acceptance.
2 of 2
Draft Resolution Date
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council held on the _____ day of __________, 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: __________________
Recording Requested by:
TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
TOWN CLERK
TOWN OF LOS GATOS
110 E MAIN ST
LOS GATOS, CA 95030
______________________________________________________________________________ (SPACE ABOVE BAR FOR RECORDER’S USE)
(RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 27383 AND 6103)
TYPE OF RECORDING
NOTICE OF COMPLETION AND CERTIFICATE OF ACCEPTANCE
15975 UNION AVENUE, LOS GATOS, CA
TO WHOM IT MAY CONCERN:
I do hereby certify that Betchart Union Avenue Development LLC has completed the work called for in the Subdivision Improvement Agreement for work located at 15975 Union Avenue in the TOWN OF LOS GATOS, County of Santa Clara, State of California executed October 23, 2018. The work was completed in September 2023, and approved and accepted on September 19, 2023.
Bond No.: 4418294
Date: May 25, 2018
SURETEC INSURANCE COMPANY
3131 Camino Del Rio N. Ste. 1450, San Diego, California, 92108
TOWN OF LOS GATOS
By: __________________________________
Laurel Prevetti, Town Manager
Acknowledgement Required
ATTACHMENT 2
PREPARED BY: Marina Chislett
Environmental Programs Specialist
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/19/2023
ITEM NO: 4
DATE: September 8, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Memorandum of Agreement with the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee to Allow Satellite and Auxiliary Teleconferencing Attendance in Meetings
RECOMMENDATION:
Authorize the Town Manager to execute a First Amendment to the Memorandum of Agreement with the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee to allow satellite and auxiliary teleconferencing attendance in meetings.
BACKGROUND:
County-wide coordination of mandated and discretionary recycling and solid waste planning, collection, and disposal services is provided by the Santa Clara County Recycling and Waste Reduction Commission (RWRC). The RWRC is chartered by the Board of Supervisors and is made up of elected officials representing cities, the County of Santa Clara, and Valley Water.
The Santa Clara County Cities Association appoints a RWRC member to represent the West Valley communities of Los Gatos, Campbell, Saratoga, and Monte Sereno.
A Technical Advisory Committee (TAC) advises the RWRC. The TAC is made up of city representatives, the County, and representatives of the solid waste industry, recyclers, San Jose State University, and environmental organizations. Los Gatos is represented on the TAC by the Town’s the West Valley Solid Waste Management Authority.
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SUBJECT: First Amendment to an Agreement with the Santa Clara County Recycling & Waste Reduction Technical Advisory Committee to Allow Satellite and Auxiliary Teleconferencing Attendance in Meetings
DATE: September 19, 2023
DISCUSSION:
In February 2023, the Implementation Committee, a special Technical Advisory Committee led by RWRC, provided direction to jurisdictions to revise the language of the 2013 Recycling and Waste Reduction Committee Memorandum of Agreement (MOA) (Attachment 1) to allow teleconference participation by staff, voting members, and the public.
Attorneys of all participating jurisdictions provided feedback to ensure compliance with the Brown Act for the proposed First Amendment (Attachment 2).
CONCLUSION:
Staff recommends that the Council authorize the Town Manager to execute a First Amendment to MOA with the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee to allow satellite and auxiliary teleconferencing attendance in meetings.
FISCAL IMPACT:
This is no fiscal impact for this item.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee
2. First Amendment to Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee
CLERK DEPARTMENT
AGR- J3 - 0' 1
IIIH -
AGREEMENT ORD
CREATING THE SANTA CLARA COUNTNC
RECYCLING AND WASTE REDUCTIOWso
TECHNICAL ADVISORY COMMITTEE
THIS AGREEMENT, is made and entered into this day of
2013 by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF GILROY, a municipal corporation of the State of California, CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MORGAN HILL, a municipal corporation of the State of California, CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a chartered municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California.
All of the above - mentioned entities are hereinafter collectively referred to as " PARTIES' or individually as " PARTY."
RECITALS:
A. In 1989 the California Legislature passed and enacted the California Integrated Waste Management Act, known as " AB 939 ", (Public Resources Code Section 40000 et. seq) requiring jurisdictions to divert 25% of waste from disposal by 1995 and 50% of waste from disposal by 2000. AB 939 required each County to develop and periodically update a County Integrated Waste Management Plan and to appoint an AB 939 Local Task Force.
B. Prior to 1992 the Solid Waste Committee of the Santa Clara County Intergovernmental Council advised the cities and the County on solid waste and recycling issues. The Technical Advisory Committee, also originally convened by the Intergovernmental Council, provided technical advice to the Solid Waste Committee on solid waste and recycling issues.
C. On or about February 1992, the Santa Clara County Board of Supervisors and the cities in Santa Clara County designated the Solid Waste Committee of the Intergovernmental Council as the AB 939 Task Force for Santa Clara County.
D. On February 4, 1992 the Santa Clara County Board of Supervisors replaced the Solid Waste Committee of the Intergovernmental Council with the Solid 5/ 6/ 13
ATTACHMENT 1
TAC MEMORANDUM OF AGREEMENT
Waste Commission of Santa Clara County ( "Commission ") in order to streamline the decision- making process on solid waste and recycling issues.
Ordinance No. NS- 300. 495) The powers and duties of the Commission are defined in Chapter XVII, Division A6 of the County of Santa Clara Ordinance Code.
E. On December 4, 2001 the Santa Clara County Board of Supervisors approved Ordinance No. NS- 300. 658 changing the name of the Commission to the Recycling and Waste Reduction Commission of Santa Clara County.
F. The Commission advises city councils and the Board of Supervisors in Santa Clara County on countywide solid waste and recycling planning issues and on the County Solid Waste Management Plan /County Integrated Waste Management Plan.
G. The By -Laws of the Commission (also approved by the County Board of Supervisors on February 4, 1992) continued the existence of the Recycling and Waste Reduction Technical Advisory Committee (the "TAC'). The purpose of the TAC was to provide technical advice to the Commission on solid waste management and policy; to bring together a wide spectrum of viewpoints and expertise on countywide solid waste and recycling issues affecting individual jurisdictions; and to assist in development of policies, programs and revisions and amendments to countywide plans.
H. On an annual basis, the TAC prepares and submits an Annual Workplan and Budget for review and approval by the Commission. The Commission - approved Annual Workplan is then implemented by the TAC using funds in the Commission - approved Annual Budget.
In accordance with the AB 939 provisions for financing solid waste diversion and planning activities, the County of Santa Clara levies and collects the Countywide Solid Waste Planning Fee ( "SWPF ") on each ton of solid waste disposed at landfills located within the County, on tons taken to non - disposal facilities located within the county and subsequently transported for disposal to landfills outside Santa Clara County, and on tons transported directly to disposal facilities located outside Santa Clara County.
The current SWPF of $0. 78 per ton was established by the County Board of Supervisors on May 19, 2009. Funds from the SWPF are used to fund the activities and programs of the Commission and the TAC. In addition, funds from grants, voluntary contributions from other agencies and other revenue sources are used to fund these activities and programs. Such funds, including monies from the SWPF, are referred to herein as " County -wide Funds ".
J. In 2011 Assembly Bill 341 ( "AB 341 ") was signed into law establishing a statewide goal of diverting 75% of solid waste from disposal by 2020 and requiring The California Department of Resources, Recycling and Recovery to prepare and submit a plan to the Legislature on or before January 1, 2014 on how to achieve this goal.
K. Since the TAC was originally established, the field of solid waste management and 5/ 6/ 13 2
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recycling has become much more complex and the PARTIES must comply with an increasing number of laws and regulations. In order to achieve the statewide goal of 75% diversion, many materials currently disposed in landfills must be segregated and processed at new facilities, and channeled into useful purposes. New infrastructure, diversion systems and enhanced producer responsibility measures must be implemented in order to accomplish this goal.
L. Commensurate with changes in the breadth and complexity of the solid waste and recycling field, the work and functions of the TAC have evolved over time to encompass not only providing advice to the Commission, but also recommending, implementing and monitoring county -wide public education and diversion programs included in the Commission - approved Annual Workplan and Budget where it is cost - effective for the PARTIES to jointly provide such programs.
M. The TAC requires expanded powers and authority to monitor ongoing staffing support for programs in the Commission- approved Annual Workplan as well as the power and authority to recommend, monitor and audit the funding for these programs, at the levels contained in the Commission - approved Annual Budget.
N. In order to address these issues the Commission appointed the Ad Hoc Committee for TAC Organizational Study and the TAC appointed the TAC Ad Hoc Organizational Study Subcommittee. Pursuant to recommendations from these Committees, the County retained Arroyo Associates in 2010 to conduct an independent Organizational Study. The study evaluated the countywide integrated waste management programs and services and provided operational and organizational recommendations to enhance the efficiency and effectiveness of the countywide solid waste management system. The Commission' s Ad Hoc Committee held a meeting on May 29, 2012 with representatives of the TAC and the public to discuss the recommendations of the Organizational Study and options for restructuring the operating parameters of the TAC.
O. The purpose of this Agreement is to implement the recommendations of the Commission' s Ad Hoc Committee and the TAC Ad Hoc Subcommittee to revise the functions, powers, membership, structure and duties of the TAC to make these consistent with the manner in which the TAC currently functions; and to simplify the reporting relationship between the Commission and the TAC. Such changes are desired by the PARTIES in order to facilitate county -wide and regional approaches for meeting the statewide goal of 75% diversion articulated in AB 341; remaining in compliance with the existing requirements of AB 939, SB 1016 and all other state and federal laws and regulations, and planning for the goal of zero waste in the future.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
PURPOSES AND FUNDING
The Santa Clara County Recycling and Waste Reduction Technical Advisory 5/ 6/ 13
TAC MEMORANDUM OF AGREEMENT
Committee ( "TAC ") is hereby established to replace the Recycling and Waste Reduction Technical Advisory Committee referred to in Article V of the Commission Bylaws dated October 2001.
A. Purposes. The purposes of the TAC are:
1. To implement the Commission - approved Annual Workplan and Budget;
2. To advise the Commission and the decision - making bodies of all PARTIES on technical and policy issues related to solid waste management and recycling including plans to achieve the statewide AB 341 goal of 75% diversion by 2020 and plans for working toward the goal of zero waste;
3. To bring together a wide spectrum of viewpoints and expertise to focus on countywide solid waste management, issues affecting individual communities, and solid waste and recycling issues affecting public environmental health;
4. To assist in development of policies, programs and revisions and amendments to countywide plans that can meet countywide needs and thus receive countywide approval;
5. To provide a forum for exchange of solid waste, recycling, composting and other diversion information;
6. To inform the PARTIES' respective agencies and jurisdictions about issues and recommendations of the Commission, and perform follow -up actions, as necessary;
7. To recommend Commission approval of countywide programs to maximize the effectiveness of local funds spent for public education and recycling programs, and to implement and monitor such programs.
8. To assist with future master planning for facilities and infrastructure, as requested by the Commission.
9. To perform technical and policy review and make technical and policy recommendations to the Commission and technical recommendations to the PARTIES concerning best practices in solid and hazardous waste management; recycling, composting, diversion programs, source reduction; litter reduction on land; reduction of litter that originates from the storage, collection, transportation, and processing of solid waste, recyclable materials and organic materials that affects water quality in local creeks, San Francisco Bay, and oceans; and ' cradle to cradle' extended producer responsibility for products and packaging from creation through use and ultimate recycling or other disposition, with regard to:
a. The feasibility of technical proposals;
b. Analysis of issues and problems in solid waste management; c. Proposed and /or needed national and state legislation and policies; d. New infrastructure required to achieve countywide goals, and; e. Financing and management options for creation of such infrastructure.
10. To perform other duties as directed by the Commission.
B. Funding. The TAC is funded by the Solid Waste Planning Fee ( "SWPF ") that is charged to customers by the operators of all disposal and non - disposal facilities located within the County of Santa Clara, and remitted, by those facility operators, to the County of Santa Clara. The SWPF is also charged on tons of solid waste that are hauled directly to out -of- county disposal facilities. The amount of the SWPF is 5/ 6/ 13 4
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established by the Board of Supervisors based upon input and recommendations from the Commission and the TAC Implementation Committee. Additional revenues come from grants, voluntary contributions of other agencies and other sources. These, together with the SWPF funds constitute the County -wide Funds used to fund the Commission - approved Annual Workplan and Budget.
II. COMPOSITION
A. Voting members, not to exceed 27 in number, shall include:
1. One ( 1) staff person from each City or Town that is a PARTY
2. Three ( 3) staff persons from the County as follows:
a. One ( 1) to represent the Unincorporated Area
b. One ( 1) to represent County interests related to environmental health c. One ( 1) to represent County interests related to integrated waste management
3. One ( 1) staff person from the Santa Clara Valley Water District
4. Up to eight (8) persons from non - governmental organizations appointed by the Commission as follows:
a. No more than three ( 3) representing for - profit industry groups and /or business organizations (however no member shall represent a single for - profit company)
b. No more than four (4) representatives of non - profit groups that advocate for source reduction, recycling programs, sustainability, and /or producer responsibility
c. No more than two (2) representatives of institutions of higher learning located within Santa Clara County
B. Appointment of Members. All members representing a public agency shall be re- designated annually via a letter on agency letterhead addressed to the TAC Administrator ( "Administrator "). The Commission will accept requests and nominations for non - governmental organizations to serve on the TAC. The Administrator will publish a notice in a daily local newspaper of general circulation to a minimum of two - hundred fifty thousand ( 250, 000) people in September of every other year announcing that nominations and requests to serve are being accepted. The Administrator will take other reasonable and cost - effective measures to distribute the announcement via other media, including but not limited to, web sites, local publications and social media, to reach persons who might not see the notice in a daily newspaper. The Commission will select the non - governmental organizations to be represented on the TAC. Those organizations will, in turn, submit a letter to the Administrator designating a member and an alternate. Members representing nongovernmental organizations shall serve for a period of two (2) years beginning in January. At the end of that time the Commission shall select the non - governmental organizations to be represented on the TAC for the new two (2) year term. The initial group of non - governmental organization representatives will be selected by the Commission on or before December 31, 2013 and will begin serving their terms on January 1, 2014. The Administrator will publish a notice in the newspaper, and distribute the notice via other suitable media, in September 2013 announcing that the 5/ 6/ 13 5
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Commission will consider nominations and applications for non - governmental organizations to be represented on the TAC.
C. Alternates. Each PARTY may designate one or more alternate representative( s) to serve in the absence of the regular member. The alternate(s) will be designated in writing as described in Section II B. Alternates may serve on TAC committees, subcommittees, and ad hoc subcommittees.
D. Vacancies. Each PARTY is responsible for designating a replacement for its member if the member can no longer serve. In the event of a vacancy, the Chair shall, by letter, request that the PARTY designate a new member. If a vacancy occurs with regard to a representative of a non - governmental organization, the Administrator shall notify the non - governmental organization to designate a new member. In the event the non - governmental organization declines, the TAC shall notify the Commission and request that a new non - governmental organization be selected to fill the remainder of the term created by the vacancy.
E. Attendance. Attendance at meetings is vital to the proper and effective functioning of the TAC. Three (3) consecutive absences or a member missing over fifty percent (50 %) of the TAC meetings in a calendar year are sufficient grounds for the Administrator to notify the member and request their attendance. Should a PARTY be unable to send its representative to meetings for an extended period of time, the PARTY shall notify the Chair in writing on letterhead and a replacement representative will not be requested from that PARTY.
III. QUORUM AND VOTING
A. Quorum. A quorum consists of thirteen ( 13) voting members physically present at a meeting.
B. Voting. Actions of the TAC shall be taken by a majority vote of the members present at the meeting. Each member has one vote. ( See Section VI B for voting and quorum requirements for the Implementation Committee that differ from those for the full TAC.)
C. Attendance From A Remote Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from a remote location via telephone or video- conference provided that all requirements of the Brown Act Government Code Section 54950, et seq.) are met and further provided that the scheduled meeting room has the technical capability to accommodate the request. In such event the member will notify the Administrator at least ten ( 10) days in advance of the meeting and ask to attend from a remote location. The Administrator will advise the member if this is possible. If so, the Administrator will comply with all Brown Act requirements including stating the alternate location in the meeting notice. The member shall also comply with all Brown Act requirements in Government Code Section 54953 ( b), including, but not limited to, posting a meeting notice and agenda on the door of the remote location for the duration of the meeting, and allowing 5/ 6/ 13 6
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members of the public to participate in the meeting from the remote location along with the member. The member's vote will be counted; however, the member will not be included in the count to determine a quorum., Attendance from a remote location is to be used only in rare cases of unavoidable schedule conflicts. In- person attendance and participation at meetings is strongly preferred and encouraged.
D. Bylaws. The TAC may, as necessary, recommend adoption of Bylaws for its governance to the Commission for approval, and operate according to Bylaws approved by the Commission. In the event revisions to Commission - approved Bylaws are desired, the TAC may recommend such revisions to the Commission.
IV. OFFICERS AND THEIR RESPONSIBILITIES
A. Officer Positions. The officers of the TAC shall be the Chair, Vice Chair, and the Subcommittee Chairs. The Chair and Vice Chair of the TAC must be voting members or alternates representing a PARTY.
B. Election and Term. Each officer shall be elected by majority vote of a quorum of the voting membership at the last meeting of each calendar year or as soon thereafter as possible. All officer's terms begin with the first meeting of each calendar year.
C. Duties. The Chair of the TAC shall be responsible for chairing all meetings of the TAC and the Implementation Committee ( IC), and representing the TAC and the IC at Commission meetings. The Chair shall approve the draft agendas for TAC and IC meetings, except that any agenda item proposed by two ( 2) or more voting members must be placed on the next available agenda. The Vice Chair shall serve as the Chair in the Chair's absence. The Chairs of the Subcommittees shall be responsible for calling meetings of their respective Subcommittees and chairing those meetings. The Subcommittee Chairs shall approve the draft agendas for their respective Subcommittees except that any items proposed by two ( 2) or more voting members of a Subcommittee shall be placed on the next available Subcommittee agenda.
V. MEETINGS
A. Meetings. The TAC shall meet monthly at the time and place published on the agendas. Additional meetings may be called as needed. The Chair shall provide every member of the TAC with seventy -two ( 72) hours written notice of regular and additional TAC meetings. The agenda for each meeting shall be developed by the Administrator in consultation with the TAC Chair, and shall be approved by the Chair.
B. Conduct of Meetings. All meetings of the TAC, including all Committees, Subcommittees, Ad Hoc Committees and Subcommittees and any closed sessions with legal counsel, shall be properly noticed and conducted in accordance with the Brown Act" (Government Code Section 54950 et seq.) Except for official meetings of the TAC and its Committees, Subcommittees and Ad Hoc Committees and Subcommittees, nothing herein shall be interpreted to require meetings between staff 5/ 6/ 13 7
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members of the individual PARTIES (including designated representatives of the PARTIES) to be subject to the Brown Act, where the Brown Act would not otherwise apply. Each PARTY is individually responsible for ensuring it complies with the Brown Act. Wherever this Agreement is silent with regard to procedure, Robert' s Rules of Order shall apply.
VI. IMPLEMENTATION COMMITTEE
A. Composition and Duties. The TAC Implementation Committee ( IC) is comprised of one voting member from each PARTY to this Agreement plus one voting member from the Santa Clara Valley Water District ( SCVWD). The PARTY'S IC representative is usually also the PARTY'S TAC representative.
Each PARTY and the SCVWD may also designate an alternate. The purpose of the IC is to make decisions and recommendations on all fiscal, management and administrative issues of the TAC. The IC selects, monitors and provides oversight of the Administrator, the Fiscal Agent, the Contracting Agent, and legal counsel to the TAC. The IC recommends the level and setting of the SWPF to the Commission.
B. Quorum, Voting and Meetings. A quorum of the IC is nine ( 9) voting members. ( Note: the City of San Jose representative counts as two (2) voting members toward the IC quorum.) The affirmative vote of at least eight (8) voting members of the IC, including PARTIES collectively representing at least forty percent (40 %) of the population of the incorporated and unincorporated areas of the County of Santa Clara, is necessary to approve any measure brought before the IC. ( For purposes of calculating whether or not the forty percent (40 %) figure has been reached, the population of each PARTY shall be counted; however, no population shall be attributed to the SCVWD due to the fact that it encompasses such a large percentage of the population of the entire incorporated and unincorporated County.) Each member of the IC shall have one vote, with the exception of the City of San Jose which shall have two (2) votes. The IC shall meet at least annually to consider and recommend approval of the Annual Workplan and Budget to the Commission for the upcoming fiscal year. The Chair may call other meetings of the IC as needed. All IC meetings are open to the public and to all TAC members. Participation and discussion by all TAC members and by members of the public is encouraged. The Chair of the IC forwards all recommendations made by the IC directly to the Commission, and also makes an informational report to the TAC on the recommendations forwarded to the Commission. The Chair shall strive to achieve consensus among IC members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event the Chair will report the recommendation of the IC along with the dissenting opinion( s) and viewpoints, to the Commission and to the TAC. In the event of a tie, the Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative, the Chair may, in the Chair's sole discretion, re- agendize the item for 5/ 6/ 13 8
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another IC meeting.
C. Use of Outside Contractors. The IC is responsible for selecting any consultant(s) or contractor(s) ( "Outside Contractors ") to perform tasks included in the Commission - approved Annual Workplan and Budget and who are to be paid from County -wide Funds, using a process created in consultation with the Contracting Agent. The IC is responsible for reviewing and approving the parameters of any contracts with Outside Contractors, including the scope(s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors.
The IC then directs the Contracting Agent to conduct the procurement process for Outside Contractors and to execute contracts with the selected Outside Contractor(s).
VII. TAC SUBCOMMITTEES
A. Issue and Policy Subcommittees. Issue and policy subcommittees shall be established as needed by the TAC. The TAC will evaluate and establish standing Subcommittees in December of each year. Additional Subcommittees may be established at other times throughout the year as needed.
B. Membership and Meetings. Membership on all issue and policy Subcommittees is open to all TAC voting members and designated alternates. There is no maximum size for each Subcommittee. The TAC shall appoint a Chair for each Subcommittee. A quorum is two (2) or more Subcommittee members.
Subcommittees may elect a Vice -Chair to serve in the Chair's absence.
Subcommittee chairs shall be responsible for calling and chairing meetings. The Subcommittee chairs shall approve the draft agenda and report the activities and recommendations of the Subcommittee to the TAC. Subcommittee chairs shall strive to achieve consensus among members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event the Chair will report the recommendation of the Subcommittee along with the dissenting opinion( s) and viewpoints, to the TAC. In the event of a tie, the Subcommittee Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative the Subcommittee Chair, in consultation with the TAC Chair, may decide to reagendize the item for discussion at another meeting.
C. Ad Hoc Subcommittees. The TAC may establish Ad Hoc Subcommittees as needed to address specific issues or problems. The TAC shall appoint a Chair for each Ad Hoc Subcommittee. All Ad Hoc Subcommittees shall follow the same operating procedures as the standing issue and policy subcommittees. The TAC Chair shall monitor the work of all Ad Hoc Subcommittees, and all such Subcommittees shall be promptly disbanded by the TAC once their tasks have been accomplished.
VIII. TAC ADMINISTRATOR
A. Duties. The TAC Administrator provides administration and management services to the TAC and carries out the Annual Workplan. Duties of the Administrator 5/ 6/ 13 9
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include but are not limited to: scheduling meetings of the TAC and all committees, subcommittees, and ad hoc subcommittees; preparing agendas and meeting minutes; maintaining all TAC records and files; notifying the TAC of correspondence received and preparing outgoing correspondence; completing all tasks in the Annual Workplan; providing monthly reports at TAC meetings on the status of the Workplan; and other duties as directed by the IC. The Administrator reports to the Chair of the TAC. The Administrator shall work cooperatively and collaboratively with the IC, the Fiscal Agent and the Contracting Agent. The Administrator is paid from funds in the adopted TAC budget.
B. Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. The IC will receive and evaluate proposal( s) and make a recommendation to the Commission on selection of an Administrator, as further described in Attachment 2.
C. Initial Administrator. The initial Administrator for the TAC shall be the County of Santa Clara, Integrated Waste Management Division ( "County IWMD "). The initial staff provided is described on Attachment 1. In the event of a change in the initial staff, the procedures described in Attachment 2 shall be followed. In the event the IC determines there is a need for a change in the Administrator in the future (due to costs, availability of designated employees or for other reasons), or in the event the County IWMD is unable or unwilling to serve, the procedures for selection of a new Administrator in Attachment 2 shall be followed.
D. IfAdministrator Is Also A PARTY. In the event the Administrator is a PARTY, that PARTY shall appoint a TACK representative whose function is to represent the PARTY's point of view on issues, policy and fiscal matters. The PARTY'S TACK representative shall be a person who is not be involved in the work of the Administrator. This designation shall be made in writing on the PARTY'S letterhead to the Chair of the TAC. The person( s) fulfilling the duties of the Administrator shall act as staff to the TAC, TAC committees and subcommittees, and to the IC.
E. Contract With Administrator. All duties and responsibilities of the Administrator, and a list and description of all staff assigned to provide Administrator services, shall be included in a contract between the Contracting Agent and the Administrator. The contract term may be for a single year or for multiple years, at the discretion of the IC. In the event that the Administrator is a PARTY, a letter agreement will be prepared between the Contracting Agent and the Administrator, containing all of the duties, responsibilities, staffing commitments and costs for the Administrator to serve for the upcoming fiscal year. The letter agreement will include the Annual Workplan and costs for the Administrator's services. The letter agreement shall state that the Administrator agrees to provide the described services at the approved costs for the upcoming fiscal year and that all employee and overhead costs will be maintained at the levels specified in the agreement for that fiscal year. With regard to the initial Administrator, the first letter agreement shall be prepared and executed prior to July 1, 2014 to reflect the costs and the scope of work to be performed for FY 5/ 6/ 13 10
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2014115. If the Administrator and the Contracting Agent are the same PARTY, the letter agreement will be prepared and signed by a staff person designated to represent the Administrator and also signed by a separate staff person designated to represent the Contracting Agent.
F. Annual Workplan and Budget. As the work of the TAC progresses each year, the Administrator will maintain a list of potential work items to be placed in the Annual Workplan for the upcoming fiscal year. Beginning with preparation of the Annual Workplan and Budget for fiscal year 2014/ 15 the following schedule will apply. In November of each year, the IC will review the list of potential work items compiled by the Administrator, add additional items as needed, and direct the Administrator to prepare a proposed Workplan and Budget for the upcoming fiscal year. The proposed Annual Workplan will contain the elements described in Attachment 3.
The Administrator shall submit the final draft of the proposed Annual Workplan and Budget to the IC no later than December 15 of each year. If required, the IC will provide revisions and comments to the Administrator who will then revise and finalize the Annual Workplan and Budget. The IC will approve the Annual Workplan and Budget on or before January 31 of each year and forward it to the Commission for approval. Commission approval is anticipated to be during the month of February.
Upon approval by the Commission, the Contracting Agent will prepare agreements with the Administrator, the Fiscal Agent and the Contracting Agent that include the approved Annual Workplan and Budget (for the Administrator) and the approved costs and duties (for the Fiscal Agent and the Contracting Agent) as described in Sections VIII E, IX D and X C. The agreements will be signed by designated representatives of the Administrator, the Fiscal Agent and the Contracting Agent. In the event the Administrator, the Fiscal Agent and /or the Contracting Agent are the same PARTY, that PARTY shall designate separate representatives to execute the agreements on behalf of the Administrator, the Fiscal Agent and the Contracting Agent. Said agreements shall be fully executed and in place prior to July 1 of each year.
G. Annual Reporting and Evaluation. The Administrator shall prepare a self - evaluation /audit report to the IC including significant accomplishments, work items planned but not accomplished, work items not planned but completed, and the status of all work items in the Annual Workplan. The report will include recommendations and suggestions for improving the work of the Administrator and will be submitted on or before September 15 each year. The IC will consider the report at a regular meeting and discuss and provide recommendations and feedback to the Administrator. The IC will rate the overall implementation and effectiveness of the Workplan and, in turn, rate the performance of the Administrator based upon the ability of the Administrator to meet the timelines and budget in the Workplan and to effectively support the Commission and the TAC. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Administrator. This feedback will be used by the Administrator to make any required changes in operations, procedures and /or work tasks for the next fiscal year. In addition to the annual review of the Administrator the IC may, at any time, 5/ 6/ 13 11 Page 39
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discuss questions, concerns or issues of performance with the Administrator.
IX. FISCAL AGENT
A. Duties. The Fiscal Agent serves as the treasurer of the County -wide Funds and is responsible for collecting the SWPF from all solid waste disposal facilities and non - disposal facilities located within Santa Clara County. The Fiscal Agent also collects and receives grant funds and revenues from other sources. The Fiscal Agent shall diligently pursue collection of all SWPF funds and shall keep the IC apprised of the amount and entity owing delinquent payments, as well as of the status of collection activity initiated by the Fiscal Agent regarding the delinquent payments.
The Fiscal Agent shall manage all funds in accordance with generally accepted government accounting procedures. The Fiscal Agent shall keep County -wide Funds segregated from all other funds administered by the Fiscal Agent in separately numbered and coded accounts that are readily identifiable as those containing County -wide Funds; shall credit appropriate interest income earned on such funds in each fiscal year; and shall not expend, use or transfer any funds except in accordance with the Annual Workplan and Budget approved by the IC and the Commission, or as otherwise directed by the IC. In the event the Fiscal Agent is not also the Contracting Agent, the Fiscal Agent shall transfer County -wide Funds to the Contracting Agent as directed by the IC, in accordance with the procedures in Attachment 5. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.
B. Initial Fiscal Agent. The initial Fiscal Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Fiscal Agent in the future (due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to serve, the following procedures for selection of a new Fiscal Agent shall be followed.
C. Selection. Any PARTY willing to serve as the Fiscal Agent may be nominated by another PARTY. The nominated PARTY(IES) will submit a letter proposal to the IC containing the costs for performing the services of the Fiscal Agent including all employee and overhead costs and all proposed expenses. If the same PARTY is also already serving, or is proposing to serve, as the Administrator, the Contracting Agent, or both, the proposed costs to perform each function shall be separately specified.
The IC will hold discussions with representatives of the nominated PARTY(IES) as needed. The recommendation of the IC will be forwarded to the Commission for approval. Upon receipt of Commission approval, the Contracting Agent will execute an agreement with the new Fiscal Agent that includes the approved costs for the PARTY to provide Fiscal Agent services for the upcoming fiscal year.
D. Payment For Services. The Fiscal Agent shall provide the Administrator with proposed costs to perform the duties of TAC Fiscal Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment 2. If the Fiscal Agent is also serving as the Administrator, the Contracting 5/ 6/ 13 12
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Agent, or both, the proposed costs to perform each function shall be separately specified. The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs the Chair of the IC and the Administrator will meet with the Fiscal Agent concerning the issues. Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Contracting Agent will prepare an agreement to be signed by the Fiscal Agent and the Contracting Agent to perform services for the new fiscal year. In the event that the Contracting Agent and the Fiscal Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Fiscal Agent and the (separate) designated employee of the PARTY serving as the Contracting Agent.
E. Quarterly and Annual Budget Status. The Fiscal Agent shall prepare and submit quarterly budget updates to the IC every three (3) months, and shall provide a Year -End Budget Report. These reports shall be formatted in a clear and concise manner such that all expenditures, revenues, movement of monies, reallocation of funds and adjustments to the budget are detailed by project and line item (i. e. numerical reference and narrative description). The Year -End Budget Report shall be submitted to the IC on or before October 31 each year. The IC may, at any time, request additional budget information, detail, documentation and updates. The Fiscal Agent shall respond promptly to all such requests.
F. Biennial Audit. The Fiscal Agent shall arrange for an audit by an independent third party Certified Public Accounting Firm ( CPA) to be conducted every other year beginning with an audit of the 2013114 fiscal year. The Fiscal Agent may utilize the CPA firm retained by the jurisdiction of which the Fiscal Agent is a part, to perform that PARTY's annual audit. In such event, the results of the audit of the County -wide Funds and accounts shall be clearly and separately called out in the CPA's audit report. The results of the audit shall be reported to the IC on or before January 15 every other year.
G. Evaluation of the Fiscal Agent. Each year the Fiscal Agent shall prepare a self - evaluation, along with the Year -End Budget Report, for submittal to the IC. The self - evaluation will include a description of key work tasks performed, any duties or tasks not completed, and any non - planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Fiscal Agent. The self - evaluation shall be submitted at the same time as the Year -End Budget Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Fiscal Agent based upon the ability of the Fiscal Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Fiscal Agent. This feedback will be used by the Fiscal Agent to make any required changes in operations and procedures and /or work tasks for the next fiscal year. In addition to the annual review of the Fiscal Agent, the IC may, at any time, discuss questions, concerns or issues of 5/ 6/ 13 13
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performance with the designated representative of the Fiscal Agent.
X. CONTRACTING AGENT
A. Duties. The Contracting Agent executes contracts with Outside Contractors, including the Administrator and the Fiscal Agent (where applicable) that have been requested and approved by the IC. The Contracting Agent consults with the IC to establish a procurement process for Outside Contractors, and then conducts that process once the IC has approved a scope of work, schedule, budget and other parameters of the contract that will be awarded by the Contracting Agent. The Contracting Agent shall conduct the procurement process and execute all contracts within a reasonable period of time after being directed to do so by the IC. The Contracting Agent shall provide a copy of any contract executed on behalf of the TAC to any PARTY, any TAC member, and to any PARTY or person designated by any PARTY or the IC upon request. The governing body of the Contracting Agent, at its discretion, may delegate authority to execute agreements and contracts approved by the IC to a designated employee. Notice of any such delegation of authority shall be provided in writing to the Chair of the IC and to the Administrator.
In the event the Contracting Agent is not also the Fiscal Agent, the Contracting Agent shall receive County -wide Funds transferred to the Contracting Agent by the Fiscal Agent on a periodic basis as described in Attachment 5. The Contracting Agent shall manage all County -wide Funds in accordance with generally accepted government accounting procedures. The Contracting Agent shall keep County -wide Funds segregated from all other funds administered by the Contracting Agent in separately numbered and coded accounts that are readily identifiable as County -wide Funds, and shall not expend, use or transfer any funds except as specifically directed by the IC. At the close of the fiscal year, the Contracting Agent shall, pursuant to the procedures in Attachment 5, comply with all directions from the IC with regard to retention of funds for contracts with Outside Contractors that are still in effect, and with regard to return of unexpended or unencumbered funds to the Fiscal Agent. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.
B. Initial Contracting Agent. The initial Contracting Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Contracting Agent in the future (due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to serve, the procedures for selection of a new Contracting Agent shall be the same as those for selection of a Fiscal Agent as described in Section IX C.
C. Payment For Services. The Contracting Agent shall provide the Administrator with proposed costs to perform the duties of TAC Contracting Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment 2. If the Contracting Agent is also serving as the Administrator, the Fiscal Agent, or both, the proposed costs to perform each function shall be separately 5/ 6/ 13 14 Page 42
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specified. The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs the Chair of the IC and the Administrator will meet with the Contracting Agent concerning the issues. Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Administrator will prepare an agreement to be signed by the Contracting Agent and the Administrator to perform services for the new fiscal year. In the event that the Administrator and the Contracting Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Contracting Agent and the ( separate) designated employee of the PARTY serving as the Administrator.
D. Annual Contract Status Report. The Contracting Agent shall prepare and submit an annual report to the IC on the status of all contracts (listing all contracts in progress, expired, terminated, and the amount of work and budget remaining in each) on or before October 31 each year. The report shall also note the amount of Countywide Funds held by the Contracting Agent, and specify the amount(s) of funds encumbered for contracts, and the amount(s) of funds that are unspent and unencumbered. The IC may, at anytime, request additional information, detail, documentation and updates on any or all contracts. The Contracting Agent shall respond promptly to all such requests.
E. Audits. The Contracting Agent shall cooperate with and provide all information and documentation required in order to complete the bi- annual audit described in Section IX F. In the event the IC decides that any actions or activities of the Contracting Agent are not in compliance with this Agreement, or if the IC determines there are other reasons for an audit to be performed, the IC may perform an audit of the County -wide Funds received and expended by the Contracting Agent. In such event the Contracting Agent shall cooperate fully, and in a timely manner, with persons performing the audit.
F. Evaluation of the Contracting Agent. Each year the Contracting Agent shall prepare a self - evaluation, along with the Annual Contract Status Report, for submittal to the IC. The self - evaluation will include a description of key work tasks performed, any duties or tasks not completed, and any non - planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Contracting Agent. The self - evaluation shall be submitted at the same time as the Annual Contract Status Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Contracting Agent based upon the ability of the Contracting Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Contracting Agent. This feedback will be used by the Contracting Agent to make any required changes in operations and procedures for the next fiscal year. In addition to the annual review of the Contracting Agent, the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Contracting Agent. 5/ 6/ 13 15
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XI. LEGAL COUNSEL
A. Selection. The IC may select an attorney or firm that is experienced in solid waste, recycling and municipal law to research legal issues, proposed legislation, and to provide legal advice to the TAC ( "Legal Counsel ") as provided for in the Commission - approved Annual Workplan and Budget. Legal Counsel may be a City Attorney or County Counsel ( i. e. an employee of one of the PARTIES) or may be an outside attorney or law firm. The IC will interview and select Legal Counsel as needed, and direct the Contracting Agent to prepare a contract with Legal Counsel for the provision of legal services. The IC shall direct the work of Legal Counsel. The Administrator may assist in coordination of activities with Legal Counsel, but shall not give direction without prior authorization from the IC. Legal Counsel shall not be responsible for providing legal advice to individual PARTIES related to their individual compliance with Public Resources Code Section 40000 et. seq but may provide such services under separate contract with any PARTY or PARTIES.
XII. OTHER AGREEMENTS OF THE PARTIES
A. Term of Agreement. The term of this Agreement shall commence on the date the last duly authorized representative of the PARTIES executes it. This Agreement shall remain in effect until terminated by the PARTIES or until eight (8) or more PARTIES containing more than fifty percent (50 %) of the population of the incorporated and unincorporated areas of County of Santa Clara withdraw from the Agreement, whichever occurs first. A PARTY may withdraw from the Agreement by providing written notice to the Administrator, stating the effective date of the PARTY'S withdrawal. The withdrawal of a PARTY shall not entitle that PARTY to receive or retain any portion of the SWPF.
B. Ethical Code of Conduct. All TAC members and Alternates shall adhere to the Ethical Code of Conduct in Attachment 4. All TAC members and Alternates shall attend a TAC- sponsored ethics training every other year beginning in FY 2013/ 14.
The Administrator shall arrange for this training and include the cost in the Annual Workplan and Budget for each year the training is required to be conducted.
C. Counterparts. This Agreement may be executed and delivered in any number of copies ( "counterparts ") by the PARTIES, including by means of facsimile and e -mail of PDF copies. When each PARTY has signed and delivered at least one counterpart to the Administrator, each counterpart shall be deemed an original, and taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto.
D. Non - Compliance With State and Federal Laws. No PARTY shall, by entering into this Agreement, participating in the TAC or the IC, or agreeing to serve as Administrator, Fiscal Agent, Contracting Agent, and /or Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of state and federal solid waste and recycling laws, including but not limited to, the California Integrated Waste Management Act of 1989 as amended 5/ 6/ 13 16
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Public Resources Code Section 400000 et seq). This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed for the benefit of any third party and may not be enforced by any third party, including, but not limited to, the United States Environmental Protection Agency and the California Department of Resources, Recycling and Recovery, or any person acting on their behalf or in their stead.
E. Indemnification. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY, or by the Santa Clara Valley Water District in carrying out its duties under Section VI. Implementation Committee shall not be shared pro rata, but instead the PARTIES agree that pursuant to Government Code Section 895.4, each of the PARTIES hereto shall fully defend, indemnify and hold harmless each of the other PARTIES, and the Santa Clara Valley Water District in the carrying out of its duties under Section VI. Implementation Committee, from any claim, expense or cost, damage or liability imposed for injury ( as defined by Government Code Section 810. 8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying PARTY, its officers agents or employees, or in connection with or arising from any work, authority or jurisdiction delegated to such PARTY under this Agreement. No PARTY, nor any officer, board member, employee or agent thereof, shall be responsible for any damage or liability incurred by reason of the negligent acts or omissions or willful misconduct of the other PARTIES hereto, their officers, board members, employees or agents under or in connection with or arising from any work, authority or jurisdiction delegated to such PARTY under this Agreement.
F. Entire Agreement. This Agreement supersedes any prior arrangement or agreement among the PARTIES regarding the composition, structure, duties and powers of the TAC including but not limited to the TAC Rules of Procedure dated May 22, 2006, but does not supersede any other agreements between any of the PARTIES.
G. Amendments. This Agreement may be amended by unanimous written agreement of the PARTIES. All PARTIES agree to bring any proposed amendments to this Agreement to their Council or Board, as applicable, within three (3) months following acceptance by the IC. The IC shall, on a biennial basis, evaluate this Agreement and determine if any amendments are needed. The first biennial evaluation shall be in 2015. The IC may recommend amendments on a more frequent basis if desired.
H. Venue. In the event that suit shall be brought by any PARTY to this Agreement, the PARTIES agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California.
I. Attachments. Attachments 1 through 5 are attached hereto and incorporated 5/ 6/ 13 17
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herein by this reference.
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IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.
COUNTY OF SANTA CLARA, a public entity of the State of California Date:
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TAC MEMORANDUM OF AGREEMENT
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TAC MEMORANDUM OF AGREEMENT
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TAC MEMORANDUM OF AGREEMENT
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INITIAL STAFFING OF ADMINISTRATOR
The following is the initial staff complement for the Administrator:
Staff Person % FTE Committed % FTE Committed
To Administrator To County
Duties Unincorporated
Duties
Elizabeth Constantino, Program Manager II 0. 82 FTE 0. 18 FTE Provides oversight of all Annual Workplan
Tasks and all functions of the Administrator.
Lisa Rose, Senior Management Analyst 0.87 FTE 0. 13 FTE Coordinates the Green Business Program,
Serves as staff to the Commission, and
performs various other duties..
Clifton Chew, Management Analyst 0. 80 FTE 0. 20 FTE
Serves as staff to the TAC, prepares state
Reporting and DRS, and performs various
other duties.
Zachary Devine, Management Analyst 0.67 FTE 0. 33 FTE
Contracts monitoring, budget tracking,
Outreach Specialist, and various other
duties.
Sue Sherrin, Associate Management 0. 98 FTE 0. 02 FTE
Analyst B, Green Business Specialist
Sarah Smith, Management Analyst 1. 0 FTE 0. 00 FTE
Home Composting Education Program
Coordinator
Joanna Chapa, Office Specialist III 0. 94 FTE 0. 06 FTE 5/ 6/ 13 24
TAC MEMORANDUM OF AGREEMENT
ATTACHMENT
SELECTION PROCESS FOR THE ADMINISTRATOR
1. Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. As part of the selection process, the potential candidate( s) shall submit a proposal to the IC for providing Administrator services.
The proposal shall include: a detailed scope of work for the upcoming fiscal year, detailed costs and work hours for the completion of each task, and a list of the employees proposed to perform each part of the Annual Workplan, as well as the administrative and management duties of the Administrator. The proposal shall also include a resume and description of the education, experience and expertise of each proposed staff member highlighting experience in solid waste management, recycling, diversion programs, producer responsibility, public education and outreach, legislative analysis, budgeting, public sector management, administration and policy development. It is of great importance that each member of the Administrator staff possess a high level of experience and expertise in the listed areas. The proposal shall designate the duties and activities to be carried out by each employee. The IC will review the proposal( s) and conduct interview(s) with the potential Administrator(s). The IC will select an Administrator and recommend approval to the Commission.
2. Change in Administrator Staff. In the event any member of the Administrator's staff is unable or unavailable to serve in the capacity indicated in the original proposal, the IC shall work with the Administrator to determine if an acceptable alternate staff member is available. This shall include, if desired by the IC, having representatives from the IC participate in the selection process for the alternate staff person; review the resumes, references and writing samples of proposed candidates; attend and participate in interviews; and provide input to the decision - making process for selection of the proposed alternate staff member. If the proposed alternate staff person is not acceptable to the IC, and the IC determines that the employee who is unavailable is a key employee, the IC may give written notice to the Administrator that the TAC will seek another Administrator, and the IC may recommend to the Commission that the selection process for a new Administrator be commenced.
Upon receipt of Commission approval, the IC will begin that process. The Administrator shall serve until such time as either a replacement Administrator is selected and approved by the Commission, or ( if the Administrator is not a PARTY) until the current contract for the services of the Administrator expires, whichever occurs first. In the IC' s sole discretion, the services of the Administrator may be terminated prior to the selection of a new Administrator. In the event the Administrator is not a PARTY, an early termination clause shall be placed in the contract with the Administrator for use by the IC in the event a key staff person becomes unavailable.
3. Key Employee. A " key employee" includes, but is not limited to, any one of the following:
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a. An employee who is performing twenty percent ( 20 %) or more of the work hours in the Annual Workplan.
b. An employee whose work tasks require a high level of technical expertise and experience in recycling, solid and/ or hazardous waste management programs and practices.
c. An employee whose work tasks require a high level of professional judgment that is the product of numerous years of experience in recycling, solid and hazardous waste management, and /or in work for public agencies, d. An employee whose work tasks involve a high level of interaction with the public ( e. g. in trainings, liaison with businesses or non - profit organizations, etc.).
e. An employee whose work tasks involve presentations or testimony to public agencies ( e.g. City Councils, the Board of Supervisors) and /or community organizations ( e. g. service organizations, community groups, homeowner's associations, etc.).
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ATTACHMENT
ELEMENTS TO BE CONTAINED IN THE ANNUAL WORKPLAN AND BUDGET
1. Scope of Work. The proposed Annual Workplan and Budget will contain a detailed scope of work for each proposed task, the employee work hours estimated to complete each task, the name(s) of the specific employees that will perform the work for each task, the cost of the work hours for each task, all proposed overhead costs for the Administrator and all other projected costs. If the Administrator is a public agency, the costs may be shown as a percentage of each Full Time Equivalent FTE) and the cost therefor, as long as the position ( such as ` Analyst I') and the name of the employee filling that position are indicated, along with the fully burdened cost of the specified percentage of each FTE. The proposed Annual Workplan shall contain a list of key milestones for each task.
2. Administrative Tasks. The Workplan shall include a task for providing administrative support for the TAC including work hours to prepare meeting agendas, to schedule meetings, attend meetings, prepare minutes and correspondence, and carry out the direction of the TAC and all Committees and Subcommittees. The Workplan shall also include a separate task for providing administrative support to the Commission including work hours to prepare agendas, attend Commission meetings, prepare minutes, and carry out the direction of the Commission, its Committees and Subcommittees.
3. Other Staff Commitments. The proposed Workplan will contain a listing of the other duties and responsibilities of each assigned employee ( other than the work to be performed as Administrator for the TAC and the Commission) including the work hours and a general description of the key tasks and projects to be performed. This will serve as a cross -check ( regardless of whether the Administrator is a public agency or a private firm) to ensure that the time of each employee is not overcommitted, and that sufficient time exists for each employee to complete all their assigned tasks.
4. Fiscal Agent and Contracting Agent Costs. The Administrator shall consult with the Fiscal Agent and with the Contracting Agent ( in the event they are separate PARTIES) and shall incorporate the proposed costs for the services of each into the proposed Workplan and Budget. Such costs shall be clearly and separately identified for each function ( and identified separately from those of the Administrator) and shall include the costs for employee time, expenses ( such as bank fees), overhead charges and all other proposed costs.
5. Cost Detail For Comparison. The budget shall be formatted in a clear and concise manner such that all projected expenditures and revenues are detailed by project and line item. The proposed Workplan and Budget shall contain sufficient detail 5/ 6/ 13 27
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about proposed work hours and costs such that a comparison can be made between the proposed costs for the current Administrator, the current Fiscal Agent and the current Contracting Agent, and other potential providers of these services.
6. Projected Amount of Fund Transfer From Fiscal Agent to Contracting Agent. In the event the Fiscal Agent and the Contracting Agent are different PARTIES, the budget shall include the projected amount of funds to be transferred from the Fiscal Agent to the Contracting Agent in order to pay for contracts with Outside Contractors that will be awarded by the Contracting Agent in the upcoming year. Such projections shall take into account all funds currently held by the Contracting Agent if any) and the amount of such funds already encumbered for contracts in progress.
The projection shall be accompanied by a recommendation as to the frequency of fund transfers from the Fiscal Agent to the Contracting Agent that will be required to fund contracts awarded by the Contracting Agent for the upcoming year (e. g. annual one -time transfer of funds, quarterly transfer of funds, or other recommended timing.)
7. Discussion Concerning Potential Conflicts. Once the initial draft of the proposed Annual Workplan is prepared, the IC Chair, the Administrator, the Fiscal Agent and the Contracting Agent shall meet to review and discuss the Workplan and shall work cooperatively to identify and address any potential conflicts that could arise with regard to policies of the Administrator, the Fiscal Agent or the Contracting Agent.
Examples include proposed sale of recycling containers or other goods at less than the purchase price ( i. e. subsidized cost of compost bins for the home composting program); provision of recycling grants, prizes, incentives; and other such items. At the direction of the IC Chair, the Administrator shall further investigate any potential conflicts that have been identified, and shall, in consultation with the Fiscal Agent and the Contracting Agent, research and propose solutions for each. If solutions cannot be found, the issue may be presented to the IC for further consideration and /or the IC Chair may direct the Administrator to revise the Workplan and Budget to remove the items creating the potential conflict. In this event the IC Chair will inform the IC of such action when the Annual Workplan and Budget are considered for approval.
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ATTACHMENT 4
CODE OF ETHICAL CONDUCT
1. Members shall strive to conduct all meetings, discussions and deliberations in a spirit of collaboration and partnership. Members shall treat all persons with respect and courtesy. In the course of discussions, members shall make their arguments on the merits of the issue rather than engaging in personal remarks or attacks on persons holding positions other than their own.
2. All members shall remain aware that the activities of the TAC are funded by fees raised from the public; and that the TAC is recommending expenditures of public funds. Members shall act prudently and in the best interest of the public when making fiscal and policy decisions.
3. Members shall voluntarily recuse themselves from all discussions and votes, and shall refrain from expressing any opinion to other members on issues where any one of the following apply:
a. The member holds a financial interest such that the member could financially benefit from the action or issue being considered. b. The member is an owner or investor of a business the TAC is considering doing business with.
c. The member owns land that is being considered for purchase or lease by the TAC or by any program funded by the TAC.
d. A charity, community group or non - governmental organization to which the member belongs or contributes funds would receive funds from the TAC for projects or services.
e. A person in the member's family could benefit financially from the action or issue being considered. Family includes the members' spouse, children, step - children, grandchildren and step - grandchildren, as well as siblings and parents of the member and the member's spouse.
4. A member recusing themselves shall mean (a) announcing the member has a conflict of interest when the item is opened for discussion, ( b) leaving the meeting room before discussion on the matter commences, and ( c) not returning to the room until after discussion and any vote on the matter is concluded.
5. Members shall periodically conduct a self- assessment and inventory of any potential conflicts of interest they may have and, if the member is unsure whether or not a conflict exists, the member shall discuss the issue with the TAC Chair, the Administrator, TAC Legal Counsel or legal counsel for the member' s own agency.
6. In the event a member fails to recuse him or her self during discussion of an issue where the member appears to have a conflict of interest, the Chair of the meeting shall ask the member to recuse him or her self and shall halt discussion about the issue until the member has left the room. 5/ 6/ 13 29 Page 57
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7. Members shall not engage in financial transactions using non - public information nor allow the improper use of such information to further any personal or private interest.
8. Members shall not solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the TAC, or whose interests may be substantially affected by actions of the TAC. Gifts do not include coffee, tea, donuts, discounts available to the general public, greeting cards or plaques of minor intrinsic value. It is appropriate and prudent for members to decline even items of minor intrinsic value from sources described in this section.
9. Members shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the TAC to take any type of action or to approve any contract, program or other commitment.
10. Members shall not use their membership on the TAC for private gain.
11. Members shall always act impartially and objectively and not give preferential treatment to any organization or individual.
12. Members shall not seek or accept any contract to provide services to the TAC for a period of at least six (6) months after termination of their membership on the TAC.
13. Members shall adhere to, and be vigilant that the TAC adheres to, all applicable state, federal and local laws and regulations.
14.All members shall participate in a TAC- sponsored Ethics Training biennially.
15. Members shall endeavor to avoid any actions or statements that violate, or that create the appearance that they are violating, the law or any ethical standards set forth in this Attachment.
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ATTACHMENT
PROCEDURES FOR TRANSFER OF COUNTY -WIDE FUNDS FROM FISCAL
AGENT TO CONTRACTING AGENT
The following procedures shall be used in the event the Fiscal Agent and the Contracting Agent are different PARTIES.
1. As part of its review and approval of the Annual Workplan and Budget, the IC shall establish the amount of funds and the schedule for transfer of funds from the Fiscal Agent to the Contracting Agent for the upcoming fiscal year.
2. Upon approval of the Annual Workplan and Budget by the Commission, the IC may take appropriate actions consistent with the Annual Workplan and Budget, including but not limited to, the following:
A. Direct the Fiscal Agent to transfer specific amount(s) of County -wide Funds to the Contracting Agent on a specified schedule. The schedule may call for annual, quarterly, or more frequent transfers, as needed for the fiscal year.
B. Adjust the timing and/ or the amount(s) of funds to be transferred by the Fiscal Agent to the Contracting agent if circumstances change during the year, or if there are other reasons to do so.
C. In the event the IC directs a change in the scope of work for an existing Outside Contractor that will increase the cost of the work, the IC may direct the Fiscal Agent to transfer additional funds to the Contracting Agent to pay for the amended scope of work.
3. In the event the Fiscal Agent is also serving as the Administrator, the IC shall direct the Fiscal Agent to transfer funds to the Contracting Agent for payment of the Administrator.
The Contracting Agent shall pay the Administrator pursuant to the contract executed between the Contracting Agent and the Administrator.
4. If a single PARTY is serving as the Fiscal Agent and the Contracting Agent, the IC may direct that PARTY to retain a specified amount of County -wide Funds to pay the PARTY for performing the services of Fiscal Agent and Contracting Agent.
5. In the event a single PARTY is serving as the Fiscal Agent, the Administrator and the Contracting Agent, the IC will direct the PARTY to implement the Annual Workplan and Budget as approved by the IC and the Commission. This includes paying the costs specified in the approved Budget for the PARTY performing the duties of the Administrator, the Fiscal Agent and the Contracting Agent, as well as carrying out the duties of each.
6. If the Contracting Agent is, at any time, running out of funds or projects a shortfall in funds due to changed conditions or circumstances, the Contracting Agent shall immediately inform the IC and the Fiscal Agent and proceed according to the directions of the IC.
7. When making transfers of funds to the Contracting Agent, the Fiscal Agent shall make the required arrangements for an electronic transfer of funds or for preparation of a check made payable to the Contracting Agent.
8. If the Contracting Agent does not receive funds from the Fiscal Agent pursuant to the schedule directed by the IC, the Contracting Agent shall promptly inform the 5/ 6/ 13 31
TAC MEMORANDUM OF AGREEMENT
Fiscal Agent and the Fiscal Agent shall promptly arrange for the funds to be transferred.
9. At the end of the fiscal year the IC will review the Year End Contract Status Report from the Contracting Agent, the Year -End Budget Report from the Fiscal Agent, and the Year -End Report from the Administrator. The IC may direct the Contracting Agent to transfer unspent, unencumbered funds to the Fiscal Agent or to retain such funds for use in the following fiscal year. The Contracting Agent will promptly comply with the directions of the IC.
10. If the IC directs the Contracting Agent to transfer unspent funds to the Fiscal Agent, the Fiscal Agent shall acknowledge receipt of such funds to the Contracting Agent and shall note the transfer in the accounting records of the Fiscal Agent pursuant to generally accepted government accounting procedures. 5/ 6/ 13 32
tows of MEETING DATE: 06/ 17/ 13
ITEM NO:
eos ca
os. COUNCIL AGENDA REPORT
DATE: JUNE 5, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT A RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING
THE TOWN MANAGER TO EXECUTE A MEMORANDUM OF
AGREEMENT FOR THE SANTA CLARA COUNTY RECYCLING AND
WASTE REDUCTION COMMISSION TECHNICAL ADVISORY
COMMITTEE
RECOMMENDATION:
Adopt a resolution of the Town of Los Gatos authorizing the Town Manager to execute a Memorandum of Agreement for the Santa Clara County Recycling and Waste Reduction Commission Technical Advisory Committee.
BACKGROUND:
Countywide coordination of mandated and discretionary recycling and solid waste planning, collection and disposal services is provided by the Santa Clara County Recycling and Waste Reduction Commission (RWRC). The RWRC, chartered by the Board of Supervisors, is made up of elected officials representing cities, the County of Santa Clara, and the Santa Clara Valley Water District. The Santa Clara County Cities Association appoints a RWRC member to represent the West Valley communities of Los Gatos, Campbell, Saratoga and Monte Sereno.
The current West Valley cities representative is Town of Los Gatos Councilmember Diane McNutt.
A Technical Advisory Committee (TAC) advises the Commission. The TAC is made up of city and town representatives, the County, and representatives of the solid waste industry, recyclers, San Jose State University and environmental organizations. Los Gatos is represented on the TAC by Marva Sheehan from the firm of HF &H, which currently provides Executive Director services to the West Valley Solid Waste Management Authority. Ms. Sheehan also represents the cities of Monte Sereno, Campbell and Saratoga on the TAC.
PREPARED BY: TODD CAPURSO
Director ofParks and Public Works
Reviewed by: _ Assistant Town Manager Town Attorney Finance
First Amendment to MOA revised 7-18-23 Page 1 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
FIRST AMENDMENT TO AGREEMENT
CREATING THE SANTA CLARA COUNTY
RECYCLING AND WASTE REDUCTION
TECHNICAL ADVISORY COMMITTEE
This FIRST AMENDMENT (“FIRST AMENDMENT”) TO AGREEMENT CREATING THE SANTA
CLARA COUNTY RECYCLING AND WASTE REDUCTION TECHNICAL ADVISORY COMMITTEE (“AGREEMENT”) is entered into and becomes effective on ______________________ (“Effective Date”), by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF GILROY, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MORGAN HILL, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a chartered municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California.
All the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY."
RECITALS
WHEREAS, PARTIES entered into the AGREEMENT creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (“TAC”);
WHEREAS, pursuant to “Section III, Paragraph C. Attendance From A Remote Location” of the AGREEMENT, member participation in TAC’s meetings virtually through teleconference technology was strongly discouraged;
WHEREAS, starting in December 2020, pursuant to the first state of emergency teleconferencing procedures and subsequently AB 361, PARTIES were routinely meeting virtually through teleconference technology, which continues to support robust participation and communication; and WHEREAS, PARTIES wish to enter into this FIRST AMENDMENT to revise the language in “Section III, Paragraph C. Attendance From A Remote Location” of the AGREEMENT to remove any indication that participation in TAC meetings virtually through teleconference technology is prohibited or strongly discouraged and allow members to participate in TAC meetings by utilizing teleconference technology, pursuant to the teleconferencing provisions in the Ralph M. Brown Act (Government Code Section 54953(b)) (“Brown Act”).
FIRST AMENDMENT
NOW, THEREFORE, it is agreed among the PARTIES to incorporate the above Recitals hereto, and that the AGREEMENT is hereby amended as follows:
1. Amendment. All terms and conditions of the AGREEMENT, as attached hereto and incorporated ATTACHMENT 2
First Amendment to MOA revised 7-18-23 Page 2 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
herein as Exhibit “1” shall remain in full force and effect except that the following amendment shall be made as set forth below. “Section III, Paragraph C. Attendance From A Remote Location” shall be amended and replaced in its entirety by the following:
“C. Satellite and Auxiliary Teleconferencing Attendance in Meetings.
1. Definitions:
Satellite Locations: Satellite Locations are defined in paragraph 2 below and include designated locations that will be determined in advance by the TAC in consultation with the Administrator.
Auxiliary Locations: Auxiliary Locations are defined in paragraph 3 below and do not include previously designated Satellite Locations and must be approved in advance by the Administrator.
2. Satellite Locations. Meetings of the TAC may be held via video teleconference from multiple Satellite Locations located within Santa Clara County. Each designated Satellite Location will be open to the public, and public comment may be made from all Satellite Locations. The TAC shall comply with all Brown Act teleconferencing requirements, including but not limited to, requiring a quorum of the TAC to participate from Satellite Locations within the TAC’s jurisdiction, posting the agendas at all Satellite Locations, and posting the members’ Satellite Location on the notice and agenda. Satellite Locations, including number and location, shall be determined by the TAC in consultation with the Administrator.
3 Auxiliary Teleconference Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from an Auxiliary Teleconference Location not previously designated as a Satellite Location via teleconferencing technology, provided that an Auxiliary Teleconference Location meeting room or rooms comply with all Brown Act teleconferencing requirements, including, but not limited to, the ability to connect the Auxiliary Teleconference Location to the other locations where TAC members are meeting and the ability for the public to address the TAC directly. The Auxiliary Teleconference Location will be open to the public, and public comment may be made from the separate Auxiliary Teleconference Locations. The agenda shall be posted at each Auxiliary Teleconference Location, and the agenda will include the member’s separate Auxiliary Teleconference Location on the notice and agenda. The member shall comply with all Brown Act teleconferencing requirements.
In such event, the member will notify the Administrator at least seven (7) days in advance of the meeting and request to attend from an Auxiliary Teleconference Location. The Administrator will advise the member if attendance from the Auxiliary Teleconference Location is permissible. If attendance from the Auxiliary Teleconference Location is permissible, the Administrator will comply with all Brown Act teleconferencing requirements, including but not limited to, requiring a quorum of the TAC to participate from teleconferencing locations within the TAC’s jurisdiction.
The member shall be responsible for posting of the agenda and public access at the Auxiliary Teleconference Location.
First Amendment to MOA revised 7-18-23 Page 3 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
A member who attends a meeting from a separate Auxiliary Teleconference Location outside the jurisdiction of Santa Clara County will not be included in the count to determine a quorum; however, the member's vote will be counted. A member who attends a meeting from a separate Auxiliary Teleconference Location within the jurisdiction of Santa Clara County shall be included in the count to determine the quorum.
Attendance from an Auxiliary Teleconference Location is to be used only in rare cases of unavoidable schedule conflicts. In person and Satellite Location attendance at meetings is strongly preferred and encouraged.
2. Except as amended by this FIRST AMENDMENT, all other applicable terms and conditions of the original Agreement and attachments shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.
3. The unenforceability, invalidity or illegality of any provision(s) of this FIRST AMENDMENT shall not render the other provisions unenforceable, invalid or illegal.
4. The PARTIES may execute this FIRST AMENDMENT in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. The parties agree that an electronic copy of a signed agreement, or an electronically signed agreement, has the same force and legal effect as an agreement executed with an original ink signature. The term “electronic copy of a signed agreement” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed agreement in a portable document format. The term “electronically signed agreement” means an agreement that is executed by applying a verified electronic signature using technology approved by the County.
5. The signatories to this FIRST AMENDMENT warrant and represent that each is authorized to execute this FIRST AMENDMENT and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this FIRST AMENDMENT.
6. This FIRST AMENDMENT is authorized by Article XII, Section G, of the AGREEMENT, which provides that the AGREEMENT may be amended by unanimous written agreement of the PARTIES.
[SIGNATURES ON FOLLOWING PAGE]
First Amendment to MOA revised 7-18-23 Page 4 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
IN WITNESS WHEREOF, the PARTIES have executed this FIRST AMENDMENT effective as of the date first written above.
COUNTY OF SANTA CLARA, a political subdivision of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ President, Board of Supervisors Deputy County Counsel
CITY OF CAMPBELL, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF CUPERTINO, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF GILROY, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF LOS ALTOS, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager Town Attorney
First Amendment to MOA revised 7-18-23 Page 5 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
TOWN OF LOS GATOS, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager Town Attorney
CITY OF MILPITAS, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF MONTE SERENO, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF MORGAN HILL, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF PALO ALTO, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
First Amendment to MOA revised 7-18-23 Page 6 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
CITY OF SAN JOSE, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF SANTA CLARA, a chartered municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF SARATOGA, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF SUNNYVALE, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
PREPARED BY: Jim Harbin
Superintendent
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/19/2023
ITEM NO: 5
DATE: September 6, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Actions Related to Police Vehicles:
a. Authorize the Town Manager to Execute a Purchase Order with Lehr to Fit Up Three Police Vehicles in an Amount not to Exceed $66,615; and b. Authorize an Expenditure Budget Adjustment in and Amount of $66,615 from the Available Equipment Replacement Fund
RECOMMENDATION:
Actions related to Police Vehicles:
a. Authorize the Town Manager to execute a purchase order with Lehr to fit up three police vehicles in an amount not to exceed $66,615 (Attachment 1). b. Authorize an expenditure budget adjustment in an amount of $66,615 from the available Equipment Replacement Fund.
BACKGROUND:
The Town’s Equipment Replacement Fund provides funding for the replacement of vehicles that meet certain replacement criteria. The Town amortizes a vehicle’s replacement cost over its forecasted life and sets funds aside on an annual basis to ensure the Equipment Replacement Fund has sufficient resources for the timely replacement of vehicles.
Fleet vehicle replacement purchases are reviewed annually through the Operating Budget development process. Three Police Department vehicle assets were recommended for replacement and funded in the Fiscal Year (FY) 2022/23 Operating Budget. The replacement funding includes both the purchase of the vehicle and the “fit-up” of the vehicle to meet the specialized needs of the end user.
PAGE 2 OF 2
SUBJECT: Authorize the Town Manager to Execute a Purchase Order and Authorize a Expenditure Budget Adjustment in an Amount of $66,615
DATE: September 6, 2023
DISCUSSION:
Three vehicles (two 2023 Chevy Tahoes and one Honda Accord) were purchased before June 30, 2023, but fit up was not completed before the end of the fiscal year. Since the fit-up of these three vehicles was budgeted in FY 2022/23, it was not budgeted for in FY 2023/24, necessitating this request for funding.
It is common practice to procure the vehicles from a traditional dealer and then send them for specialized fit up. Lehr is a California-based supplier and installer of emergency vehicle equipment, with nearby facilities in Hollister and Pittsburg. Their particular expertise is in fit up for police vehicles. While there are other providers, Lehr is located the closest and is the most experienced. The Town’s purchasing policy authorizes a “single source” purchase without competitive bidding under these circumstances. The single source purchase of these police vehicle fit ups is based on a formal bid recently obtained by the County of Placer, which demonstrates that the Town is receiving the lowest price possible (Attachment 2).
Using the pricing quoted to Placer County, Lehr quoted the Town of Los Gatos a total of $66,615 for the required services.
CONCLUSION:
The requested Council action would allow Parks and Public Works to proceed with preparing the three vehicles for Police Department use. The Equipment Replacement Fund is a dedicated resource for these specific expenses.
COORDINATION:
This memorandum was coordinated with the Town Attorney, Town Manager, and Finance Director.
FISCAL IMPACT:
There are sufficient funds available in the Equipment Replacement Fund for the requested expenditure budget adjustment.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Quotes
2. County of Placer Supplier Contract
Page:
Sales Quote
1 Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
Placer County Contract # SCN105300
_____________________________________
Front End Equipment
_____________________________________
BK2019TAH21 PB450L4 ALUM BUMPER ION Setina 1 839.25 839.25 TA0021 WIRING HARNESS 2021 TAHOE Patrol Power 1 725.60 725.60 SA315P SIREN SPEAKER 100W Whelen 1 199.99 199.99
SAK1 SPEAKER BRACKET Whelen 1 29.40 29.40
I INSTALLATION CHARGES Labor Items 8 115.00 920.00
_____________________________________
Side Equipment
_____________________________________
MBCT21 ION MIRROR BEAM 2021+ TAHOE Whelen 1 282.00 282.00 MBI2D MIRROR-BEAM MT ION DUO RED/WHITE Whelen 1 18.00 18.00 MBI2E MIRROR-BEAM MT ION DUO BLUE/WHITE Whelen 1 18.00 18.00 TLI2D ION T-SERIES DUO RED/WHITE Whelen 1 104.99 104.99 TLI2E ION T-SERIES DUO BLUE/WHITE Whelen 1 104.99 104.99
FRONT L/R QUARTER PANELS
I INSTALLATION CHARGES Labor Items 6 115.00 690.00
_____________________________________
Roof Equipment
_____________________________________
EB2DEDE-LEHR WHELEN 54" LEGACY BAR WCX Whelen 1 2,199.00 2,199.00 STPKT101 STRAP KIT SILVERADO 1500 2019-2020 Whelen 1
GPSB-LGPD SHARKEE ANTENNA Panorama 1 455.40 455.40
LGMM-EXT-R LGMM THICK PANEL ANTENNA ADAPTER KIT-UTILITY Panorama 1 36.71 36.71 I INSTALLATION CHARGES Labor Items 3.5 115.00 402.50
Document Date:
Quote Number:
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
41621
Mike McGee
51319
Phone: 800-982-8468
Los Gatos, CA 95030
41 Miles Ave
Nick Turner
Town of Los Gatos
Phone:
Los Gatos, CA 95031
PO Box 655
Nick Turner
Town of Los Gatos
Phone: 925-370-2144 Fax: 925-370-2087
661 Garcia Avenue Pittsburg, CA 94565
6/16/2023
Tax Ident. Type Legal Entity
Vehicle Information:
2023 CHEVROLET TAHOE
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED ATTACHMENT 1
X2
Page:
Sales Quote
2 Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
_____________________________________
Drivers Compartment
_____________________________________
PKG-VSX-1800-TAH-PM1 WIDE VSX CONSOLE W/, LAPTOP MOUNT FOR 2021 CHEV
TAHOE PPV & SSV
Havis 1 1,187.09 1,187.09
C-EB40-CCS-1P FACE PLATE 1 PC 4" Havis 1
C-EB25-XTL-1P FACE PLATE 1 PC 2.5" Havis 1
C-FP-3 FACE PLATE 3" Havis 1
C-FP-2 FACE PLATE 2" Havis 1
C-FP-05 FACE PLATE 1/2" Havis 2
MMSU-1 MAGNETIC MIC KIT Magnetic Mic 1 39.95 39.95
C-HDM-202 POLE,TELE,HDM,8.5"h,W/SHRTHNDL Havis 1 152.00 152.00 C-MD-119 11" SLIDE ARM Havis 1 293.60 293.60
NPN 8810 - BLAC RAC 1088 SINGLE WEAPON LOCK/ELECTRIC Service Items 1 460.25 460.25 GF1092TAH21 T-RAIL FREE STANDING MNT KIT-TAHOE 2021 Setina 1 220.15 220.15 CSM - POLICE RADIO 2 PIECE
CSM - COMPUTER DOCK
CSM - DOCK POWER SUPPLY
RE-USE GUN RACK
I INSTALLATION CHARGES Labor Items 21 115.00 2,415.00
_____________________________________
Prisoner Compartment
_____________________________________
**NONE - SUPERVISOR VEHICLE**
_____________________________________
Back End Equipment
_____________________________________
Document Date:
Quote Number:
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
41621
Mike McGee
51319
Phone: 800-982-8468
Los Gatos, CA 95030
41 Miles Ave
Nick Turner
Town of Los Gatos
Phone:
Los Gatos, CA 95031
PO Box 655
Nick Turner
Town of Los Gatos
Phone: 925-370-2144 Fax: 925-370-2087
661 Garcia Avenue Pittsburg, CA 94565
6/16/2023
Tax Ident. Type Legal Entity
Vehicle Information:
2023 CHEVROLET TAHOE
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED
Page:
Sales Quote
3 Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
NPN INV-CC-3DR-462420 Service Items 1 4,327.00 4,327.00 COMMAND CENTER 46 X 24 20
(1) DRAWER 46 X 24 X 6 MAP/TABLE POWDERCOATED WHITE
BOARD
W/HINGED LEXAN COVER AND DUAL LOCKING SLIDES
(2) DUAL DRAWER MID STORAGES 20 X 8
(1) TV/MONITOR RACK MOUNT
(1) RADIO MOUNTS
ACCESSORY PLUGS MOUNTS
NPN INV-BOX-MK-TAH21 Service Items 1 599.21 599.21
FLOOR REPLACMENT/MOUNT FOR TAHOE
RP-119-AV4.4-12VDC 19" 1U, 1280 x 1024 RACKMOUNT LCD DRAWER WITH AV4.4 SIGNAL INPUT, 12VDC INPUT
Misc Parts 1 1,785.00 1,785.00
PWRINV2000-12W 200 WATT COMPACT SINE INVERTOR Misc Parts 1 683.00 683.00 REMOTEHF ON.OFF SWITCH Misc Parts 1 55.41 55.41
NPN PHIL48-783 Service Items 2 24.00 48.00
NPN INV-RENOGY BATTERY MONITOR Service Items 1 102.50 102.50 NPN 7168K1 - FUSE BLOCK Service Items 1 4.00 4.00
MMSU-1 MAGNETIC MIC KIT Magnetic Mic 2 39.95 79.90
NPN PHIL717425 25FT HDMI Service Items 1 56.00 56.00
NPN PHIL71740 - 10FT HDMI Service Items 1 18.03 18.03
NPN 4906 - 150AMP CIRCUIT BREAKER Service Items 1 35.12 35.12 NPN 5026B - FUSE BLOCK Service Items 1 52.00 52.00
_____________________________________
I2J ION DUO SERIES LINEAR ION RED/BLU-BLK HOUSING Whelen 2 124.99 249.98
LEFT/RIGHT C PILLAR WINDOW
VTX609R VERTEX SUPER-LED LIGHT RED Whelen 2 84.99 169.98
LEFT/RIGHT TAIL LAMP
Document Date:
Quote Number:
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
41621
Mike McGee
51319
Phone: 800-982-8468
Los Gatos, CA 95030
41 Miles Ave
Nick Turner
Town of Los Gatos
Phone:
Los Gatos, CA 95031
PO Box 655
Nick Turner
Town of Los Gatos
Phone: 925-370-2144 Fax: 925-370-2087
661 Garcia Avenue Pittsburg, CA 94565
6/16/2023
Tax Ident. Type Legal Entity
Vehicle Information:
2023 CHEVROLET TAHOE
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED
Page:
Sales Quote
4 Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
VTX609B VERTEX SUPER-LED LIGHT BLUE Whelen 2 84.99 169.98 TLIR ION T-SERIES LINEAR SUPER-LED, RED Whelen 1 99.99 99.99 TLIB ION T-SERIES LINEAR SUPER-LED, BLUE Whelen 1 99.99 99.99
LIFT GATE WHEN OPEN
TIONWEDG MOUNTING WEDGES ION T-SERIES Whelen 2
BS548 INNER EDGE RST WCX 8-LT DUO TAHOE 21-22 Whelen 1
13.20 1,081.80
26.40 1,081.80
60CREGCS 12V WHT/RED 6" COMPARTMENT LT Whelen 2 146.40 292.80 C399 Whelen 1 1,049.00 1,049.00
CCTL7 Whelen 1
C399K6
(2) PER VEHICLE LIFTGATE
CENCOM CORE WCX CONTROL CENTER
WECAN-X 21 BUTTON/SLIDE CONTROL HEAD
OBD II CANPORT KIT TAHOE/SUB 2021 Whelen 1
CEM16 WeCanX 16 OUTPUT EXPANSION MODULE Whelen 1
CV2V VEHICLE-TO-VEHICLE SYNC MODULE Whelen 1
I INSTALLATION CHARGES Labor Items 25 115.00 2,875.00
(25) PER VEHICLE
_____________________________________
HKN6169B 17' CONTROL HEAD CABLE REMOTE XTL RADIO Misc Radio Parts 1 85.67 85.67 HKN4192B USE HKN4192C MAIN POWER CABLE 20' Misc Radio Parts 1 65.26 65.26 HKN6188B POWER CABLE CONTROLHEAD REMOTE MOUNT 20' Misc Radio Parts 1 52.25 52.25 DC-568P-25BLMB 25' CAT6 SNAGLESS CABLE-BLUE IT Misc Parts 2 16.95 33.90 _____________________________________
INSTALL INSTALL MATERIALS Service Items 1 250.00 250.00 F Shipping Charges Service Items 1 500.00 500.00
INV-BOX-TR-CUSTOM BOX, ACCSY, TOP RAIL, CUST SIZE, POLY COATED, TO GO
AROUND EXT OF BOX
Misc Parts 1 295.00 295.00
ACCESSORY TOP RAIL POLY COATED CUT LGPD
29,490.62
2454.58
27,036.04
Total:
Total Sales Tax:
Amount Subject to Sales Tax Subtotal:
26536.04
Amount Exempt from Sales Tax
500.00
Name: __________________________________________________ Auth. Signature: ________________________________________ Agency Approval
PLEASE READ: No returns without approval and an RMA# will be accepted. All shortages, damage, or return claims must be made within 10 days of invoice date. NO EXCEPTIONS. A copy of the invoice and RMA paperwork must be shipped with returns. All return orders or cancellations are subject to a 25% restocking fee plus freight. Any change orders made 60 days prior to the installation date may be subject to a production delay and pricing changes. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Document Date:
Quote Number:
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
41621
Mike McGee
51319
Phone: 800-982-8468
Los Gatos, CA 95030
41 Miles Ave
Nick Turner
Town of Los Gatos
Phone:
Los Gatos, CA 95031
PO Box 655
Nick Turner
Town of Los Gatos
Phone: 925-370-2144 Fax: 925-370-2087
661 Garcia Avenue Pittsburg, CA 94565
6/16/2023
Tax Ident. Type Legal Entity
Vehicle Information:
2023 CHEVROLET TAHOE
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED Cost per Tahoe
Page:
Sales Quote
1 Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
_____________________________________
Front End Equipment
_____________________________________
XI2E ION DUO SER LINEAR-LED LIGHT SMK LENS B/W Whelen 1 124.20 124.20 XI2D ION DUO SER LINEAR-LED LIGHT SMK LENS R/W Whelen 1 124.20 124.20 GRILL
MI0001 GEN 1 MINI HARNESS Patrol Power 1 510.40 510.40
SA315P SIREN SPEAKER 100W Whelen 1 199.99 199.99
I INSTALLATION CHARGES Labor Items 6.5 115.00 747.50
_____________________________________
Roof Equipment
_____________________________________
GPSB MULTI-BAND GPS 2G/3G/4G/WLAN ANTENNA BASE Panorama 1 168.47 168.47 C23F-5F RADIO ADP CABLE FME(ftd) FME(ftd) 5m CS23 CABLE Panorama 1 16.33 16.33 DPX-500-700 DIPLEXER Panorama 1 180.99 180.99
ASFC-155-U2-B1 FLEXI ANTENNA 150-160MHz/450-520MHz/762-800MHz Panorama 1 73.03 73.03 C23F-1MP RADIO ADP CABLE FME(f) MPL(m) 1m CS23 CABLE Panorama 2 15.28 30.56 #C23F-1P
I INSTALLATION CHARGES Labor Items 2 115.00 230.00
_____________________________________
Drivers Compartment
_____________________________________
AVC21RB DUAL AVENGER II SOLO RED/BLU Whelen 1 297.50 297.50 ALPHASL ALPHA REMOTE SIREN Whelen 1 181.20 181.20
ALPHA5 ALPHA 3 POSTION TOGGLE SWITCH Whelen 1 78.60 78.60 MOTOROLA APX8500
I INSTALLATION CHARGES Labor Items 10 115.00 1,150.00
Document Date:
Quote Number:
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
41140
Mike McGee
51319
Phone: 800-982-8468
Los Gatos, CA 95030
41 Miles Ave
Attn: Nick Turner
Town of Los Gatos
Phone: 408-354-6833
USA
Los Gatos, CA 95031
PO Box 655
Town of Los Gatos
Phone: 925-370-2144 Fax: 925-370-2087
661 Garcia Avenue Pittsburg, CA 94565
6/9/2023
Tax Ident. Type Legal Entity
Vehicle Information:
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED Honda Accord
Page:
Sales Quote
2 Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
_____________________________________
Back End Equipment
_____________________________________
N-HDACDN1-19N-HG HONDA ACCORD TRUNKVAULT, HANGING, 2019 Truck Vault 1 1,694.00 1,694.00 I2J ION DUO SERIES LINEAR ION RED/BLU-BLK HOUSING Whelen 1 124.99 124.99
REAR DECK
VTX609R VERTEX SUPER-LED LIGHT RED Whelen 1 84.99 84.99 VTX609B VERTEX SUPER-LED LIGHT BLUE Whelen 1 84.99 84.99 I INSTALLATION CHARGES Labor Items 6 115.00 690.00
_____________________________________
INSTALL INSTALL MATERIALS Service Items 1 145.00 145.00 F Shipping Charges Service Items 1 55.00 55.00
7,633.61
641.67
6,991.94
Total:
Total Sales Tax:
Amount Subject to Sales Tax Subtotal:
6936.94
Amount Exempt from Sales Tax
55.00 Name: __________________________________________________ Auth. Signature: ________________________________________ Agency Approval
PLEASE READ: No returns without approval and an RMA# will be accepted. All shortages, damage, or return claims must be made within 10 days of invoice date. NO EXCEPTIONS. A copy of the invoice and RMA paperwork must be shipped with returns. All return orders or cancellations are subject to a 25% restocking fee plus freight. Any change orders made 60 days prior to the installation date may be subject to a production delay and pricing changes. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Document Date:
Quote Number:
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
41140
Mike McGee
51319
Phone: 800-982-8468
Los Gatos, CA 95030
41 Miles Ave
Attn: Nick Turner
Town of Los Gatos
Phone: 408-354-6833
USA
Los Gatos, CA 95031
PO Box 655
Town of Los Gatos
Phone: 925-370-2144 Fax: 925-370-2087
661 Garcia Avenue Pittsburg, CA 94565
6/9/2023
Tax Ident. Type Legal Entity
Vehicle Information:
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED Honda Accord
County of Placer
Procurement Services Division
2964 Richardson Drive
Auburn, CA 95603
Phone (530) 886-2122
Supplier Contract
Contract Number SCN105300
Contract Reference 97
Contract Start Date 10/01/2022
Contract End Date 09/30/2023
Buyer Javier Terrazas
Phone Number +1 (530) 889.4252 x4252
Email [email protected]
1 Supplier:
STOMMEL INC
dba LEHR
631 N MARKET BLVD STE N
SACRAMENTO, CA 95834
This Supplier Contract shall be governed by the attached terms and conditions.
Please reference the Supplier Contract number above on all invoices and correspondence related to this order.
Summary:
Emergency Response Vehicle Supplies/Equipment and Installation Services Vendor Contact: Steve Adair, Ph. #No. 916-267-5547, Email: [email protected] County Contacts:
Probation Dept. Contact (Orders and Accounting): Chris Artim, Ph. #530-889-7912, Email: [email protected] Placer County Sheriff Contact: Matt Burgans, Ph. #530-889-7865 Sheriff Accounting: Lisa Lentz, Ph. #530-889-6919, [email protected] Placer County Fire: Sarah Poindexter, Ph. #530-889-4037 Placer County Fire Accounting: Glenn Nishimoto, Ph. #530-886-4623, [email protected] Renewal of SCN104242
This is the third of four optional one-year renewal terms that were approved by the Board of Supervisors on September 24, 2019.
Payment Terms Total Contract Amount
NET 30 275,000.00
Service Lines
Line Number Description Start Date End Date Amount
1 Emergency response vehicle equipment and supplies as well as equipment installation services in accordance with the vendor's agreement to renew SCN104242 - see attached for pricing, terms, and conditions.
10/01/2022 09/30/2023 275,000.00
ATTACHMENT 2
631 North Market Street Suite N, Sacramento Ca 95834
Labor Price Increase Notice
Due to wage pressure for technicians our labor rate has increased to $105 per hour Effective:
July 1, 2021
July 1, 2021
To Our Valued Customers,
Due to the State of California increasing wage pressure and industry changes our new Labor Rate will need to increase from $95.00 per hour to $105.00 per hour.
We understand that this is almost a 10% increase from the previous year. Lehr provides specialized labor for the fabrication of first responder vehicles.
Historically we have only taken two labor increases in 15 years. Wages have increased annually to allow Lehr to continue to employ certified and qualified technicians. To ensure that Lehr provides the best emergency equipment installations in the industry this increase was implemented.
If you have any questions regarding the labor increase, please reach out to:
Steve Adair
Lehr
Regional Sales Manager
631 North Market St. Suite N
Sacramento, CA 95834
Cell 916.267.5547
Fax: 916.646.6656
[email protected]
Procurement Services Division
2964 Richardson Drive ▪ Auburn, CA 95603
(530) 886-2122
20000 - Emergency Response Vehicle Equipment and Installation Services Opening Date: July 30, 2019 4:45 PM
Closing Date: August 13, 2019 3:00 PM
To ensure a complete and timely response, it is strongly recommended that you submit your bid response via our Online Bidding System.
However, if you have difficult submitting your bid online or prefer to submit your bid manually (hard-copy) for any reason, print and complete this bid package along with any required bid documents, and mail or deliver in a sealed envelope to:
Placer County Procurement Services Division
2964 Richardson Drive
Auburn, CA 95603
All bids must be submitted on original documents (no fax bids) prior to the Closing Date and Time specified above and as prescribed in this bid's General Terms and Conditions. All bids must be signed by an authorized representative of the firm. UNSIGNED OR LATE BIDS WILL BE REJECTED.
Vendors shall complete the area below for hard copy submissions:
COMPANY NAME: ____________________________________________________ Mailing Address: ____________________________________________________ City/State/Zip: ____________________________________________________ Contact Person: ____________________________________________________ Telephone: ____________________________________________________ Email: ____________________________________________________ SIGNATURE: ____________________________________________________ DATE: ____________________________________________________ Title: ____________________________________________________ By signature above, bidder hereby agrees to and accepts the terms, conditions and requirements specified in this bid, including the following bid documents and all related addenda (if any).
Vendor Details
Company Name: Stommel Inc
Does your company conduct business
under any other name? If yes, please
state:
Lehr Auto Electric
Address:
4707 Northgate Blvd
Sacramento, CA 95834-1120
Contact: Steve Adair
Email: [email protected]
Phone: 916-267-5547
Fax: 916-646-6656
HST#: 61-1499917
Submission Details
Created On: Thursday August 08, 2019 16:23:20
Submitted On: Tuesday August 13, 2019 11:55:35
Submitted By: Steve Adair
Email: [email protected]
Transaction #: bf9e4edd-1317-482f-9d85-05e42711727e
Submitter's IP Address: 207.242.136.194
Schedule of Prices
BID PRICING WORKSHEET - Category 1
ITEM NO. DESCRIPTION UOM EST. ANNUAL
USAGE
MANUFACTURE
R
MANUFACTURERS
PART NUMBER UNIT PRICE * EXT PRICE
PRODUCT
WARRANTY
INFORMATION
(state number
of months and
any special
terms or
provisions that
may apply)
COMMENTS
1.1 Lightbar with the following
options/modifications: Add (2) LR11
Flashing Alley Lights, LED
(SRALF1); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) TIR high output
LED take downs, flashing or steady
(SXTDLED); and Add (2) 500
Series inboard LED, amber/amber
(SLDAA).
EA 15 Whelen LFL
Liberty SW
WeCan Series
Super-LED 54"
Lightbar
SW2RRBB $1,750.0000 $ 26,250.00 60 Whelen Master
Distributor
*
1.2 Strap Kit for LFL Liberty SW
WeCan Series Super-LED 54"
Lightbar. Strap Kit shall be
compatible with Chevrolet Tahoe
Police SUVs.
EA 15 Whelen
Engineering
STPKT71 $57.0000 $ 855.00 60 Whelen Master
Distributor
*
1.3 CenCom Sapphire Siren with
amplifier control module with pigtails,
traffic advisor module, and
microphone with CCMICX20 included
(20' microphone cable).
EA 15 Whelen
Engineering
CCSRN3 $749.00 $ 60 Whelen Master
Distributor
*
1.4 PB400 Full Aluminum Push
Bumpers. Push bumpers shall be
compatible with 2015 to current
model year Chevrolet Tahoe Police
SUVs.
EA 15 Setina
Manufacturing
Bodyguard
PB400
BK0534TAH15 $319.2000 $ 4,788.00 60 Setina Master
Distributor
*
1.5 Patrol Car Seat, black, with Laguna
Seat Belts and Rear Cargo Cage.
Patrol car seat shall be compatible
with 2011 to current model year
Chevrolet Tahoe Police SUVs.
EA 15 Laguna 3P
Products
CT5502 $1,084.0000 $ 16,260.00 60 Laguna
distributor
*
1.6 Stationary Vinyl Coated Partition
with Full Lower Extension Panel.
The partition shall be compatible
with 2015 to current model year
Chevrolet Tahoe Police SUVs.
EA 15 Setina
Manufacturing 8-
VS Series
PK0369TAH10SCA $599.2500 $ 8,988.75 60 correct Part
Number
PK0369TAH15S
CA
*
1.7 Shotgun Gun Lock EA 15 Santa Cruz SC-1H $77.0400 $ 1,155.60 12 #2 Key *
1.8 Ratchet Lock Gen. 2 EA 15 Santa Cruz SC-6H $131.64 12 #2 Key *
1.9 Muzzle Up Partition Mount EA 30 Santa Cruz SC-915P $69.9900 $ 2,099.70 12 Authorized Distributor
*
1.10 Siren Speaker EA 15 Whelen SA315P $199.99 24 Authorized Distributor
*
1.11 Speaker Bracket Kit for Whelen
SA315P Speaker
EA 15 Whelen SAK1 $29.40 $ 60 Authorized
Distributor
*
1.12 Plug In Headlight Flasher for 2015
to current model year Chevrolet
Tahoe Police SUVs
EA 15 SoundOff ETHTAHO-07 $65.7200 $ 985.80 60 Authorized Distributor *
1.13 Vertex Super-LED Light, Single SelfContained Hemispheric Light, Color: BLUE
EA 45 Whelen VTX609B $84.99 $ 60 Authorized
Distributor *
1.14 Vertex Super-LED Light, Single SelfContained Hemispheric Light, Color: RED
EA 45 Whelen VTX609R $84.99 $ 60 Authorized
Distributor *
1.15 Vertex Super-LED Light, Single SelfContained Hemispheric Light, Color: CLEAR
EA 45 Whelen VTX609J $$84.99 $ 60 Authorized
Distributor *
1.16 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color: BLUE
EA 15 Whelen RSB02ZCR $$66.60 $ 60 Authorized
Distributor
*
1.17 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color: RED
EA 15 Whelen RSR02ZCR $66.60 $ 60 Authorized
Distributor
*
1.18 Mounting Bracket for LIN3 Series
Super-LED Lighthead (Horizontal
Mounting)
EA 30 Whelen RBKT1 $10.80 $ 60 Authorized
Distributor *
1.19 PAR46 LED Flood - Spotlight EA 25 Whelen
Engineering
P46FLC $154.99 $ 60 Authorized
Distributor
*
1.20 PAR46 LED Spot - Spotlight EA 25 Whelen
Engineering
P46SLC $154.99 $ 60 Authorized
Distributor
*
1.21 Magnetic Mic Kit EA 25 Whelen
Engineering
MMSU-1 $34.9500 $ 873.75 12 Authorized
Distributor
*
1.22 Blac-Rac Weapon Mount EA 20 Blac-Rac 1082E $861.75 $ 12 Authorized Distributor
*
1.23 Chargeguard-Select Auto Shut-Off
Timer
EA 15 Havis Inc. CG-X $71.3800 $ 1,070.70 36 Authorized Distributor
*
1.24 Littlite 12" Gooseneck Lamp with
Rehostat Control, Gooseneck
Extends From End of Chassis, Lead
Extends From Bottom of Chassis.
EA 15 Federal Signal LF12ERB $57.7500 $ 866.25 60 Authorized Distributor
*
1.25 Patrol Vehicle "Placer" Console,
consisting of the following
components:Arm Rest w/2"
Extension - Lehr Auto Electric
Model# PARM002Tall, Arm Rest
Pad - Lehr Auto Electric Model#
PARP, XTL2500 3" Faceplate -
Troy Products Model#FP-MXTL5000,
Cencom 4" Faceplate - Troy
Products Model#FP-WC10285909,
1" Blank - Troy Products Model# FPBLNK1, 2" Blank - Troy Products Model# FP-BLNK2, 4" Beverage
Holder - Troy Products Model#
EA 12 Lehr Auto
Electric
PCC001 $1,142.0000 $ 13,704.00 60 Authorized
Distributor
*
1.26 Mount Kit EA 1 Troy Products AC-EXP03 $117.1800 $ 117.18 60 limited Lifetime *
1.27 Speaker EA 1 Code 3 C3100ENO7 $178.3800 $ 178.38 24 Authorized Distributor
*
1.28 12" Litlite Console Light EA 1 Feederal Signal LF12TRB $66.95 60 Authorized Distributor
*
1.29 3 Accessory Outlet EA 2 Able2 Shoe-Me 14.0553 $21.9500 $ 43.90 24 Authorized Distributor
*
1.30 Dual Stacked LED X Light EA 2 Code 3 LXEX2F-RR $411.10 $ 60 Authorized Distributor
*
1.31 Wig-Wag EA 1 Sound Off LAROOBK $42.6000 $ 42.60 60 Authorized Distributor
*
1.32 Double Beam Halogen Work Lamp
12V
EA 2 Hella 006991663 AS 115 $41.8200 $ 83.64 12 Authorized Distributor
*
1.33 LED Strip Light EA 1 Whelen PSC0CDCR $ 112.20 $ 60 Authorized Distributor
*
1.34 2007-2010 Ford Expedition Base EA 1 Gamber Johnson 7160-446- $113.4000 $ 113.40 60 Part Number 7160-0046
*
1.35 Mongoose 9" Locking Slide Arm w/o
Standard Attachment
EA 1 Gamber Johnson 7160-0219 $247.8000 $ 247.80 60 Part has been discontinued
replacement
quoted 7160-
0220
*
1.36 Tlt Swivel Attachment EA 1 Gamber Johnson DS-CLEVIS $56.0000 $ 56.00 60 Discontinued part -
replacement
quoted 7110-
1008
*
1.37 Radio Ray Wireless Spot Light EA 1 GoLight 7900 $244.1100 $ 244.11 36 Limited 3yr warranty
*
1.38 18" Console EA 1 Troy Products CC-MC18 384.48 $ 60 Authorized Distributor
*
Subtotal: $ 124,020.15
Bid Questions
Delivery Time: Bidders shall indicate their delivery time (after an order is received) for items specified in this bid without installation services in the space provided. Indicate your Delivery Time in Days
Delivery time 2-21 days. (In stock items 1-2 days, Items needed to be ordered up to 3 weeks however we stock many of your every day items.)
Turnaround Time: Bidders shall indicate their normal
turnaround time for a fully installed emergency vehicle in the space provided. Indicate your Turnaround Time in
Days
3-5 business days
**Note: If installation service is needed on behalf of Placer County Fire Department, the County intends to deliver and pick up the vehicles at the successful firm's location. As an option, Placer County Fire may require the successful firm to pick up and/or deliver a vehicle. Bidder shall provide rates for pick up and delivery service to be charged oneway, from vendor's shop to Placer County Fire facility only.**
$65 per hour based on Map Quest travel time 35 minutes travel time Travel Rate: Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor's shop to the Placer County Fire Department address:
13760 Lincoln Way Auburn, CA 95603. Indicate your travel rate
$65 per hour based on Map Quest travel time 35 minutes travel time Travel Time: Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor's shop to the Placer County Fire Department address:
13760 Lincoln Way Auburn, CA 95603. Indicate your
Travel Time
$65 per hour based on Map Quest travel time 35 minutes travel time Documents
Upload additional information here - optional, unless otherwise denoted as mandatory (with asterisk):
Additional Document - Additional Discounts.xlsx - Tuesday August 13, 2019 11:36:56
Attachment A
Bid No. 20000
COUNTY OF PLACER
EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES
SUPPLEMENTAL TERMS AND CONDITIONS
1. DOCUMENTS
Below are the documents associated with this bid.
Attachment A – Supplemental Terms and Conditions
Attachment B – Scope of Work
Attachment C – Insurance Requirements
Attachment D – Lightbar Configuration (Patrol Vehicle)
2. OVERVIEW
Placer County is soliciting bids for the purchase and installation of emergency response vehicle equipment & related supplies for the Placer County sheriff’s Office and Placer County Fire Department. Placer County intends to award a supplier contract for the purchase emergency response vehicle equipment and installation services on an as-needed basis. The items, quantities, sample jobs, services, and occurrences listed in this bid represent the County’s estimated annual requirements and will be utilized for evaluation purposes only. The County does not guarantee any minimum or maximum quantities that will be purchased or minimum or maximum dollar amounts to be spent throughout the term of the resulting agreement(s). Please note that the County requires NEW PRODUCT ONLY – No refurbished, demo, or restored products will be accepted unless specifically authorized by County staff.
3. PRICING
Responding bidders shall indicate their hourly shop rate for the services described herein as well as provide firm, fixed prices and discounts off list prices for the emergency response vehicle equipment and supplies listed in this bid for the initial contract period of approximately one year from the date this bid is awarded. Pricing offered in the bid line items herein shall be for services provided during the successful firm’s normal business hours. Overtime will not be required. The bidder’s shop labor rate per hour offered herein shall apply to all vehicle and equipment makes, models, and types.
The prices offered by bidders shall be exclusive of sales tax (applicable sales tax shall be added to the County’s invoices). The discounts offered by bidders for the brands listed in this solicitation shall be calculated and billed in addition to any invoice terms that are offered.
All rates shall be billed in accordance with the bidders offered pricing. The County will not accept or pay any premiums, administrative surcharge costs, or any other surcharges that are not identified in the bidder’s response. Charges imposed by the State of California or Federal Government after the bid has been awarded will be honored.
Attachment A
Bid No. 20000
4. AWARD
4.1. This bid shall be evaluated and awarded by an all-or-none basis. The bid evaluation will consider the total cost to install the Sheriff’s Office patrol vehicle equipment into a typical Chevrolet Tahoe 4x2 and 4x4 for items 1.1 through 1.25 and a Ford Expedition for the Placer County Fire Department for items 1.26 through 1.38 for evaluation purposes. This cost will be determined by multiplying the firm’s shop labor rate by the total estimated time to install the equipment, as determined by the County. The estimated installation time will be 18 hours of labor for evaluation purposes only. Local Vendor Preference (if applicable), prompt payment discounts, optional pick up/delivery rates, travel time, travel time rate, turnaround time, and adherence to all conditions and requirements of this bid will also be considered.
Bidders are not required to bid on all categories to be considered for award however Placer County reserves the right to award the bid based on pricing offered for the most categories.
4.2. An example of a typical Chevrolet Tahoe patrol vehicle installation includes the following equipment (manufacturer or supplier is shown in parenthesis – no substitutions):
Light Bar System (Whelen/Cencom)
Headlight Flasher (Soundoff)
Siren Speaker and Bracket (Whelen)
Maplight (Little Lite)
Radio Mounting Console (Lehr)
Cage (Setina)
Gun Locks – 2 per vehicle (Santa Cruz)
Push Bumper (Setina)
All emergency equipment, dome light, and spotlight are required to be wired to an auxiliary power source in the rear of the vehicle. All power should be timed and disconnected as to protect the vehicle from a dead battery.
4.3. Other public agencies may elect to “piggyback” on the County’s resulting agreement(s). It will be the responsibility of the other agencies to execute separate contracts with the successful bidder(s) at the same bid pricing (refer to this Bid’s General Terms and Conditions, Section 22) through the end of the initial contract period. Any subsequent renewal pricing and terms successfully negotiated between Placer County and the successful bidder(s) would be made available to those other agencies.
5. DELIVERY REQUIREMENTS
5.1. Bidder’s pricing for equipment and supplies shall be FOB Destination, freight prepaid and assumed by the successful bidder, inside delivery to the following address:
Placer County Sheriff’s Office
2929 Richardson Drive, Ste. A
Auburn, CA 95603
Placer County Fire Department
13760 Lincoln Way
Auburn, CA 95603
Attachment A
Bid No. 20000
5.2. The successful bidder shall deliver regular orders within five (5) business days of order placement for the complete order (no partial deliveries will be allowed unless specifically approved by County staff at the time the order is placed). There will also be occasions where the County will need to place an emergency order, which shall be defined as items which are so urgently needed that they must be delivered within forty-eight (48) hours of placing the order or items that are not available from the vendor’s normal inventory. In these instances actual freight charges will be allowed with written approval from the County employee placing the order. All freight charges shall be prepaid by the vendor and added to the resulting invoice. Freight collect charges will not be allowed. The vendor shall clearly advise County personnel of such emergency order circumstances for authorization at the time the order is placed with the vendor.
5.3. If the County’s orders are not delivered within the delivery times specified herein, the County reserves the right to cancel the order and obtain the products from another source. In the event that the County must make such open market purchases, the County reserves the right to exercise the provisions of Section 17 of this bid’s General Terms and Conditions.
Continued non-compliance with the stated delivery times may be cause for cancellation of the resulting agreement.
6. PRICE LISTS
Placer County requests that the successful bidder provide price lists upon award of the resulting agreement for each of the manufacturer discounts offered in the successful bidder’s completed Bid Pricing Worksheet. The County will accept electronic versions of the price lists if hard copies are not available (e.g. CD’s, flash drives, etc.). These lists will be used to verify the discount pricing on the resulting invoices. All price lists shall be provided free of charge to the County. The County also prefers that the successful bidder(s) state the manufacturer’s list price, the bidder’s offered discount off list price, and the net price for each part purchased on the resulting invoices. The successful bidder shall be responsible for notifying the Placer County Sheriff’s Office primary contact as well as the Procurement Services Division of any changes or updates to the bidder’s/manufacturer’s published catalog/list prices that occur during the contract period.
7. INSURANCE REQUIREMENTS
The successful bidder shall be required to furnish a certificate of insurance within ten (10) calendar days following receipt of a Notice of Award demonstrating proof of coverage in the amounts specified in Attachment C, Insurance Requirements.
8. SUBCONTRACTING
The successful bidder shall not subcontract any portion of the work to be performed under the resulting agreement.
9. EQUIVALENT/ALTERNATE OFFERS
Due to the standardization of the County’s emergency response vehicle equipment including the County’s inventory of repair/replacement parts as well as staff training issues, bids will only be accepted for the brand and model emergency response vehicle equipment and supplies specified in the Bid Worksheet.
Attachment A
Bid No. 20000
10. SERVICE STANDARDS
The successful bidder shall provide all necessary personnel, tools, parts, materials, and equipment to perform the services described herein. The successful bidder shall perform all work in such a manner as to meet all accepted standards for safe practices for emergency response vehicle equipment installation services and to safely maintain stored equipment or other hazards consequential or related to the work. The successful bidder agrees to accept the sole responsibility for complying with all local, County, State or other legal requirements at all times including, but not limited to, O.S.H.A. and CAL. O.S.H.A. Safety Orders. The successful bidder must meet all EPA standards as well as all Federal, State, and Local laws, standards, and regulatory and permitting requirements while performing services on behalf of Placer County.
11. WORKMANSHIP
All services shall be performed in accordance with the highest standards prevailing in the trades. All of the successful bidder’s employees shall be especially skilled and appropriately trained and certified for the kind of work for which they are employed. Should the successful bidder’s Manager and/or Placer County staff deem anyone employed by the successful bidder incapable of completing the work required, the successful bidder shall immediately dismiss the employee from performing services on behalf of the County. Such removal shall not be considered a basis for employee’s claim for compensation or damages against the County, or any of its officers or agents.
Attachment B
Bid No. 20000
COUNTY OF PLACER
EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES
SCOPE OF WORK
1.0 The successful bidder shall be regularly established in the business of routine emergency vehicle lighting and equipment installation services on a variety of patrol vehicles, light trucks, and fire trucks. Responding firms shall have staff experienced in the installation of law enforcement and fire department radios, “Code 3” emergency equipment, prisoner partitions, mounting consoles, trunk racks, cages and gun locks at a minimum.
2.0 The successful bidder shall be qualified and capable of performing equipment installation services on various types of emergency response vehicles and equipment including, but not limited to, law enforcement sedans, sport utility vehicles, trucks, undercover vehicles, trailers, off-highway vehicles, and boats, including Type I and Type II engines.
3.0 Time is of the essence in returning County vehicles to service. The successful bidder agrees that work performed under the resulting agreement shall receive top priority over other work in the successful bidder’s shop. If the County determines that the workload of the successful bidder is such that timeliness is not possible in a given situation, the County reserves the right to assign the job to another vendor.
4.0 In the event that the successful bidder is unable to respond or complete the requested services within the bidder’s stated turnaround time, the successful bidder shall notify the County designated contact person immediately prior to commencing work. The County at its sole discretion may elect to utilize the services of another vendor in such instances and will notify the successful bidder if such intention is to be exercised.
5.0 The successful bidder agrees that the County has the right to view any work performed on a County vehicle at the successful bidder’s facility at any time, whether or not services have been completed. The successful bidder agrees that the County has the right to audit any work performed by the successful bidder.
6.0 The successful bidder warrants the goods furnished to be of the highest quality, complying with the specifications and free from all defects whatsoever in workmanship and materials, for a minimum period of one year from the date of delivery. Replacements and repairs under this warranty are to be made by the successful bidder at no cost and to the satisfaction of the County. Equipment installations shall be guaranteed for as long as the County owns/possesses the vehicle.
7.0 The successful bidder agrees that the County has the right to make the final determination as to whether services have been satisfactorily completed. The successful bidder shall include County staff on a walk-through of the vehicle to confirm that all equipment is installed and functioning correctly and testing the equipment prior to the County's acceptance of the work as being completed. Should any portion of the work to be done which, due to any cause, is not in accordance with the specifications or is not satisfactorily completed, it will be rejected and the successful bidder shall immediately make a satisfactory arrangement with the County before proceeding with other work. The successful bidder shall promptly correct all work rejected by the County as faulty, defective, or failing to conform to the product specifications or scope of
Attachment B
Bid No. 20000
work defined herein, whether observed before or after substantial completion of the work and whether or not inspected, tested, repaired, fabricated, installed, or completed. The successful bidder shall bear all costs of correcting such rejected work. This provision applies during the contract term and any resulting renewal periods.
8.0 The successful bidder shall be held responsible for any breakage or loss of the County’s vehicles or equipment while performing service on the County’s vehicles. The successful bidder shall be responsible for restoring or replacing any equipment, vehicle, etc. so damaged to the satisfaction of the County and at the sole expense of the successful bidder. The successful bidder shall immediately report to the County any damages to the vehicle or equipment resulting from services performed under the resulting agreement.
9.0 The successful bidder, at the County’s request, shall provide a field representative to meet with County personnel at least once a month to review the department's inventory levels, discuss the department's emergency lighting and equipment requirements and introduce additional products to address any County needs. The successful bidder shall also have technical staff available to conduct scheduled on-site meetings at the County’s request. The successful bidder shall provide inside sales support capable of providing product specification sheets, quotations, order placement and expediting, via fax and telephone at the County’s request.
Attachment C
Bid No. 20000
PLACER COUNTY INSURANCE REQUIREMENTS
1. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
The CONTRACTOR shall save, keep, hold harmless, defend, and indemnify PLACER COUNTY from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omissions of the CONTRACTOR, any of the CONTRACTOR'S employees, or any subcontractors.
The CONTRACTOR shall be responsible for any liability imposed by law and for death, injury, or damage to property of any person including, but not limited to, workmen, subcontractors, and the public, resulting from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance.
If any judgment is rendered against PLACER COUNTY for any injury, death, or damage caused by CONTRACTOR as a result of work performed or completed, pursuant to this agreement, CONTRACTOR shall, at its own expense, satisfy and discharge any judgment.
As used above, the term PLACER COUNTY means PLACER COUNTY, its officers, agents, employees, and volunteers.
2. INSURANCE:
CONTRACTOR shall file with the COUNTY concurrently herewith a Certificate of Insurance, in companies acceptable to COUNTY, with a Best's Rating of no less than A- :VII showing.
3. WORKER'S COMPENSATION AND EMPLOYERS LIABILITY INSURANCE:
Worker's Compensation Insurance shall be provided as required by any applicable law or regulation. Employer's liability insurance shall be provided in amounts not less than one million dollars ($1,000,000) each accident for bodily injury by accident, one million dollars ($1,000,000) policy limit for bodily injury by disease, and one million dollars ($1,000,000) each employee for bodily injury by disease.
If there is an exposure of injury to PROVIDER'S employees under the U.S. Longshoremen's and Harbor Worker's Compensation Act, the Jones Act, or under laws, regulations, or
Attachment C
Bid No. 20000
statutes applicable to maritime employees, coverage shall be included for such injuries or claims.
Each Worker's Compensation policy shall be endorsed with the following specific language:
Cancellation Notice - “This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to the County of Placer.”
Waiver of Subrogation - The workers’ compensation policy shall be endorsed to state that the workers’ compensation carrier waives its right of subrogation against the County, its officers, directors, officials, employees, agents or volunteers, which might arise by reason of payment under such policy in connection with performance under this agreement by the CONSULTANT.
CONTRACTOR shall require all SUBCONTRACTORS to maintain adequate Workers' Compensation insurance. Certificates of Workers' Compensation shall be filed forthwith with the County upon demand.
4. GENERAL LIABILITY INSURANCE:
A. Comprehensive General Liability or Commercial General Liability insurance covering all operations by or on behalf of CONTRACTOR, providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for:
(1) Products and completed operations;
(2) Contractual liability insuring the obligations assumed by CONTRACTOR in this Agreement; and
(3) Broad form property damage (including completed operations) Except with respect to bodily injury and property damage included within the products and completed operations hazards, the aggregate limits, where applicable, shall apply separately to CONTRACTOR'S work under the Contract.
B. One of the following forms is required:
(1) Comprehensive General Liability;
(2) Commercial General Liability (Occurrence); or
(3) Commercial General Liability (Claims Made).
C. If CONTRACTOR carries a Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage, and Personal Injury Liability of:
One million dollars ($1,000,000) each occurrence
Attachment C
Bid No. 20000
Two million dollars ($2,000,000) aggregate
D. If CONTRACTOR carries a Commercial General Liability (Occurrence) policy:
(1) The limits of liability shall not be less than:
One million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
One million dollars ($1,000,000) for Products Completed Operations Two million dollars ($2,000,000) General Aggregate
(2) If the policy does not have an endorsement providing that the General Aggregate Limit applies separately, or if defense costs are included in the aggregate limits, then the required aggregate limits shall be two million dollars ($2,000,000).
E. Special Claims Made Policy Form Provisions:
CONTRACTOR shall not provide a Commercial General Liability (Claims Made) policy without the express prior written consent of COUNTY, which consent, if given, shall be subject to the following conditions:
(1) The limits of liability shall not be less than:
One million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
One million dollars ($1,000,000) aggregate for Products Completed Operations
Two million dollars ($2,000,000) General Aggregate
(2) The insurance coverage provided by CONTRACTOR shall contain language providing coverage up to one (1) year following the completion of the contract in order to provide insurance coverage for the hold harmless provisions herein if the policy is a claims-made policy.
Conformity of Coverages - If more than one policy is used to meet the required coverages, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. For example, all policies shall be Occurrence Liability policies or all shall be Claims Made Liability policies, if approved by the County as noted above. In no cases shall the types of polices be different.
5. ENDORSEMENTS:
Each Comprehensive or Commercial General Liability policy shall be endorsed with the following specific language:
Attachment C
Bid No. 20000
A. "The County of Placer, its officers, agents, employees, and volunteers are to be covered as an additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement." B. "The insurance provided by the Contractor, including any excess liability or umbrella form coverage, is primary coverage to the County of Placer with respect to any insurance or self-insurance programs maintained by the County of Placer and no insurance held or owned by the County of Placer shall be called upon to contribute to a loss."
C. “This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to the County of Placer.”
6. AUTOMOBILE LIABILITY INSURANCE:
Automobile Liability insurance covering bodily injury and property damage in an amount no less than one million dollars ($1,000,000) combined single limit for each occurrence.
Covered vehicles shall include owned, non-owned, and hired automobiles/trucks.
7. ADDITIONAL REQUIREMENTS:
Premium Payments - The insurance companies shall have no recourse against the COUNTY and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.
Policy Deductibles - The CONTRACTOR shall be responsible for all deductibles in all of the CONSULTANT’s insurance policies. The maximum amount of allowable deductible for insurance coverage required herein shall be $25,000.
CONTRACTOR’s Obligations - CONTRACTOR’s indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this agreement.
Verification of Coverage - CONTRACTOR shall furnish the County with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the County before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Attachment C
Bid No. 20000
Material Breach - Failure of the CONTRACTOR to maintain the insurance required by this agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire agreement.
Certificate Holder –Placer County subscribes to a service that monitors insurance certificates for compliance with the above requirements. The Certificate Holder on insurance certificates and related documents should read as follows:
County of Placer
c/o EXIGIS LLC
PO Box 4668 ECM #35050
New York, NY 10168-4668
Fax: 888-355-3599
Email: [email protected]
Upon initial award of a contract to your firm, Exigis will contact you with further instructions for providing insurance certificates which meet the terms of the contract.
Certificates which amend or alter the coverage during the term of the contract, including updated certificates due to policy renewal, should be sent directly to Exigis via fax or email as indicated above.
***SOLE PROPRIETER LANGUAGE:
Workers’ Compensation
CONTRACTOR represents they have no employees and, therefore, not required to have Workers’ Compensation coverage.
CONTRACTOR agrees they have no rights, entitlements or claim against COUNTY for any type of employment benefits or workers’ compensation or other programs afforded to COUNTY employees.
Terms & Conditions
INVITATION FOR BIDS
GENERAL TERMS AND CONDITIONS
The following provisions are hereby made a part of this Invitation for Bids ("bid") by reference and attachment to the Invitation for Bids document. Any contract award made as the result of this bid shall be governed by these General Terms and Conditions. By submission of a bid, bidder does agree if the bid is accepted within 90 calendar days from the date of opening, to furnish to furnish the product(s) and/or service(s) pursuant to these conditions. In the event of a contract award pursuant to this bid, performance by the successful bidder of any or all of the services, or delivery of any or all of the products defined herein, shall constitute acceptance of all terms, conditions and requirements of the resulting agreement.
WARNING: It is the bidder’s responsibility to monitor the County’s website for possible addenda to this bid to inform him/herself of the most current specifications, terms, and conditions (see also Section 4 below), and to submit his/her bid in accordance with the original bid requirements and all addenda. All available bids and related addenda can be found at: https://placer.bidsandtenders.net. Failure of bidder to obtain this information shall not relieve him/her of the requirements contained therein. Additionally, failure of bidder to respond to any addenda, when required, may be cause for rejection of his/her bid.
1. GENERAL. These provisions are standard for all County contracts. The County may delete or modify any of these standard provisions for a particular contract by indicating a change in the special instructions to bidders or in the bid. Any bidder accepting a contract award as the result of this bid agrees that the provisions included within this Invitation for Bid shall prevail over any conflicting provision within any standard form contract of the bidder.
2. SUBMISSION OF BIDS. Bids shall be submitted to the Procurement Services Division either online, by using the Placer County EBid System, or in hard-copy form (see below for instructions). All bids must be submitted prior to the date and time specified in this solicitation. Bids shall be submitted by an employee who is authorized to commit his/her firm or organization to the provisions of the bid. Any exceptions to the specifications, terms, or conditions of this solicitation shall be clearly indicated by bidder.
SUBMISSION OF HARD-COPY BIDS. Bidders who wish to submit bids in hard-copy form in lieu of using the Placer County EBid System shall submit their bids to the Procurement Services Division, 2964 Richardson Drive, Auburn, California, 95603, between the hours of 8:00 am and 5:00 PM (Pacific), Monday through Friday (excluding County holidays). Hard-copy bids shall be submitted in a sealed envelope which clearly identifies the bid number, commodity, and closing date and time. Bids shall be submitted on the bid forms provided by the County, which may be downloaded from the EBid System or obtained from Procurement Services. Hard-copy bids must be signed by an authorized employee of the firm. The County shall not be responsible for bids delivered to a person/location other than that specified herein. Bids shall be in ink or typewritten and all changes and/or erasures shall be initialed and dated in ink. Any exceptions to the specifications, terms, or conditions of this solicitation shall be clearly indicated by bidder, without obliterating the original text or images contained herein.
WARNING: Late bids or unsigned bids shall not be accepted under any circumstances. Facsimile or telephone bids shall not be accepted.
3. AMENDMENTS TO THE BID. Any amendment to this bid is valid only if in writing and issued by the Placer County Procurement Services Division.
REQUESTS FOR CLARIFICATION/INFORMATION. Bidders are instructed to contact the Placer County Buyer/Contact Person(s) specifically identified in this bid for further clarification or information related to the specifications, terms, conditions, or evaluation of this bid. Information provided by other than the named contact person may be invalid, and responses which are submitted in accordance with such information may be declared non-responsive. Additionally, contacts made with other County staff in an attempt to circumvent or interfere with the County’s standard bidding and evaluation practices may be grounds for disqualification of the bidder. Questions should be submitted using the Question tool on the Bids&Tenders site. Questions submitted within four (4) County working days of the bid opening date may not be answered.
4. NON-COLLUSION. The bidder certifies that his bid is made without any previous understanding, agreement or connection with any person, firm or corporation making a bid for the same project and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.
5. CONFLICT OF INTEREST. Bidder states that no County officer or employee, nor any business entity in which they have an interest, has an interest in the bid awarded or has been employed or retained to solicit or aid in the procuring of the resulting contract, nor will any such person be employed in the performance of such contract.
6. AWARD. The contract may be awarded to the lowest responsible and responsive bidder complying with the provisions of the Invitation for Bid. In determining whether a bid is lowest and responsive, and the bidder responsible, the following may be considered by the County: a) Ability to perform the service required within the specified time; b) Reputation, judgment and experience; c) The quality of performance in previous contracts; d) Previous compliance with laws, as well as employment practices; e) Financial ability to perform the contract; f) The quality, availability and adaptability of the supplies or the contractual services to the particular use required; g) Ability to provide maintenance and service; h) Whether the bidder is in arrears to the County, in debt on contract, is a defaulter on surety to the County or whether the bidder’s taxes or assessments are delinquent; i) The resale value and life cycle costs of the items; j) Such other information as identified in the Purchasing Policy Manual having bearing on the decision to make the award. The award analysis will also include consideration for Local Vendor Preference (per Section 18 below) and any prompt pay discounts offered by the bidder (per Section 19 below). The County reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the County. The County also reserves the right to reject the bid of a bidder who has previously failed to perform properly. The County may award bids by line item, category, or on an all-or-none basis.
7. MERCHANTABILITY. There shall be an implied warranty of merchantability and fitness for an intended use. Any bid submittals taking exception to this requirement may, at the County’s option, be considered non-responsive.
8. SAMPLES. Samples of items, when required, must be furnished free of expense to Placer County and if not destroyed by tests will, upon request, be returned at bidder’s expense. Samples of selected items may be retained for comparison.
9. MANUFACTURER’S NAME AND APPROVED EQUIVALENTS. Unless otherwise specified, manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in a specification are intended only to identify the quality level desired. They are not intended to limit competition. The bidder may offer any equivalent product, which meets or exceeds the specifications. If bids are based on equivalent products, the bids must: 1) Indicate on the bid form the alternate manufacturer’s name and catalog number; 2) Include complete descriptive literature and/or specifications; 3) Include proof that the proposed equivalent shall meet the specifications. The County reserves the right to be the sole judge of what is equal and acceptable. If bidder fails to name a substitute, goods identical to the bid standard must be furnished.
10. INSURANCE AND INDEMNIFICATION. The awarded bidder may be required to provide proof of liability, automobile, and/or workers compensation insurance. If required, the minimum coverage requirements will be identified in the bidding documents. All costs of complying with the insurance requirements shall be included in your pricing. The selected firm shall provide complete and valid insurance certificates within ten (10) days of the County’s written request. Failure to provide the documents within the time stated may result in the rejection of the bid response and/or cancellation of the resulting contract or purchase order.
Unless indemnification requirements are stated otherwise in this solicitation, said requirements shall be as follows: The awarded bidder ("Contractor") hereby agrees to protect, defend, indemnify, and hold Placer County free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including, but not limited to the amounts of judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by Placer County arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to property (including employees or property of the County) and without limitation by enumeration, all other claims or demands of every character occurring or any way incident to, in connection with or arising directly or indirectly out of, the contract or agreement. The Contractor agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demand, or suit at the sole expense of the Contractor. Contractor also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against Contractor or the County or to enlarge in any way the Contractor’s liability but is intended solely to provide for indemnification of Placer County from liability for
damages or injuries to third persons or property arising from Contractor’s performance pursuant to the resulting contract or agreement.
11. FORCE MAJEURE. If an emergency or natural disaster causes delay or interferes with the use or delivery of the products/services described in this bid, deliveries may be suspended as long as needed to remove the cause or repair the damage. An emergency or natural disaster includes fire, flood, blizzard, strike, accident, consequences of foreign or domestic war, or any other cause beyond the control of the parties. The County reserves the right to acquire from other sources any products/services during any suspension of delivery.
12. TAXES. Placer County is exempt from Federal Excise Tax; an exemption certificate will be furnished upon request. Placer County is not exempt from California State sales/use taxes. All applicable State sales/use taxes will be added to the purchase order.
13. DELIVERY. All prices bid must be FOB Destination, unloaded inside and assembled unless otherwise indicated.
14. FIXED CONTRACT QUANTITIES. Purchase order(s) for full quantities will be issued to successful bidder(s) after notification of award and receipt of all required documents.
15. OPEN-END CONTRACT. No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end contract. Estimated quantities/bid ratio or discounts from manufacturer’s list price may be used for bid comparison. The County reserves the right to: issue purchase orders as and when required; or issue a contract for individual agencies or multiple County agencies; or any combination of the preceding. No delivery shall be made without a written order by the County, unless otherwise specifically provided for in the contract. If in a subsequent year the vendor offers to supply his goods and service for the same bid price, or in the event the supplier is willing to negotiate to the satisfaction of Placer County any justifiable price increase prior to the succeeding year’s contract renewal and if the service provided by the supplier was to the satisfaction of the County, the County of Placer reserves the right to extend the period of the resulting contract on a year-to-year basis. Alternatively, the bid solicitation may set forth specific renewal terms. Bidder certifies that prices charged to the County for non-listed commodities or no-fixed price items are equal to or less than those charged the bidder’s most favored customer for comparable quantities under similar terms and conditions.
16. TERMINATION OF CONTRACT. In the event of a material breach of the contractual obligations by the Contractor, the County may terminate the contract. At its sole discretion, the County may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than 10 working days from notification, or at minimum the contractor must provide the county within 10 working days from notification a written plan detailing how the contractor intends to cure the breach. If the contractor fails to cure the breach or if circumstances demand immediate action, the County will issue a notice of immediate termination.
Supplier Contracts may be terminated by the County without cause upon 30 calendar days’ written notice.
17. NON-APPROPRIATION. In the event that sufficient funds are not appropriated and budgeted for the payment of goods or services described herein, the agreement shall immediately terminate on the last day of the fiscal period for which appropriations were received or other amounts were available to pay the amounts due under the agreement, without penalty or expense to the County of any kind whatsoever, except that the County will be liable for payment of any unpaid invoices for goods or services which were delivered prior to the end of the last fiscal period for which appropriations were made.
18. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT. If any item or service furnished by the vendor fails to conform to bid specifications, or to the sample submitted by the vendor with his bid (if any), or if the vendor fails to deliver the items or perform any services required by the contract in the time and manner prescribed, the County may reject the products and/or services provided. Upon rejection, the vendor must promptly reclaim and remove any rejected items without expense to the County, and shall immediately replace all such rejected items with others conforming to such specifications or samples, and/or correct the service deficiency. If the vendor fails to do so, the County has the right to purchase in the open market a corresponding quantity of the rejected items, or have another firm provide the required service, and to deduct from any monies due the vendor the difference between the price named in the contract or purchase order and the actual cost to the County. If the vendor breaches the contract or purchase order, any loss or damage sustained by the County in procuring items which the vendor therein agreed to supply shall be borne and paid for by the vendor. The rights and remedies of the County identified above are in addition to any other rights and remedies provided by law or under the contract. In any legal proceeding brought to enforce the terms of the herein agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs incurred as a result of enforcing the terms of this agreement.
19. LOCAL VENDOR PREFERENCE. A local preference credit of 5.0% for Placer County businesses will be permitted when evaluating bids for supplies, equipment, materials and services that are not part of a public project. Bidders claiming local vendor preference must submit an Affidavit of Eligibility with their bid, unless an authorized affidavit is already on file with Placer County Procurement. Preference criteria and affidavit forms are available on our website at: https://www.placer.ca.gov/1408/LocalVendor-Preference
20. INVOICES AND PAYMENT TERMS. Invoices are to be mailed to the County department specified on the resulting purchase order or contract. All invoices must include the purchase order or contract number. Failure to comply will result in delayed payments. The County will make payment on a Net 30-day basis unless a cash discount is allowed for payment within the time period specified by vendor. The payment term shall begin on the date the merchandise is inspected, delivered and accepted by the County, or on the date a correct invoice is received in the office specified in the order, whichever is later. Prompt payment discounts shall be considered earned if payment is postmarked or personally delivered within the prescribed term. For the purposes of this section, the beginning date described above shall be considered day zero for the purposes of counting days in the prescribed term. For the purposes of bid evaluation, the County will only consider discount periods of ten (10) days or more. LATE FEES: In accordance with Section 926.10 of the California Government Code, Placer County may pay interest at not more than the rate of 6% per annum on invoices which are unpaid 61 or more days beyond the “beginning date” or “day zero” as defined above. In cases where this policy may conflict with other terms provided by the supplier, this provision shall prevail.
21. LEGAL REQUIREMENTS. Federal, State, County and local ordinances, rules and regulations, and policies shall govern development, submittal and evaluation of bids and disputes about bids. Lack of knowledge by any bidder about applicable law is not a defense.
22. ASSIGNMENT. Any contract awarded shall not be assignable by the vendor without the express written approval of the County, and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.
23. OTHER AGENCIES. The successful vendor shall agree to extend Placer County contract prices and terms to other governmental agencies. Any contract resulting from this requirement shall be executed by the successful vendor and the other agency. Placer County will not be a party to “other agency” contracts.
24. PROTEST AND APPEAL PROCESS. Any actual or prospective bidder or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Director of Administrative Services in the manner prescribed by Section 10.0 of the Placer County Purchasing Policy. The protest shall be submitted in writing to the Director of Administrative Services within seven (7) County business days after such aggrieved person or company knows or should have known of the facts giving rise thereto.
25. RECYCLED PRODUCT PREFERENCE. A preference of 10% will be given to bids for products meeting the definition of recycled product cited in Public Contract Code Sections 22150 - 22154. In order to be granted this preference bidder shall provide statements and/or documentation as supporting evidence that the product(s) meets the definition.
26. PATENT INFRINGEMENT. Supplier shall indemnify and hold harmless County, its agents and employees, against and from any and all actions, suits, liabilities, prosecutions, penalties, settlements, losses, damages, costs, charges, attorney’s fees, and all other expenses which may arise directly or indirectly from any claim that any of the products supplied by supplier infringes any patent, copyright, trade secret, or other property right.
27. VENDOR FINANCIAL STABILITY. If a vendor is currently involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor must provide the County with that information as part of its bid/proposal. In accordance with Section 3.12(g) of the Placer County Purchasing Policy Manual and paragraph 8.e. of this document, the County may use information regarding a bidder’s financial responsibility when making an award determination.
The County reserves the right to take any action available if it discovers a failure to provide such information to the County, including but not limited to, a determination that the vendor should be declared non-responsible and/or non-responsive, and suspension or debarment of the vendor, in accordance with the processes defined in the Placer County Purchasing Policy Manual.
By submitting a bid/proposal in response to this solicitation, the vendor agrees that if, during the term of any contract it has with the County, it becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor will immediately provide the County with a written notice to that effect and that it will provide the County any relevant information requested in order for the County to determine whether the vendor has the financial ability to meet its obligations to the County.
- - End of General Terms and Conditions - -
07/25/2019
I acknowledge that I have the authority to bind the Company and submit this bid on behalf of the Company. - Steve Adair, Regional Sales Manager The Applicant declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Applicant foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
There have not been any addenda issued for this bid.
PREPARED BY: Katy Nomura
Assistant Town Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/19/2023
ITEM NO: 6
DATE: September 8, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to a Special Services Agreement with Liebert Cassidy Whitmore (LCW) to Increase Compensation in the Amount of $50,000 for a Total Contract Amount Not to Exceed $280,000
RECOMMENDATION:
Authorize the Town Manager to execute a third amendment (Attachment 1) to a special services agreement with Liebert Cassidy Whitmore (LCW) to increase compensation in the amount of $50,000 for a total contract amount not to exceed $280,000.
BACKGROUND:
In 2018, Liebert Cassidy Whitmore was selected as a sole source provider for labor and employment relations services, and services were continued in 2020 as the result of a competitive interview process. LCW provides valuable negotiations and employee relations legal guidance and has established a good rapport with the Town’s bargaining units.
On May 17, 2022, the Town Council authorized the Town Manager to execute a First Amendment (Attachment 2) to the Special Services Agreement with Liebert Cassidy Whitmore to extend the term through June 30, 2024 and to increase compensation in the amount of $15,000 for a total contract amount not to exceed $180,000.
On September 20, 2022, the Town Council authorized the Town Manager to execute a Second Amendment (Attachment 3) to the Special Services Agreement with Liebert Cassidy Whitmore to increase compensation in the amount of $50,000 for a total contract amount not to exceed $230,000.
PAGE 2 OF 2
SUBJECT: Third Amendment to Agreement with Liebert Cassidy Whitmore (LCW) DATE: September 8, 2023
DISCUSSION:
With the need to prepare for labor negotiations, and address employment relations matters, the Town continues to require outside employment legal support. The Town will be negotiating with each of the three bargaining units: the Town Employees’ Association (TEA), the American Federation of State, County and Municipal Employees (AFSCME), and the Police Officers’ Association (POA). It is critical to have continuity of labor representation during negotiations.
This amendment would increase the Liebert Cassidy Whitmore contract by $50,000 to continue these critical services while cost estimates are finalized for the upcoming negotiations. Once finalized costs are determined, staff will return to the Town Council requesting an amendment for any additional funding required.
CONCLUSION:
Liebert Cassidy Whitmore has been highly effective in assisting the Town with labor negotiations and employment relations support.
Staff recommends that that the Town Council authorize the Town Manager to execute a third amendment to the special services agreement with Liebert Cassidy Whitmore in the increased amount of $50,000 for a total contract amount not to exceed $280,000 to continue providing employment relations support through June 30, 2024 (Attachment 1).
FISCAL IMPACT:
The existing agreement is for $230,000. With this agenda item, there would be a total net increase of $50,000 for a total contract amount not to exceed $280,000, which can be absorbed in the Human Resources Department budget based on the adopted Fiscal Year 2023/24 Budget.
Once cost estimates for the remainder of the fiscal year are finalized, staff will return with a fourth amendment and request any necessary budget adjustments, if any.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Third Amendment
2. First Amendment with Original Agreement
3. Second Amendment
THIRD AMENDMENT TO AGREEMENT FOR SPECIAL SERVICES
THIS THIRD AMENDMENT TO AGREEMENT is entered into this ____ day of September, 2023, by and between the Town of Los Gatos, State of California, herein called the “Town,” and Liebert Cassidy Whitmore, a Professional Corporation (“Attorney”), herein called the “Attorney.”
RECITALS
A. Town and Attorney entered into a Special Services Agreement from February 1, 2020, through February 1, 2022 (“Agreement”).
B. Town and Attorney entered into a First Amendment to Agreement on May 17, 2022.
C. Town and Attorney entered into a Second Amendment to Agreement on September 12, 2022.
AMENDMENT
1. Total compensation by the Town for the Attorney’s services shall increase by an additional $50,000, not to exceed $280,000 over the course of the agreement.
2. All other terms and conditions of the Agreement dated February 1, 2020, the First Amendment dated May 17, 2022, and Second Amendment dated September 12, 2022, remain in full force and effect.
IN WITNESS WHEREOF, the Town and Attorney have executed the Third Amendment to Agreement as of the date indicated above.
Town of Los Gatos: Attorney:
By: By:
Laurel Prevetti J. Scott Tiedemann, Managing Partner
Town Manager Liebert Cassidy Whitmore
Department Approval:
Katy Nomura
Assistant Town Manager
Approved as to Form:
Gabrielle Whelan
Town Attorney
Attest:
Wendy Wood
Town Clerk
ATTACHMENT 1 Page 102
ATTACHMENT 2
DocuSign Envelope ID: F709E150-B3B8-4C9B-994F-22D9C90698A1
LIEBERT CASSIDY WHITMORE
FEE SCHEDULE
Pmtners $415.00
Senior Counsel $345.00
Associates $230.00 - $325.00
Labor Relations/Human Resources Consultant $260.00
Paralegals $145.00
E-Discovery Specialists $145.00
Law Clerks $145.00 - $185.00
DocuSign Envelope ID F709E150-B3B8-4C9B-994F-22D9C90698A1 • AGR .;i.o. D.14?
IHH ------
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firm of UEBERT CASSIDY WHITMORE, A Professional Corporation ("Attorney"), and the TOWN OF LOS GATOS, A Municipal Corporation ("Town").
t. Conditions
This Agreement will not take effect, and Attorney will have no obligation to provide services, until Town returns a properly signed and executed copy of this Agreement.
2. Attorney's Services
Attorney agrees to provide Town with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by Town or otherwise required by law.
3. Fees, Costs, Expenses
Town agrees to pay Attorney the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time. to-n..\.. co_:.npe--vi S cm oor1 -hi I � 6v1a;n'o n Of-Th-LS .�c.e-e ' vv �
The cunent range of hourly rates for Attorney time is from Two Hundred Ten to l� V\ot
e�c..ee&
Three Hundred Eighty Dollars ($210.00 • $380.00). See Schedule I for a full Fee <Et, l(,ps; ooo.
Schedule. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July l. Attorney will provide the Town with written notification of any adjustment in the range of rates. Attorney bills its time in minimum units of onetenth of an hour. 9120460.1 LC00l-009
ATTACHMENT 3 Page 111
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Department Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/19/2023
ITEM NO: 7
DATE: September 14, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Reschedule to October 17, 2023 the Consideration of the 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.
RECOMMENDATION:
Reschedule to October 17, 2023 the consideration of the adoption of a resolution modifying the Height Pole and Netting Policy for Additions and New Construction.
REMARKS:
This item was advertised in the paper for discussion by Town Council on September 19, 2023; however it has been rescheduled to October 17, 2023, to allow for time on the current Town Council agenda for other priority items.
This Page
Intentionally
Left Blank
PREPARED BY: Salina Flores
Human Resources 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: 9/19/2023
ITEM NO: 9
DATE: September 14, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Rescind Resolution 2023-047 and Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Paul Horvat as the Temporary Emergency Services Coordinator in the Town Manager’s Office RECOMMENDATION:
Rescind Resolution 2023-047 and adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Paul Horvat as the temporary Emergency Services Coordinator in the Town Manager’s Office (Attachment 1).
BACKGROUND:
The Town has an existing agreement with the California Public Employees’ Retirement System (CalPERS) to provide its retirement program to employees. The CalPERS retirement program is governed by Public Employees’ Retirement Law (PERL). PERL contains the rules and regulations that a contracting agency must adhere to related to the hire of a CalPERS retiree, referred to as a retired annuitant. PERL requires that a non-safety retired annuitant may not work for a CalPERS contracting agency unless the retired annuitant has been retired for at least 180 days (Gov. Code section 7522.56). In lieu of the 180-day wait period, an agency’s governing body may approve a resolution to waive the 180 days.
On September 5, 2023, the Town Council adopted a resolution to waive the 180-day retiree rehire wait period and to appoint Paul Horvat as the temporary Emergency Services Coordinator in the Town Manager’s Office.
PAGE 2 OF 2
SUBJECT: Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Paul Horvat as the Temporary Emergency Services Coordinator DATE: September 14, 2023
DISCUSSION:
Upon submitting the documentation to CalPERS, CalPERS recommended clarifying in the resolution that Mr. Horvat’s duties would most closely align with a subset of the Community Outreach Coordinator duties and to use the Community Outreach Coordinator pay rates for the comparable maximum base salary. The amended resolution reflects these changes.
CONCLUSION:
Due to the clarification requested, staff recommends that the Town Council rescind the prior Resolution 2023-047 and adopt an amended resolution to waive the CalPERS 180-day wait period and appoint Paul Horvat as the temporary Emergency Services Coordinator in the Town Manager’s Office.
FISCAL IMPACT:
It is anticipated that the hire of a retired annuitant will result in overall budget savings, given that the retiree will not be eligible for benefits related to permanent employment except the Town’s contribution to Medicare.
This position is funded through the Town Manager’s Office, and the cost of staff time is already accounted for in the adopted budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. CalPERS Amended Resolution for a 180-Day Wait Period Exception and Appointment of Paul Horvat as the Temporary Emergency Services Coordinator
2. Conditional Offer Letter
3. Final Offer Letter
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Draft Resolution Date
ATTACHMENT 1
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS Gov. Code sections 7522.56 & 21224
September 19, 2023
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the Town Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Paul Horvat will retire from the City of Santa Cruzin the position of Emergency Services Manager effective September 20, 2023; and
WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is March 18, 2024 without this certification resolution; and
WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the Town Council, the Town of Los Gatos and Paul Horvat certify that Pau Horvat has not and will not receive a Golden Handshake or any other retirementrelated incentive; and WHEREAS, On September 5, 2023, the Town Council adopted Resolution 2023-047 to waive the 180-day requirement for Paul Horvat, who was tentatively selected for the temporary Emergency Services Coordinator position in the Town Manager’s Office; and WHEREAS, the Town has received correspondence from CalPERS requesting clarification with regard to the classification upon which the salary for this position is based; and WHEREAS, the Town needs to revise its Resolution to provide the requested clarification to CalPERS; and
WHEREAS, the Town Council rescinds Resolution 2023-047 and adopts an Amended Resolution for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Paul Horvat as the temporary Emergency Services Coordinator in the Town Manager’s Office; and
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ATTACHMENT 1
WHEREAS, the Town Council hereby appoints Paul Horvat as an extra help retired annuitant to perform the duties of the Emergency Services Coordinator for the Town of Los Gatos under Gov. Code section 21224, effective September 20, 2023; and WHEREAS, the entire employment agreement, contract or appointment document between Paul Horvat and the Town of Los Gatos has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the Emergency Services Coordinator duties are most comparable to a subset of duties in the Community Outreach Coordinator classification; and WHEREAS, the maximum monthly base salary for the classification of Community Outreach Coordinator is $10,902.65 and the hourly equivalent is 62.90, and the minimum monthly base salary for the classification is $8,075.58 and the hourly equivalent is $46.59; and WHEREAS, the hourly rate paid to Paul Horvat will be $60.00; and WHEREAS, Paul Horvat has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the Town Council hereby rescinds Resolution 2023- 047 and adopts this Resolution certifying the nature of the appointment of Paul Horvat as described herein and detailed in the attached employment appointment document and that this appointment is necessary to fill the critically needed position of Emergency Services Coordinator for the Town of Los Gatos by September 20, 2023 because the Emergency Services Coordinator role is essential to the implementation of the Town’s disaster response program and the
3 of 3
Draft Resolution Date
ATTACHMENT 1
Emergency Operations Center function.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the ______ day of _____________, 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
____________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
SIGNED:
_________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
July 21, 2023
Paul Horvat
ClvicCENTBI.
110 E. �N SrRfEr
Los GAim, CA 95030
www.losgatosca.gov
Sent via email:
Dear Paul,
114 heather Court
Santa Cruz, CA 95065
TOWN OF Los GATOS Human
Resources Department (408) 399·5718 FAX:
( 408) 395-8640
Congratulations! The Town of Los Gatos is pleased to e,ctend to you a conditional offer of employment for the position of Emergency Services Coordinator(Temporary/Hourly) with the Town Manager's Office.
Employment Status: At will, un-benefited, temporary/hourly Employment Term: Two (2) years
Start Date: TBD
Hourly Pay Rate: $60.00 per hour
Job Title: Emergency Services Coordinator (Temporary/hourly) Supervisor: Katy Nomura, Assistant Town Manager
Department: Town Manager's Office
This offer of employment is subject to the following:
1. Background Check: You must pass a Department of Justice Criminal Records Check according to guidelines established by the Town of Los Gatos. Fingerprinting is administered by the Los Gatos Saratoga Recreation Center. You must complete a verification of education and employment survey. A reference check will also be conducted with the references provided.
2. CalPERS Requirements: If you plan to retire before your tenure in this position, then all CalPERS
requirements must be met prior to your start date. This includes the Town's submission of a request for an exception to the CalPERS 180-day waiting period requirement via a Council resolution submitted to CalPERS. The timing of the resolution submission and your start date will be based on the following:
A. If you are retiring at or higher than your normal retirement age, then the Council resolution can be submitted following your successful passage of the background check, and your start date can be any time following submission, on a date agreed upon by you and the Town.
B. If you retire under your highest normal retirement age, then you will be subject to CalPERS' bona fide separation requirements: the Council resolution cannot be submitted prior to your retirement date, and your start date must be at least 60 days following your retirement date.
Conditional Offer of Employment - Paul Horvat
Emergency Services Coordinator (Temporary/Hourly)
Page2 o/2
Please also be aware of the following information related to your employment as an hourly/unbenefited employee:
• You are limited to working no more than 1,000 hours in a fiscal year. If you qualify as a retired annuitant, you are limited to working no more than 960 hours in a fiscal year. The Town's fiscal year runs from July 1 through June 30.
• Your employment may be terminated at any time and is not subject to appeal. • You are a non-exempt employee and therefore covered by the provisions of the Fair Labor Standards Act (FLSA). For FLSA overtime purposes, your work period begins at midnight on Sunday and ends seven consecutive days later at 11:59 p.m. on Saturday.
During your first week of employment, you will participate in an orientation session with a member of the Human Resources staff. At your orientation with Human Resources, you will be required to provide documents that establish both identity and employment eligibility to work in the United States, as required by the U.S. Department of Homeland Security Form 1-9. More information about this process and your orientation will be emailed to you once the background process has been successfully completed.
To accept this conditional offer of emplbyment, please sign below and return the signed copy of this letter via email or in person no later than 5:00 p.m. on Wednesday, July 26, 2023. If you have any questions, please contact Mary Blekh, Human Resources Technician, at (408) 399- 5739 or [email protected].
We are excited to welcome you to the Town of Los Gatos community and the Town Manager's Office. We are confident that you will enjoy the exceptional employees, beautiful community, and challenges of this position!
Sincerely,
ATTACHMENT 2
ATTACHMENT 3
PREPARED BY: Katy Nomura
Assistant Town Manager
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 9/19/2023
ITEM NO: 8
ADDENDUM
DATE: September 15, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Amended Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Paul Horvat as the Temporary Emergency Services Coordinator in the Town Manager’s Office
RECOMMENDATION:
Adopt an Amended Resolution (Attachment 4) for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Paul Horvat as the temporary Emergency Services Coordinator in the Town Manager’s Office.
REMARKS:
The September 14, 2023 staff report included a recommendation to rescind Resolution 2023- 047 in addition to adopting an amended resolution. After further coordination with CalPERS, it was determined that Resolution 2023-047 should not be rescinded. A revised amended resolution removing the rescission is now included as Attachment 4.
Staff recommends that the Town Council adopt this Amended Resolution (Attachment 4) for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Paul Horvat as the temporary Emergency Services Coordinator in the Town Manager’s Office.
Attachments previously received with the staff report:
1. CalPERS Amended Resolution for a 180-Day Wait Period Exception and Appointment of Paul Horvat as the Temporary Emergency Services Coordinator
2. Conditional Offer Letter
3. Final Offer Letter
PAGE 2 OF 2
SUBJECT: Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Paul Horvat as the Temporary Emergency Services Coordinator DATE: September 14, 2023
Attachments received with this Addendum:
4. Revised CalPERS Amended Resolution for a 180-Day Wait Period Exception and Appointment of Paul Horvat as the Temporary Emergency Services Coordinator
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Draft Resolution Date
ATTACHMENT 4
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS Gov. Code sections 7522.56 & 21224
September 19, 2023
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the Town Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Paul Horvat will retire from the City of Santa Cruzin the position of Emergency Services Manager effective September 20, 2023; and
WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is March 18, 2024 without this certification resolution; and
WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the Town Council, the Town of Los Gatos and Paul Horvat certify that Pau Horvat has not and will not receive a Golden Handshake or any other retirementrelated incentive; and WHEREAS, On September 5, 2023, the Town Council adopted Resolution 2023-047 to waive the 180-day requirement for Paul Horvat, who was selected for the temporary Emergency Services Coordinator position in the Town Manager’s Office; and WHEREAS, the Town has received correspondence from CalPERS requesting clarification with regard to the classification upon which the salary for this position is based; and WHEREAS, the Town needs to revise its Resolution to provide the requested clarification to CalPERS; and
WHEREAS, the Town Council adopts an Amended Resolution for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Paul Horvat as the temporary Emergency Services Coordinator in the Town Manager’s Office; and
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ATTACHMENT 4
WHEREAS, the Town Council hereby appoints Paul Horvat as an extra help retired annuitant to perform the duties of the Emergency Services Coordinator for the Town of Los Gatos under Gov. Code section 21224, effective September 20, 2023; and WHEREAS, the entire employment agreement, contract or appointment document between Paul Horvat and the Town of Los Gatos has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the Emergency Services Coordinator duties are most comparable to a subset of duties in the Community Outreach Coordinator classification; and WHEREAS, the maximum monthly base salary for the classification of Community Outreach Coordinator is $10,902.65 and the hourly equivalent is 62.90, and the minimum monthly base salary for the classification is $8,075.58 and the hourly equivalent is $46.59; and WHEREAS, the hourly rate paid to Paul Horvat will be $60.00; and WHEREAS, Paul Horvat has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the Town Council hereby certifies the nature of the appointment of Paul Horvat as described herein and detailed in the attached employment appointment document and that this appointment is necessary to fill the critically needed position of Emergency Services Coordinator for the Town of Los Gatos by September 20, 2023 because the Emergency Services Coordinator role is essential to the implementation of the Town’s disaster response program and the Emergency Operations Center function.
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Draft Resolution Date
ATTACHMENT 4
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the ______ day of _____________, 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
____________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
SIGNED:
_________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
PREPARED BY: Katy Nomura
Assistant Town Manager
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/19/2023
ITEM NO: 8
DATE: September 14, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Rescind Resolution 2023-046 and Adopt an Amended Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Sean Rose as the Temporary Capital Projects Manager in the Parks and Public Works Department
RECOMMENDATION:
Rescind Resolution 2023-046 and adopt an Amended Resolution for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Sean Rose as the temporary Capital Projects Manager in the Parks and Public Works Department (Attachment 1).
BACKGROUND:
The Town has an existing agreement with the California Public Employees’ Retirement System (CalPERS) to provide its retirement program to employees. The CalPERS retirement program is governed by Public Employees’ Retirement Law (PERL). PERL contains the rules and regulations that a contracting agency must adhere to related to the hire of a CalPERS retiree, referred to as a retired annuitant. PERL requires that a non-safety retired annuitant may not work for a CalPERS contracting agency unless the retired annuitant has been retired for at least 180 days (Gov. Code section 7522.56). In lieu of the 180-day wait period, an agency’s governing body may approve a resolution to waive the 180 days.
On August 15, 2023, the Town Council adopted a resolution to waive the 180-day requirement for Sean Rose who was tentatively selected for the temporary Capital Projects Manager position in the Parks and Public Works Department.
PAGE 2 OF 2
SUBJECT: Adopt an Amended Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Sean Rose as the Temporary Capital Projects Manager
DATE: September 14, 2023
BACKGROUND (Continued):
On September 5, 2023, the Town Council adopted an amended resolution to adjust for the fact that Mr. Rose changed his retirement date to September 13, 2023.
DISCUSSION:
Upon submitting the documentation to CalPERS, CalPERS recommended clarifying in the resolution that Mr. Rose’s duties would most closely align with a subset of the Parks and Public Works Director duties and to use the Director pay rates for the comparable maximum and minimum base salaries. The amended resolution reflects these changes.
CONCLUSION:
Due to the clarification requested, staff recommends that the Town Council rescind the prior Resolution 2023-046 and adopt an Amended Resolution to waive the CalPERS 180-day wait period and appoint Sean Rose to the temporary Capital Projects Manager position effective September 13, 2023.
FISCAL IMPACT:
It is anticipated that the hire of a retired annuitant will result in overall budget savings, given that the retiree will not be eligible for benefits related to permanent employment except the Town’s contribution to Medicare.
This position is funded through the Parks and Public Works Department, and the salary is paid via reimbursement from project related funds. There is no impact to the General Fund from this position and the cost of staff time is already accounted for in the project budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. CalPERS Amended Resolution for a 180-Day Wait Period Exception and Appointment of Sean Rose as the Temporary Capital Projects Manager
2. Conditional Offer Letter
3. Final Offer Letter
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Draft Resolution Date
ATTACHMENT 1
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS Gov. Code sections 7522.56 & 21224
September 19, 2023
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the Town Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is March 11, 2024 without this certification resolution; and
WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the Town Council, the Town of Los Gatos and Sean Rose certify that Sean Rose has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, On August 15, 2023, the Town Council adopted Resolution 2023-044 to waive the 180-day requirement for Sean Rose, who was tentatively selected for the temporary Capital Project Manager position in the Parks and Public Works Department; and WHEREAS, on September 5, 2023, after Mr. Rose changed his retirement date, the Town Council rescinded Resolution 2023-044 and adopted Amended Resolution 2023-046 for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Sean Rose as the temporary Capital Project Manager in the Parks and Public Works Department; and
WHEREAS, the Town has received correspondence from CalPERS requesting clarification with regard to the classification upon which the salary for this position is based; and WHEREAS, the Town needs to revise its Resolution to provide the requested clarification to CalPERS; and
WHEREAS, the Town Council rescinds Resolution 2023-046 and adopts an Amended Resolution for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Sean Rose as the temporary Capital Projects
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ATTACHMENT 1
Manager in the Parks and Public Works Department; and
WHEREAS, the Town Council hereby confirms and restates its appointment of Sean Rose as an extra help retired annuitant to perform the duties of Capital Project Manager (temporary/hourly) for the Town of Los Gatos under Gov. Code section 21224, effective September 13, 2023; and
WHEREAS, the entire employment agreement, contract or appointment document between Sean Rose and the Town of Los Gatos has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the Capital Project Manager duties are most comparable to a subset of duties in the Parks and Public Works Director classification; and WHEREAS, the maximum monthly base salary for the classification of Parks and Public Works Director is $20,212.36 and the hourly equivalent is $116.61, and the minimum monthly base salary for the classification is $14, 972.50 and the hourly equivalent is $86.38; and WHEREAS, the hourly rate paid to Sean Rose will be $108.15; and WHEREAS, Sean Rose has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the Town Council hereby rescinds Resolution 2023- 046 and adopts this Resolution certifying the nature of the appointment of Sean Rose as described herein and detailed in the attached employment appointment document and that this appointment is necessary to fill the critically needed position of Capital Project Manager for the Town of Los Gatos by September 13, 2023 because the Capital Project Manager role is essential to the design and construction management of critical projects and overall administration of the Town’s Capital Improvement Program (CIP) to improve the Town’s public infrastructure.
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Draft Resolution Date
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the _______ day of _______, 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
July 26, 2023
Sean Rose
Dear Sean,
TOWN OF Los GATOS
Human Resources Department
( 408) 399-5718 FAX: (408) 395-8640
CIVIC CENTER
110 E. MAIN STREET
Los GATOS, CA 95030
www.losgatosc.a.gov
Congratulations! The Town of Los Gatos is pleased to extend to you a conditional offer of employment for the position of Capital Projects Manager (Temporary/Hourly) with the Parks & Public Works Department.
Employment Status: At-will, un-benefited, temporary/hourly Start Date: TBD
Hourly Pay Rate: $108.15 per hour
Job Title: Capital Projects Manager (Temporary/hourly)
SupeNisor: Nicolle Burnham
Department: Parks & Public Works
This offer of employment is subject to the following:
1. Background Check: You must pass a Department of Justice Criminal Records Check according to guidelines established by the Town of Los Gatos. Fingerprinting is administered by the Los Gatos-Saratoga Recreation Center. You must complete a verification of education and employment survey. A reference check will also be conducted with the references provided.
2. CalPERS Requirements: If you plan to retire before your tenure in this position, then all CalPERS requirements must be met prior to your start date. This includes the Town's submission of a request for an exception to the CalPERS 180-day waiting period requirement via a Council resolution submitted to CalPERS. The timing of the resolution submission and your start date will be based on the following:
A. If you are retiring at or higher than your normal retirement age, then the Council resolution can be submitted following your successful passage of the background check, and your start date can be any time following submission, on a date agreed upon by you and the Town.
B. If you retire under your highest normal retirement age, then you will be subject to CalPERS' bona fide separation requirements: the Council resolution cannot be submitted prior to your retirement date, and your start date must be at least 60 days following your retirement date.
ATTACHMENT 2 Page 133
Conditional Offer of Employment-Sean Rose
Capital Projects Manager (Temporary/Hourly)
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Please also be aware of the following information related to your employment as an hourly /unbenefited employee:
• You are limited to working no more than 1,000 hours in a fiscal year. If you qualify as a retired annuitant, you are limited to working no more than 960 hours in a fiscal year. The Town's fiscal year runs from July 1 through June 30.
• Your employment may be terminated at any time and is not subject to appeal. • You are a non-exempt employee and therefore covered by the provisions of the Fair Labor Standards Act (FLSA). For FLSA overtime purposes, your work period begins at midnight on Sunday and ends seven consecutive days later at 11:59 p.m. on Saturday.
During your first week of employment, you will participate in an orientation session with a member of the Human Resources staff. At your orientation with Human Resources, you will be required to provide documents that establish both identity and employment eligibility to work in the United States, as required by the U.S. Department of Homeland Security Form I 9. More information about this process and your orientation will be emailed to you once the background process has been successfully completed.
To accept this conditional offer of employment, please sign below and return the signed copy of this letter via email or in person no later than 5:00 p.m. on Monday. July 31, 2023. Please also complete and sign the reference check release form attached to this letter so that we can initiate the background check process. If you have any questions, please contact Mary Blekh, Human Resources Technician, at (408) 399-5739 or [email protected].
We are excited to welcome you to the Town of Los Gatos community and the Town Manager's Office. We are confident that you will enjoy the exceptional employees, beautiful community, and challenges of this position!
Sincerely,
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Salina Flores
Human Resources Director
ACCEPTANCE OF TEMPORARY, HOURLY APPOINTMENT:
I accept the offer on the terms and conditions outlined above.
Signature (Sean Rose)
ATTACHMENT 3 Page 135
PREPARED BY: Katy Nomura
Assistant Town Manager
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/19/2023
ITEM NO: 9
ADDENDUM
DATE: September 15, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Amended Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Sean Rose as the Temporary Capital Projects Manager in the Parks and Public Works Department
RECOMMENDATION:
Adopt an Amended Resolution (Attachment 4) for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Sean Rose as the temporary Capital Projects Manager in the Parks and Public Works Department.
REMARKS:
The September 14, 2023 staff report included a recommendation to rescind Resolution 2023- 046 in addition to adopting an amended resolution. After further coordination with CalPERS, it was determined that Resolution 2023-046 should not be rescinded and that this item should be placed under Other Business. A revised amended resolution removing the rescission is now included as Attachment 4.
Staff recommends that the Town Council adopt this Amended Resolution (Attachment 4) for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Sean Rose as the temporary Capital Projects Manager in the Parks and Public Works Department.
Attachments previously received with the Staff Report:
1. CalPERS Amended Resolution for a 180-Day Wait Period Exception and Appointment of Sean Rose as the Temporary Capital Projects Manager
2. Conditional Offer Letter
3. Final Offer Letter
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SUBJECT: Adopt an Amended Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Sean Rose as the Temporary Capital Projects Manager
DATE: September 15, 2023
Attachments received with this Addendum:
4. Revised CalPERS Amended Resolution for a 180-Day Wait Period Exception and Appointment of Sean Rose as the Temporary Capital Projects Manager
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Draft Resolution Date
ATTACHMENT 4
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS Gov. Code sections 7522.56 & 21224
September 19, 2023
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the Town Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is March 11, 2024 without this certification resolution; and
WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the Town Council, the Town of Los Gatos and Sean Rose certify that Sean Rose has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, On August 15, 2023, the Town Council adopted Resolution 2023-044 to waive the 180-day requirement for Sean Rose, who was selected for the temporary Capital Project Manager position in the Parks and Public Works Department; and WHEREAS, on September 5, 2023, after Mr. Rose changed his retirement date, the Town Council adopted Amended Resolution 2023-046 for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Sean Rose as the temporary Capital Project Manager in the Parks and Public Works Department; and WHEREAS, the Town has received correspondence from CalPERS requesting clarification with regard to the classification upon which the salary for this position is based; and WHEREAS, the Town needs to revise its Resolution to provide the requested clarification to CalPERS; and
WHEREAS, the Town Council adopts an Amended Resolution for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Sean Rose as the temporary Capital Projects Manager in the Parks and Public Works Department; and
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Draft Resolution Date
ATTACHMENT 4
WHEREAS, the Town Council hereby appoints Sean Rose as an extra help retired annuitant to performthe duties of Capital Project Manager (temporary/hourly) forthe Town of Los Gatos under Gov. Code section 21224, effective September 13, 2023; and WHEREAS, the entire employment agreement, contract or appointment document between Sean Rose and the Town of Los Gatos has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the Capital Project Manager duties are most comparable to a subset of duties in the Parks and Public Works Director classification; and WHEREAS, the maximum monthly base salary for the classification of Parks and Public Works Director is $20,212.36 and the hourly equivalent is $116.61, and the minimum monthly base salary for the classification is $14, 972.50 and the hourly equivalent is $86.38; and WHEREAS, the hourly rate paid to Sean Rose will be $108.15; and WHEREAS, Sean Rose has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the Town Council hereby certifies the nature of the appointment of Sean Rose as described herein and detailed in the attached employment appointment document and that this appointment is necessary to fill the critically needed position of Capital Project Manager for the Town of Los Gatos by September 13, 2023 because the Capital Project Manager role is essential to the design and construction management of critical projects and overall administration of the Town’s Capital Improvement Program (CIP) to improve the Town’s public infrastructure.
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Draft Resolution Date
ATTACHMENT 4
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the _______ day of _______, 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
PREPARED BY: Jennifer Armer, AICP
Planning Manager
__________________________________________________________________________________________ Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/19/2023
ITEM NO: 10
DATE: September 14, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider an Appeal of a Planning Commission Decision to Approve the Demolition of One Existing Office and Four Residential Buildings, Construction of an Assisted Living and Memory Care Facility, Variance from the Maximum Height and Lot Coverage of the Zone, Merger of Four Lots Into One, and Removal of Large Protected Trees on Property Zoned Office. Located at 15860 -15894 Winchester Boulevard and 17484 Shelburne Way. APNs 529- 11-013, -038, -039, and -040. Architecture and Site Application S-21-008, Conditional Use Permit Application U-21-010, Variance Application V-21-003, Subdivision Application M-22-008, and Mitigated Negative Declaration ND22-001. An Initial Study and Mitigated Negative Declaration Have Been Prepared for This Project. Applicant/Property Owner: Green Valley Corp. d.b.a. Swenson. Appellant: Eric Hulser. Project Planner: Jennifer Armer.
RECOMMENDATION:
Deny an appeal of a Planning Commission decision to approve the demolition of one existing office and four residential buildings, construction of an assisted living and memory care facility, variance from the maximum height and lot coverage of the zone, merger of four lots into one, and removal of large protected trees on property zoned Office.
BACKGROUND:
The subject site is the combination of four parcels forming an approximately 1.31-acre site at the intersection of Winchester Boulevard and Shelburne Way (Attachment 1, Exhibit 2). The site is currently developed with three single-family residences; a single-family residential structure which is currently occupied by a commercial construction business; and multiple
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SUBJECT: 15860-15894 Winchester Boulevard and 17484 Shelburne Way/S-21-008, U-21- 010, V-21-003, M-22-008, and ND-22-001
DATE: September 14, 2023
BACKGROUND (continued):
detached accessory structures for a total of nine structures on the site. The existing zoning is Office (O), and the General Plan land use designation is Office Professional.
On October 17, 2017, Town Council approved a previously proposed office building on the site.
The office building was not built and those previous approvals have now expired. Because of the extensive input from the public, Planning Commission, and Town Council during that previous planning permit review, the current applicants chose not to return to the Conceptual Development Advisory Committee for any review of the current proposal.
An application has been filed by Jessie Bristow of Swenson Builders requesting approval for demolition of one existing office and four residential buildings and associated detached structures, construction of an assisted living and memory care facility, variance from the maximum height and lot coverage for the zone, merger of four lots into one, and removal of large protected trees.
A Draft Mitigated Negative Declaration (MND) for the project was prepared and circulated for a 20-day public review period from July 1, 2022, through July 21, 2022 (available online at https://www.losgatosca.gov/DocumentCenter/Index/1823).
On November 1, 2022, Town Council granted the applicant’s request for an exception to the Story Pole Policy to allow an alternative to standard story pole installation to illustrate and provide notice of the proposed project by allowing two rows of orange flags to be installed in place of the standard orange netting.
On April 4, 2023, Town Council granted a second request from the applicant to allow a further exception to the Story Pole Policy to require large signage (but no larger than 32 square feet each) with bright colors that links to a video rendering and also informs residents that the current story poles may not be representative of the final project, with posted signage on each parcel, instead of the two rows of orange flags previously approved.
The new requirements were completed prior to noticing for this hearing. The video rendering is available for viewing online here:
https://drive.google.com/open?id=1fJyzZYoRtT0SZynO_bkfnDLpiEl812rC&usp=drive_fs On August 9, 2023, the Planning Commission considered the proposed project (Attachments 1 through 4). The Planning Commission approved the project with two additional conditions requiring a reduction in height and planting of evergreen screening trees (Attachment 5, Conditions 3 and 4).
On August 21, 2023, the Planning Commission decision was appealed by a neighbor (Attachment 6).
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SUBJECT: 15860-15894 Winchester Boulevard and 17484 Shelburne Way/S-21-008, U-21- 010, V-21-003, M-22-008, and ND-22-001
DATE: September 14, 2023
BACKGROUND (continued):
Pursuant to the Town Code, any interested person as defined by Section 29.10.020 may appeal to the Council any decision of the Planning Commission. For residential projects, an interested person is defined as “a person or entity who owns property or resides within 1,000 feet of a property for which a decision has been rendered and can demonstrate that their property will be injured by the decision.” The appellant meets the requirements.
Pursuant to Town Code Section 29.20.280, the appeal must be heard within 56 days of the Planning Commission hearing and in this case, by October 4, 2023. The Council must at least open the public hearing for the item and may continue the matter to a date certain if the Council does not complete its deliberations on the item.
Pursuant to Town Code Section 29.20.295, in the appeal, and based on the record, the appellant bears the burden to prove that there was an error or abuse of discretion by the Planning Commission, or the Planning Commission decision was not supported by substantial evidence in the record as required by Section 29.20.275. If neither is proved, the appeal should be denied. If the appellant meets the burden, the Town Council shall grant the appeal and may modify, in whole or in part, the determination from which the appeal was taken or, at its discretion, return the matter to Planning Commission. If the basis for granting the appeal is, in whole or in part, information not presented to or considered by the Planning Commission, the matter shall be returned to the Planning Commission for review.
DISCUSSION:
A. Project Summary
There are four existing parcels previously approved to be merged into a single 1.3-acre parcel. That planning approval expired, and so the current project includes a new subdivision application to allow for completion of the lot merger.
The proposed project would create a new three-story assisted living and memory care facility totaling 81,633 square feet and consisting of 107 assisted living units and 18 memory care units, with 54 parking spaces (Attachment 1, Exhibits 6 and 12).
The proposed building has a front setback of 25 feet along Winchester Boulevard to the west; a streetside setback of 15 feet along Shelburne Way to the north; a side setback of 13 feet nine inches bordering the multi-family residential to the south; and a rear setback of 20 feet bordering the veterinary hospital and residential to the east.
The proposed 81,633-square foot assisted living and memory care building is proposed to be between 35 feet and 50 feet in height, stepping up with the slope of the lot and down
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SUBJECT: 15860-15894 Winchester Boulevard and 17484 Shelburne Way/S-21-008, U-21- 010, V-21-003, M-22-008, and ND-22-001
DATE: September 14, 2023
DISCUSSION (continued):
toward the adjacent multi-family residential to the south. Materials would consist of sand textured stucco, stucco foam trim, metal railings, Tuscan style columns, and Spanish tile roof. The proposed building materials and colors are provided on Sheet A-6.1 of Attachment 1, Exhibit 12.
The proposed three-story assisted living and memory care building would include a portecochere feature at the entrance of the building. The ground floor would include a lobby/lounge area, reception desk area, activity room, wellness center, dining rooms, kitchen, and outdoor courtyards for shared use by the residents and their guests. The ground floor would also include staff offices, 14 assisted living units and 18 memory care units. Below the ground floor, the basement level would include a library, theater, laundry, staff lounge, staff offices, below grade parking garage, and 14 assisted living units. The second floor proposes 53 assisted living units, a lounge, a salon, and housekeeping space.
The third floor proposes 26 assisted living units, a fitness room, a lounge, and an outdoor roof deck.
B. Planning Commission
On August 9, 2023, the Planning Commission received the staff report, addendum, and desk item (Attachments 1 through 3), opened the public hearing, and considered testimony from the applicant and the public (Attachment 4). The appellant was present at this meeting and spoke in opposition to the proposed project. After asking questions of the applicant, the Planning Commission closed the public hearing and discussed the project. The Commission voted five to two to approve the project with two additional conditions of approval (Attachment 5).
C. Appeal to Town Council
The decision of the Planning Commission was appealed on August 21, 2023, by an interested person, Eric Hulser (Attachment 6). The specific reasons listed in the appeal form are provided below verbatim, followed by the applicant’s response in italic font and staff’s analysis. The applicant’s full response letter to the appeal is included as Attachment 7.
1. Appellant: Town staff were unable to make the required findings for the height and lot coverage variances and recommended denial.
Applicant: Staff could make the findings for one variance and support (sic) the project.
Staff could not make the findings for both variances and requested the Planning Commission to evaluate supporting both variances based on applicant’s effort to minimize the impacts of the height variance.
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SUBJECT: 15860-15894 Winchester Boulevard and 17484 Shelburne Way/S-21-008, U-21- 010, V-21-003, M-22-008, and ND-22-001
DATE: September 14, 2023
DISCUSSION (continued):
Staff analysis: Staff’s recommendation to the Planning Commission was for denial of the requested variances, as staff is in most cases working to ensure projects comply with applicable regulations. Planning Commission considered staff’s recommendation along with the applicant’s justification and explanation of the work they had done to reduce the extent of the requested variances. Based on the record and additional conditions of approval, the Planning Commission found that they could make the findings for the variances and approved the project (Attachment 4).
2. Appellant: The project design, not site constraints, were the driving factor for the variance request.
Applicant: To have a functional facility based on the permitted use and viability for operation, the proposed project needs adequate units to afford the required state services and support space. Additionally, due to the nature of use, the project needs to maintain safe and functional access, and cannot be stepped with the terrain as would a residential facility. The layout serves to meet ADA and California Accessibility requirements.
Staff analysis: Planning Commission discussion included consideration of the appropriateness of the use on this site, the constraints that the site placed on the proposed use, and the potential impacts of the use and building on surrounding sites.
The Planning Commissioners expressed more concern with the height variance request than with the lot coverage variance request. With the reduced height and privacy screening (as conditioned), the Planning Commission was able to make the findings for the project, including the proposed variances.
3. Appellant: Project site is already developed with several buildings and driveway areas; topography has already been altered to accommodate the development.
Applicant: We are unsure what point the appellant is trying to make with this comment.
Staff analysis: There are already some buildings on the site, but there is still approximately 15 feet of elevation change between the corner of Winchester Boulevard and Shelburne Way and a low point of approximately 368 at the opposite corner (Attachment 1, Exhibit 13, Sheet C-1.1).
4. Appellant: Site topography does not present a special circumstance; other properties in the vicinity have similar topography and their development pattern “steps down with the slope.”