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 Zoom Webinar (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.
HOW TO PARTICIPATE
The public is welcome to provide oral comments in real-time during the meeting in three ways:
Zoom Webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device. Please use this URL to join: https://losgatoscagov.zoom.us/j/82232739012?pwd=1zlbRu029_33oyBb9l3AyTZQ7D2MEQ.kN8FbuOklNsmz-Jj Passcode: 793054 You can also type in 822 3273 9012 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join and use passcode 793054. o When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand.
Telephone: Please dial (877) 336-1839 for US Toll-free or (636) 651-0008 for US Toll. (Conference code: 1052180)
o If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: Please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak.
NOTES: (1) Comments will be limited to three (3) minutes or less at the Mayor’s discretion. (2) 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). All comments received will become part of the record.
(3) Deadlines to submit written comments are:
11:00 a.m. the Thursday before the Council meeting for inclusion in the agenda packet. 11:00 a.m. the Monday before the Council meeting for inclusion in an addendum. 11:00 a.m. on the day of the Council meeting for inclusion in a desk item. (4) Persons wishing to make an audio/visual presentation must submit the presentation electronically to [email protected] no later than 3:00 p.m. on the day of the Council meeting.
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
AUGUST 06, 2024
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
Mary Badame, Mayor
Matthew Hudes, Vice Mayor
Rob Moore, Council Member
Rob Rennie, Council Member
Maria Ristow, Council Member
CALL MEETING 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
PRESENTATIONS
i. Commendation for West Valley Community Services 50th Anniversary.
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 Page 1 of this agenda.
If an item is removed, the Mayor has the sole discretion to determine when the item will be heard.)
1. Approve Minutes of the June 18, 2024 Closed Session Town Council Meeting.
2. Approve Minutes of the June 18, 2024 Town Council Meeting.
3. Approve Minutes of the July 1, 2024 Town Council Special Meeting.
4. Approve Minutes of the July 8, 2024 Closed Session Town Council Meeting.
5. Approve Minutes of the July 25, 2024 Closed Session Town Council Meeting.
6. Approve Minutes of the July 26, 2024 Closed Session Town Council Meeting.
7. Approve Minutes of the July 30, 2024 Closed Session Town Council Meeting.
8. Approve Modifications to Town Council Policy 2-01: Agenda Format and Rules to Allow Only In-Person Public Participation in Town Council Closed Sessions.
9. Receive the Monthly Financial and Investment Report for May 2024.
10. Authorize the Following Actions for Town Janitorial Services:
a. Authorize the Town Manager to Execute a Four-Year, Nine-Month Agreement for Services with Frank and Grossman Landscape Contractors, Inc. for Janitorial Services Including a Contingency for Unforeseen Work for a Total Agreement Amount of $1,270,370; and
b. Authorize an Expenditure Budget Adjustment in an Amount of $40,658 from the Available Special/Capital Projects Reserve.
11. Adopt an Ordinance Amending the Town’s Curfew Ordinance.
Ordinance Title: “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 18, ‘Offenses and Miscellaneous Provisions,’ Article III, ‘Minors,’ and Division 2, ‘Curfew,’ of the Town of Los Gatos Town Code”.
12. Authorize the Town Manager to Execute a Sixth Amendment to a Special Services Agreement with Liebert Cassidy Whitmore (LCW) to Update the Fee Schedule for Hourly Rates.
13. Adopt a Resolution Establishing Development Agreement Procedures.
14. Approve and Authorize the Town Manager to Execute a Memorandum of Understanding Between the Town of Los Gatos and the American Federation of State, County, and
Municipal Employees (AFSCME), and Authorize an Expenditure Budget Adjustment in the Amount of $84,199 from the Available General Fund Capital/Special Projects Reserve.
15. Approve and Authorize the Town Manager to Execute a Memorandum of Understanding Between the Town of Los Gatos and the Town Employees’ Association, and Authorize an Expenditure Budget Adjustment in the Amount of $548,131 from the Available General Fund Capital/Special Projects Reserve.
16. Vegetation Management – Townwide Open Spaces Project (CIP No. 832-4508):
a. Adopt the “Vegetation Management Plan for the Town of Los Gatos, Santa Clara County, California” Dated June 2021;
b. Adopt the Findings of the Project Specific Analysis and Addendum to the Programmatic Environmental Impact Report for the California Vegetation Treatment Program, Including the Mitigation and Monitoring Reporting Program; c. Authorize the Town Manager to Execute an Agreement for Services with Sequoia Ecological Consulting in the Amount of $181,165 for the Vegetation Management – Townwide Open Spaces Project (CIP No. 832-4508); and
d. Authorize Revenue and Expenditure Budget Adjustments to the Vegetation Management – Townwide Open Spaces Project (CIP No. 832-4508) to Recognize Receipt and Expenditure of FEMA Hazard Mitigation Grant Program (HMPG) Funds in the Amount of $1,591,344.75 for the 75 Percent Federal Share of the Project Costs and $35,974.97 for the 100 Percent Federal Share of Subrecipient Management Costs (SRMC).
17. Americans with Disabilities Act (ADA) Upgrade Public Restroom – Adult Recreation Building (CIP No. 821-2601):
a. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for Construction of an Americans with Disabilities Act (ADA) Compliant Public Restroom in the Adult Recreation Building Completed by Tucker Construction, Inc., and Authorize the Town Clerk to File for Recordation (CIP No. 821-2601); b. Authorize an Expenditure Budget Decrease of Community Development Block Grant (CDBG) Funds in an Amount of $218,979; and
c. Authorize an Expenditure Reclassification from Grant Fund to General Fund Appropriated Reserve (GFAR) in an amount of $50,361.26.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda and is within the subject matter jurisdiction of the Town Council. The law generally prohibits the Town Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. 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. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.) OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
18. Receive a Report from the Community Health and Senior Services Commission Regarding Progress on Year-One Goals of the Senior Roadmap, and Provide Direction on Year-One and Year-Two Goals.
19. Provide Direction on Senior Services Coordinator Options.
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.)
20. Conduct a Public Hearing to Consider Objections to the 2024 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
21. Review Consultant Proposal and Cost Estimate, and Provide Direction on Next Steps for Potential Revisions to the Town’s Objective Design Standards.
COUNCIL / MANAGER MATTERS
CLOSED SESSION REPORT
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.)
ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354- 6834.
Notification at least two (2) business days prior to the meeting date will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR §35.102-35.104]
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 08/06/2024
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, June 18, 2024
The Town Council of the Town of Los Gatos conducted a Special Meeting in-person and utilizing teleconferencing means on Tuesday, June 18, 2024, at 5:15 p.m. to hold a Closed Session to discuss property negotiations and labor negotiations.
MEETING CALLED TO ORDER AT 5:16 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, and Council Member Maria Ristow.
Absent: None
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
Nancy Rollett
- Commented on the 55+ program, requested the reinstatement of the Senior Coordinator position, suggested modifying the list of 55+ services in the lease, and spoke about co-sharing the costs of parking spaces on the north side of the building.
Greg Acker, President of the Homeowners Association for Forbes Mill - Commented on possible uses for the Forbes Mill property.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: 75 Church Street (Forbes Mill) and 4 Tait Avenue (Firehouse) Agency negotiator: Laurel Prevetti, Town Manager
Negotiating parties: Town of Los Gatos
Under negotiation: Terms of purchase, sale, exchange, or lease
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: 108 E Main Street (Adult Recreation Center)
Agency negotiator: Laurel Prevetti, Town Manager
Negotiating parties: Town of Los Gatos and Los Gatos-Saratoga Recreation Under negotiation: Terms of purchase, sale, exchange, or lease
3. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) To meet with Town Negotiators listed below in closed session pursuant to Government Code §54957.6 regarding negotiations with the Employee Organizations listed below:
Town Negotiator: Katy Nomura, Assistant Town Manager
Employee Organization: Town Employees Association (TEA)
ITEM NO. 1.
PAGE 2 OF 2
SUBJECT: Draft Minutes of the Special Town Council Meeting of June 18, 2024 DATE: July 17, 2024
The Town Council reconvened in open session. The Town Attorney stated the Town Council discussed real property negotiations pursuant to Government Code Section 54956.8 and labor negotiations pursuant to Government Code 54957.6 and there was no reportable action.
ADJOURNMENT
The meeting adjourned at 6:25 p.m.
Attest: Submitted by:
___________________________ ___________________________ Wendy Wood, Town Clerk Laurel Prevetti, Town Manager
ITEM NO. 1.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/06/2024
ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
Tuesday, June 18, 2024
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, June 18, 2024, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, Council Member Maria Ristow.
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Badame led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
The Mayor presented a proclamation for Parks & Open Space.
The Mayor presented commendations from the Town of Los Gatos and County of Santa Clara Board of Supervisors to Town Manger Laurel Prevetti.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Closed Session Minutes of the June 4, 2024, Town Council Meeting.
2. Approve Minutes of the June 4, 2024, Town Council Meeting.
3. Receive the Monthly Financial and Investment Report for April 2024.
4. Authorize the Town Manager to Execute a Second Amendment to Agreement for Services with H. A. Bowen Electric Inc. to Extend the Term through June 30, 2026, and Increase the Compensation Amount by $48,000 for a Total Agreement Amount Not to Exceed $145,335.
5. Authorize the Town Manager to Execute a Lease Agreement with the Friends of the Los Gatos Library for the Property Located at 108 E. Main St.
6. Shannon Road Pedestrian and Bikeways Improvement Project (CIP No. 813-0218):
a. Award and Authorize the Town Manager to Execute a Contract with Sposeto Engineering Inc. in an Amount Not to Exceed $2,115,930.50; b. Authorize the Town Manager to Execute Change Orders in an Amount Not to Exceed Ten Percent (10%) of the Contract Award Amount ($211,593); c. Approve the Project Construction Plans with Addenda as Required by Government Code 830.6 – Design Immunity;
ITEM NO. 2.
PAGE 2 OF 13
SUBJECT: Draft Minutes of the Town Council Meeting of June 18, 2024 DATE: June 18, 2024
d. Authorize an Expenditure Budget Increase From Storm Drain Basin #1 Funds in an Amount of $447,717; and
e. Authorize an Expenditure Budget Decrease of Underground Utility Funds in an Amount of $48,003.
7. Stormwater Network Mapping Services (CIP No. 816-0425):
a. Award and Authorize the Town Manager to Execute a Contract with NCE in an Amount Not to Exceed $380,700;
b. Authorize the Town Manager to Execute Change Orders in an Amount Not to Exceed Ten Percent (10%) of the Contract Award Amount ($38,070).
8. Authorize the Town Manager to Execute a Revised Master Service Agreement with Flock Safety Group Inc. for Stationary Automated License Plate Readers (ALPR) in the Amount $255,000 for a Sixty-Month Term and Authorize the Town Manager to Enter into Amendments as Necessary for up to an Additional $40,000 for a Total Agreement Not to Exceed $295,000 Over the Agreement Term.
9. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services with Pro-Sweep, Inc. for Power-Washing Services to Extend the Term Through December 31, 2024, and Increase the Compensation by $32,760 for a Total Amount not to Exceed $410,539.
10. Approve and Authorize the Town Manager to Execute a Side Letter of Agreement Between the Town of Los Gatos and the Police Officers Association (POA) to Modify the Vacation Accrual Cap through June 30, 2025.
11. Highway 17 Bicycle and Pedestrian Overcrossing (Project No. 818-0803):
a. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Consultant Services with BKF Engineers Inc. for Additional Environmental Consulting Services in the amount of $39,000 for a Total Agreement Not to Exceed $3,087,735; and
b. Authorize an Expenditure Budget Adjustment in the Amount of $34,822 to Authorize the Allocation to the Previously Received Transportation Development Act Article 3 Grant Receipt.
12. Approve Change to Existing Purchase Order with Baker and Taylor Not to Exceed $115,800.
13. Authorize the Town Manager to Execute a Fifth Amendment to a Special Services Agreement with Liebert Cassidy Whitmore (LCW) to Increase Compensation in the Amount of $120,000 for a Total Contract Amount Not to Exceed $550,000.
14. Approve an Amendment to the Town Employees Association (TEA) Salary Schedule to Establish a New Classification Title and Salary Range for Senior Transportation Planner.
15. Authorize the Town Manager to Execute an Agreement with Los Gatos-Monte Sereno Safe Routes to School to Provide Education and Encouragement Programs and Crossing Guard Services for a Total Agreement Base Amount Valued at $350,950 Prior to Any Increased Adjustment Made for Consumer Price Index (CPI) Changes.
Vice Mayor Hudes pulled items numbered 6 and 11.
ITEM NO. 2.
PAGE 3 OF 13
SUBJECT: Draft Minutes of the Town Council Meeting of June 18, 2024 DATE: June 18, 2024
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to approve consent items 1-5, 7-10, and 12-15.
Seconded by Vice Mayor Hudes.
VOTE: Motion passed unanimously.
Mayor Badame stated Item 23 will be moved up after Verbal Communications.
VERBAL COMMUNICATIONS
Tevis Ignacio
- Commented on the upcoming World Cup and suggested the Town of Los Gatos as a possible Team Base Camp.
Galit Goldenthal, Jewish Community Relations Council (JCRC) & Jewish Silicon Valley (JSV) - Thanked Town Manager Laurel Prevetti for her service, partnership, and dedication to the community.
Amy Despars
- Commented on concerns with proposed developments in Town, traffic safety, and meeting norms.
PUBLIC HEARINGS
23. Adopt a Resolution and Introduce Ordinances to Place a One-Eighth Cent Sales Tax on the November 2024 Ballot as Either One Measure for a Special Tax or Two Measures for a General Tax and a Companion Advisory Measure to be Adopted by a Separate Resolution; and Authorize a Fiscal Year 2024/25 Expenditure Budget Adjustment of $66,000 for a Single Measure or $132,000 for Two Measures from the Available Capital/Special Projects Reserve.
Katy Nomura, Assistant Town Manager and Gabrielle Whelan, Town Attorney, presented the staff report.
Vice Mayor Hudes commented on a procedural concern.
MOTION: Motion by Vice Mayor Hudes to strike the item from the agenda because it is a reconsideration a previous decision. Seconded by Mayor Badame.
Town Attorney Whelan asked for a brief recess to review the Town’s reconsideration policy.
ITEM NO. 2.
PAGE 4 OF 13
SUBJECT: Draft Minutes of the Town Council Meeting of June 18, 2024 DATE: June 18, 2024
Mayor Badame called a recess at 7:40 p.m.
The meeting reconvened at 7:55 p.m.
Mayor Badame opened public comment.
Jim Foley, Chamber of Commerce
- Commented in support of a general tax measure, as long as it is coupled with the advisory measure and the priorities include public safety, infrastructure, and economic vitality.
Member of the public (no name provided)
- Commented on concerns with the general tax and suggested the Town consider the special tax.
Council discussed the motion.
Vice Mayor Hudes withdrew his motion.
Motion: Motion by Vice Mayor Hudes to consider the special tax as it is written in the agenda and to agendize the discussion of a general tax sometime in the future Seconded by Mayor Badame.
VOTE: Motion passed 4-1. Council Member Moore voted no.
Mayor Badame closed public comment.
Council discussed the special tax.
Motion: Motion by Council Member Ristow not to put a Specific Tax on the ballot in 2024, Seconded by Council Member Moore.
VOTE: Motion passed 4-1. Mayor Badame voted no.
Gabrielle Whelan, Town Attorney asked for a vote to consider a special meeting.
MOTION: Motion by Council Member Ristow to hold a special meeting to consider a General Sales Tax with an accompanying advisory measure at a date to be determined in July. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
ITEM NO. 2.
PAGE 5 OF 13
SUBJECT: Draft Minutes of the Town Council Meeting of June 18, 2024 DATE: June 18, 2024
16. Conduct a Public Hearing to Hear Protests and Authorize the Following Actions for Landscape and Lighting Assessment Districts No. 1 and 2:
a. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Blackwell Drive Benefit Zone. RESOLUTION 2024-035 b. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Kennedy Meadows Benefit Zone. RESOLUTION 2024-036 c. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Santa Rosa Heights Benefit Zone. RESOLUTION 2024-037 d. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 1-Vasona Heights Benefit Zone. RESOLUTION 2024-038 e. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 1-Hillbrook Drive Benefit Zone. RESOLUTION 2024-039 f. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 2-Gemini Court Benefit Zone. RESOLUTION 2024-040 Meredith Johnston, Administrative Technician, presented the staff report.
Mayor Badame opened public comment.
No public comments
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to adopt the resolution in attachment one confirming the diagram and assessments and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1-Blackwell Drive Benefit Zone; adopt the resolution in attachment two confirming the diagram and assessments and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1-Kennedy Meadows Benefit Zone; adopt the resolution in attachment three confirming the diagram and assessments and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1-Santa Rosa Heights Benefit Zone; adopt the resolution in attachment four confirming the diagram and assessments and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1-Vasona Heights Benefit Zone; adopt the resolution in attachment five confirming the diagram and assessments and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1-Hillbrook Drive Benefit Zone; and adopt the
ITEM NO. 2.
PAGE 6 OF 13
SUBJECT: Draft Minutes of the Town Council Meeting of June 18, 2024 DATE: June 18, 2024
resolution in attachment six confirming the diagram and assessments and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 2-Gemini Court Benefit Zone. Seconded by Mayor Badame.
VOTE: Motion passed unanimously.
17. Conduct Brush Abatement Program Public Hearing to Consider Objections to the Proposed Removal of Brush on Parcels Listed on the 2024 Wildland Urban Interface (WUI) Area NonCompliant Parcel List and Order Abatement.
Meredith Johnston, Administrative Technician, presented the staff report.
Jereme Davis, Assistant Fire Marshall from Santa Clara County Fire - Stated that after reinspection, there were four properties that had abated the hazard. He requested the following properties as identified by Assessor’s Parcel Numbers (APN) be removed from the list: APN 53723061 (item three), 53724015 (item four), 53727047 (item eight), and 53730021 (item nine).
Mayor Badame opened public comment.
Alan Couder
- Stated he make the requested corrections to his property and asked to be removed from the list.
Assistant Fire Marshall Davis
- Stated Mr. Couder’s property is not on the list.
Stanford Stickney
- Thanked the Council, the Police Department, and the Fire Department for the work they do.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to order abatement to on the items in attachment one, which are items numbered one, two, five, six, and seven. Seconded by Council Mayor Badame.
VOTE: Motion passed unanimously.
ITEM NO. 2.
PAGE 7 OF 13
SUBJECT: Draft Minutes of the Town Council Meeting of June 18, 2024 DATE: June 18, 2024
18. Hear Protests and Adopt a Resolution Making Determinations and Approving the Reorganization of an Uninhabited Area Designated as El Gato Lane No. 06, Approximately
0.563 Acres on Property Pre-Zoned R-1:8. APN 523-22-007. Annexation Application AN24- 001. Project Location: 15575 El Gato Lane. Property Owner: Sai Kiran Garimella and Renu Sushma Kolli. Applicant: Barzin Keyhankhadiv. RESOLUTION 2024-041 Joel Paulson, Community Development Director, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Mayor Badame to adopt a Resolution in attachment one making determinations and approving the reorganization of an uninhabited area designated as El Gato Lane No. 06, approximately 0.563 located at 15575 El Gato Lane APN 523- 22-007. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
19. Consider a Request for an Exception to the Height Pole, Flagging, Netting, and Signage Policy to Allow Preparation of Visual Renderings by the Applicant Rather than the Town’s Consultant as Required by the Policy on Property Zoned R:PD Located at 110 Wood Road.
This Request is Not a Project as Defined by CEQA Guidelines Section 21065. APN 510-47- 038. Applicant: Frank Rockwood. Property Owner: Front Porch Communities. Project Planner: Sean Mullin
Council Member Ristow recused herself from this item because the project is within 1,000 feet of her property. Council Member Ristow left the Council Chambers.
Sean Mullin, Senior Planner, presented the staff report.
Frank Rockwood, Rockwood Pacific Design
- Commented on a visual rendering of the project and presented a video explaining how the three-dimensional (3D) imaging was prepared.
Jonathan Arnold, Arnold Imaging
- Commented on the data in the video and his experience creating visualizations for developers.
Mayor Badame opened public comment.
ITEM NO. 2.
PAGE 8 OF 13
SUBJECT: Draft Minutes of the Town Council Meeting of June 18, 2024 DATE: June 18, 2024
Stanford Stickney
- Commented on concerns about the visual rendering and stated he could not tell what the buildings looked like.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to grant an exception to the Height Pole, Flagging, Netting, and Signage Policy to allow preparation of visual renderings by the applicant rather than the Town’s consultant for the property zoned R:PD located at 110 Wood Road. Seconded by Council Member Moore.
VOTE: Motion passed unanimously 4-0 (Council Member Ristow was recused) Council Member Ristow returned to the Council Chambers.
OTHER BUSINESS
20. Receive a Presentation, Provide Direction, and Consider Accepting a Proposed Donation from the Los Gatos Rotary to the Town at Live Oak Manor Park.
Nicolle Burnham, Parks and Public Works Director, introduced the item and Mike Norcia from Los Gatos Rotary Club and Brian Glick from HMH gave a presentation on the proposed project.
Mayor Badame opened public comment.
Amy Despars
- Commented on having the Rotary Club talk with neighbors and spoke in support of the proposed project.
Mayor Badame closed public comment.
Council discussed the item.
Council Ristow has an association with the Mike Norcia from Los Gatos Rotary Club. Town Attorney Whelan said that she can vote.
MOTION: Motion by Vice Mayor Hudes to accept the proposed donation from the Los Gatos Rotary to the Town at Live Oak Manor Park. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously.
Mayor Badame called a recess at 9:35 p.m.
ITEM NO. 2.
PAGE 9 OF 13
SUBJECT: Draft Minutes of the Town Council Meeting of June 18, 2024 DATE: June 18, 2024
The meeting reconvened at 9:43 p.m.
21. Provide Direction on the Town’s Community Grant Process.
Ryan Baker, Library Director, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Ristow related to item five [in the staff report regarding nutrition/food grants and for the rent relief grants]: To distribute the rent relief grants in a competitive process with a cap of $10,000 specifically for rent relief for residents of Los Gatos and that the nutrition grant be directly given to Live Oak Nutrition this year. AMENDMENT: remove the $10,000 cap for rent relief and change it to a maximum of three organizations to receive grant money and it will be divided equally. Seconded by Vice Mayor Hudes.
VOTE: Motion passed unanimously.
MOTION: Motion by Mayor Badame related to item one [in the staff report regarding sustaining grants]: To maintain the four noncompetitive, sustaining grants at their current levels. Seconded by Vice Mayor Hudes.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Hudes related to item two [in the staff report regarding competitive grants]: The remaining $180,000 be distributed into a number of grants with a cap of $10,000 for each grant. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Hudes related to item three [in the staff report regarding eligibility]: Organizations who receive funding from the Town through other mechanisms should be eligible for community grant funding through the competitive process. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously.
ITEM NO. 2.
PAGE 10 OF 13
SUBJECT: Draft Minutes of the Town Council Meeting of June 18, 2024 DATE: June 18, 2024
MOTION: Motion by Council Member Moore related to item four [in the staff report regarding organizations that receive sustaining grants]: For nutrition grants and for the rent relief grants, organizations already receiving a sustaining grant are eligible for these funds Seconded by Vice Mayor Hudes.
VOTE: Motion passed unanimously.
22. Provide Any Additional Direction on Near-term Improvements to the Interim Community Center and Operational Support for Community Partners.
Katy Nomura, Assistant Town Manager, presented the staff report.
Mayor Badame opened public comment.
Lee Fagot
- Commented on the meeting rooms at the Saratoga Adult Recreation Center and the technology they have for Zoom meetings.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes that the LGS Recreation normal fee of $24 per hour would not be charged in the arrangement with the Town’s Community Partners.
Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
MOTION: Motion by Mayor Badame to direct staff to proceed with the keypad for the office, approve the large hall divider, safety lighting and one portable system (hybrid meeting equipment). Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Moore to allow up to $20,000 to be spent to make the provider space and potentially the lobby more inviting. Seconded by Vice Mayor Hudes.
VOTE: Motion passed unanimously.
ITEM NO. 2.
PAGE 11 OF 13
SUBJECT: Draft Minutes of the Town Council Meeting of June 18, 2024 DATE: June 18, 2024
Pulled Consent Items
6. Shannon Road Pedestrian and Bikeways Improvement Project (CIP No. 813-0218):
a. Award and Authorize the Town Manager to Execute a Contract with Sposeto Engineering Inc. in an Amount Not to Exceed $2,115,930.50; b. Authorize the Town Manager to Execute Change Orders in an Amount Not to Exceed Ten Percent (10%) of the Contract Award Amount ($211,593); c. Approve the Project Construction Plans with Addenda as Required by Government Code 830.6 – Design Immunity;
d. Authorize an Expenditure Budget Increase From Storm Drain Basin #1 Funds in an Amount of $447,717; and
e. Authorize an Expenditure Budget Decrease of Underground Utility Funds in an Amount of $48,003.
Nicolle Burnham, Parks and Public Works Director, gave a brief overview of the item.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to approve the Shannon Road Pedestrian and Bikeways Improvement Project CIP Number 813-0218; consisting of parts a through outlined in the staff report [(a) Award and authorize the Town Manager to execute a contract with Sposeto Engineering Inc. in an amount not to exceed $2,115,930.50; (b) authorize the Town Manager to execute change orders in an amount not to exceed ten percent (10%) of the contract award amount ($211,593); (c) approve the project construction plans with addenda as required by Government Code 830.6 – Design Immunity; (d) authorize an expenditure budget increase from Storm Drain Basin #1 Funds in an amount of $447,717; and (e) authorize an expenditure budget decrease of underground utility funds in an amount of $48,003]. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously.
11. Highway 17 Bicycle and Pedestrian Overcrossing (Project No. 818-0803):
c. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Consultant Services with BKF Engineers Inc. for Additional Environmental Consulting Services in the amount of $39,000 for a Total Agreement Not to Exceed $3,087,735; and
ITEM NO. 2.
PAGE 12 OF 13
SUBJECT: Draft Minutes of the Town Council Meeting of June 18, 2024 DATE: June 18, 2024
d. Authorize an Expenditure Budget Adjustment in the Amount of $34,822 to Authorize the Allocation to the Previously Received Transportation Development Act Article 3 Grant Receipt.
Nicolle Burnham, Parks and Public Works Director, gave a brief overview of the item.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to authorize the Town Manager to execute a second amendment to the agreement for Consultant Services with BKF Engineers Inc. for additional environmental consulting services in the amount of $39,000 for a total agreement not to exceed $3,087,735; and authorize an expenditure budget adjustment in the amount of $34,822 to authorize the allocation to the previously received Transportation Development Act Article 3 Grant Receipt. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Ristow stated she attended the Los Gatos Chamber Board of Directors meeting; met with Rob Stump to discuss various issues; attended the Live Oak Nutrition Center 50th Anniversary lunch and the Cities Association June membership event; met with representatives from Los Gatos Meadows and met with several residents regarding various issues.
- Council Member Moore stated he held his monthly Council Member Community Coffee; had a table at Farmers Market to talk to the community; met with members from MidPeninsula Housing to discuss 100% affordable housing; attended South Bay High Road Roundtable, the West Valley Sanitation District Board of Directors meeting, and the groundbreaking of the Vally Transportation Authority (VTA) BART connection. - Council Member Rennie stated he attended VTA Board Meeting, the Silicon Valley Clean Energy Board meeting, the Live Oak Nutrition Center 50th Anniversary lunch, and the Cities Association membership event; spoke at the Democracy Tent meeting; and met with Lee Quintana to discuss housing.
ITEM NO. 2.
PAGE 13 OF 13
SUBJECT: Draft Minutes of the Town Council Meeting of June 18, 2024 DATE: June 18, 2024
- Vice Mayor Hudes stated he filmed a video about mental health for the Cities Association; participated in the Community Health Senior Services Commission meeting; attended the Live Oak Nutrition Center 50th Anniversary lunch; participated in the ribbon cutting events for a few new retail stores; met with the Board of Los Gatos Thrives; attended the Cities Association membership event; listened to the Democracy Tent meeting; and met with Tylor Taylor from SASCC (formerly known as the Saratoga Area Senior Coordinating Council, and now Successful Aging Solutions & Community Consulting) to discuss senior services in Los Gatos.
- Mayor Badame stated she met with Vice Mayor and City Manager of Monte Sereno to review the contract for services provided by Los Gatos/Monte Sereno Police Department, and with 30 kids from the NUMU Foot Bridge Mural Project Camp; and participated in a ribbon cutting for Jen Statement Jewelry and a ribbon cutting from Ambrosia India Bistro.
Town Manager Matters
- Reminder that Town Hall and Library are closed for Juneteenth. The Fourth of July Celebration will be at Oak Meadow Park. On Sunday July 7, the Town will be conducting an outreach meeting regarding Police Department services as part of a Departmental assessment, the public is welcome to attend and provide input. July 15 is the opening of the nomination period for the two Council seats that are on the 2024 Ballot.
CLOSED SESSION REPORT
Gabreille Whelan, Town Attorney, stated the Town Council met in closed session to discuss Real Property Negotiations pursuant to Government Code Section 54956.8 and Labor Negotiations pursuant to Government Code Section 54957.6, and there was no reportable action.
ADJOURNMENT
The meeting adjourned at 11:46 p.m.
Respectfully Submitted:
_____________________________________
Keara Johnson, Deputy Town Clerk
ITEM NO. 2.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 08/06/2024
ITEM NO: 3
DRAFT
Minutes of the Town Council Special Meeting
Monday, July 1, 2024
The Town Council of the Town of Los Gatos conducted a Special Meeting in-person and utilizing teleconferencing means on Monday, July 1, 2024, at 5:15 p.m. to discuss placing a 1/8th cent Sales Tax measure on the November 2024 Ballot.
MEETING CALLED TO ORDER AT 5:16 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie (teleconference), and Council Member Maria Ristow.
Absent: None
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
Tevis Ignacio
- Commented on the prior meeting’s discussion of the sales tax and stated he was opposed to the tax.
Jak Van Nada
- Commented on the Town’s revenues and expenses, spoke about concerns with a general tax, and advocated for a specific tax.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. Adopt a Resolution to Place a 1/8th Cent Sales Tax on the November 2024 Ballot as a General Tax, Introduce an Ordinance to Approve the Tax Ordinance, Adopt a Resolution to Add a Companion Advisory Measure, and Authorize a Budget Adjustment in the Amount of $132,000 from the Available Capital/Special Projects Reserve.
Katy Nomura, Assistant Town Manager presented the staff report.
Town Attorney, Gabrielle Whelan, provided additional information.
Mayor Badame reopened public comment on this item.
Linda Swenberg
- Commented on concerns with the tax measure and requested that Council take no action on this item.
Mayor Badame closed public comment.
Council asked questions and discussed the item.
ITEM NO. 3.
PAGE 2 OF 2
SUBJECT: Draft Minutes of the Special Town Council Meeting of July 8, 2024 DATE: July 29, 2024
Finance Director, Gitta Ungvari, provide additional information related to the Town’s finances.
MOTION: Motion by Mayor Badame to take no action. Seconded by Vice Mayor Hudes.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 6:09 p.m.
Respectfully submitted by:
___________________________
Wendy Wood, Town Clerk
ITEM NO. 3.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 08/06/2024
ITEM NO: 4
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Monday, July 8, 2024
The Town Council of the Town of Los Gatos conducted a Special Meeting in-person and utilizing teleconferencing means on Monday, July 8, 2024, at 5:00 p.m. to hold a Closed Session to discuss public employee employment/appointment.
MEETING CALLED TO ORDER AT 5:00 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie (participated remotely), and Council Member Maria Ristow.
Absent: None
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. Public Employee Employment/Appointment (Gov. Code Section 54957) Title: Town Manager and Interim Town Manager
The Town Council reconvened in open session. There was no reportable action. The Council asked the Manager to stay through September 6, 2024 and she agreed.
ADJOURNMENT
The meeting adjourned at 7:40 p.m.
Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Town Clerk Laurel Prevetti, Town Manager
ITEM NO. 4.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 08/06/2024
ITEM NO: 5
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Thursday, July 25, 2024
The Town Council of the Town of Los Gatos conducted a Special Meeting in-person on Thursday, July 25, 2024, at 11:30 a.m. to hold a Closed Session to discuss public employee employment/appointment.
MEETING CALLED TO ORDER AT 11:34 A.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, and Council Member Maria Ristow.
Absent: None
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. Public Employee Employment/Appointment (Gov. Code Section 54957) Title: Town Manager and Interim Town Manager
The Town Council reconvened in open session. There was no reportable action.
ADJOURNMENT
The meeting adjourned at 5:47 p.m.
Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Town Clerk Laurel Prevetti, Town Manager
ITEM NO. 5.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 08/06/2024
ITEM NO: 6
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Friday, July 26, 2024
The Town Council of the Town of Los Gatos conducted a Special Meeting in-person on Friday, July 26, 2024, at 12:00 p.m. to hold a Closed Session to discuss public employee employment/appointment.
MEETING CALLED TO ORDER AT 12:02 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, and Council Member Maria Ristow.
Absent: None
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. Public Employee Employment/Appointment (Gov. Code Section 54957) Title: Town Manager and Interim Town Manager
The Town Council reconvened in open session. There was no reportable action.
ADJOURNMENT
The meeting adjourned at 4:57 p.m.
Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Town Clerk Laurel Prevetti, Town Manager
ITEM NO. 6.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 08/06/2024
ITEM NO: 7
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, July 30, 2024
The Town Council of the Town of Los Gatos conducted a Special Meeting in-person on Tuesday, July 30, 2024, at 5:15 p.m. to hold a Closed Session to discuss public employee employment/appointment.
MEETING CALLED TO ORDER AT 5:15 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, and Council Member Maria Ristow.
Absent: None
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. Public Employee Employment/Appointment (Gov. Code Section 54957) Title: Town Manager and Interim Town Manager
The Town Council reconvened in open session. There was no reportable action.
ADJOURNMENT
The meeting adjourned at 7:27 p.m.
Attest: Submitted by:
___________________________ ___________________________ Wendy Wood, Town Clerk Laurel Prevetti, Town Manager
ITEM NO. 7.
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/06/2024
ITEM NO: 8
DATE: July 17, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve Modifications to Town Council Policy 2-01: Agenda Format and Rules to Allow Only In-Person Public Participation in Town Council Closed Sessions RECOMMENDATION:
Approve modifications to Town Council Policy 2-01: Agenda Format and Rules to allow only inperson public participation in Town Council Closed Sessions.
BACKGROUND:
After the COVID-19 Pandemic, the Town Council continued hybrid meetings for all Town Council, Planning Commission, and Finance Commission meetings. This includes all Town Council Regular Meetings, Special Meetings, Closed Sessions, and Retreats.
For Closed Sessions, the public is invited at the very beginning of the meeting to speak under Verbal Communications before the Council moves to Closed Session. At the end of Closed Session (which could be anywhere from 15 minutes to three or more hours later), the meeting is reopened to the public for the announcement of any reportable actions. Government Code Section 65957.1 requires that specified actions be reported out at the end of the closed session – rather than at the next regular Council meeting. Even though not required for all actions, for purposes of consistency, the Town’s practice has been to report out after each closed session.
In recent months, members of the public have been participating in Closed Session in-person at the beginning of Closed Session. Rarely is a member of the public on Zoom in the beginning of the meeting and only once was a member of the public on Zoom for the announcement of potential reportable actions.
ITEM NO. 8.
PAGE 2 OF 3
SUBJECT: Agenda Format and Rules Policy
DATE: July 17, 2024
DISCUSSION:
Setting up and managing the Zoom portion of Closed Session requires one staff person inside Closed Session and one staff member outside of Closed Session. The Town Manager typically manages the Zoom inside Closed Session. The staff member outside of Closed Session is a member of the Clerk’s Office. They start the Zoom meeting and when Council moves into Closed Session, the outside staff member displays on the Zoom screen a static slide stating that the Town Council is in Closed Session. The inside staff member turns off Zoom while the Council is in Closed Session.
The outside staff member needs to keep the Zoom meeting running for the entire duration of Closed Session in the event a member of the public joins as an attendee at any point during Closed Session. For the entire duration, the outside staff member is also watching for the Town Manager to rejoin the Zoom meeting. The length of Closed Sessions varies considerably, meaning that while the staff member could work on other Town business, they must also stay alert to the Zoom meeting.
Once the Town Manager announces that the Council is rejoining the public Zoom meeting, the outside staff member removes the slide, and the video and audio of the Zoom are available to the public. The Town Attorney typically summarizes any reportable action, and the Mayor adjourns the meeting. Both staff members inside and outside of Closed Session then end the Zoom meeting.
The Town has been operating with these procedures for well over a year and given the inefficient use of our limited Clerk Office resources, staff recommends that we remove the hybrid requirement from Closed Sessions only. Attachment 1 contains the proposed modified language of section N.3. on page six of eight.
The proposed change would only affect the public portion of the Closed Session meeting. The public continues to be welcome to participate in-person at all Closed Sessions. Council members may still participate remotely either via Zoom or telephone per the other provisions of the Agenda Format and Rules Policy and the Brown Act.
CONCLUSION:
For the reasons stated in the staff report, staff recommends approval of the proposed modification to the Agenda Format and Rules Policy.
COORDINATION:
The preparation of this report was coordinated with the Town Attorney and Town Clerk.
ITEM NO. 8.
PAGE 3 OF 3
SUBJECT: Agenda Format and Rules Policy
DATE: July 17, 2024
FISCAL IMPACT:
If the Town Council approves the change, staff administrative costs will be reduced without the need for Clerk Office support for the Zoom portion of the Closed Session meetings.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Redline Town Council Policy 2-01: Agenda Format and Rules
ITEM NO. 8.
COUNCIL POLICY MANUAL
TITLE: Town Agenda Format and Rules POLICY NUMBER: 2-01 EFFECTIVE DATE: 12/15/1986 PAGES: 7
ENABLING ACTIONS: 1986-183; 1987-
024; 1988-124; 1993-181; 1994-057;
1996-108; 2001-077; 2004-033; 2009-
002; 2021-047
REVISED DATES: 12/15/1986; 3/2/1987;
6/6/1988; 6/15/1992; 12/6/1993; 4/4/1994;
8/5/1996; 7/2/2001; 4/5/2004; 1/20/2009;
3/16/2009; 12/6/2010; 8/5/2013; 3/3/2015;
9/20/2016; 6/20/2017; 8/1/2017; 12/4/18/;
8/20/19; 12/3/19; 6/1/2021; 11/2/2021;
9/20/22; 2/7/2023; 11/21/2023
APPROVED:
PURPOSE
To establish procedures which standardize Town agendas and insure an orderly meeting. This Policy applies to Town Council and all Town Boards, Commissions, and Committees.
POLICY
The following policies have been established:
A. Order of the Agenda
Subject to the Mayor’s, or Chair’s, discretion to change the order of consideration of any agenda item during any individual meeting:
Call Meeting to Order
Roll Call
Pledge of Allegiance
Appointments
Presentations
Closed Session Report
Council Matters
Manager Matters
Consent Calendar
Verbal Communications
Public Hearings
Other Business
Adjournment (No later than midnight without vote)
Small Town Service Community Stewardship Future Focus
ATTACHMENT 1
ITEM NO. 8.
TITLE: Town Agenda Format and Rules PAGE:
2 of 8
POLICY NUMBER:
2-01
B. Closed Session Report
At the first Council meeting following any Closed Session A As required by the Brown Act, the Town Attorney will report on actions taken at the Closed Session describing what occurred, but without reporting any information which could damage the Town’s position on a) potential or existing litigation, b) the acquisition or disposition of property, or c) any employee’s privacy interests. In addition, the Closed Session agenda shall clearly identify the subject of each agenda item consistent with the requirements of the Brown Act.
C. Communications by Members of the Public
Speakers at public meetings will be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional but not required.
1. Verbal Communications. Comments by members of the public during the initial Verbal Communications portion of the agenda on items not on the Council agenda shall be limited to 30 minutes and no more than three (3) minutes per speaker. As an item not listed on the agenda, no response is required from Town staff or the Council and no action can be taken. However, the Council may instruct the Town Manager to place the item on a future agenda. At the conclusion of the first Verbal Communications, the agenda will proceed onto the Public Hearings and Other Business sections of the agenda. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications section can be opened prior to Adjournment.
2. Public Hearings. Presentations during the Public Hearings portion of the agenda by appellants and applicants, including any expert or consultant assisting with the presentation, shall be limited to a total of no more than five (5) minutes for all speakers.
Appellants and applicants shall be provided no more than three (3) minutes to rebut at the end of the public hearing. Other members of the public testifying at public hearings shall be limited to no more than three (3) minutes.
3. Submittal of written materials by Applicant and Appellant. To allow Town Council, Boards, Commissions, Committees, Town Staff, and the public the opportunity to review material in advance of a hearing, all materials submitted by the Applicant or Appellant must be received by the Town Clerk fourteen (14) days prior to the scheduled public hearing. Documents and materials received from the Applicant or Appellant after the deadline will be accepted; however, the Town Staff may not have the time to analyze the documents and material, and Town Council may not have the time to consider materials submitted after the deadline. The submittal of any additional material by the Applicant or Appellant shall not be considered prima facie evidence (sufficient to establish a fact or raise a presumption) under Town Code Section 29.20.300.
4. Other Agenda Items. Comments by members of the public concerning any other item on an agenda shall be limited to no more than three (3) minutes per item.
ITEM NO. 8.
TITLE: Town Agenda Format and Rules PAGE:
3 of 8
POLICY NUMBER:
2-01
5. Mayor’s Discretion. All time limits noted above shall be subject to change at the Mayor’s discretion. If a member of the public speaks on the wrong item, the time used would be deducted from the speaker’s overall public comment time allowance on the correct item.
D. Consent Calendar
Items on the Council agenda that are considered to be of a routine and non-controversial nature are placed on the Consent Calendar. Typical items include meeting minutes, final reading and adoption of ordinances, resolutions approving agreements, awards of contracts, status staff reports, etc.
Consent items shall be approved by a single Council motion unless a member of the Council requests that an item be removed for separate Council action. Members of the public may speak on an item on the Consent Calendar during the public comment portion before the Council votes on the Consent Calendar. Items removed from the Consent Calendar may be considered at that meeting at the Mayor’s discretion. If an item is removed for discussion, members of the public may speak to that item even if they previously spoke on the item during public comment.
E. Presentations
The Presentations portion of the agenda is intended to allow organized groups to make formal presentations to the Council and to recognize and honor deserving individuals and organizations. All matters included on the Presentations portion of the agenda require the prior approval of the Mayor and shall be limited to no more than ten (10) minutes, unless the Mayor grants additional time.
F. Council Matters
Members of Council may report on the activities of the committees to which they belong or the meetings they attend, question staff briefly on matters upon which the Council has taken action or given direction, make brief announcements, or discuss whether to place particular items on future agendas for action by the Council. Future agenda items to be briefly discussed here shall be identified consistent with Section G of this Policy, or may be raised for the first time under this item.
G. Adjournment
Council meetings will be adjourned at midnight unless a majority of the Council Members present vote to extend the adjournment time.
H. Americans with Disabilities Notice on Town Agendas
As part of the requirements under the Americans with Disabilities Act, the Town is required to provide notice of whom to contact in advance of a public meeting for assistance to disabled individuals who might wish to participate. The following notice shall be provided in at least one location on each Town agenda for Council, Boards, Commissions, or Committees.
ITEM NO. 8.
TITLE: Town Agenda Format and Rules PAGE:
4 of 8
POLICY NUMBER:
2-01
I. Preparation of the Agenda
The agenda is prepared by staff in consultation with the Mayor for the Mayor’s final approval. If there is a disagreement between the Mayor and staff, the Mayor makes the ultimate call on the Agenda and its items. Any member of the Council may submit a request through the Town Manager or directly to the Mayor to make a change or addition to the agenda. In no event may the subject of whether to amend the agenda be discussed outside of a public meeting by more than two (2) members of the Council.
Items thus proposed to be added to the agenda require the Mayor’s agreement to be added for action. If the Mayor does not agree, the item shall be listed on the agenda for discussion purposes only under the Council Matters section of the agenda. Council may then discuss whether to place the item on a future agenda for action. Two (2) or more members of the Council must vote in favor of placing an item on a future agenda for action. The Mayor in good faith will make every effort to place the item on the first available Council agenda in consultation with the Town Manager.
If the wish of the Council is to add an item on the agenda of the current meeting, then the Brown Act generally requires a two-thirds (2/3) vote or a unanimous vote of those present if less than five (5) Council Members are present, with a finding that there is a need to take immediate action and the need for action came to the attention of the Town after the agenda was posted.
J. Agenda Schedule and Preparation
In general, questions or inquiries from Council Members to the Town Manager and/or Town Attorney regarding agenda items should be responded to within 24 hours, and then placed into Addenda and/or Desk Items, as appropriate.
Thursday, prior
to the meeting
Written agenda is finalized and printed. Agenda packets distributed to Town Council Members. Public comments on agenda items received by 11:00 a.m. will be included in the agenda packet.
Friday, prior to
the meeting
Additional information from staff available after the Thursday distribution of the agenda packet, and public comments received prior to 11:00 a.m. on Friday will be distributed to Town Council members as an Addendum to a staff report.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354-6834. Notification at least two (2) business days prior to the meeting date to enable the Town to make reasonable arrangements to ensure accessibility to this meeting [28 CFR §35.102-35.104]
ITEM NO. 8.
TITLE: Town Agenda Format and Rules PAGE:
5 of 8
POLICY NUMBER:
2-01
Monday, prior
to the meeting
Additional information from staff available after the Friday Addendum and public comment received prior to 11:00 a.m. on Monday will be distributed to Town Council members as an Addendum to a staff report.
Day of Council
Meeting
Council comments and questions received by 7:00 a.m. and public comments received by 11:00 a.m. on the morning of a Council meeting will be included in a Desk Item for distribution to Town Council members by 3:00 p.m. on the afternoon of a Council meeting. Council comments and questions received after 7:00 a.m. may be addressed during the Council meeting. Public comment received after 11:00 a.m. will not be distributed to the Council in the Desk Item; however, public comment may be submitted by individuals during the Council meeting.
In general, questions or inquiries from Council Members to the Town Manager and/or Town Attorney regarding agenda items should be responded to within 24 hours, and then placed into Addenda and/or Desk Items, as appropriate.
K. Agenda Posting
Council Agendas shall be posted at least 72 hours prior to a regular meeting, and at least 24 hours prior to a special meeting. Notice of any meeting of a formally appointed Committee where two Council Members could be present shall be posted at least 24 hours in advance of any such meeting with a note as to the time and location, and an invitation to the public to attend.
L. Conduct of Town Council Meetings
The Council shall adopt:
1. Robert's Rules of Order or
2. Some other rules of order, or
3. Allow the Mayor to conduct the meeting as deemed appropriate so long as all members of the Town Council concur.
M. Attendance at Meetings
The Town Council and Commissioners are expected to attend all meetings as part of their commitment to their positions. Attendance requirements for Commissioners are set forth in Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum. Consistent with the Family Medical Leave Act and the California Family Rights Act, absences of up to 12 weeks due to the birth of a child constitute excused absences.
N. Remote Attendance
In addition to the requirements of the Brown Act, the following guidelines apply to Town meetings:
ITEM NO. 8.
TITLE: Town Agenda Format and Rules PAGE:
6 of 8
POLICY NUMBER:
2-01
1. Town Council Meetings: Requests by Council Members to attend a regular Council meeting via remote appearance (either Zoom or telephone) are allowed on a limited basis and with no more than two remote participations in a row. Remote attendance shall be permitted for a medical, family or work event requiring a Council Member’s absence or in the event the Council Member is out of the area on official Town business.
In addition, at least a quorum of the Council must participate from a location within the Town and comply with other requirements of the Brown Act. When a Council Member is participating remotely, they shall have their camera on and be visible for the duration of the meeting.
2. Town Board, Committee, and Commission Meetings: Board, Committee, and Commission members may participate remotely by telephone only, with the exception of the Finance and Planning Commissioners who have the choice of either Zoom or telephone. Requests by Commissioners to attend a Commission meeting via remote appearance should be allowed on a limited basis to mirror the existing attendance requirements, with no more than four remote participations annually, no more than two remote participations in a row, and in compliance with the Brown Act.
3. Remote Participation by the Public: With the exception of Town Council Closed Sessions, the public may participate in Town Council, Finance Commission, and Planning Commission meetings remotely by following the remote participation instructions that are provided on the agenda. The remote participation instructions shall be provided on all Town Council, Finance Commission, and Planning Commission agendas with the exception of Town Council Closed Sessions. There is not a remote public participation option for other Town Boards, Committees, or Commissions.
O. Proposed Reconsideration of Prior Council Actions
Reconsideration of prior Council actions is discouraged and may only occur in special circumstances subject to the procedural restrictions outlined herein. Reconsideration does not include, and this Policy does not prohibit, the repeal of a resolution or ordinance in response to a lawsuit or a referendum challenging that adoption.
Step 1 – Motion to Place Reconsideration of a Prior Action on a Future Council Agenda a) The motion must be made by a Council Member who previously voted on the prevailing side of the prior action;
b) The maker of the motion shall specifically articulate the new information, analysis and/or circumstances that warrant(s) reconsideration of the prior action; c) The motion must be adopted by a majority of the full Council; and d) The motion may only be made and considered at the next regularly scheduled meeting of the Council after the item was originally acted upon.
ITEM NO. 8.
TITLE: Town Agenda Format and Rules PAGE:
7 of 8
POLICY NUMBER:
2-01
Step 2 – Full Reconsideration of the Prior Action, if a motion as outlined in Step 1 is approved.
a) The full reconsideration of the prior action will be placed on the next available Council agenda following the agenda-setting and required public notification process. b) The agenda, public notification and staff report for the full reconsideration of the prior action shall clearly state that the item has been previously acted upon by the Council and is being reconsidered by the Council.
c) Action on the reconsideration of the prior action shall adhere to regular Council policies and practices as if the item was being heard for the first time. d) The full reconsideration of the prior action (whether sustained, reversed or otherwise modified) will be the final action on that item, and no further reconsiderations will be considered.
P. Motions by the Chairperson
The Chairperson of the meeting may make or second motions. The Chairperson may also restate, or ask that the maker restate, all motions immediately prior to any vote.
Q. Behavior Expectations and Consequences at Town Council Meetings At each meeting, the Mayor should welcome the public to participate in the meetings, understanding that the purpose of the meeting is to conduct the important business of the Town in an efficient and effective manner. The Mayor may promote constructive communication by asking Council members, staff, and community members to embrace and adhere to the following values:
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 needed, the Mayor may need to remind the public about the Town’s civility rules:
1. For the benefit of the entire community, the Town of Los Gatos asks that all speakers follow the Town’s meeting guidelines by treating everyone with respect and dignity. This is done by following meeting guidelines set forth in State law, in the Town Code, and on the cover sheet of the Council agenda.
2. The Town embraces diversity and strongly condemns hate speech and offensive, hateful language or racial intolerance of any kind at Council meetings.
ITEM NO. 8.
TITLE: Town Agenda Format and Rules PAGE:
8 of 8
POLICY NUMBER:
2-01
3. Town Council and staff are well aware of the public’s right to disagree with their professional opinion on various Town issues. However, anti-social behavior, slander, hatred, and bigotry statements are completely unacceptable and will not be tolerated in any way, shape, or form at Town Council meetings.
4. All public comments at the Town Council meeting must pertain to items within the subject matter jurisdiction of the Town and shall not contain slanderous statements, hatred, and bigotry against non-public officials.
5. The Town will go through the following steps if a disturbance results from a member of the public not following these rules:
a. If participating remotely, Town staff may mute the individual with an explanation for the record of why muting occurred consistent with this Policy. b. If participating in-person, the Mayor may call a recess for violation of this Policy, resulting in the immediate cessation of the audio and video recording and the Council exiting the Chamber. Staff will determine if the individual should be removed or if all members of the public should leave depending on the extent of the disturbance. In the event that all public members exit, only the press would be allowed back in the meeting. Once the individual(s) leave, the Council would return to the Chamber and the Mayor would resume the meeting.
APPROVED AS TO FORM:
_________
Gabrielle Whelan, Town Attorney
ITEM NO. 8.
PREPARED BY: Eric Lemon
Finance and Accounting Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/06/2024
ITEM NO: 9
DATE: July 15, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive the Monthly Financial and Investment Report for May 2024 RECOMMENDATION:
Receive the Monthly Financial and Investment Report for May 2024.
BACKGROUND:
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.
Attachment 1 contains the May 2024 Monthly Financial and Investment Report which fulfills this requirement. The May 2024 Monthly Financial and Investment Report will be received by the Finance Commission at its September 9, 2024 meeting.
DISCUSSION:
The May 2024 Monthly Financial and Investment Report includes a Fund Balance Schedule, representing estimated funding available for all funds at the end of the respective month. The fund balances were 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.
ITEM NO. 9.
PAGE 2 OF 3
SUBJECT: Monthly Financial and Investment Report for May 2024 DATE: July 15, 2024
DISCUSSION (continued):
As illustrated in the summary below, Total Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available.
As of May 31, 2024, the Town’s financial position (Assets $91.43M, Liabilities $29.83M, and Fund Equity $61.60M) remains strong and there are no issues meeting financial obligations in the near future.
As of May 31, 2024, the Town’s weighted portfolio yield for investments under management was 4.43% which was 10 basis points above the Local Agency Investment Fund (LAIF) yield of
4.33% for the same reporting period. Currently, the LAIF portfolio’s weighted average maturity (WAM) is 233 days versus the Town’s longer WAM of 717 days. The longer 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 4.43% at the close of May was 6 basis points higher when compared to the prior month’s return of 4.37% reported as of April 30, 2024.
Since May 2023, LAIF yields had climbed from 299 basis points (2.99%) to 433 basis points (4.33%) through the end of May 2024.
Staff, in coordination with the Town’s investment advisor, primarily replaced maturing investments with long term maturities in the four-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 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%.
On May 1, 2024, the Federal Reserve Chair commented that the 2% target may take longer than
ITEM NO. 9.
PAGE 3 OF 3
SUBJECT: Monthly Financial and Investment Report for May 2024 DATE: July 15, 2024
DISCUSSION (continued):
expected to achieve and the central bank is prepared to keep rates unchanged as long as appropriate.
Employment rose by 175,000 jobs in April, softer than consensus expectations at 240,000.
Wage growth was more modest than expected at 0.2% month-on-month and 3.9% year-onyear. The unemployment rate rose to 3.9%, from 3.8%.
The Town's investments are in compliance with the Town's Investment Policy dated May 21, 2024, 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.
CONCLUSION:
Receive Monthly Financial and Investment Report for May 2024.
Attachment:
1. Financial and Investment Report (May 2024)
ITEM NO. 9.
Weighted Average YTM Portfolio Yield on Investments
under Management 4.43%
Weighted Average Maturity (days) 717
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $78,425,776 $80,969,252 $75,243,382 Cert. of Participation 2002 Lease Payment Fund
Managed Investments $49,640,584
Local Agency Investment Fund $16,516,009
Reconciled Demand Deposit Balances $12,269,183
Portfolio Allocation & Treasurer's Cash Balances $78,425,776 Benchmarks/ References:
Town's Average Yield 4.43% 4.37% 2.93%
LAIF Yield for month 4.33% 4.27% 2.99%
3 mo. Treasury 5.39% 5.41% 5.42%
6 mo. Treasury 5.38% 5.41% 5.46%
2 yr. Treasury 4.87% 5.04% 4.41%
5 yr. Treasury (most recent) 4.51% 4.71% 3.76%
10 Yr. Treasury 4.50% 4.68% 3.65%
Town of Los Gatos
Summary Investment Information
May 31, 2024
0 - 1 year
38%
1 - 2 years
17%
2 - 3 years
11%
3 - 5 years
34%
Portfolio Maturity Profile
Compliance: The Town's investments are in compliance with the Town's investment policy dated May 21, 2024, 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. 1 ATTACHMENT 1 Page 40
ITEM NO. 9.
Month YTD
Cash & Investment Balances - Beginning of Month/Period $ 80,969,252.45 $ 78,384,947.79 Receipts 2,742,537.19 69,310,232.86
Disbursements (5,286,013.45) (69,269,404.46)
Cash & Investm Cash & Investment Balances - End of Month/Period $78,425,776.19 $78,425,776.19 Portfolio Allocation Amount % of Portfolio
Max. % or $ Allowed
per State Law or Policy
BNY MM $9,259.63 0.01% 20% of Town Portfolio
US Treasury Notes $20,054,713.77 30.31% No Max. on US Treasuries Government Agency Debenture Notes $15,867,942.90 23.99% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $13,708,668.01 20.72% 30% of Town Portfolio Local Agency Investment Fund $16,516,009.29 24.97% $75 M per State Law Subtotal - InSubtotal - Investments 66,156,593.60 100.00% Reconciled Demand Deposit Balances 12,269,182.59
Total Portfolio Allocation & Treasurer's Cash Balances $78,425,776.19
0.0401
0.0388
Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
May 31, 2024
BNY MM
0.01%
US Treasury Notes
30.31%
Government Agency Debenture
Notes
23.99%
Corporate Medium Term Bonds
20.72%
Local Agency Investment Fund
24.97%
Portfolio Investment Allocation
$75.2 M $78.4 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
May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Treasurer's Fund Balances
2
ITEM NO. 9.
May 2024 May 2024 May 2024
Beginning Deposits Interest/ Ending
Balance Realized Gain/Adj. Earnings Withdrawals Balance Non-Treasury Funds:
Cert. of Participation 2002 Ser A Reserve Fund $ 694,725.27 $ - $ 2,726.60 $ - $ 697,451.87 Note 1 Cert. of Participation 2010 Ser Lease Payment Fund 101.37 - 0.34 - 101.71 Note 2 Cert. of Participation 2002 Ser A Lease Payment Fund 29,421.49 - 115.51 - 29,537.00 Note 1 Cert. of Participation 2010 Ser Reserve Fund 1,376,958.72 - 5,854.68 - 1,382,813.40 Note 2 Total Restricted Funds: $ 2,101,206.85 $ - $ 8,697.13 $ - $ 2,109,903.98 CEPPT IRS Section 115 Trust 2,117,501.51 - 47,918.39 - $ 2,165,419.90 Note 3 Grand Total COP's and CEPPT Trust $ 4,218,708.36 $ - $ 56,615.52 $ - $ 4,275,323.88 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 post employment benefits.
Town of Los Gatos
Non-Treasury Restricted Fund Balances
May 31, 2024
3
ITEM NO. 9.
July 2023 $ 133,845.42
August 2023 $ 131,615.82
September 2023 $ 158,361.71
October 2023 $ 149,112.14
November 2023 $ 163,137.22
December 2023 $ 177,498.26
January 2024 $ 183,950.61
February 2024 $ 183,453.40
March 2024 $ 206,361.80
April 2024 $ 218,590.31
May 2024 $ 232,185.30
June 2024 -
$ 1,938,111.99
Town of Los Gatos
Statement of Interest Earned
May 31, 2024
4
ITEM NO. 9.
Original Issue Market Value Maturity Yield to Interest Interest Interest Days Deposit Par Original (Discount) Market Above (Under) Purchased Date or Maturity Received Earned Earned to Institution CUSIP # Security Coupon Date Value Cost Premium Value Cost Interest Call Date or Call to Date Prior Yrs. Current FY Maturity Apple 037833DB3 Corporate Bond 2.90% 12/20/2022 1,300,000.00 1,228,591.00 (71,409.00) 1,223,859.00 (4,732.00) 6/21/2027 4.19% $ 46,287.22 $ 28,170.97 $ 49,299.20 1116 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 (8,040.00) 962,900.00 (29,060.00) 1/1/2026 3.04% $ 49,750.00 $ 29,252.66 $ 29,784.53 580 US Treasury 912828ZW3 US Treasury Note 0.25% 8/9/2022 350,000.00 322,096.88 (27,903.12) 332,262.00 10,165.12 6/30/2025 3.16% $ 1,217.39 $ 9,366.72 $ 9,683.74 395 FFCB 3133EN5V8 Gov. Agency Debenture 4.13% 1/17/2023 236,000.00 239,174.20 3,174.20 232,367.96 (6,806.24) 1/11/2027 3.76% $ 9,572.75 $ 4,016.30 $ 8,228.52 955 US Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 (87,434.82) 742,096.00 29,530.82 3/31/2026 4.14% $ 9,000.00 $ 23,165.06 $ 28,510.85 669 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 939.60 890,478.00 (10,461.60) 9/30/2025 4.14% $ 57,375.00 $ 28,374.86 $ 34,922.91 487 American Honda 02665WCZ2 Corporate Bond 2.40% 11/27/2019 1,000,000.00 1,012,410.01 12,410.01 997,960.00 (14,450.01) 6/27/2024 2.12% $ 108,733.34 $ 76,483.79 $ 19,602.25 27 JP Morgan Chase 46625HRS1 Corporate Bond 3.20% 9/23/2022 500,000.00 474,660.00 (25,340.00) 481,025.00 6,365.00 3/15/2026 4.70% $ 19,644.44 $ 17,865.15 $ 21,438.18 653 Honeywell Int'l. 438516BW5 Corporate Bond 2.30% 11/20/2019 1,000,000.00 1,014,660.00 14,660.00 993,610.00 (21,050.00) 7/15/2024 1.64% $ 96,983.33 $ 71,679.55 $ 18,273.39 45 FNMA 3135G0V75 Gov. Agency Debenture 1.75% 10/17/2019 1,100,000.00 1,105,833.30 5,833.30 1,096,821.00 (9,012.30) 7/2/2024 1.63% $ 81,331.25 $ 66,718.86 $ 16,581.02 32 FFCB 3133EKQA7 Gov. Agency Debenture 2.08% 10/21/2019 1,000,000.00 1,019,780.00 19,780.00 990,560.00 (29,220.00) 9/10/2024 1.66% $ 91,231.11 $ 61,888.40 $ 15,426.19 102 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 (97,047.60) 1,132,740.00 29,787.60 8/25/2025 3.04% $ 7,687.50 $ 36,626.55 $ 31,964.99 451 US Treasury 912828ZL7 US Treasury Note 0.38% 4/12/2022 1,700,000.00 1,583,927.57 (116,072.43) 1,627,733.00 43,805.43 4/30/2025 2.72% $ 13,066.99 $ 54,017.06 $ 40,877.77 334 FHLB 3130AQF65 Gov. Agency Debenture 1.25% 11/30/2022 1,300,000.00 1,160,559.40 (139,440.60) 1,191,411.00 30,851.60 12/21/2026 4.15% $ 17,197.92 $ 29,385.32 $ 46,572.97 934 FHLB 3130APJH9 Gov. Agency Debenture 1.00% 1/17/2023 1,000,000.00 907,010.00 (92,990.00) 928,860.00 21,850.00 10/28/2026 4.17% $ 13,354.17 $ 15,544.14 $ 31,846.52 880 FFCB 3133EN5N6 Gov. Agency Debenture 4.00% 2/8/2023 1,700,000.00 1,706,732.00 6,732.00 1,664,402.00 (42,330.00) 1/6/2028 3.91% $ 61,955.56 $ 25,921.64 $ 61,335.71 1315 Freddie Mac 3137EAEX3 Gov. Agency Debenture 0.38% 5/1/2023 750,000.00 689,032.50 (60,967.50) 705,390.00 16,357.50 9/23/2025 3.97% $ 2,515.62 $ 4,638.18 $ 25,973.84 480 American Honda 02665WED9 Corporate Bond 4.70% 5/11/2023 600,000.00 608,856.00 8,856.00 593,034.00 (15,822.00) 1/12/2028 4.34% $ 18,878.33 $ 3,603.61 $ 24,216.27 1321 US Treasury 91282CEF4 US Treasury Note 2.50% 6/9/2023 1,500,000.00 1,416,626.12 (83,373.88) 1,412,865.00 (3,761.12) 3/31/2027 4.09% $ 30,327.87 $ 3,416.23 $ 54,659.75 1034 US Treasury 91282CGA3 US Treasury Note 4.00% 6/20/2023 2,100,000.00 2,080,558.59 (19,441.41) 2,067,849.00 (12,709.59) 12/15/2025 4.40% $ 40,852.46 $ 2,515.25 $ 84,512.29 563 Colgate-Palmolive 194162AR4 Corporate Bond 4.60% 7/14/2023 500,000.00 504,655.00 4,655.00 497,890.00 (6,765.00) 2/1/2028 4.37% $ 14,502.79 $ - $ 19,389.08 1341 FannieMae 3135G06G3 Gov. Agency Debenture 0.50% 7/14/2023 500,000.00 455,157.00 (44,843.00) 468,935.00 13,778.00 11/7/2025 4.63% $ 2,034.72 $ - $ 19,253.23 525 FFCB 3133EPQC2 Gov. Agency Debenture 4.63% 7/17/2023 500,000.00 501,957.50 1,957.50 496,870.00 (5,087.50) 7/17/2026 4.48% $ 11,562.50 $ - $ 19,640.87 777 FFCB 3133EPBM6 Gov. Agency Debenture 4.13% 7/14/2023 600,000.00 596,220.00 (3,780.00) 589,656.00 (6,564.00) 8/23/2027 4.29% $ 15,056.25 $ - $ 22,645.15 1179 PNC Bank 69353RFJ2 Corporate Bond 3.25% 7/25/2023 1,000,000.00 921,490.00 (78,510.00) 932,480.00 10,990.00 12/23/2027 5.23% $ 15,979.17 $ - $ 42,838.56 1301 US Treasury 91282CFU0 US Treasury Note 4.13% 7/31/2023 1,300,000.00 1,290,660.60 (9,339.40) 1,278,160.00 (12,500.60) 10/31/2027 4.31% $ 40,218.75 $ - $ 46,644.13 1248 Toyota Motor Credit 89236TKL8 Corporate Bond 5.45% 8/25/2023 1,600,000.00 1,617,168.00 17,168.00 1,620,048.00 2,880.00 11/10/2027 5.16% $ 61,766.67 $ - $ 63,767.64 1258 US Treasury 912810FE3 US Treasury Note 5.50% 10/3/2023 1,200,000.00 1,238,207.14 38,207.14 1,244,856.00 6,648.86 8/15/2028 4.76% $ 24,211.96 $ - $ 38,399.27 1537 Pepsico Inc 713448DF2 Corporate Bond 2.85% 10/16/2023 1,000,000.00 947,570.00 (52,430.00) 963,640.00 16,070.00 11/24/2025 5.24% $ 10,133.33 $ - $ 33,327.47 542 FFCB 3133EPUW3 Gov. Agency Debenture 4.75% 10/13/2023 1,000,000.00 994,338.00 (5,662.00) 997,870.00 3,532.00 9/1/2026 4.96% $ 18,208.33 $ - $ 31,302.56 823 Freddie Mac 3137EAEP0 Gov. Agency Debenture 1.50% 10/13/2023 1,000,000.00 951,540.00 (48,460.00) 974,320.00 22,780.00 2/12/2025 5.32% $ 4,958.33 $ - $ 32,432.21 257 US Treasury 91282CEW7 US Treasury Note 3.25% 10/16/2023 1,000,000.00 950,039.06 (49,960.94) 959,340.00 9,300.94 6/30/2027 4.73% $ 6,711.96 $ - $ 28,720.51 1125 US Treasury 91282CEN7 US Treasury Note 2.75% 10/31/2023 1,300,000.00 1,214,336.39 (85,663.61) 1,231,295.00 16,958.61 4/30/2027 4.82% $ 17,875.00 $ - $ 35,150.78 1064 US Treasury 912828YV6 US Treasury Note 1.50% 11/15/2023 700,000.00 673,667.97 (26,332.03) 686,903.00 13,235.03 11/30/2024 5.26% $ 5,680.33 $ - $ 19,380.25 183 US Treasury 91282CAB7 US Treasury Note 0.25% 11/15/2023 675,000.00 623,900.39 (51,099.61) 638,300.25 14,399.86 7/31/2025 4.92% $ 353.09 $ - $ 17,129.71 426 US Treasury 91282CGU9 US Treasury Note 3.88% 11/30/2023 1,000,000.00 983,515.62 (16,484.38) 989,150.00 5,634.38 3/31/2025 5.17% $ 12,916.67 $ - $ 25,622.42 304 US Treasury 91282CCH2 US Treasury Note 1.25% 12/21/2023 900,000.00 798,647.55 (101,352.45) 788,868.00 (9,779.55) 6/30/2028 3.99% $ 305.71 $ - $ 14,926.06 1491 FNMA 3135G0Q22 Gov. Agency Debenture 1.88% 12/21/2023 900,000.00 845,676.00 (54,324.00) 841,851.00 (3,825.00) 9/24/2026 4.22% $ 4,359.38 $ - $ 16,220.37 846 US Treasury 91282CFB2 US Treasury Note 2.75% 1/2/2024 1,000,000.00 960,354.91 (39,645.09) 943,590.00 (16,764.91) 7/31/2027 3.95% $ 2,167.12 $ - $ 15,854.79 1156 US Treasury 91282CHE4 US Treasury Note 3.63% 1/17/2024 1,800,000.00 1,775,185.72 (24,814.28) 1,736,370.00 (38,815.72) 5/31/2028 3.97% $ 24,067.63 $ - $ 26,232.51 1461 JP Morgan Chase 46647PDG8 Corporate Bond 4.85% 2/1/2024 1,400,000.00 1,396,528.00 (3,472.00) 1,380,498.00 (16,030.00) 1,131.90 7/25/2027 4.93% $ (1,131.90) $ - $ 22,655.95 1150 US Bancorp 91159HJF8 Corporate Bond 4.55% 2/5/2024 1,000,000.00 989,200.00 (10,800.00) 972,510.00 (16,690.00) 1,642.33 7/22/2027 4.89% $ (1,642.33) $ - $ 15,445.84 1147 Treasury 91282CHB0 US Treasury Note 3.63% 2/23/2024 1,175,000.00 1,151,962.92 (23,037.08) 1,147,093.75 (4,869.17) 5/15/2026 4.56% $ 9,595.30 $ - $ 14,216.47 714 FHLB 3130AXB31 Gov. Agency Debenture 4.88% 2/27/2024 1,000,000.00 1,003,060.00 3,060.00 999,460.00 (3,600.00) 3/13/2026 4.72% $ 2,979.17 $ - $ 12,168.70 651 FFCB 3133EP5U5 Gov. Agency Debenture 4.13% 3/28/2024 1,700,000.00 1,687,981.00 (12,019.00) 996,300.00 (691,681.00) 1,558.33 3/20/2029 4.28% $ (1,558.33) $ - $ 12,719.00 1754 US Treasury 9128285M8 US Treasury Note 3.13% 4/30/2024 1,200,000.00 1,123,832.14 (76,167.86) 1,130,388.00 6,555.86 11/15/2028 4.69% $ 1,545.34 $ - $ 4,607.34 1629 Cisco Systems 17275RBR2 Corporate Bond 4.85% 5/15/2024 1,000,000.00 999,130.00 (870.00) 995,660.00 (3,470.00) 10,643.06 1/26/2029 4.87% $ (10,643.06) $ - $ 2,134.13 1701 Home Depot 437076CW0 Corporate Bond 4.90% 5/17/2024 1,000,000.00 1,001,790.00 1,790.00 1,667,870.00 666,080.00 4,355.56 3/15/2029 4.86% $ (4,355.56) $ - $ 1,865.24 1749 Treasury 91282CJR3 US Treasury Note 3.75% 5/31/2024 1,200,000.00 1,154,629.02 (45,370.98) 1,159,872.00 5,242.98 18,791.21 12/31/2028 4.68% $ (18,791.21) $ - $ - 1675 Subtotal $ 51,186,000.00 $ 49,631,324.68 $ (1,554,675.32) $ 49,598,266.96 $ (33,057.72) $ 38,122.39 $ 1,046,029.36 $ 592,650.31 $ 1,308,401.12 BNY MM Money Market 9,259.63 9,259.63 0.00 0.00% 1
LAIF State Investment Pool 16,516,009.29 16,420,072.20 (95,937.09) 4.33% 497,013.31 1 66,156,593.60 $66,027,598.79 ($128,994.81) $38,122.39 $ 1,046,029.36 $ 592,650.31 $ 1,805,414.43 Matured Assets
PNC Financial 69349LAM0 Corporate Bond 3.80% 2/7/2022 1,000,000.00 1,033,470.00 33,470.00 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 (11,625.00) 7/31/2023 0.75% $ 2,323.37 $ 13,176.45 $ 766.36 Toyota Motor Credit 89236THA6_1 Corporate Bond 1.35% 4/12/2021 500,000.00 510,580.00 10,580.00 8/25/2023 0.45% $ 15,993.75 $ 5,065.91 $ 350.67 Toyota Motor Credit 89236THA6 Corporate Bond 1.35% 1/11/2022 1,100,000.00 1,107,315.00 7,315.00 8/25/2023 0.94% $ 24,090.00 $ 15,144.57 $ 1,585.23 US Treasury 91282CDA6 US Treasury Note 0.25% 1/31/2022 1,100,000.00 1,085,222.44 (14,777.56) 9/30/2023 1.07% $ 4,570.74 $ 16,417.94 $ 2,932.91 American Honda 02665WCQ2 Corporate Bond 3.63% 9/14/2021 950,000.00 1,012,871.00 62,871.00 10/10/2023 0.41% $ 71,362.15 $ 7,316.05 $ 1,141.03 FFCB 3133EMCQ3 Gov. Agency Debenture 0.28% 10/16/2020 2,000,000.00 1,998,000.00 (2,000.00) 10/13/2023 0.31% $ 16,753.33 $ 16,950.71 $ 1,803.27 US Treasury 91282CAP6 US Treasury Note 0.13% 6/30/2021 1,000,000.00 995,390.63 (4,609.37) 10/15/2023 0.33% $ 2,865.44 $ 6,520.12 $ 955.69 US Treasury 91282CDD0 US Treasury Note 0.38% 1/13/2022 1,100,000.00 1,090,675.78 (9,324.22) 10/31/2023 0.85% $ 7,406.77 $ 13,599.56 $ 3,138.36 US Treasury 91282CAW1 US Treasury Note 0.25% 7/15/2021 1,200,000.00 1,199,437.50 (562.50) 11/15/2023 0.27% $ 7,002.72 $ 6,348.21 $ 1,225.25 US Treasury 912828U57 US Treasury Note 2.13% 7/31/2019 1,000,000.00 1,011,875.00 11,875.00 11/30/2023 1.84% $ 92,083.33 $ 72,526.17 $ 7,759.79 FFCB 3133EJ3Q0 Gov. Agency Debenture 2.88% 8/28/2019 1,500,000.00 1,587,503.75 87,503.75 12/21/2023 2.12% $ 164,473.96 $ 87,804.46 $ 10,897.27 US Treasury 912828V23 US Treasury Note 2.25% 11/29/2021 1,000,000.00 1,032,933.04 32,933.04 12/31/2023 0.66% $ 46,956.52 $ 10,649.43 $ 3,390.13 US Treasury 91282CBE0 US Treasury Note 0.13% 9/15/2021 650,000.00 647,615.46 (2,384.54) 1/15/2024 0.28% $ 1,894.37 $ 3,281.18 $ 999.93 US Treasury 91282CBE0_2 US Treasury Note 0.13% 10/7/2021 1,000,000.00 994,768.98 (5,231.02) 1/15/2024 0.36% $ 2,839.67 $ 6,137.79 $ 1,935.69 FFCB 3133EKMX1 Gov. Agency Debenture 2.23% 8/2/2019 1,000,000.00 1,014,400.00 14,400.00 2/23/2024 1.90% $ 107,225.83 $ 74,902.07 $ 12,483.68 US Bancorp 91159HHV5 Corporate Bond 3.38% 12/24/2019 1,000,000.00 1,049,040.00 49,040.00 2/5/2024 2.12% $ 138,843.75 $ 76,859.43 $ 13,169.06 JP Morgan Chase 46625HJT8 Corporate Bond 3.88% 9/23/2019 1,400,000.00 1,485,414.00 85,414.00 2/1/2024 2.39% $ 236,288.89 $ 130,689.90 $ 20,515.28 FHLB 3130ALH98 Gov. Agency Debenture 0.25% 2/26/2021 1,000,000.00 997,610.00 (2,390.00) 2/26/2024 0.33% $ 7,500.00 $ 7,713.30 $ 2,176.70 FFCB 3133EMBE1 Gov. Agency Debenture 0.30% 10/8/2020 1,600,000.00 1,598,000.00 (2,000.00) 3/28/2024 0.34% $ 16,653.34 $ 14,655.57 $ 4,006.35 US Treasury 912828X70 US Treasury Note 2.00% 12/30/2019 1,000,000.00 1,010,589.29 10,589.29 4/30/2024 1.75% $ 86,703.30 $ 61,478.37 $ 14,672.07 IBM 459200JY8 Corporate Bond 3.00% 3/25/2021 1,000,000.00 1,071,040.00 71,040.00 5/15/2024 0.71% $ 94,166.67 $ 16,751.96 $ 6,482.02 Caterpillar Financial Serv 14913Q2V0 Corporate Bond 2.85% 2/23/2021 1,000,000.00 1,077,370.00 77,370.00 5/17/2024 0.44% $ 92,150.00 $ 10,677.18 $ 4,011.73 US Treasury 912828XT2 US Treasury Note 2.00% 10/31/2019 1,000,000.00 1,015,667.41 15,667.41 5/31/2024 1.64% $ 91,639.34 $ 60,792.37 $ 15,266.25 Total Investments "Matured" $ 132,697.56
Total Interest FY 23_24 Matured and Current $ 1,938,111.99 Maturity Profile Amount Percent
0-1 year $ 24,870,603.39 38%
1-2 years $11,456,415.46 17%
2-3 years $7,279,677.61 11%
3-5 years $ 22,549,897.14 34%
$66,156,593.60 100%
Town of Los Gatos
Investment Schedule
May 31, 2024
5
ITEM NO. 9.
Date Cusip/Id Description Transaction Type
Settlement
Date Par Coupon Maturity Date Price Principal Interest
Transaction
Total
5/2/2024 Cash-USD Cash-USD
SHORT TERM INVESTMENT
FUND INCOME 5/2/2024 472.72 0.00% 100.00 - - 472.72
5/7/2024 3135G06G3 FANNIE MAE 0.5% 07NOV2025 BOND INTEREST 5/7/2024 500,000 50.00% 11/7/2025 - - 1,250.00 1,250.00 5/10/2024 89236TKL8
TOYOTA MOTOR CREDIT CORP 5.45%
10NOV2027 BOND INTEREST 5/10/2024 1,600,000 545.00% 11/10/2027 - - 43,600.00 43,600.00 5/15/2024 17275RBR2
CISCO SYSTEMS INC 4.85% 26FEB2029
(CALLABLE 26JAN29) PURCHASE 5/15/2024 1,000,000 485.00% 2/26/2029 99.91 999,130.00 10,643.06 1,009,773.06 5/17/2024 437076CW0
HOME DEPOT INC 4.9% 15APR2029
(CALLABLE 15MAR29) PURCHASE 5/17/2024 1,000,000 490.00% 4/15/2029 100.18 1,001,790.00 4,355.56 1,006,145.56 5/15/2024 9128285M8 USA TREASURY 3.125% 15NOV2028 BOND INTEREST 5/15/2024 1,200,000.00 312.50% 11/15/2028 - - 18,750.00 18,750.00 5/15/2024 459200JY8 IBM CORP 3% 15MAY2024 BOND INTEREST 5/15/2024 1,000,000.00 300.00% 5/15/2024 - - 15,000.00 15,000.00 5/15/2024 91282CHB0 USA TREASURY 3.625% 15MAY2026 BOND INTEREST 5/15/2024 1,175,000.00 362.50% 5/15/2026 - - 21,296.88 21,296.88 5/15/2024 459200JY8 IBM CORP 3% 15MAY2024 REDEMPTION 5/15/2024 1,000,000 300.00% 5/15/2024 100.00 1,000,000.00 - 1,000,000.00 5/17/2024 14913Q2V0
CATERPILLAR FINL SERVICE 2.85%
17MAY2024 REDEMPTION 5/17/2024 1,000,000 285.00% 5/17/2024 100.00 1,000,000.00 - 1,000,000.00 5/17/2024 14913Q2V0
CATERPILLAR FINL SERVICE 2.85%
17MAY2024 BOND INTEREST 5/17/2024 1,000,000 285.00% 5/17/2024 - - 14,250.00 14,250.00 5/31/2024 91282CJR3 USA TREASURY 3.75% 31DEC2028 PURCHASE 5/31/2024 1,200,000 375.00% 12/31/2028 96.22 1,154,629.02 18,791.21 1,173,420.23 5/31/2024 912828YV6 USA TREASURY 1.5% 30NOV2024 BOND INTEREST 5/31/2024 700,000 150.00% 11/30/2024 - - 5,250.00 5,250.00 5/31/2024 912828XT2 USA TREASURY 2% 31MAY2024 BOND INTEREST 5/31/2024 1,000,000 200.00% 5/31/2024 - - 10,000.00 10,000.00 5/31/2024 91282CHE4 USA TREASURY 3.625% 31MAY2028 BOND INTEREST 5/31/2024 1,800,000 362.50% 5/31/2028 - - 32,625.00 32,625.00 5/31/2024 912828XT2 USA TREASURY 2% 31MAY2024 REDEMPTION 5/31/2024 1,000,000 200.00% 5/31/2024 100.00 1,000,000.00 - 1,000,000.00 Town of Los Gatos
Investment Transaction Detail
May 31, 2024
6
ITEM NO. 9.
Security Description Maturity Date Par/Shares S&P Rating Moody Rating Insight ESG Rating Environment Social Governance AMERICAN HONDA FINANCE 2.4% 27JUN2024 6/27/2024 $ 1,000,000 A- A3 3 3 3 3 HONEYWELL INTERNATIONAL 2.3% 15AUG2024 (CALLABLE 15JUL24) 8/15/2024 $ 1,000,000 A A2 4 3 4 4 PEPSICO INC 2.85% 24FEB2026 (CALLABLE 24NOV25) 46077 $ 1,000,000 A+ A1 2 2 2 3 HOME DEPOT INC. 3% 01APR2026 (CALLABLE 01JAN2026) 46113 $ 1,000,000 A A2 2 3 2 3 JPMORGAN CHASE & CO 3.2 15JUN2026 (CALLABLE 15MAR26) 6/15/2026 $ 500,000 A- A1 3 1 3 4 APPLE INC. 2.9% 12SEP2027 (CALLABLE 12JUN27) 9/12/2027 $ 1,300,000 AA+ Aaa 4 1 4 5 TOYOTA MOTOR CREDIT CORP 5.45% 10NOV2027 11/10/2027 $ 1,600,000 A+ A1 4 2 3 4 AMERICAN HONDA FINANCE 4.7% 12JAN2028 1/12/2028 $ 600,000 A- A3 3 3 3 3 PNC BANK NA 3.25% 22JAN2028 (CALLABLE 01 FEB28) 1/22/2028 $ 1,000,000 A A2 3 2 3 3 COLGATE-PALMOLIVE CO 4.6% 01MAR2028 (CALLABLE 01FEB28) 3/1/2028 $ 500,000 A+ Aa3 3 2 3 3 US BANCORP 4.548% 22JUL2028 (CALLABLE 22JUL27) 7/222028 $ 1,000,000 A A3 3 3 4 3 JPMORGAN CHASE & CO 4.851% 25JUL2028 (CALLABLE 25JUL28) 7/25/2028 $ 1,400,000 A- A1 3 1 3 4 CISCO INC. 4.85% 26FEB2029 (CALLABLE 26JAN2029) 47175 $ 1,000,000 AA- A1 2 1 3 4 HOME DEPOT INC. 4.9% 15APR2029 (CALLABLE 15MAR2029) 4/15/2029 $ 1,000,000 A A2 2 3 2 3 Total/Average $ 13,900,000 2.9 2.1 3.0 3.5
*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 May 31, 2024
7
ITEM NO. 9.
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 1,400,163 - - - - - 1,400,163
Land Held for Resale 44,338 - - - - - 44,338
Committed Fund Balances:
Budget Stabilization 6,129,774 - - - - - 6,129,774
Catastrophic 6,129,775 - - - - - 6,129,775
Pension/OPEB 300,000 - - - - - 300,000
Measure G District Sales Tax 590,581 - - - - - 590,581
Assigned Fund Balances:
Open Space 410,000 - - - - - 410,000
Sustainability 140,553 - - - - - 140,553
Capital/Special Projects 10,359,577 - - - - - 10,359,577 Carryover Encumbrances 37,698 - - - - - 37,698
Compensated Absences 1,580,623 - - - - - 1,580,623
ERAF Risk Reserve 689,608 - - - - - 689,608
Council Priorities - Economic Recovery 1,556,614 - - - - - 1,556,614 Unassigned Fund Balances:
111 Other Unassigned Fund Balance Reserve (Pre YE distribution) - 4,374,779 2,270,453 (5,386,802) - - 1,258,430 General Fund Total 29,528,304 4,374,779 2,270,453 (5,386,802) - - 30,786,734 * Interfund transfers and ARPA funding allocation to be performed as part of the fiscal year end closing entries.
May 2024
Prior Year
Carryforward
7/1/2023
Increase/
(Decrease)
July - Apr
Estimated Fund
Balance
5/31/2024*
8
ITEM NO. 9.
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) 629,843 75,084 29,996 (24,157) - - 710,766 231-236 Landscape & Lighting Districts 176,964 1,893 - (4,797) - - 174,060 251 Los Gatos Theatre 74,991 51,694 11,596 (5,890) - - 132,391 711-716 Library Trusts 530,173 61,244 - (4,986) - - 586,431 Special Revenue Total 1,578,624 189,915 41,592 (39,830) - - 1,770,301
CAPITAL PROJECTS
411 GFAR - General Fund Appropriated Reserve 21,725,837 (1,439,897) 89,851 (186,911) - - 20,188,880 412 Community Center Development - 866,281 - - - - 866,281 421 Grant Funded Projects (406,890) 71,384 824,805 (91,669) - - 397,630 461-463 Storm Basin Projects 3,218,331 177,830 13,600 - - - 3,409,761 471 Traffic Mitigation Projects 431,079 - - - - - 431,079 472 Utility Undergrounding Projects 3,438,996 22,779 1,248 - - - 3,463,023 481 Gas Tax Projects 1,671,245 (216,846) 142,102 - - - 1,596,501 Capital Projects Total 30,078,598 (518,469) 1,071,606 (278,580) - - 30,353,155
INTERNAL SERVICE FUNDS
611 Town General Liability 212,022 (16,570) - (8,541) - - 186,911 612 Workers Compensation 514,813 (698,988) 161,204 (83,047) - - (106,018) 621 Information Technology 2,474,618 (33,857) 12,504 (24,245) - - 2,429,020 631 Vehicle & Equipment Replacement 2,413,719 723,003 - (51,921) - - 3,084,801 633 Facility Maintenance 927,700 121,507 7,181 (105,021) - - 951,367 Internal Service Funds Total 6,542,872 95,095 180,889 (272,775) - - 6,546,081 Trust/Agency
942 RDA Successor Agency (6,187,789) (1,666,050) (165) - - (7,854,004) Trust/Agency Fund Total (6,187,789) (1,666,050) - (165) - - (7,854,004) Total Town 61,540,609 3,564,540 (5,978,152) - - 61,602,267 * Interfund transfers and ARPA funding allocation to be performed as part of the fiscal year end closing entries.
Deposit Accounts of Interest:
111-23541 General Plan Update deposit account balance $720,514.04 111-23521 BMP Housing deposit account balance $4,021,280.60 Prior Year
Carryforward
7/1/2023
Increase/
(Decrease)
July - Apr
May 2024 Estimated Fund
Balance
5/31/2024*
9
ITEM NO. 9.
PREPARED BY: Dan Keller
Facilities & Environmental Services Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/06/2024
ITEM NO: 10
DATE: July 19, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Following Actions for Town Janitorial Services:
a. Authorize the Town Manager to Execute a Four-Year, Nine-Month Agreement for Services with Frank and Grossman Landscape Contractors, Inc. for Janitorial Services Including a Contingency for Unforeseen Work for a Total Agreement Amount of $1,270,370; and
b. Authorize an Expenditure Budget Adjustment in an Amount of $40,658 from the Available Special/Capital Projects Reserve
RECOMMENDATION:
Authorize the following actions for Town janitorial services:
a. Authorize the Town Manager to execute a four-year, nine-month agreement for services with Frank and Grossman Landscape Contractors, Inc. (Attachment 1) for janitorial services including a contingency for unforeseen work for a total agreement amount of $1,270,370; and
b. Authorize an expenditure budget adjustment in an amount of $40,658 from the available Special/Capital Projects Reserve.
BACKGROUND:
The Town of Los Gatos contracts janitorial services for facilities occupied by Town personnel and public restrooms in parks. Staff has determined that contracting janitorial services is the most cost-effective delivery method for this component of building maintenance. The current janitorial services contract will expire on September 30, 2024.
ITEM NO. 10.
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Five-Year Agreement for Services with Frank and Grossman Landscape Contractors, Inc. for Janitorial Services Including a Contingency for Unforeseen Work
DATE: July 19, 2024
DISCUSSION:
With the existing janitorial contract set to expire on September 30, 2024, staff advertised a Request for Proposal (RFP) on April 19, 2024, for contracted janitorial services at the Town’s three main municipal facilities and four park restrooms. Firms were asked to provide their capability, qualifications, and costs to provide scheduling of specific services on different evenings of the week.
Sixteen companies attended a mandatory walkthrough, and twelve proposals were received on May 14, 2024. Five companies were qualified based on the RFP requirements. A summary of results shown on Attachment 2. While the bid is proposed for award to the lowest price vendor staff evaluated qualifications and performed reference checks to verify the quality of service that will be provided. Frank and Grossman Landscape Contractors, Inc. presented the lowest responsible proposal of $256,920 annually. Staff recommends adding $10,000 annually for unforeseen work, resulting in a four-year, nine-month agreement for $1,270,370.
With the contract start date beginning October 1, 2024, Year 1 expenses are calculated for nine months, equaling $192,690 plus $10,000 for unforeseen expenses.
Year 1 = 10/1/24 – 6/30/25 = $192,690 + $10,000 unforeseen = $202,690 Year 2 = 7/1/25 – 6/30/26 = $256,920 + $10,000 unforeseen = $266,920 Year 3 = 7/1/26 – 6/30/27 = $256,920 + $10,000 unforeseen = $266,920 Year 4 = 7/1/27 – 6/30/28 = $256,920 + $10,000 unforeseen = $266,920 Year 5 = 7/1/28 – 6/30/29 = $256,920 + $10,000 unforeseen = $266,920 Compensation for services in the amount not to exceed $1,270,370, inclusive of all costs. Total compensation does not include Consumer Price Index (CPI) adjustments for years 2 through 5.
Frank and Grossman Landscape Contractors, Inc. submitted a strong proposal with good references indicating a successful work history with other municipalities. The agreement term allows for continuity of service and maximizes savings by engaging the firm for multiple years. The contract language provides for cancellation should the need arise during the contract term.
CONCLUSION:
The Agreement for Services with Frank and Grossman Landscape Contractors, Inc. will provide ongoing janitorial services for Town facilities through June 30, 2029.
ITEM NO. 10.
PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Five-Year Agreement for Services with Frank and Grossman Landscape Contractors, Inc. for Janitorial Services Including a Contingency for Unforeseen Work
DATE: July 19, 2024
FISCAL IMPACT:
The Adopted Fiscal Year (FY) 2024/25 Operating Budget includes $228,583 in the Facilities Maintenance Fund for janitorial services. The existing contract is in an amount of $66,580.08 and expires September 30, 2024. The remaining balance of $162,032 leaves a $40,658 deficit for executing the new contract with Frank and Grossman Landscape Contractors Inc. Staff is requesting an expenditure budget adjustment in an amount of $40,658 from the Special/Capital Projects Reserve to fund the FY 2024/25 janitorial services under this contract.
Future Proposed Operating Budgets will include a request for $266,920 per year plus any CPI increase, if needed, for the janitorial services contract.
ENVIRONMENTAL ASSESSMENT:
In accordance with CEQA Guidelines Section 15378(b)(5), approval of this agreement is not a project subject to CEQA because it is an administrative activity that will not impact the environment.
Attachments:
1. Agreement for Services with Exhibit A
2. Proposal Summary
ITEM NO. 10.
Agreement for Services
Frank and Grossman Landscape Contractors Inc.
AGREEMENT FOR SERVICES
PREAMBLE
THIS AGREEMENT is dated for identification on this 6
th day of August 2024 by and between TOWN
OF LOS GATOS, a California municipal corporation, (“Town”) and Frank and Grossman Landscape Contractors Inc., (“Service Provider”), identified as an S corporation and whose address is 3248 Arden Road, Hayward, CA 94545. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 Town sought quotations for the services described in this Agreement, and Service Provider was found to be the lowest responsible supplier for this purchase.
1.2 Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Town desires to engage Service Provider to provide janitorial services.
1.4 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.
II. AGREEMENT
2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on May 14, 2024, which is hereby incorporated by reference and attached as Exhibit A.
2.2 Term and Time of Performance. The effective date of this Agreement shall begin October 1, 2024, through June 30, 2029 subject to appropriation of funds, notwithstanding any other provision in this agreement.
2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
ATTACHMENT 1
ITEM NO. 10.
Agreement for Services
Frank and Grossman Landscape Contractors Inc.
2.5 Information/Report Handling. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Service Provider in connection with other projects shall be solely at Town's risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.
2.6 Compensation: Compensation for year one (FY2024/25) shall not exceed $202,690. Compensation for future years will be the base cost of $266,920 and shall be adjusted upward annually for the remaining term of this agreement by the change, if any, in the San Francisco-Oakland-San Jose Metropolitan Area Consumer Price Index for All Urban Consumers, all items (CPI). The adjustment shall be based upon the CPI published on December 31 of the preceding year. If the CPI indicates a downward adjustment, compensation would remain at the base amount. Payment shall be based upon Town approval of each task.
Year 1 = 10/1/24 – 6/30/25 = $192,690 + $10,000 unforeseen = $202,690 Year 2 = 7/1/25 – 6/30/26 = $256,920 + $10,000 unforeseen = $266,920 Year 3 = 7/1/26 – 6/30/27 = $256,920 + $10,000 unforeseen = $266,920 Year 4 = 7/1/27 – 6/30/28 = $256,920 + $10,000 unforeseen = $266,920 Year 5 = 7/1/28 – 6/30/29 = $256,920 + $10,000 unforeseen = $266,920 Compensation for services in the amount not to exceed $1,270,370, inclusive of all costs. *Total compensation does not include CPI adjustments for Years 2-5.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
ITEM NO. 10.
Agreement for Services
Frank and Grossman Landscape Contractors Inc.
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
Email (preferred): [email protected]
2.8 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Service Provider. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Service Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Service Provider may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Service Provider or is based on allegations of Service Provider's negligent performance or wrongdoing.
2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Service Provider warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Service Provider shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
ITEM NO. 10.
Agreement for Services
Frank and Grossman Landscape Contractors Inc.
2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Service Provider agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
General Liability:
i. The Town, its elected and appointed officials, employees, and agents are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider. ii. The Service Provider's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider's insurance and shall not contribute with it.
ITEM NO. 10.
Agreement for Services
Frank and Grossman Landscape Contractors Inc.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement.
Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.
3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, employees, and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15)
ITEM NO. 10.
Agreement for Services
Frank and Grossman Landscape Contractors Inc.
written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider.
In the event of such termination, Town shall pay Service Provider an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a “public work” by the State of California. This includes: construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.
4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.
4.4.2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.
The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including,
ITEM NO. 10.
Agreement for Services
Frank and Grossman Landscape Contractors Inc.
but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
4.4.5 In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.
4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
4.4.7 No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the TOWN for any fines assessed by the California Department of Industrial Relations against the TOWN for such violation, including all staff costs and attorney’s fee relating to such fine.
4.4.9 The TOWN shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the contract.
4.5 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.
4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
ITEM NO. 10.
Agreement for Services
Frank and Grossman Landscape Contractors Inc.
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Frank and Grossman
Landscape Contractors Inc.,
3248 Arden Road,
Hayward, CA 94545
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.
4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.
ITEM NO. 10.
Agreement for Services
Frank and Grossman Landscape Contractors Inc.
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Nicolle Burnham
Director of Parks and Public Works
Frank and Grossman Landscape Contractors
Inc. by:
Rick Oropeza, Vice President of Commercial
Operations
Approved as to Form:
_____________________________________
Gabrielle Whelan, Town Attorney
Attest:
______________________________________
Wendy Wood, CMC, Town Clerk
ITEM NO. 10.
1 REQUEST FOR PROPOSALS:
CONTRACT JANITORIAL SERVICES
May, 14 2024
Prepared for:
Wendy Wood
Town Clerk
Location:
3248 Arden Road
Hayward, CA 94545
Contact:
(415) 470-3196
[email protected]
Proposed By:
Jackie Hodgdon
Business Development Manager
Contact:
(408) 354-6888
[email protected]
Location:
41 Miles Avenue
Los Gatos, CA 95030
EXHIBIT A
ITEM NO. 10.
4 COVER LETTER
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
05/14/2024
Dear Town of Los Gatos,
We are writing to express our interest in the Janitorial Services for the Town of Los Gatos.
Frank and Grossman Landscape Contractors, Inc. is a well-established landscape and janitorial contractor with over 40 years of experience in the Bay Area.
As a responsible S-Corp and ESOP firm, we take pride in our commitment to our employees and our fiduciary responsibility. We have reviewed the bid documents and visited the sites to familiarize ourselves with the access, level of use and have begun outlining our plan of action.
Our extensive experience allow us to efficiently and effectively provide the specific work tasks outlined in the Request For Proposal.
We guarantee that no subcontractors will be used, and we hold ourselves to the highest standards of ethical conduct. We certify that no payments will be made to any employee or official of the Town of Los Gatos in exchange for any services, and we have no conflicts of interest.
We have no current or past litigation against us.
Our offer is firm and irrevocable for 60 days from the proposal due date, and we can meet all insurance requirements. We are ready to begin work as soon as we are appointed, and we will perform the work as outlined in the RFP as well as in the addendum #1.
Your contact that is authorized to make decisions for this bid is Jackie Hodgdon. She may be reached at 415-470-3196 or [email protected]. We look forward to the opportunity to provide exceptional custodial services to the Town of Los Gatos.
Sincerely,
Rick Oropeza
Vice President of Commercial Operations
Frank and Grossman Landscape Contractors, Inc.
(415) 828-3946, [email protected]
ITEM NO. 10.
5 QUALIFICATIONS OF THE FIRM
F+G’s history of 40 years of experience in the service industry, and 10 years with a janitorial department have exposed us to a wide variety of clients, locations and demands (including COVID disinfecting protocols). Our keystone client, Caltrain, of 10 years, with 31 stations, has specifically exposed us to every kind of pedestrian trash and defecation. We also provide regular power washing duties for them as well as other clients. Our experienced team is ready to handle any and all of your janitorial needs.
F+G Motto:
“Investing in people, devoted to our craft,
exceeding expectations”
—————————————————————————————
Before After
GRAFFITI REMOVAL SAMPLE
ITEM NO. 10.
6 PREVAILING WAGE
Frank and Grossman has experience with prevailing wages. We will comply with all local and federal labor laws. We are currently registered with the DIR for both landscape and janitorial services.
Renewed and active through 2025
ITEM NO. 10.
13 REFERENCES
You are only as good as your current work. We have included a list of long term partners as well as new clients for you to interview and hear from them first hand.
These are examples of our work where we interface with public and private citizens in urban corridors.
City of Gilroy 5+ years
Scope of Work: Janitorial Services
throughout City facilities
Contract Size: $298K+ Annually
“F+G is always there for us”
Walter Dunckel
Facilities Superintendent
(408) 846-0282
[email protected]
7351 Rosanna Street, Gilroy
CPMC– Sutter Health 13+ Years
Scope of Work: Day Porter, Janitorial and
Landscape Services at hospitals
Contract Size: $480K+ Annually
“Committed to resolving client’s
concerns”
Rigo Hurtado
CPMC Manager
(415) 600-2220
[email protected]
2351 Clay Street, San Francisco
City of East Palo Alto 1+ Year
Scope of Work: Janitorial Services at City
buildings
Contract Size: $110K+ Annually
“Received several positive comments
regarding staff’s detail work”
Jay Farr
Public Works Manager
(650) 853-3105
[email protected]
150 Tara Road, East Palo Alto
Caltrain – TASI 10+ years
Scope of Work: Janitorial, Day Porters
Landscape and Pressure Washing
Contract Size: $2.2M+ Annually
“F&G has proven to be dependable,
reliable, responsive and thorough”
Henry Arellanes
Facilities Maintenance Supervisor
(650) 862-0379
[email protected]
4000 Campbell Avenue, Menlo Park
ITEM NO. 10.
14 EQUIPMENT AND SUPPLIES
EQUIPMENT CHEMICALS & SUPPLIES
Scissor Lift for Windows at Library
Trash can and dolly set up with
commercial cleaners, broom, rags,
gloves.
We use commercial grade, ready to
use, labeled cleaning chemicals.
MSDS sheets to be provided in job
binder. All chemicals used on site will
be eco-friendly and comply with UL
ECOLOGO standards.
Any paper goods used will comply
with post consumer content by Cal
Recycle.
SUN MON TUES WED THUR FRI SAT
Civic Center X X X X X X
Parks & Public Works X X X X X X
Police Operations X X X X X X
Library X X X X X X
Library—Porter (2:00pm-4:00pm) X X X X X X X
Park Restrooms (9:00pm-11:00pm) X X X X X X X
SCHEDULE
ITEM NO. 10.
15 WORK PLAN AND
PROJECT UNDERSTANDING
Our commitment to hiring, training, management, and customer support is a critical aspect of our business plan. We believe that our approach to these areas sets us apart from our competitors and makes us an ideal choice to provide high-quality custodial services to the Town of Los Gatos.
HIRING TRAINING
QUALITY ASSURANCE PROGRAM CUSTOMER SUPPORT
We source potential candidates using
local hiring practices and long time
relationships.
We conduct driving record checks
through DMV-MVR and criminal
background checks through Sterling
Check.
• Onsite training- prior to contract
kickoff
• Cross training- staff is prepared
to take over in case of
absenteeism.
• Continuing educationdedicated to our staff’s growth – opportunities for certification.
• Pre Cleaning Inspections
• Create Cleaning Schedule
• Assign Tasks to Crew
• Quality Control Checks
• Enforce Safety Measures
• Respond to all Inquiries within 2
hours
• Track Service Requests
• Provide Monthly Reports– see
sample
• Provide Itemized Billing
ITEM NO. 10.
16 START UP PLAN
A sequence of phases that will go into action for the Town of Los Gatos.
TIMELINE
MILESTONES
As we enter a long-term agreement with the Town of Los Gatos, we understand that we are making a commitment to perform our work safely and completely.
Phase I—Operations Manager – confirm schedule meets contract requirements Phase II—Human Resource Team - coordinate training of employees Phase III– Fleet Manager – purchase equipment
Phase IV—F+G and Town of Los Gatos identify hot spots, confirm staging areas.
Phase V—Quality Control Officer - Schedule and host quality control checks at regular intervals.
PHASE 1 PHASE 2 PHASE 3 PHASE 4 PHASE 5
Confirm Train
Schedule
Purchase Walkthroughs
Equipment
Quality Control
Checks
ITEM NO. 10.
17 QUALITY ASSURANCE PROGRAM
Contractor’s Quality Control Inspector
The Quality Control Inspector will schedule visits to ensure that we are following specific work tasks, safety policies and Town of Los Gatos procedures. Any items found out of compliance will be compiled into an Action Plan and provided to the Town of Los Gatos with steps to improve service level. F+G and Town of Los Gatos will meet or exceed timeline below for bringing these tasks to standard. Assigned to this role person will be the Vice President of Commercial Operations, Rick Oropeza.
MILESTONES
Step 1—Quality Inspection and Town of Los Gatos Representative– walk sites, make notes assess, grade scopes of work, discuss acceptable remediation Step 2—F+G create Action Plan for Town of Los Gatos Representative to agree. Action Plan produced within 3 days of Inspection
Step 3– Operation Manager– 3 days within receiving Action Plan it will be completed.
Inspections scheduled for 30/60/90 after start of contract and then quarterly Anticipated dates to begin work is July 1st, 2024.
STEP 1 STEP 2 STEP 3
Walk Sites Create Action
Plan
Execute Action
Plan
ITEM NO. 10.
18 SAFETY
• Our Injury and Illness Prevention Program (IIPP) aims to minimize accidental loss to employees, subcontractors, public, and property while complying with California regulations.
• The IIPP sets policies and procedures for all construction and maintenance operations at Frank and Grossman (F&G).
• F&G administers activities to achieve and maintain a safe and healthful work environment for employees and the public.
• Employees must follow safe work guidelines, participate in safety and health training, wear personal protective equipment, and follow safety and health rules established by F&G.
• Failure to comply may result in disciplinary action, up to and including termination of employment.
• On-site, our crew wears complete PPE including uniforms with names, safety vests, safety glasses, gloves, hard hats, ear plugs, and protective footwear. • We follow all other handling requirements as per MSDS guidelines.
Specific to this contract: Comply with all Safety Requirements, for example: No personal devices on track lines.
SAFETY POLICY
To protect the safety and health of Frank and Grossman and it as employees’ management shall:
1. Place employee safety and health as the primary consideration in establishing work practices and procedures and in the selection of equipment.
2. Give safety precedence over expediency and short cuts.
3. Make every effort to control the possibility of accident occurrence.
4. Fully comply with, and enforce, safety standards, regulations and F&G
ITEM NO. 10.
19 ADMINISTRATIVE DOCUMENTS
Thank you for the opportunity—we look forward to working together.
Required Submittals from RFP
• Attachment B
• Attachment D
ITEM NO. 10.
20
ITEM NO. 10.
21
ITEM NO. 10.
22
ITEM NO. 10.
23 $2,739.04 $29,160
$35,640
$48,600
$98,340
$2,380
$2,380
$2,380
$11,580
$26,460
$2,430
$2,970
$4,050
$8,195
$595
$595
$595
$2,895
$2,205
$256,920
$55.00
$57.50
$68.25
$78.75
$40.00
ITEM NO. 10.
24
ITEM NO. 10.
25
ITEM NO. 10.
26
ITEM NO. 10.
Qualified Companies
Within limit distance of Los
Gatos
References Cost
Pride Industries yes yes $344,023.48
Universal Business Services yes yes $429,520.00
Kleen Tech Services yes yes $290,704.00
Frank & Grossman Landscape
Contractors, Inc.
yes yes $256,920.00 Intent to Award
SWA Services Inc. yes yes $398,796.00
ATTACHMENT 2
Town of Los Gatos - RFP - Qualified Janitorial Service Companies 2024 Town of Los Gatos Janitorial RFP Summary
ITEM NO. 10.
Reviewed by: Town Manager, Chief of Police, and Town Clerk 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/06/2024
ITEM NO: 11
DATE: July 19, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt an Ordinance Amending the Town’s Curfew Ordinance.
Ordinance Title: “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 18, ‘Offenses and Miscellaneous Provisions,’ Article III, ‘Minors,’ and Division 2, ‘Curfew,’ of the Town of Los Gatos Town Code” RECOMMENDATION:
Adopt an Ordinance amending the Town’s Curfew Ordinance.
BACKGROUND:
The Town’s curfew ordinance is codified in Town Code Sections 18.30.050 and following. It prohibits minors from tarrying (lingering) in public places between the hours of 10 p.m. and 6 a.m. The existing curfew ordinance lists a number of exceptions to this prohibition, including:
minors who are accompanied by parents or guardians, on errands, working or traveling to or from work, or returning home from recreational or entertainment activities.
An ordinance proposing minor amendments to the curfew ordinance was introduced at the June 6, 2024, Town Council Meeting.
DISCUSSION:
Curfew ordinances are enforceable so long as they include appropriate carve-outs for constitutionally-protected behaviors and behaviors that carry none of the dangers that the curfew was meant to protect against. In order for the curfew ordinance to be enforceable, it should include an exception for participation in First Amendment activities. This exception has been added to the ordinance proposed for adoption.
ITEM NO. 11.
PAGE 2 OF 2
SUBJECT: Adopt Ordinance Amending Curfew Ordinance
DATE: July 19, 2024
CONCLUSION:
In order to render the curfew ordinance enforceable, remove duplicative sections, and clarify Section 18.30.060, the Town Attorney’s Office recommends that the Town Council adopt the ordinance amending the existing curfew ordinance.
COORDINATION:
This report was coordinated with the Police Department, the Town Clerk, and the Town Manager’s Office.
FISCAL IMPACT:
This ordinance amendment will enable the Town to issue administrative citations for curfew violations.
ENVIRONMENTAL ASSESSMENT:
Introduction of this ordinance is not a project defined under CEQA, because it will not impact the physical environment, and no further action is required.
Attachment:
1. Proposed Ordinance Amending Curfew Ordinance
ITEM NO. 11.
Draft Ordinance Date Adopted
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 18, “OFFENSES AND MISCELLANEOUS PROVISIONS”, ARTICLE III, “MINORS”, DIVISION 2, “CURFEW”, OF THE TOWN OF LOS GATOS TOWN CODE WHEREAS, the Town’s curfew ordinance is codified at Town Code Sections 18.30.050 and following;
WHEREAS, the defenses to a curfew violation are set forth in Town Code Section
18.30.060;
WHEREAS, a defense for engagement in First Amendment activities is recommended for addition; and
WHEREAS, duplicative language is recommended for removal; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
The following sections of the Town Code are amended to read as follows:
SECTION I. Section 18.30.055, “Offenses,” of the Town Code is amended to read as follows:
Sec. 18.30.055. Offenses.
It is unlawful for:
(1) Any minor to tarry in any public place or on the premises of any establishment within the Town during curfew hours, or,
(2) Any parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to tarry in any public place or on the premises of any establishment with the Town during curfew hours, or,
(3) Any owner, operator or employee of any establishment to knowingly permit a minor to tarry in or upon the premises of an establishment during curfew hours (unless the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave).
(Ord. No. 2038, § IV, 12-1-97)
SECTION II. Section 18.30.060, “Defenses,” of the Town Code is amended ATTACHMENT 1
ITEM NO. 11.
Draft Ordinance Date Adopted
to read as follows:
Sec. 18.30.060. Defenses.
It is a defense to prosecution of the above offenses that the minor was:
(1) Accompanied by the minor's parent or guardian or by a responsible adult; (2) On an errand at the direction of the minor's parent or guardian or responsible adult, without detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in a lawful employment activity, or going to or returning home from a lawful employment activity, without detour or stop;
(5) Acting in response to an emergency;
(6) On the sidewalk abutting the minor's residence or abutting any residence when in the company of the resident, providing the minor is not otherwise violating the law; (7) Attending or traveling directly to or returning directly home, without detour or stop, from a school, religious, cultural, sport, amusement, entertainment, movie or recreation activity; or any organized rally, demonstration, meeting or similar activity; (8) Waiting at a bus stop or bus station for transportation, providing the next bus is scheduled to arrive in no more than one (1) hour;
(9) On the plaza level of the Town Civic Center, providing the minor is not otherwise violating the law;
(10) Emancipated in accordance with the California Family Code or other applicable state law.
(11) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the Town of Los Gatos, a civic organization, or another similar entity that takes responsibility for the minors; (12) Exercising First Amendment rights protected by the United States Constitution. (Ord. No. 2038, § VI, 12-1-97)
SECTION III. Section 18.30.080, “Minors under eighteen; exception,” of the Town Code is repealed.
SECTION IV. Section 18.30.085, “Responsibility of parents, guardians, etc.,” of the Town Code is repealed.
SECTION V. Severability.
ITEM NO. 11.
Draft Ordinance Date Adopted
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION VI. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION VII. Publication.
In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
SECTION VIII. Effective Date.
This Ordinance will take effect 30 days from the date of adoption. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 11.
PREPARED BY: Cheryl Parkman
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: 08/06/2024
ITEM NO: 12
DATE: July 25, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Sixth Amendment to a Special Services Agreement with Liebert Cassidy Whitmore (LCW) to Update the Fee Schedule for Hourly Rates
RECOMMENDATION:
Authorize the Town Manager to execute a Sixth Amendment (Attachment 1) to a special services agreement with Liebert Cassidy Whitmore (LCW) to update the fee schedule for LCW hourly rates.
BACKGROUND:
In 2018, Liebert Cassidy Whitmore (LCW) 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 LCW 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 LCW to increase compensation in the amount of $50,000 for a total contract amount not to exceed $230,000.
On September 19, 2023, the Town Council authorized the Town Manager to execute a Third Amendment (Attachment 4) to the Special Services Agreement with LCW to increase
ITEM NO. 12.
PAGE 2 OF 3
SUBJECT: Sixth Amendment to Agreement with Liebert Cassidy Whitmore (LCW) DATE: July 25, 2024
BACKGROUND (continued):
compensation in the amount of $50,000 for a total contract amount not to exceed $280,000.
On October 17, 2023, the Town Council authorized the Town Manager to execute a Fourth Amendment (Attachment 5) to the Special Services Agreement with LCW to increase compensation in the amount of $150,000 for a total contract amount not to exceed $430,000.
On June 18, 2024, the Town Council authorized the Town Manager to execute a Fifth Amendment (Attachment 6) to the special services agreement with LCW to increase the compensation in the amount of $120,000 for a total contract not to exceed $550,000.
DISCUSSION:
The current agreement expires on June 30, 2025. The proposed update to the fee schedule has been provided by LCW to update the hourly rates for the different consultants that can be utilized by the Town for labor relations and human resources consultation services. LCW increased hourly rates for clients on July 1, 2024. This fee schedule update was provided to the Town after the Fifth Amendment was brought to Council on June 18th.
This change does not result in an increase to the contract amount of $550,000.
CONCLUSION:
LCW 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 Sixth Amendment to update the fee schedule to continue to utilize LCW’s services.
FISCAL IMPACT:
There is no fiscal impact to this change. Sufficient funds for this contract are already budgeted and this amendment does not increase the contract amount. Staff anticipates the existing funds will be sufficient.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Sixth Amendment
2. First Amendment with Original Agreement
3. Second Amendment
4. Third Amendment
ITEM NO. 12.
PAGE 3 OF 3
SUBJECT: Sixth Amendment to Agreement with Liebert Cassidy Whitmore (LCW) DATE: July 25, 2024
Attachments (continued):
5. Fourth Amendment
6. Fifth Amendment
ITEM NO. 12.
ATTACHMENT 1
SIXTH AMENDMENT TO AGREEMENT FOR SPECIAL SERVICES
THIS SIXTH AMENDMENT TO AGREEMENT is entered into this ____ day of August, 2024, 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.
D. Town and Attorney entered into a Third Amendment to Agreement on September 19, 2023.
E. Town and Attorney entered into a Fourth Amendment to Agreement on October 17, 2023.
F. Town and Attorney entered into a Fifth Amendment to Agreement on June 18, 2024,
AMENDMENT
1. The fee schedule associated with the hourly rates for the following consultant positions shall be increased to the following amounts:
Partners $430.00
Senior Counsel $360.00
Associates $270.00 - $340.00
Labor Relations/Human Resources Consultant $280.00
Classification and Compensation Consultant $210.00
Paralegals $150.00
E-Discovery Specialists $175.00
Law Clerks $150.00 - $185.00
2. All other terms and conditions of the Agreement dated February 1, 2020, the First Amendment dated May 17, 2022, Second Amendment dated September 12, 2022, Third Amendment dated September 19, 2023, Fourth Amendment dated October 17, 2023, and Fifth Amendment dated June 18, 2024, remain in full force and effect.
IN WITNESS WHEREOF, the Town and Attorney have executed the Fifth 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
ITEM NO. 12.
ATTACHMENT 1
Department Approval:
Cheryl Parkman
Human Resources Director
Approved as to Form:
Gabrielle Whelan
Town Attorney
Attest:
Wendy Wood
Town Clerk
ITEM NO. 12.
ATTACHMENT 2
ITEM NO. 12.
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
ITEM NO. 12.
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
ITEM NO. 12.
ITEM NO. 12.
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ATTACHMENT 3 Page 98
ITEM NO. 12.
ATTACHMENT 4
ITEM NO. 12.
ATTACHMENT 5 Page 100
ITEM NO. 12.
ITEM NO. 12.
ATTACHMENT 1
FIFTH AMENDMENT TO AGREEMENT FOR SPECIAL SERVICES
THIS FOURTH AMENDMENT TO AGREEMENT is entered into this ____ day of June, 2024, 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.
D. Town and Attorney entered into a Third Amendment to Agreement on September 19, 2023.
E. Town and Attorney entered into a Fourth Amendment to Agreement on October 17, 2023.
AMENDMENT
1. Total compensation by the Town for the Attorney’s services shall increase by an additional $120,000, not to exceed $550,000 over the course of the agreement.
2. The Town desires to extend the Agreement from July 1, 2024 through June 30, 2025.
3. All other terms and conditions of the Agreement dated February 1, 2020, the First Amendment dated May 17, 2022, Second Amendment dated September 12, 2022, Third Amendment dated September 19, 2023, and Fourth dated October 17, 2023 remain in full force and effect.
IN WITNESS WHEREOF, the Town and Attorney have executed the Fifth 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
ITEM NO. 12.
ATTACHMENT 1
Town Attorney
Attest:
Wendy Wood
Town Clerk
ITEM NO. 12.
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/06/2024
ITEM NO: 13
DATE: July 15, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt a Resolution Establishing Development Agreement Procedures RECOMMENDATION:
Adopt a resolution (Attachment 1) establishing development agreement procedures.
BACKGROUND:
Government Code Section 65954 provides that, upon request from an applicant for a planning entitlement that a local jurisdiction adopt development agreement procedures, the Town is required to do so. The Town has received such a request and staff has developed proposed development agreement procedures.
DISCUSSION:
A development agreement is a voluntary contract between a local jurisdiction and a person who owns or controls property within the jurisdiction, detailing the obligations of both parties and specifying the standards and conditions that will govern development of the property.
Development agreements will often provide for payments or dedications of land in exchange for vesting to current development standards. Jurisdictions are never obligated to enter into development agreements; it is a voluntary agreement that must be of benefit to the jurisdiction.
Government Code Sections 65864 and following address development agreement requirements. Section 65865 requires that the Town develop and adopt development agreement procedures upon request of an applicant for a planning entitlement. The Town has received a verbal request that the Town adopt development agreement procedures from counsel for an applicant for a planning entitlement. As a result, Government Code Section
ITEM NO. 13.
PAGE 2 OF 2
SUBJECT: Introduce Proposed Development Agreement Procedures DATE: July 15, 2024
DISCUSSION (continued):
65865 requires that the Town adopt procedures for the consideration and processing of development agreements.
Development agreement procedures typically include the following:
• A Statement of Purpose/Findings Concerning the Public Benefits of Development Agreements;
• Application Requirements;
• Notice and Hearing Procedures;
• Planning Commission and Governing Body Review;
• Recordation Requirements;
• Procedures for Amendment or Termination; and
• Procedures for Periodic Review.
The Town Council discussed potential development agreements in a study session on April 16, 2024, and recommended that, in order to maintain maximum flexibility, development agreements not be limited to specific land uses, projects of a certain size, or projects in which applicants will spend a minimum dollar amount on public infrastructure.
The Planning Commission reviewed the proposed development agreement procedures on June 12, 2024 and recommended adoption to Town Council. Proposed development agreement procedures are included as Exhibit A to Attachment 1.
CONCLUSION:
Staff recommends that the Town Council review the proposed development agreement procedures and adopt a resolution establishing the procedures.
FISCAL IMPACT:
There is no fiscal impact.
ENVIRONMENTAL ASSESSMENT:
Discussion of potential development agreement procedures is not a project subject to CEQA and no environmental assessment is required.
Attachment:
1. Draft Resolution to Establish Development Agreement Procedures, including Exhibit A with the Procedures
ITEM NO. 13.
1 of 2
Draft Resolution Adoption Date
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ESTABLISHING PROCEDURES AND REQUIREMENTS FOR THE CONSIDERATION OF
DEVELOPMENT AGREEMENTS
WHEREAS, the State Legislature has found and declared that:
"(a) The lack of certainty in the approval of developmental projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. (b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development.
(c) The lack of public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school and utility facilities, is a serious impediment to the development of new housing. Whenever possible, applicants and local governments may include provisions in agreements whereby applicants are reimbursed over time for financing public facilities." (Government Code Section 65864); and WHEREAS, the Legislature therefore adopted Government Code sections 65864 through 65869.5 authorizing cities to enter into development agreements; and WHEREAS, Government Code Section 65865(c) requires that cities shall, if requested by an applicant, establish procedures and requirements for consideration of development agreements; and
WHEREAS, the Town has received a request to establish such procedures and requirements.
NOW, THEREFORE, BE IT RESOLVED, that the development agreement procedures attached as Exhibit A to this Resolution are adopted.
ATTACHMENT 1
ITEM NO. 13.
2 of 2
Draft Resolution Adoption Date
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6
th day of August, 2024, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 13.
Exhibit A
Draft Development Agreement Procedures
Section 1. Authorization for adoption.
These procedures are adopted under the authority of Government Code Sections 65864 - 65869.5.
Section 2. Authorization.
(a) The Town may enter into a development agreement with a person having a legal or equitable interest in real property within the Town for the development of the property as provided in these Procedures.
(b) The Town may enter into a development agreement with a person having a legal or equitable interest in real property in unincorporated territory within the Town's sphere of influence for the development of the property as provided in these Procedures. However, the agreement shall not become operative unless annexation proceedings annexing the property to the Town are completed within the period of time specified by the agreement. If the annexation is not completed within the time specified in the agreement or any extension of the agreement, the agreement is null and void.
Section 3. Application.
Application for a development agreement shall be made to the Community Development Department. An application for a development agreement may not be filed prior to an application for a development project on the same property. The application shall be accompanied by the fee prescribed by the Town fee schedule, established pursuant to the Los Gatos Town Code, and shall be accompanied by the form of development agreement proposed by the applicant. When the application is determined to be complete, the Community Development Director or designee shall, at the applicant's expense, review the application and transmit it, together with staff recommendations, to the Planning Commission.
Section 4. Contents.
A development agreement shall specify:
(a) The land subject to the agreement;
(b) The duration of the agreement;
(c) The permitted uses of the property;
(d) The density and intensity of use;
(e) The maximum height and size of proposed buildings; and (f) Provisions for reservation or dedication of land for public purposes.
ITEM NO. 13.
The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.
The agreement may also include terms and conditions relating to applicant financing of necessary public facilities in conjunction with the phasing of the development project.
Section 5. Rules, regulations, and official policies.
Unless otherwise provided by the development agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the Town, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth in the development agreement, nor shall a development agreement prevent the Town from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.
Section 6. Public hearing and notice of intention to consider adoption.
A public hearing on an application for a development agreement shall be held by the Planning Commission and by the Town Council. Notice of intention to consider adoption of a development agreement shall be given as provided in California Government Code Sections 65090 and 65091, and Los Gatos Town Code Sections 29.20.560 and following, in addition to any other notice required by law for other actions to be considered concurrently with the development agreement.
Section 7. Legislative act.
A development agreement is a legislative act which shall be approved by ordinance and is subject to referendum. This resolution only establishes procedures for consideration of development agreements; the Town Council retains discretion to approve or disapprove any proposed development agreement. A development agreement shall not be approved unless the Town Council finds that the provisions of the agreement:
(a) Are consistent with the Town's General Plan and any applicable Specific Plan; (b) Are compatible with the requirements of the Zoning Ordinance; and
ITEM NO. 13.
(c) Provide substantial public benefits to persons residing or owning property outside the boundaries of the development project, beyond the exactions for public benefits required in the normal development review process under Federal, State, or local law.
Section 8. Amendment or termination.
(a) Periodic review. The Planning Commission shall, at the applicant’s expense, review the development agreement at least every 12 months, at which time the applicant or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the Planning Commission determines that, on the basis of substantial evidence, the agreement has been complied with in good faith, such decision shall be subject to appeal in accordance with procedures set forth in Los Gatos Town Code Section 29.20.275 and following. If, as a result of such periodic review, the Planning Commission determines that, on the basis of substantial evidence, the agreement has not been complied with in good faith, or that the failure of the Town to terminate or modify the provisions of the development agreement would place the residents of the territory subject to the development agreement, or the residents of the Town, or both, in a condition dangerous to their health or safety, or both, the Town Council shall hold a public hearing to consider terminating or modifying the agreement. Notice of such hearing shall be given as set forth in Section 6 of these Procedures. If the Town Council determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the agreement, or that the failure of the Town to terminate or modify the provisions of the development agreement would place the residents of the territory subject to the development agreement, or the residents of the Town, or both, in a condition dangerous to their health or safety, or both, the Town Council may terminate or modify the agreement.
(b) Mutual consent. A development agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of a public hearing regarding an intention to amend or cancel any portion of the agreement shall be given and held in the manner provided in Section 6 of these Procedures. An amendment to a development agreement shall be subject to the provisions of Section 7 of these Procedures.
(c) State or Federal laws and regulations. In the event that State or Federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws and regulations.
ITEM NO. 13.
Section 9. Enforcement.
Unless amended or terminated pursuant to Section 8 herein, a development agreement shall be enforceable by any party thereto, notwithstanding any change in any applicable General Plan or Specific Plan, Zoning, subdivision, or building regulation adopted by the Town, which alters or amends the rules, regulations, or policies specified in Section 5 herein.
Section 10. Execution and Recordation.
(a) No development agreement shall be executed by the Mayor until it has been executed by the applicant. If the applicant has not executed the development agreement, as approved by the Town Council, within 30 days of the Town Council approval, the application for the development agreement shall be deemed withdrawn, and the Mayor shall not execute the development agreement. (b) No later than 10 days after the Town enters into a development agreement, the Town shall record with the County Recorder a copy of the development agreement, which shall describe the land subject thereto. From and after the time of such recordation, the development agreement shall impart such notice thereof to all persons as is afforded by the recording laws of this State. The burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement.
ITEM NO. 13.
PREPARED BY: Katy Nomura
Assistant Town Manager
Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/06/2024
ITEM NO: 14
DATE: July 29, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve and Authorize the Town Manager to Execute a Memorandum of Understanding Between the Town of Los Gatos and the American Federation of State, County, and Municipal Employees (AFSCME), and Authorize an Expenditure Budget Adjustment in the Amount of $84,199 from the Available General Fund Capital/Special Projects Reserve
RECOMMENDATION:
Approve and authorize the Town Manager to execute a Memorandum of Understanding (Attachment 1) between the Town of Los Gatos and the American Federation of State, County, and Municipal Employees (AFSCME), and authorize an expenditure budget adjustment in the amount of $84,199 from the available General Fund/Special Projects Reserve.
BACKGROUND:
In accordance with the Town’s Employer-Employee Relations Resolution No. 1974-41, representatives of the Town and AFCME have met and conferred in good faith and within the scope of representation in an effort to reach agreement for a successor Memorandum of Understanding (MOU). The revised agreement showing the redline changes from the previous MOU is contained in Attachment 2. The MOU is a labor agreement that identifies specific terms and conditions of employment applicable to the employees represented by that agreement.
The Town has two other represented groups, the Town Employees’ Association (TEA) and the Police Officers’ Association (POA). The TEA agreement for a successor MOU is also on the August 6, 2024 agenda. The POA agreement was approved during the April 16, 2024 Council meeting.
ITEM NO. 14.
PAGE 2 OF 4
SUBJECT: Approve and Authorize the Town Manager to Execute a Memorandum of Understanding Between the Town of Los Gatos and the American Federation of State, County, and Municipal Employees (AFSCME), and Authorize an Expenditure Budget Adjustment in the Amount of $84,199 from the Available General Fund Capital/Special Projects Reserve
DATE: July 29, 2024
DISCUSSION:
The Town’s current agreement with AFSCME expired on June 30, 2024. A tentative agreement for a three-year term was reached in June and on June 20, 2024, the Town was notified that AFSCME membership had ratified it. The Town is appreciative of the hard work of the AFSCME membership and of the collaboration of the AFSCME negotiating team.
The following is a summary of the major amended provisions of the agreement:
Term July 1, 2024, through June 30, 2027
General Wage
Increases
Fiscal Year 2024/25
Effective the first full pay period in July 2024, the salary rate for all classifications shall be increased by four percent (4%).
Fiscal Year 2025/26
Effective the first full pay period in July 2025, the salary rate for all classifications shall be increased by four percent (4%).
Fiscal Year 2026/27
Effective the first full pay period in July 2026, the salary rate for all classifications shall be increased by four percent (4%).
Veterans Day Holiday Effective after Council approval of this MOU, November 11 (Veterans Day) shall be added to Section 29 of the MOU as an observed paid eight (8) hour holiday for eligible employees.
Class A Licenses and
Tanker Endorsements
Employees who maintain a Class A driver’s license and a Tanker Endorsement will receive $105 per month, inclusive of the $30 Class A incentive and the $75 Tanker Endorsement incentive.
Bereavement Leave MOU Section 33 will be updated to comply with Government Code section 12945.7. Language to be added includes:
(1) additional family members such as foster children,
(2) language that leave need not be consecutive, and
(3) language that leave must be completed within 3
months of the death and that the Town may require
documentation of the death within 30 days.
ITEM NO. 14.
PAGE 3 OF 4
SUBJECT: Approve and Authorize the Town Manager to Execute a Memorandum of Understanding Between the Town of Los Gatos and the American Federation of State, County, and Municipal Employees (AFSCME), and Authorize an Expenditure Budget Adjustment in the Amount of $84,199 from the Available General Fund Capital/Special Projects Reserve
DATE: July 29, 2024
DISCUSSION (continued):
Uniform Allowance New language allows for up to seven Town-supplied work shirts, not to exceed $300 per year per employee.
The Town and AFSCME have also agreed to various cleanup MOU language updates. These updates clarify existing language, delete obsolete language, and ensure compliance related to the Town’s contract for retirement and medical benefits provided under the California Public Employees’ Retirement System (CalPERS) and PEMHCA. The cleanup updates do not change existing benefits nor is there a related fiscal impact (see Attachments 1 and 2).
CONCLUSION:
The AFSCME agreement has been prepared within the parameters provided to Town’s negotiators by the Town Council and has been ratified by the AFSCME membership. It is recommended that the proposal be approved, and the Town Manager be authorized to execute the MOU.
COORDINATION:
This report was coordinated with the Town Manager’s Office, Finance Department, and the Town Attorney’s Office.
FISCAL IMPACT:
The anticipated fiscal impact for all salary and benefits adjustments in Fiscal Year (FY) 2024/25 is $84,199. The requested budget adjustment in this amount from General Fund Capital/Special Projects Reserve would provide the necessary funding to cover this cost.
Funding to support the ongoing cost each year will be incorporated into the proposed future year budgets for Council approval.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Proposed AFSCME MOU through June 30, 2027
2. Redline AFSCME MOU through June 30, 2027
ITEM NO. 14.
PAGE 4 OF 4
SUBJECT: Approve and Authorize the Town Manager to Execute a Memorandum of Understanding Between the Town of Los Gatos and the American Federation of State, County, and Municipal Employees (AFSCME), and Authorize an Expenditure Budget Adjustment in the Amount of $84,199 from the Available General Fund Capital/Special Projects Reserve
DATE: July 29, 2024
Attachments (continued):
3. Salary Schedule for AFSCME effective pay period containing July 7, 2024
4. Salary Schedule for AFSCME effective first full pay period July 2025
5. Salary Schedule for AFSCME effective first full pay period in July 2026
ITEM NO. 14.
TOWN OF LOS GATOS
AND
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME)
MEMORANDUM OF UNDERSTANDING
JULY 1, 2024 - JUNE 30, 2027
ATTACHMENT 1
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024 – June 30, 2027 This page left intentionally blank
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024 – June 30, 2027
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF LOS GATOS
AND
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) THIS AGREEMENT IS EFFECTIVE JULY 1, 2024, BETWEEN THE TOWN OF LOS GATOS, HEREINAFTER REFERRED TO AS THE "TOWN", AND THE LOS GATOS “AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES”, HEREINAFTER REFERRED TO AS "AFSCME".
Pursuant to Town Resolution 1974-41 of the Town of Los Gatos and Section 3500 et seq. of the Government Code, the duly authorized representatives of the Town and AFSCME, having met and conferred in good faith concerning the issues of wages, hours, and terms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding.
FOR AFSCME:
Carol McEwan
Business Agent
Danny Murdock
AFSCME President
____________________________________
Steven Robles
Vice-President
TOWN OF LOS GATOS:
Laurel Prevetti
Town Manager
___________________________________
Katy Nomura
Assistant Town Manager
Tevon Edwards
Liebert Cassidy Whitmore
APPROVED AS TO FORM:
___________________________________
Gabrielle Whelan
Town Attorney
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024 – June 30, 2027 This page left intentionally blank
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024 – June 30, 2027 Table of Contents
Section 1. Purpose.................................................................................................. 1 Section 2. Term........................................................................................................ 1 Section 3. Union Rights............................................................................................ 1 Section 4. Savings Clause ....................................................................................... 2 Section 5. Union Dues ............................................................................................. 2 Section 6. Management Rights ................................................................................ 3 Section 7. Town Employer-Employee Relations Resolution .................................... 3 Section 8. Equal Employment Opportunity............................................................... 3 Section 9. Non-Discrimination.................................................................................. 3 Section 10. Salary...................................................................................................... 4 Section 11. Other Compensation ............................................................................... 4 Section 12. Payroll Practices ..................................................................................... 5 Section 13. Retirement Benefits................................................................................. 5 Section 14. Health and Welfare Benefits and Rate of Town Contribution .................. 7 Section 15. Workers’ Compensation.......................................................................... 9 Section 16. Deferred Compensation .......................................................................... 9 Section 17. Uniforms.................................................................................................. 9 Section 18. Safety Equipment.................................................................................. 10 Section 19. Mileage ................................................................................................. 10 Section 20. Work Schedule...................................................................................... 10 Section 21. Overtime ............................................................................................... 12 Section 22. Call Back............................................................................................... 12 Section 23. Standby................................................................................................. 13 Section 24. Emergency Work................................................................................... 14 Section 25. Work Furlough Program........................................................................ 14 Section 26. Vacation Schedule ................................................................................ 14 Section 27. Vacation Cash-Out................................................................................ 15 Section 28. Sick Leave............................................................................................. 15 Section 29. Holidays ................................................................................................ 16
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024 – June 30, 2027 Section 30. Personal Leave ..................................................................................... 16 Section 31. Maternity Leave/Family Leave/Medical Leave ...................................... 17 Section 32. Catastrophic Time Bank........................................................................ 17 Section 33. Bereavement Leave .............................................................................. 17 Section 34. Military Leave........................................................................................ 17 Section 35. Personal Emergency Leave .................................................................. 17 Section 36. Jury Duty............................................................................................... 17 Section 37. Leave Without Pay ................................................................................ 17 Section 38. Accrual of Benefits ................................................................................ 18 Section 39. Notice of Vacancies .............................................................................. 18 Section 40. Promotions............................................................................................ 18 Section 41. Probationary Period .............................................................................. 18 Section 42. Outside Employment............................................................................. 18 Section 43. Attendance............................................................................................ 19 Section 44. Personnel Files ..................................................................................... 19 Section 45. Performance Evaluations ...................................................................... 19 Section 46. Seniority ................................................................................................ 20 Section 47. Layoff Policy.......................................................................................... 20 Section 48. Layoff Reinstatement ............................................................................ 21 Section 49. Contracting Out..................................................................................... 22 Section 50. Safety Committee.................................................................................. 22 Section 51. Safety.................................................................................................... 22 Section 52. Physical Examinations and Tests.......................................................... 22 Section 53. Grievance Procedure ............................................................................ 22 Section 54. Disciplinary Procedure .......................................................................... 23 Section 55. Unpaid Furloughs.................................................................................. 26 Section 56. Closure Days with Paid Leave Allowed................................................. 27 Section 58. Comprehensiveness of Agreement ....................................................... 28 Appendix A – AFSCME Salary Schedule
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
TOWN OF LOS GATOS
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
MEMORANDUM OF UNDERSTANDING
ON SALARIES, FRINGE BENEFITS AND WORKING CONDITIONS
Section 1. Purpose
The Town and the Union agree that the purpose of this Memorandum of Understanding is to promote and provide harmonious relations, cooperation, and understanding between the Town and the employees represented by the Union; to provide an orderly and equitable means of resolving disputes that may arise concerning this Agreement; and to set forth the full agreements of the parties reached as a result of meeting and conferring in good faith regarding matters within the scope of representation pursuant to the State Government Code and the Town Employer-Employee Relations Resolution.
Section 2. Term
This Memorandum of Understanding shall commence on July 1, 2024 and terminate on June 30, 2027.
Section 3. Union Rights
3.1 Advance Notice
Except in cases of emergency as provided in this subsection the Union, if affected, shall be given reasonable advance written notice, normally thirty (30) calendar days of any ordinance, policy resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted or amended by the Town and shall be given the opportunity to meet and confer as required by the Meyers Milias Brown Act with the appropriate management representatives prior to adoption.
In cases of emergency when the foregoing procedure is not practical or in the best public interest, the Town may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter the Union shall be provided with the notice described in the preceding paragraph and be given an opportunity to meet with the appropriate management representatives. The Union shall timely raise any issues arising under this subsection
3.2 No Discrimination
The Town and Union agree that neither will discriminate in any way against employees covered by this Agreement because of their membership and/or activities on behalf of the Union.
3.3 Stewards
The Town agrees to recognize two (2) duly appointed Union Stewards and two (2) duly appointed alternate Stewards for purposes of Union representation. The Union shall provide the Town with a list of those duly appointed individuals. The Steward or Union Officer shall distribute to all new unit employees material(s) furnished for such purpose by the Union.
3.4 Representation
Upon request of an employee covered by this Agreement, the Steward and/or Union representative shall be present during meetings which the employee reasonably anticipates will involve that individual employee in disciplinary matters. To the extent possible, disciplinary and grievance matters affecting employees shall be considered during normal working hours and with pay.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
3.5 Access to Premises
The designated Union business representative, for performance of official duties, shall not be denied access to Town premises subject to that representative first advising Town management that he/she/they/they is on the premises and subject to not interfering with the work duties of Town employees. The Union will be allowed reasonable use of Town facilities with advance notice and approval from the Town for meetings in accordance with Town policies and procedures.
3.6 Bulletin Boards and Union Literature
The Union shall have the right to use the Corporation Yard Bulletin Board and employee mailboxes for posting and distribution of Union materials.
3.7 Release Time
As long as there is no disruption of work, the Town shall provide two (2) AFSCME-authorized union representatives with up to 20 hours of release time each year for the purpose of attending Union conventions, conferences and union-sponsored training programs. The use of release time will have no impact on accrual of paid leave, seniority, completion of probation and eligibility for health and welfare benefits, or pension benefits.
3.8 New Hire Information
The Town will notify the Union of the name, classification, unit and work location of all new hires into the positions in the classifications represented by AFSCME within the first full pay period of the new hire’s starting date.
3.9 Orientation
An AFSCME Union representative will be allowed 15 minutes of release time for the purpose of providing new member information to individuals newly-hired into classifications represented by AFSCME.
Section 4. Savings Clause
If any provision or the application of any provision of this agreement as implemented should be rendered or declared invalid by any final court action or decree or by reasons of any preemptive legislation, the remaining sections of this agreement shall remain in full force and effect for the duration of this agreement.
Section 5. Union Dues
5.1 Certification
The Town shall withhold Union dues from employees’ salary transmit such dues to the Union, provided the Union certifies in writing to the City that the Union has and will maintain each employee’s voluntary authorization for such deductions.
5.2 Payroll Deduction
The Town shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing thirty (30) days or longer after the Union certifies such new, changed or discontinued deduction.
5.3 Indemnification and Hold Harmless
The Union shall indemnify and hold harmless the Town against any and all suits, claims, demands, and liabilities that may arise out of, or by reason of, any action or omission of the Town in complying with this Section.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
Section 6. Management Rights
The Union recognizes that the rights of the Town include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set the standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary action to determine when an emergency exists and to carry out its mission in emergencies including the requirement that employees work overtime; and exercise complete control and discretion over its organization and the technology of performing its work.
Section 7. Town Employer-Employee Relations Resolution
The Union and the Town recognize the existing language in Town Resolution 1974-41 as it governs all aspects of labor relations in the Town. Any changes in Resolution 1974-41 which apply to AFSCME Local 101 will be made after meeting and conferring when required by the Meyers Milias Brown Act with the Union.
Section 8. Equal Employment Opportunity
The Union and Town support equal employment opportunity programs.
Section 9. Non-Discrimination
The Town and Union agree that all provisions of this Agreement shall be applied equally to all employees covered herein without favor or discrimination because of any protected class including but not limited to race, color, national origin, ancestry, religion, religious creed, physical disability, mental disability, medical condition, genetic information, marital status, sex, sexual orientation, gender, gender based pregnancy/childbirth, gender identity, gender expression, age (over 40), or political affiliation or any other basis prohibited by applicable Federal, State or Town law. The parties further agree that Section 9 and 9.1 shall not be subject to the Grievance Procedure provided in this Agreement.
9.1 General Provisions Regarding the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA)
Because the ADA and FEHA require accommodations for individuals protected under the acts, the Union recognizes the Town's obligation to comply with all provisions of the ADA and FEHA on a case-by-case basis.
9.1.1 The Union recognizes that the Town has the legal obligation to meet with the individual employee to be accommodated through the interactive process before any adjustment is made in working conditions. The Union will be notified of these proposed accommodations prior to implementation by the Town.
9.1.2 Any accommodation provided to an individual protected by the ADA and/or FEHA shall not establish a past practice.
9.2 Non-Discrimination for Union Activity
The Town and Union agree that they, and each of them, shall not discriminate against any employee because of membership or lack of membership in the Union, or because of any authorized activity on behalf of the Union. The parties further agree that this Section 9.2 may be subject to the Grievance Procedure provided in this Agreement.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
Section 10. Salary
10.1 Employees will receive pay adjustments as follows:
Effective the first full pay period in July 2024 the Town will provide a four percent (4%) salary adjustment for all bargaining unit classifications.
Effective the first full pay period of July 2025, the Town will provide a four percent (4%) salary increase for all bargaining unit classifications.
Effective the first full pay period of July 2026, the Town will provide a four percent (4%) salary increase for all bargaining unit classifications.
Section 11. Other Compensation
11.1 Out-of-Classification Pay
Out-of-Classification pay is defined as employees who by written assignment perform the essential functions of a position with a higher salary classification than in which they are regularly employed shall receive higher compensation as set forth below. The Town and the Union agree that it is the intent of Town management, whenever possible, to avoid working an employee out ofclassification for a prolonged period of time.
An employee assigned to work out-of-classification shall be compensated from the first day of the out-of-classification assignment. Out-of-classification pay shall be a minimum of five percent (5%), above the employee's regular salary; or the lowest rate of the higher classification, whichever is greater.
Training programs mutually agreed to by the Town and the Union which are designed to enhance and/or provide career development opportunities shall not be subject to this provision.
Any employee who believes they are working out of classification may request a review of their classification.
The parties agree that to the extent legally permissible, this is special compensation for Classic members only and shall be reported to CalPERS pursuant to Title 2 C.C.R. Section 571(a)(3) as Temporary Upgrade Pay.
11.2 Street-Sweeper Specialty Pay
Employees assigned to operate the street sweeper shall be paid a $5 per hour differential above their base hourly rate. This special assignment pay shall be paid for actual time worked and does not apply to non-worked hours such as vacation, holidays, personal or sick leave.
The parties agree that, in accordance with CalPERS regulations, this special assignment pay is reported as special compensation for those employees who are assigned to operate the street sweeper on a routine and consistent basis pursuant to Title 2 C.C.R.
Sections 571(a)(4) and 571.1(b)(3). Thus, employees who operate the street sweeper on back-up basis shall be paid the premium in accordance with this agreement but the premium will not be reported to CalPERS as PERSable income.
The Department Director retains the right to determine street sweeper assignments in accordance with the needs of the department. Employees assigned to operate the street sweeper must meet the qualifications of the job and demonstrate proficiency to operate the equipment.
11.3 Class A Driver’s License Pay and Tanker Endorsement Pay Employees who maintain a valid California Commercial Class A Driver’s License shall be paid $30 per month.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
Employees who maintain both a valid California Commercial Class A or B Driver’s License and a Tanker Endorsement shall be paid $75 per month in addition to the Class A incentive above (if applicable).
The parties agree that to the extent permitted by law, the compensation for the special class driver’s license above is special compensation for street maintenance employees that are required to maintain such a license and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) as Special Class Driver’s License Pay.
11.4 Certificate Pay
Employees in the classifications of Parks and Maintenance Worker and Lead Parks and Maintenance Worker who possess a current Certified Pest Control Applicator Certificate shall receive $50 per month in certificate pay. Employees in the classifications of Parks and Maintenance Worker and Lead Parks and Maintenance Worker who possess a current Backflow Tester Certification Certificate shall receive $50 per month in certificate pay.
The parties agree that to the extent permitted by law, the compensation for the Certified Pest Control Applicator Certificate and the Backflow Tester Certification Certificate above is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) as Educational Incentive Pay.
11.5 Cellphones
The Town’s cellphone stipend program applies to AFSCME bargaining unit employees.
Section 12. Payroll Practices
12.1 Payroll Periods and Availability of Checks
Employees shall be compensated on a biweekly basis.
Employee pay shall not be withheld more than seven (7) days following end of payroll period; however, overtime may appear on the next payroll period if it is worked following the submittal of time sheets, or during a pay period with a Town holiday which requires early submittal of time sheets and early distribution (before Friday) of paychecks. This may also occur at the end of the fiscal and calendar year.
Every effort will be made to make paychecks available to employees as soon as checks are signed and ready for distribution.
12.2 Automatic Deposit
The Town shall provide an optional direct deposit system for use by employees.
12.3 Deduction and Accrual Information
Payroll deductions and leave balances shall appear on paychecks and be current to the latest payroll period.
Section 13. Retirement Benefits
The Town contracts with the California Public Employees’ Retirement System (CalPERS) to provide Town employees with retirement benefits.
13.1 2.5% at 55 (Classic Tier One Retirement)
For employees hired with reciprocity or CalPERS membership prior to 1/1/13 without a break in CalPERS service of six months or more or hired and enrolled in CalPERS membership prior to 9/15/12, the Town provides the 2.5% at 55 CalPERS retirement benefit (Gov’t Code 21354.4).
Employees in this tier shall contribute 8% towards the retirement benefit.
Employees in this tier are subject to the CalPERS Single Highest Year compensation formula (Gov’t Code 20042).
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
13.2 2% at 60 (Classic Tier Two Retirement)
For employees hired and enrolled on or after 9/15/12 with reciprocity or membership prior to 1/1/13 without a break in CalPERS service of six months or more, the Town provides the 2% at 60 retirement benefit (Gov’t Code 21353).
Employees in this tier shall contribute 7% towards the retirement benefit.
Employees in this tier are subject to the CalPERS 36-month final average compensation (Gov’t Code 20037).
13.3 2% at 62 (Public Employees’ Pension Reform Act of 2013 [PEPRA]) For employees hired on or after January 1, 2013, who meet the definition of new member under Gov’t Code 7522.04(f), the Town provides the 2% at 62 retirement benefit.
For new members hired on or after January 1, 2013, the Town will use the 36-month final average compensation (Gov’t Code 7522.32(a)).
New members hired on or after January 1, 2013 shall pay an amount that is equal to one half (1/2) the normal cost of his/her/their CalPERS pension, or the current contribution rate of similarly situated employees, whichever is greater. (Gov’t Code 7522.30(c)).
13.4 EPMC, 414(h)(2) IRC
Effective June 24, 2001, the Town ceased its participation in the Public Employees’ Retirement System “Employer Paid Member Contribution” (EPMC) provision. Concurrently, the Town began paying in salary to the employees covered by this MOU the equivalent dollar amount of the former EPMC (7% of salary).
The Town has adopted a Resolution materially the same as that recommended by CalPERS to implement the provisions of 414 (h) (2) of the Internal Revenue Code (IRC). AFSCME accepts the terms of this Resolution and acknowledges that this Resolution will apply to all current and future members of AFSCME.
13.5 Military Service Purchase
The Town shall permit employees to purchase CalPERS credit for military service time.
13.6 Retiree Health Benefit for Eligible Retirees Hired on or after July 1, 2018 The Town provides retiree health benefits in accordance with the Public Employees’ Medical and Hospital Care Act (PEMHCA) for employees who qualify as eligible CalPERS retirees who receive a CalPERS retirement allowance and are PEMHCA annuitants entitled to such benefits under the PEMHCA.
The Town’s maximum monthly contribution for each eligible annuitant shall be equal to the minimum employer contribution required under the PEMHCA, currently $157 per month, as may be adjusted by CalPERS from year to year. The provisions of the PEMHCA will govern medical insurance coverage for annuitants.
13.7 Retiree Health Benefit For Eligible Retirees Hired before July 1, 2018.
An employee hired prior to July 1, 2018 is eligible for Health Reimbursement Account (HRA) retiree health benefits in accordance with this Section.
13.7.1 The employee completed at least five years of continuous service with the Town; and
13.7.2 The employee retired from the Town taking a service or disability retirement from CalPERS as a retiree receiving a PERS retirement allowance and is a PEMHCA annuitant; and
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
13.7.3 The employee must actually draw a CalPERS pension within ninety (90) days of separation from the Town, provided the employee remains with the Town’s health plan through COBRA.
13.7.4 The amount of the supplemental retiree health benefit allowance will be equal to 100% of the cost of the premium for Kaiser Bay Area Retiree Only and 90% of the difference between the Kaiser Bay Area Retiree Only Plus One levels of participation. The Town will pay up to $1,947.16 per month as of the 2022 plan year. This amount will increase by $100.00 each year until it is equal to the active employee contribution.
13.7.5 The Town’s contribution towards retiree health insurance set forth in Section 13.6 (the PEMHCA minimum) will be deducted from the amount of contribution provided by this Section (13.7.)
13.7.6 Employees retiring on or after February 1, 2016 and upon becoming eligible for Medicare will cease to receive any retiree health benefit allowance under this Section (13.7) and will become eligible for Supplemental Medicare equal to the cost of Kaiser Senior Advantage Bay Area Medicare rates up to a maximum of 100% Retiree Only, 90% for Retiree Plus One or 90% for Retiree Plus One or More, less the amount of the employer contribution provided under section 13.6 above (the PEMHCA minimum).
This benefit is available to the eligible retired employee only after he or she has reached the age of 65 and is Medicare eligible or as otherwise specified by law.
13.7.7 The benefits described by this Section (13.7) will be provided to annuitants through CalPERS by means of a Health Reimbursement Account (HRA).
13.7.8 Employees hired on and after July 1, 2018, who retire from the Town are not eligible to receive an HRA retiree health benefit allowance from the Town.
Section 14. Health and Welfare Benefits and Rate of Town Contribution The Town contracts with CalPERS for the purpose of providing employees and their eligible dependents with medical insurance benefits. The Town’s maximum monthly contribution for each eligible active employee shall be equal to the minimum employer contribution required under PEMHCA, currently $157 per month, as may be adjusted by CalPERS from year to year.
14.1 Cafeteria Plan
During the term of the MOU, the Town agrees to maintain a Cafeteria Plan, pursuant to Section 125 of the Internal Revenue Code, for the purpose of providing eligible active employees with access to various health and welfare benefits. Benefits available through the Cafeteria Plan include medical insurance, dental insurance, vision insurance and life insurance benefits.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
14.1.1 Dental
Employees choosing this option instead of Cash In Lieu will be provided 100% of the Delta Dental PPO Plan premium less a $15.00 employee contribution. If the premium cost of the dental plan exceeds the Town contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the Town. The Town will pay 100% of the premium for employees choosing to participate in the DeltaCare USA Plan.
14.1.2 Medical
The Town will provide active employees with a medical allowance equal to 100% of the cost of Kaiser Bay Area Medical Insurance Program premium at the Employee Only level of participation, offered by the CalPERS Health Benefit Medical Program. For dependents, Town will pay 90% of the cost for dependents at the level of Kaiser Bay Area and employee will pay 10% of the dependent cost.
As such, Town will pay 90% of the difference between Kaiser Bay Area Employee Only and Kaiser level of participation (Employee Plus One or Employee Plus One/More, depending on family status.) Example: Employee Only Premium is $800; and Employee Plus One Premium is $1,400 Employee Plus One Premium ($1400) minus Employee Only Premium ($800) = $600 Town pays 90% of $600 = $540
Employee pays 10% of $600 = $60
If the employee chooses medical coverage under a program more expensive than Kaiser Bay Area, the employee will pay the difference between the Town-provided medical allowance and the cost of the more expensive program through payroll deduction.
The Town’s contribution towards medical insurance set forth in Section 13.6 (the PEMHCA minimum) will be deducted from the amount of contribution provided by this Section (14).
14.1.3 Vision
The Town shall pay for employee-only coverage under the Town’s Vision Service Plan (VSP). Employees may enroll eligible dependents at their own cost.
14.1.4 Cash In Lieu
Employees have the option of choosing all available coverages or, upon providing proof of other medical coverage, may choose to opt out of the Town’s coverage and be provided with a cash allocation equal to Four Hundred Twenty Dollars ($420) per month.
Employees who choose to receive the cash must first show proof of alternative minimum essential medical coverage for the employee and employee’s tax family (individuals for whom the employee expects to claim a personal exemption deduction).
Individual coverage, and individual coverage from Covered California does not qualify as alternative minimum essential coverage under this section. Employees must provide reasonable evidence of alternative minimum essential coverage each plan year, during open enrollment. The Town will not make the cash payment if it knows or has reason to know that the employee or tax family does not have alternative minimum essential coverage. Any amount received in cash is taxable.
Employees choosing to receive taxable cash will have the option of receiving it in two equal amounts in December and June, or the first two paychecks of each month (24 times a year).
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
14.2 ACA Reopener
The union agrees at the Town’s request, to meet and confer on any changes that are within the mandatory scope of bargaining related to the Town’s sponsored Family Medical Insurance and Cash In Lieu benefits that may be related to the compliance and implementation of the Affordable Care Act (ACA).
14.3 Supplemental Health and Welfare Benefits
14.3.1 Life Insurance
Coverage of $50,000 plus $50,000 accidental death: Town to pay for premium. Additional life insurance may be purchased by the employee equal to one to five times the employee's base salary, not to exceed $300,000. Dependent life insurance is available at the employee’s cost.
14.3.2 Disability Insurance
Short Term Disability Policy effective 8th calendar day; coverage of 60% of weekly earnings up to maximum of $1,300 per week for 12 weeks. Long Term Disability benefits begin on the 91st day of disability; coverage of 60% of monthly earnings up to a maximum of $6,000/month.
14.3.3 Employee Assistance Program
Premiums shall be paid by the Town.
14.3.4 Unemployment Insurance
The Town will provide State-mandated benefits as required by law.
Section 15. Workers’ Compensation
The Town and Union agree that employees who sustain illness or injury arising out of and in the course of their Town employment shall receive benefits equal to those mandated by the State of California, and the California Labor Code. Any difference between State mandated benefits and the individual's regular Town salary, if any, shall be charged to the employee's accrued sick leave balance. If sick leave is not available, other accrued leave balances shall be charged. If an employee does not have accrued leave balances, the employee shall receive only the State-mandated benefits.
The policies and procedures affecting the use of workers compensation will be developed and administered by the Town Personnel Officer in accordance with State law. There is a three day (calendar) waiting period to receive benefits, unless the employee is hospitalized or out for more than two weeks. In the event of a non-hospitalized on-the-job injury verified as such and eligible for worker's compensation disability payments, the Town will compensate employees for the first three day waiting period.
Section 16. Deferred Compensation
The Town shall continue to make a Deferred Compensation program available to employees. The Town makes no representation on the merit of the plan or any of the investment products or instruments which may be offered by the plan.
The responsibility for evaluating the investment options within the plan is the responsibility of the individual participant. The Town shall not be obligated to offer more than one Deferred Compensation carrier.
Section 17. Uniforms
Uniform shirts shall be provided to employees at the expense of the Town and shall be required to be worn during working hours. The Town shall determine appropriate shirt colors. Employees shall wear denim jeans as part of their uniform.
Employees shall purchase jeans at their own expense. Employees are to report to work in uniforms that are neat, clean, and in good repair. In the event an employee’s uniform is damaged or in need of replacement as determined by the supervisor, the item may be replaced in advance of the annual schedule.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
17.1 Uniform Items for All Employees
On an annual basis upon request, the Town will supply each employee with one standard rain jacket, rain pants, rain boots.
Furthermore, the Town will also provide up to seven (7) Town-approved work shirts per year for a total cost not to exceed three hundred dollars ($300). Further, the Town will provide each employee a cold weather jacket, and it will be replaced as needed as determined by the employee’s supervisor. Uniform items will be provided annually by November 1. Employees shall be responsible to launder uniform items.
17.1.1 Optional Shorts
Upon employee request and supervisor approval, the Town will furnish each employee up to (2) pairs of shorts per year.
Employees are permitted to wear shorts only when shorts do not pose a safety hazard. The supervisor has the authority to determine when shorts are acceptable.
17.1.2 Optional Weather-Protective Headwear
Upon request by the employee, the Town will supply up to two (2) approved caps or hats per year. No other type of headwear is permitted to be worn during work hours.
17.2 Uniform Items for Mechanics
In addition to the items listed above, the Town will provide coveralls to each mechanic. The coveralls will be laundered by the Town.
Section 18. Safety Equipment
The Town shall retain the right to establish minimum safety and quality standards for safety equipment, clothing and steel-toed safety shoes to be used while performing assigned tasks. If an employee is at work without the required clothing or safety equipment, that employee will not be paid until s/he is at the worksite with the required clothing and safety equipment.
18.1 Steel-Toed Safety Shoes
On an annual basis, the Town will provide one pair of steel-toed safety shoes per employee. The steel-toed safety shoes must be worn at all times except for classroom training or administrative assignments. In the event an employee’s safety shoes are damaged, worn, or unsafe as determined by the supervisor, the shoes may be replaced in advance of the annual schedule. The not-to-exceed amount will be $350 for AFSCME employees. If the safety shoe selected by the employee is less than the amount provided by the Town, the employee may apply the difference toward shoelaces, socks, ergonomic insoles, or other safety-shoe related accessories at the time of purchase.
Section 19. Mileage
Employees using personal vehicles on official Town business shall be reimbursed at the mileage rate established by the I.R.S.
Private vehicles used for Town business shall comply with the California Vehicle Code.
Section 20. Work Schedule
20.1 Standard Work Day
The standard workday shall be 8.5 consecutive hours including a 15-minute morning and a 15-minute afternoon work break, and a forty (40) minute lunch break, which shall include any wash-up time. The standard workday shall begin at 7:00 AM and end at 3:30 PM, the last ten (10) minutes of which shall be available for wash-up time. Minimum seventy-two (72) hours’ notice will be provided by the Town for non-emergency changes in schedule.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
20.2 Use of Town Vehicle
An employee whose lunch or break period begins at a work location other than the Corporation Yard may use the job site Town vehicle to go to lunch or obtain food. Travel time in connection with this privilege shall not extend the lunch period beyond the forty (40) minutes including wash-up time, nor extend a break period beyond fifteen (15) minutes.
20.3 Early Start Pay
Non-overtime work begun prior to 7:00 AM shall receive additional compensation of 5% above the employee’s base hourly rate for the entire shift.
The Early Start premium will not apply if the employee’s start time is adjusted at the request of the employee under a flexible work arrangement authorized by the department.
20.4 Work Week
The Town has no intention of changing existing work weeks at the present time.
The Town’s decision to change existing work weeks will involve but not be limited to the following considerations:
(a) Failure to meet the performance objectives of the work unit. (b) Change in service level.
Prior to a change in work week (except in the event of an emergency) the Town will give a minimum two weeks’ notice to affected employees. Further, the Town agrees to meet in good faith to attempt to resolve any hardships caused by a change in work week.
20.5 4-10 Schedule for Vehicle Maintenance Shop
The Town agrees to maintain a 4/10 (4 day per week/10 hours per day) plan for the vehicle maintenance shop as long as Monday and Friday in each workweek can be covered by a mechanic. In addition, this program shall be evaluated quarterly to determine if productivity and coverage meet the Town's repair needs. This will determine if the program will continue.
20.6 Work Schedule and Holidays
Represented employees are entitled to eight (8) hours of paid time off in observation of each holiday listed in Section 29.
20.6.1 Hours Worked on an Observed Holiday
Employees assigned to work on an observed holiday shall be paid time-and-a-half for hours worked.
20.6.2 Hours Worked on the Actual Holiday
Employees assigned to work on an actual holiday that is different than the observed holiday shall be paid double time for the hours worked.
20.7 Flex Schedule
As an alternative to the normal schedule described in the above section, employees may be granted the option to participate in a Flex Schedule under the following terms and conditions:
The Department Director, with the approval of the Town Manager, has the exclusive authority to approve an employee’s request for a flex schedule. The decision to implement or terminate a flex schedule is final and is not subject to meet and confer or any grievance procedure. Participating employees will be provided notification at least one (1) full pay period prior to termination of a flex schedule.
Employees on a flex schedule will receive no more than eight (8) hours of pay on a City observed holiday and will be required to use other accrued leaves or to re-arrange their schedule to maintain 80-hours of pay per pay period.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
Section 21. Overtime
21.1 Scheduling
All overtime will be scheduled pursuant to the needs of the Town. Overtime shall be scheduled provided the individual is capable of performing the assignment. In the absence of volunteers, the Town shall assign overtime in rotation based on reverse seniority. Seniority for the purpose of this section is defined by total continuous service to the Town.
21.1.1 Overtime for work in progress shall be assigned to the employee(s) responsible for the assignment.
21.1.2 Overtime for special events shall be offered on a rotational basis in accordance with seniority.
21.2 Compensation
Overtime shall be compensated at the rate of time and one-half based upon either hours in excess of eight (8) per day or hours in excess of forty (40) per week. Overtime compensation shall accumulated as Compensatory Time Off or be paid in cash at the employee's option, subject to the scheduling needs of the Town. If an employee elects to receive compensatory time off in lieu of overtime pay, for each hour of overtime work they will receive one and one-half hour of compensatory time credit.
21.3 Use of Compensatory Time Off
Use of compensatory time off will be at the Town's discretion based on scheduling needs. The Town shall, to the best of its ability and subject to scheduling needs of the Town, make every effort to accommodate employee requests for compensatory time off.
21.4 Compensatory Time Off Cap
The maximum accrued compensatory time accumulation shall be eighty (80) hours. When an employee has reached the eighty (80) hour maximum accrual of compensatory time off, all overtime must be paid in cash until the employee’s compensatory time off bank is reduced below the maximum cap.
Section 22. Call Back
Call back overtime is defined as Town-required return to work after an employee has completed his/her/their normal work shift and before his/her/their next scheduled normal workday. An employee notified of call back overtime that is not contiguous to his/her/their shift less than 72 hours in advance will be paid at the call back rate. An employee called back to work shall be reimbursed for mileage.
22.1 A subsequent call-back shall be considered to be within the initial call-back if the employee is notified within the original threehour period. If two hours and forty-five minutes of the original three-hour period expires before the employee is notified, then a new three-hour minimum shall go into effect. This section also applies to employees on stand-by duty as provided in Sec. 23.
22.2 When additional assistance is needed on a call-back event, supervisor approval is required to call back in more than one additional employee.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
Section 23. Standby
23.1 Assignment and Scheduling
The Union recognizes the Town right to schedule standby assignments for employees at Town discretion. Standby assignments shall be made in order to provide services outside the regular work schedule. Standby shall be assigned for the months of November through March, with additional standby periods to be determined on an as-needed basis at the discretion of the Department Director.
Standby assignments shall be scheduled on a volunteer basis, using a list of all employees and offered by rotation based on seniority. Each rotation will last for seven (7) days. Seniority for the purpose of this section is defined as total continuous service to the Town. In the absence of volunteers, the Town shall schedule standby. To the best of its ability, the Town shall schedule standby assignments as far in advance as possible. The Union recognizes the need for standby provision of services and further recognizes that employee failure to respond when assigned standby duty may be cause for disciplinary action including termination.
23.2 Compensation
Standby assignments shall be compensated at the rate of four (4) hours straight time pay for every twenty-four (24) hours of assignment. Assignments of standby duty for more or less than twenty-four (24) hours shall be compensated on a pro-rated basis (4 hours for each 24 hours). Specific call out of employees on standby assignments shall be compensated at the regular overtime rate. Town shall provide a cell phone to employees or those employees electing to receive a stipend may use their own cellphone while on standby assignment.
23.3 For an employee on standby: Minimum call-back pay shall be three (3) hours at the overtime rate with such three-hour period defined beginning with the time of the initial call and concluding thirty (30) minutes after the employee calls in to the Police Department dispatcher that the assignment has been completed.
23.4 For an employee not on standby: Minimum call-back pay shall be four (4) hours at the overtime rate with such three-hour period defined beginning with the time of the initial call and concluding thirty (30) minutes after the employee calls in to the Police Department dispatcher that the assignment has been completed.
23.5 Eligibility
Employees who can respond within a reasonable time period (i.e., 40 minutes on average) shall be eligible for standby duty regardless of where they reside. The Department Director shall qualify employees for standby duty by ascertaining that travel to standby assignments can be accomplished safely.
An employee who meets the above requirement, and whose work would not normally involve assignment to standby duty, may volunteer for such duty and will be assigned to the list of volunteer employees from which standby duty is assigned, at such time as he/she/they has received the necessary training in standby duties and skills. It is the intent of the parties that employees be notified by the Department as soon as possible after the execution of this Agreement that new volunteers will be accepted for training together with information for potential volunteers. If there are volunteers, the Labor-Management Committee shall be convened to discuss implementation of the appropriate training at the earliest practicable date.
23.6 Stand-By Training
The Town will provide additional training in stand-by duties for newly hired employees. Duration of training shall be evaluated by the employee’s supervisor during the first year.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
Section 24. Emergency Work
If an emergency work situation (as defined by the Supervisor) does not permit an employee to take their meal period and/or breaks, the missed meal period and/or breaks will be credited as compensatory time at time-and-a-half.
Section 25. Work Furlough Program
25.1 Town Participation
AFSCME recognizes the right of the Town to participate in the Work Furlough Program coordinated by the County of Santa Clara. The purpose of the program is to provide public service for local government through a sentencing alternative program for individuals to perform clean-up and maintenance-type duties.
25.2 Responsibilities
25.2.1 A regular Town employee at the level of Maintenance Worker or higher will be responsible to oversee work related to the Work Furlough Program.
25.2.2 An hourly employee at the level of Maintenance Assistant or higher will be assigned to assist the regular Town employee as necessary, at the discretion of the Department Director or designee.
25.3 Assignment and Scheduling
25.3.1 AFSCME employees will be provided ten (10) calendar days’ notice prior to a Work Furlough Program assignment except when a fill-in is necessary due to an emergency or unusual circumstance.
25.3.2 Work Furlough Program assignments shall be first made on a voluntary basis. In the absence of volunteers, the Town will assign employees with the least seniority from employees hired on or after July 1, 2007.
25.4 Compensation
Maintenance Workers will receive a 5% out-of-class premium for supervision duties when assigned to the Work Furlough Program. This premium will be applied to the entire shift and is in addition to any overtime compensation.
25.5 Evaluation
Work performed by Town employees related to the Work Furlough Program is subject to inclusion in the employees’ annual review.
25.6 Liability
Town employees assigned to the Work Furlough Program are covered for liability purposes by the Town of Los Gatos while performing duties within the scope of his/her/their job.
Section 26. Vacation Schedule
The following vacation schedule shall apply to all employees:
0 to 36 months 10 days per year - 3.08 hours per pay period 37 to 60 months 16 days per year - 4.92 hours per pay period
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
61 to 120 months 21 days per year - 6.46 hours per pay period 121 to 180 months 23 days per year - 7.08 hours per pay period 181 months and over 25 days per year - 7.70 hours per pay period Maximum accrual of vacation hours shall be 320 hours.
Section 27. Vacation Cash-Out
27.1 Employees who terminate from Town service shall have all accrued vacation leave and compensatory time cashed out effective the last full work-day with the Town. This will terminate the employee's status as an employee of the Town.
27.2 On or before the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out up to eighty (80) hours of accrued vacation (in whole hour increments) earned in the following calendar year at the employee’s base rate of pay. On the pay day for the pay period which includes Thanksgiving in the following year, the employee will receive cash for the amount of vacation the employee irrevocably elected to cash out in the prior year. However, if the employee’s vacation leave balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued that year that is remaining at the time of the cash out.
27.3 All employees may apply vacation time cash-out to deferred compensation, so long as applicable law permits.
Section 28. Sick Leave
28.1 Accrual Rate
Accumulation rate shall be eight (8) hours per month (3.70 hours per pay period). Maximum accrual of sick leave hours shall be 1200 hours.
28.2 Sick Leave and Other Accrued Leaves
When an employee is absent for any of the purposes for which sick leave may be used, he/she/they may use other accrued leaves when sick leave has been exhausted, unless he/she/they has received a second consecutive written notice of counseling within an eighteen (18) month period regarding excessive or abusive use of sick leave with the exception of protected leave situations.
28.3 Sick Leave Cash-Out Program For Employees Hired Before July 1, 2018 Employees hired before July 1, 2018 who terminate employment with the Town for any reason other than retirement may cash out their accumulated sick leave as follows:
Months of Employment
1- 59 months at 25%
60 - 119 months at 37.5%
120 months or more at 50%
If an employee is terminated due to a layoff, the employee shall be eligible to cash out 100% of accrued sick leave at time of layoff. In order to be eligible for the terminating sick leave cash-out program, an employee must have a sick leave accrual balance of at least 150 hours at the time of termination. Employees who terminate employment with the Town after a prolonged period of illness or injury, may apply to the Town Manager for a waiver of the 150 hours requirement.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
Employees hired on or after July 1, 2018 may not participate in the sick leave cash out program and are not eligible to cash out sick leave.
28.4 Sick Leave Conversion at Retirement to Town Trust
All employees hired prior to July 1, 2007 who retire may convert 100% of their accumulated sick leave to a dollar equivalent at their hourly rate of pay at the time of retirement. Employees hired after July 1, 2007 are not eligible for this Sick Leave Conversion option under this provision.
This amount shall be held in an account. The employee's portion of medical insurance premium payment will be withheld from their monthly retirement payment by CalPERS. The Town agrees to pay the retiree quarterly in advance on the first pay period of January, April, July, and October of each year after retirement. The first payment will be prorated to the nearest quarter.
The retiree's portion of medical payments will be paid from this account by the Town until all monies are depleted from the account or the retiree dies, whichever occurs first.
This account will not accrue interest and will not be paid in cash to the retiree or any beneficiaries, except that upon the death of a retiree whose sick leave account has not been exhausted, the retiree's spousal survivor shall be paid the full cash value of the remaining sick leave in the retiree's account.
The retiree shall be responsible for 100% of their share of future medical insurance payments once the account is exhausted, exclusive of the PEMCHA minimum.
Section 29. Holidays
The following shall be observed as paid eight (8) hour holidays:
January 1st (New Year's Day)
3rd Monday in January (Martin Luther King's Birthday) the 3rd Monday in February (President's Birthday)
the last Monday in May (Memorial Day)
Juneteenth
July 4th (Independence Day)
the first Monday in September (Labor Day)
Thanksgiving Day
the Friday following Thanksgiving Day.
November 11 (Veterans Day)
December 25th (Christmas Day)
four (4) hours each on December 24 and December 31.
every day declared a holiday by the President or Governor, subject to the Mayor also proclaiming the day as a holiday.
Holidays which fall on Saturday shall be observed on the Friday prior, and holidays which fall on Sunday shall be observed on the following Monday.
Section 30. Personal Leave
The employee shall be entitled to twenty-four (24) hours of personal leave per calendar year; such leave shall be noncumulative with no cash value. Of the twenty-four (24) hours annually, the employee may take twelve (12) hours without prior notice and twelve (12) hours with prior notice. If an employee's use of Personal Leave without prior notice results in the Town having to change another employee's schedule without 72 hours' notice, the situation will be considered an emergency under Section 20 (Work Schedule) and will not result in penalty to the Town.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
Section 31. Maternity Leave/Family Leave/Medical Leave
The Town recognizes State and Federal law regarding Maternity Leave and Family and Medical Leave. The Town will take action to inform employees of the current provisions of laws affecting these leaves. The Town may, at its discretion, approve leave beyond the specific amount provided above.
Section 32. Catastrophic Time Bank
If an employee, spouse or significant other, or child becomes catastrophically ill or injured, the employee may request in writing of the Town Manager that a catastrophic time bank be established. The bank will enable employees to donate accrued CTO or vacation to the requesting employee in accordance with Departmental policies to be developed.
Section 33. Bereavement Leave
A maximum of forty (40) paid leave hours is available upon the death of a family member. For the purposes of this section family member is defined as parent, stepparent, parent-in-law, spouse/domestic partner, child, stepchild, foster child, dependent, sibling, sibling-in-law, grandparent, step-grandparent, grandparents in law, and grandchild.
Days of bereavement leave need not be consecutive but shall be completed within three months of the date of death of the family member.
If requested by the Town, the employee shall provide documentation of the death of the family member within 30 days of the first day of the leave. Appropriate documentation for this purpose is defined in California Government Code section 12945.7(f).
Section 34. Military Leave
Military leave and benefits shall be granted in accordance with State and Federal Law, including the continuation of employee salary and benefits and employees will receive up to thirty (30) calendar days of pay.
Section 35. Personal Emergency Leave
Leave will be available for employees for disasters declared by Federal, State, County, or Town officials if those disasters affect all or a portion of the Town "urban service area". Leave is subject to scheduling by the Town. Employees shall be allowed to charge time off to accumulated Personal Leave, CTO, vacation hours, and sick leave hours (in that order). In the event of a Town emergency (e.g., flood, earthquake) employees are required to remain at work until released by their Supervisor.
Section 36. Jury Duty
An employee required to serve as a trial juror or an expert witness (expertise related to Town employment) shall have his/her/their salary and benefits continue; the employee shall turn over to the Town any compensation (other than travel related) from the courts or other source for jury duty.
Section 37. Leave Without Pay
Leave without pay shall be subject to approval of the Town Manager or designee.
An employee who is on leave without pay shall not earn any employment benefits (including, but not limited to such benefits as vacation sick leave, medical benefits, dental and other insurance benefits, retirement credits for time employed or seniority entitlements of any kind) for the duration of such leave. An employee who is on leave without pay will have the ability to continue all eligible COBRA benefits at their own expense in accordance with the Town's administrative policy on benefit retention.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
Vacation, sick leave, or time worked shall not be used intermittently during an extended leave to interrupt a determination that an employee is on leave with no pay.
37.1 Voluntary Unpaid Time Off
Employee participation in this plan is contingent on the Town’s agreement and understanding that employee participation cannot be interpreted as anything other than a temporary and limited good faith effort being made by the employee to do his/her/their part to help ease the Town’s budget shortfall. This is not to be construed as a representation of employee commitment to a permanent program or an admission of any kind that the employee would not become harmed by such a plan becoming mandatory.
Employees may request voluntary unpaid time off under the following circumstances:
A. No impact on accrual of paid leave, seniority, and completion of probation.
B. No impact on benefit eligibility and Town contributions.
C. Employees may cancel participation in the program at any time.
Section 38. Accrual of Benefits
There shall be no accrual of benefits during unauthorized leave, suspension, or leave without pay.
Section 39. Notice of Vacancies
Town job vacancies shall be posted on the Corporation Yard Bulletin Board for the duration of the recruitment period.
Section 40. Promotions
Subject to the needs of the Town, promotional examinations shall be used whenever possible to fill vacancies in the Town service.
Employees promoted to higher paying classifications shall receive a minimum five (5%) percent increase in salary or an amount which shall not exceed the highest step in the range of the higher classification.
Section 41. Probationary Period
The probationary period shall be twelve (12) months for all newly hired employees and six (6) months for employees receiving promotions. If at the end of a six month probationary period a promoted employee who has been routinely evaluated, trained and counseled is not meeting required performance standards, then the Town may extend the probationary period in three month increments, for a total maximum probationary period of 12 months.
An employee who is rejected during a promotional probation period shall have the right to return to his/her/their former classification, and the same right shall apply to an employee who is displaced as a result of such return, provided, however, that no such right shall apply - and no additional right shall be conferred hereby - to an employee who is serving his/her/their initial probationary period with the Town unit.
Section 42. Outside Employment
No full-time paid employee in the classified service shall hold any job other than employment by the Town without the written recommendation of his/her/their department manager and the written approval of the Town Manager. A copy of such approval shall be filed with the Personnel Officer. No employee, whether in the classified service or not, shall engage in other employment or activity which in any way involves a conflict with the interests of the Town or his/her/their responsibilities or duties as an employee.
Outside employment shall be reviewed and re-approved by the Department Director and Town Manager on a yearly basis.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
Section 43. Attendance
Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves.
An employee whose absence is not authorized will not receive pay or benefits for the absent period and shall be subject to discipline. Failure on the part of an employee absent without leave to return to duty shall be grounds for discharge. It shall be the responsibility of an employee absent without leave to notify the Department Director of the reason the employee is absent and of the employee's availability for duty.
Section 44. Personnel Files
Employees shall have the right to review materials in their individual personnel files in accordance with State law.
Section 45. Performance Evaluations
45.1 Evaluations
Performance evaluations shall take place at least every three (3) months for all probationary employees and shall take place at least annually thereafter on the anniversary of an employee's employment with the Town. Employees eligible for step increases shall receive their performance evaluation no later than fifteen (15) days prior to their employment anniversary date. Employee evaluation forms shall include a section with a box to be checked indicating whether an employee agrees or disagrees with his/her/their evaluation. Employees granted step increases shall receive those increases effective the closest pay period in which they are eligible.
All performance evaluations shall be discussed with the employee prior to the evaluation being completed. Employees shall sign their individual performance evaluations as evidence of discussion having taken place; employee signature does not necessarily imply agreement with the evaluation. An employee may attach separate written comments to his/her/their evaluation.
Performance evaluations shall be conducted annually from the employee's (1) date of hire, (2) date of last merit increase, or (3) date the employee entered his/her/their classification. The classification date shall supersede the hire date, and the date of the last merit increase shall supersede both the hire date and the classification date.
Performance evaluations shall be completed by an employee's immediate supervisor (i.e., PW Maintenance Supervisor or Parks Maintenance Supervisor). Written comments made by any other supervisor, superintendent or management personnel shall not change the numerical rating of the immediate supervisor.
The Town agrees to provide employees with a copy of both the initial and final versions of their quarterly and annual performance evaluations.
Sick leave usage shall not be directly evaluated on the performance evaluation. Performance categories that are affected by excessive or abusive use of sick leave shall be evaluated.
45.2 Counseling
In the event that a worker's performance or conduct appears to be unsatisfactory or needing improvement, informal verbal or written counseling shall be provided by the workers immediate supervisor. Counseling should be separate from ongoing work site dialogue and should address performance or conduct which, if not improved, may eventually result in a negative evaluation or disciplinary action. Documentation of such counseling shall be given to the worker at the time of the counseling and will not be placed in a worker’s personnel file. When the situation allows counseling, counseling shall be used prior to any unfavorable reports being issued. Counseling should normally take place between the worker and the immediate supervisor.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
45.3 Unfavorable Reports On Performance Or Conduct
If upon such counseling a worker's performance or conduct does not improve and a negative evaluation or disciplinary action could result, the supervisor shall prepare a written report that includes specific suggestions for corrective action, if appropriate.
A copy shall be given to the worker and a copy filed in his/her/their personnel file. Workers shall have the right to attach a written rebuttal to the report for inclusion in their personnel file.
Section 46. Seniority
Unpaid leaves of absence and breaks in continuous service shall not be credited to employee seniority.
Seniority will be a factor in determining vacation use.
Section 47. Layoff Policy
47.1 Definitions
As used in this Section, the following words and phrases shall be defined as follows:
47.1.1 Service Seniority shall be defined as the length of time an employee has served as a regular employee of the Town. Service seniority shall not be earned for standby duty, overtime work, during periods of suspension without pay as a result of disciplinary action, or for non-medical leave without pay. Service Seniority for unpaid military leave will be considered in the manner prescribed by State and Federal law.
47.1.2 Classification Seniority shall be defined as the length of time the employee has served as a regular employee in a classification including anytime spent in a higher classification. A higher classification shall mean a job classification with a higher salary range.
47.1.3 A lower class shall mean a job classification with a lower salary range.
47.2 Order of Layoff
When one or more employees in the same class are to be laid off for lack of work, purposes of economy, curtailment of positions or other reason, the order of layoff shall be as follows:
(1) Temporary employees in the order to be determined by the appointing authority. (2) Probationary employees in the order to be determined by the appointing authority. (3) Permanent employees in inverse order of classification seniority.
47.3 Notice of Layoff
Employees subject to the provisions of this Section shall be given a minimum 30 calendar day notice in writing prior to the effective date of layoff. The Union shall receive concurrent notice, and upon written request within seven calendar days after the notice is given shall be afforded an opportunity to meet with the appropriate Town representatives to discuss the circumstances necessitating the layoff and any proposed alternatives to such layoff. Notwithstanding the effort to work cooperatively, the Town has the exclusive right to determine the methods, means, numbers and kinds of personnel by which by services are to be provided. The Town’s decision to make a reduction in force or layoff an employee(s) is not subject to the duty to meet and confer.
47.4 Reassignment in Lieu of Layoff
In the event of layoff, any employee so affected may elect to:
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
(1) Accept a position in a lower class in which the employee has attained permanent status, provided the employee is otherwise qualified and has more service seniority than other employee(s) in such lower class. (2) Accept a vacant position in a lower class for which the employee has the necessary education, experience, and training as determined by the Director of Human Resources or designee. (3) Any employee entitled to the options noted above, which involve assignment to a lower classification, may elect to be placed on layoff in lieu of accepting such assignment to the lower class. In the event the employee elects to be placed on layoff, such employee will only be recalled to the classification from which the employee elected to be placed on layoff.
Section 48. Layoff Reinstatement
48.1 The names of such persons who are laid off or who elect reassignment in lieu of layoff in accordance with the provisions of Section 47 of this Memorandum of Understanding shall be placed upon a Reinstatement Eligible List in inverse order of Service Seniority, i.e., the person with the greatest Service Seniority on the Reinstatement Eligible List for the classes affected shall be offered reinstatement when a vacancy exists in the affected class. Prior to reinstatement, an employee shall be required to meet the qualifications of the positions to which he/she/they is reinstated.
48.2 In the event an employee accepts reinstatement to a lower class to which the employee is entitled, such person’s name shall remain on the Reinstatement Eligible List for reinstatement to higher class, provided such a person, except for lack of seniority, would have been otherwise entitled to such higher class at the time of the most recent layoff.
48.3 Any person who is reinstated to a class which is the highest class to which they would have been entitled at the time of the layoff shall have the employee’s name removed from the Reinstatement Eligible List.
48.4 In the event a laid off employee cannot be contacted by the Town through usual and customary channels within 10 working days, such person’s name shall be removed from the Reinstatement List, providing, however, that such person within the twenty-four month period specified herein may request that his/her/their name be returned to the Reinstatement Eligible List and such person’s name may the at sole discretion of the Personnel Officer, or designee, be returned to the Reinstatement Eligible List. In this case, the decision of the Personnel Officer or designee shall be final and not subject to any grievance procedure contained herein.
48.5 In no event shall the names of any person laid off pursuant to the provisions of this Section remain on Reinstatement Eligible List for a period longer than twenty-four months from the effective date of such person’s most recent layoff.
48.6 Upon reinstatement to any classification to which the employee is entitled pursuant to the provision of this Section, all benefits acquired by the employee prior to layoff shall also be reinstated. An employee shall not receive credit for time spent on layoff in computing time for any benefit entitlement.
48.7 A laid-off employee shall lose their reinstatement rights for:(1) failure to return to work within 30 days of notice of reinstatement; (2) retirement; and (3) termination for cause.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
48.8 Laid-off/displaced employees shall be paid accrued leaves and related benefits in accordance with this Memorandum of Understanding and applicable Town policies and rules. Employees being re-employed who received a sick leave pay off at the time of layoff/displacement, shall have the uncompensated portion of their sick leave balance restored; provided, however, that only those sick leave hours accrued after re-employment shall be applied to sick leave payoff or retiree medical related to a subsequent termination.
Section 49. Contracting Out
No bargaining unit employees shall be laid off as a result of the Town entering into a contract with any outside party.
Section 50. Safety Committee
The Union shall encourage its member’s participation in the Town-wide Safety Committee.
Section 51. Safety
The Town shall continue to comply with all applicable State rules and regulations relative to safety. The Town and Union agree to maintain a joint committee to investigate and make recommendations on safety issues identified by the Union and the Town.
Section 52. Physical Examinations and Tests
The Town agrees to provide full cost reimbursement for physical examinations and job-related tests that may be required of employees as a condition of continued employment with the Town.
Section 53. Grievance Procedure
Grievances shall be defined as alleged violations of this agreement or disputes regarding interpretations, application, or enforcement of this agreement or Town ordinances, resolutions, and written policies related to personnel policies and working conditions. Grievances shall not include disagreements, disputes, or activities regarding or pertaining to examinations for employment or promotion, disciplinary action, performance evaluations, probationary terminations and items subject to meet and confer. Nothing in these definitions shall be construed to limit "permanent" employees from appealing decisions affecting their employment to the Town Personnel Board.
No act or activity which may be grievable may be considered for resolution unless a grievance is submitted in accordance with the procedure contained herein within thirty (30) calendar days of the date the grievable activity occurred or the date the grievant could reasonably have known such activity occurred. This statute of limitations shall not apply to probationary employees.
The parties agree that all grievances will be processed in accordance with the following procedure:
Step 1
Any employee who has a grievance shall first try to get it settled through discussion with his/her/their immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision. If after such discussion the employee does not believe the grievance has been satisfactorily resolved, he/she/they may file a formal appeal in writing to his/her/their Department Director within ten (10) calendar days after receiving the informal decision of his/her/their immediate supervisor.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
Step 2
The Department Director receiving the formal appeal shall render his/her/their written decision within ten (10) calendar days after receiving the appeal. If after receipt of the written decision of the Department Director the employee is still dissatisfied, he/she/they may appeal the decision of the Department Director to the Town Manager. Such appeal shall be made by filing a written appeal to the Town Manager within five (5) days after receipt of the written decision of the Department Director. The Town Manager shall review the decision of the Department Director and render a decision within twenty (20) working days after the appeal is made. The Town Manager’s decision shall be final unless appealed to the Personnel Board by either the employee or the Department Director.
Step 3
The appealing party may file a written appeal of the decision, findings and conclusions of the Town Manager to the Personnel Board within ten (10) working days of the Town Manager’s decision. Within sixty (60) calendar days of the filing of the appeal, the Personnel Board shall review the decision of the Town Manager and the appeal filed. The Personnel Board may ratify, modify or reverse the Town Manager’s decision. The decision of the Personnel Board shall be final.
The time limitations for filing and responding to grievances may be waived or extended by mutual agreement of the parties. If either party to the grievance so requests, an informal hearing shall be conducted at the Department Director or Town Manager appeal levels. Employees may be represented by counsel, Union representative, Union steward or other person at any stage in the grievance process
Section 54. Disciplinary Procedure
54.1 Suspension
Suspension shall be a temporary separation (without pay) from Town service without pay for disciplinary purposes. The Department Director, with notice to the Personnel Officer, may suspend an employee without pay for disciplinary purposes.
54.2 Reduction in Pay
Reduction in pay is a decrease in compensation paid to an employee for a fixed period of time for disciplinary purposes.
The Department Director, with notice to the Personnel Officer, may impose a reduction in pay to an employee for disciplinary purposes.
54.3 Demotion
The Department Director, with notice to the Personnel Officer, may demote an employee whose performance of his/her/their required duties is below standard, or for other disciplinary purposes. Demotion may be made to vacant position, if approved by the Personnel Officer, in lieu of layoff. No employee shall be demoted to a position for which he/she/they does not possess the minimum qualifications. Written notice of the demotion shall be given by the Department Director to the employee no less than three (3) days prior to the effective date of the demotion, and a copy filled with the Personnel Officer within the same period.
54.4 Termination
The Department Director, with notice to the Personnel Officer, may terminate an employee whose performance of his/her/their required duties is below standard, or for other disciplinary purposes. Written notice of the termination shall be given by the Department Director to the employee no less than ten (10) days prior the effective date of the termination, and a copy filed with the Personnel Officer within the same period.
54.5 Grounds for Discipline
Employees may be disciplined for, including but not limited to, any of the following grounds for discipline:
1. Fraud in securing employment or making a false statement on an application for employment.
2. Incompetency, i.e. inability to comply with the minimum standard of an employee’s position for a significant period of time.
3. Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties required of an employee within his/her/their position.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
4. Willful disobedience and insubordination, a willful failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position.
5. Dishonesty, involving employment.
6. Being under the influence of alcohol or dangerous drugs or narcotics while on duty.
7. Excessive absenteeism.
8. In excusable absence without leave.
9. Abuse of sick leave, i.e., taking sick leave without a doctor’s certificate when one is required, or misuse of sick leave.
10. The conviction of either a misdemeanor or a felony involving moral turpitude shall constitute grounds for dismissal of any employee. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. The Personnel Officer may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline, or the determination if such conviction is an offense involving moral turpitude. A pleas or verdict of guilty, of a conviction showing a plea of nolo contendere made to charge a felony or any offense involving moral turpitude, is deemed to be a conviction within the meaning of this Section. The Personnel Officer may suspend or dismiss said employee when the time for appeal has elapsed or the judgment of the conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code of the State of California allowing such person to withdraw his plea of guilty and enter a plea of not guilty, or setting side a verdict of guilty, or dismissing the accusation or indictment.
11. Discourteous treatment of the public or other employees.
12. Improper or unauthorized use of agency property.
13. Refusal to subscribe to any oath or affirmation which is required by law in connection with agency employment.
14. Any willful act of conduct undertaken in bad faith, either during or outside of duty hours which is of such a nature that it causes discredit to the agency, the employee’s department of division.
15. Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of agency property.
16. Violation of the rules and regulations published by the employee’s department.
17. Outside employment not specifically authorized by the appointing authority in accordance with Town procedures.
18. Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation to an employee for the performance of official duties in accordance with policy on Gifts, “Gratuities Or Rewards”.
19. The refusal of any officer or employee of the agency to testify under oath before any Grand Jury having jurisdiction over any then pending cause of inquiry in which the investigation of government bribery or misconduct in agency office is involved shall constitute of itself sufficient ground for the immediate discharge of such officer or employee.
20. Willful violation of any of the provisions of the ordinances, resolutions or any rules, regulations or policies which may be prescribed by the agency.
21. Improper political activity. Example: Those campaigning for or espousing the election or non-election of any candidate in national, state, county or municipal elections while on duty and/or during working hours or in an agency uniform on or off duty; or the dissemination of political material of any kind while on duty and/or working hours or in uniform.
54.6 Procedures for Taking Disciplinary Action
Disciplinary action shall be taken in compliance with the following procedures:
54.6.1 Notice of Intent
Whenever the Department Director intends to suspend an employee, demote the employee, reduce employee pay, or dismiss the employee, the Department Director shall give the employee a written notice of discipline which sets forth the following:
a. The disciplinary action intended;
b. The specific charges upon which the action is based; c. A factual summary of the grounds upon which the charges are based; d. A copy of all written materials, reports, or documents upon which the discipline is based; e. Notice of the employee’s right to respond to the charges either orally or in writing to the appropriate authority; f. The date, time and person before whom the employee may respond in no less than (3) working days; g. Notice that failure to respond at the time specified shall constitute a waiver of right to respond prior to final discipline being imposed.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
54.6.2 Response by Employee
The employee shall have the right to respond to the Department Director orally or in writing. The employee shall have a right to be represented at any meeting set by the appropriate authority to hear the employee’s response. Such meeting will only be permitted once and continued for no more than two days. In cases of suspensions for three (3) days or more, demotions, reductions in pay or dismissal, the employee’s response will be considered before final action is taken.
54.6.3 Final Notice
After the response or the expiration of the employee’s time to respond to the notice of intent, the appropriate authority shall:
(1) dismiss the notice of intent and take no disciplinary action against the employee, (2) modify the intended disciplinary action, or (3) implement the intended disciplinary action. If discipline is to be issued, the appropriate authority shall prepare and serve upon the employee a final notice of disciplinary action. The final notice of disciplinary action shall include the following:
a. The disciplinary action taken;
b. The effect of the disciplinary action taken;
c. Specific charges upon which the action is based;
d. A factual summary of the grounds upon which the charges are based; e. The written materials, reports and documents upon which the disciplinary action is based; f. The employee’s right to appeal if any.
54.7 Disciplinary Appeals Hearing Procedure
The appeal procedure described herein shall apply only to cases of disciplinary suspensions, reductions-in pay, demotions and dismissals affecting regular part-time and fill-time classified service employees.
1. An employee has five (5) working days after receipt of the Final Notice of Discipline, to appeal the decision by filing a written request for an appeal hearing with the Personnel Officer.
2. If, within the five-day (5) appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the Department Head shall take effect as prescribed.
3. If, within the five-day (5) appeal period, the employee involved requests an appeal hearing by filing a written request with the Personnel Officer, the Personnel Officer shall submit the appeal to the Town Manager.
4. A time for an appeal hearing shall be established which shall not be less than twenty (20) working days, from the date of the filing of the appeal. All interest parties shall be notified in writing of the date, time, and place of the hearing at least ten (10) working days prior to the hearing.
5. All hearings shall be private; provided, however, that the appellant may request a hearing open to the public. Any request for an open hearing shall be submitted (5) days prior to the hearing date or the hearing will be closed.
6. Five (5) working days prior to the date set for the hearing each party shall serve upon the other party and submit to the Town Manager list of all witnesses and all exhibits to the Personnel Officer.
7. The employer’s exhibits shall be designated by number. The employee‘s exhibits shall be designated by alphabetical letter.
Neither party will be permitted to call during the hearing a witness not identified pursuant to this section nor use any exhibit not provided pursuant to this section unless that party can show that they could no reasonably have anticipated the prior need for such witness or exhibit.
8. The hearing will not be conducted in accordance with technical rules related to evidence and witnesses but hearings hall be conducted in a manner most conducive to determination of the truth. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explain any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over the objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Town Manager shall not be invalidated by any informality in the proceedings.
9. The Town Manager shall rule on the admission or exclusion of evidence.
10. Each party shall have these rights: To be represented by legal counsel or other person of his or her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him/her.
If the employee does not testify in his or her own behalf, he/she/they may be called and examined as if under crossexamination.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
11. Oral evidence shall be taken only on oath or affirmation.
12. The hearing shall proceed in the following order, unless the Town Manager for special reason, otherwise directs:
13. The Town shall be permitted to make an opening statement.
14. The employee shall be permitted to make an opening statement.
15. The Town shall present its case in chief and offer evidence in support thereof.
16. The employee may then present his or her defense and offer his or her evidence in support thereof.
17. The parties may then, in order, respectively offer rebutting evidence only, unless the Town Manager for good reason, permits them to offer evidence upon their original case.
18. Closing arguments shall be permitted at the discretion of the Town Manager. If the Town Manager permits closing arguments, the party with the burden of proof shall have the right to close the hearing by making the last closing argument.
19. The Town Manager shall determine relevancy, weight, and credibility of testimony and evidence, and shall base its findings on the preponderance of evidence.
20. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party.
21. No still photographs, moving pictures, or television pictures hall be taken in the hearing chamber during a hearing.
22. The Town Manager, prior to or during a hearing, may grant a continuance for any reason he/she/they believes to be important to his/her/their reaching a fair and proper decision.
23. The Town Manager shall render his/her/their findings and decision as soon after the conclusion of the hearing as possible, and in no event, later than ten (10) working days after conducting the hearing unless otherwise stipulated by the parties.
The Town Manager’s decision shall set forth the recommendations as to each of the charges and the reasons therefore.
24. The Town Manager may recommend the sustaining or rejecting of any or all of the charges filed against the employee. The Town Manager may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee.
25. The Town Manager’s proposed decision shall be filled with the charged employee and the Personnel Officer, and if the proposed decision is to reinstate, the decision shall set forth the recommended effective date the employee is to be reinstated, which may be any time on or after the date the disciplinary action went into effect. The decision of the Town Manager is final unless appealed to the Personnel Board.
26. Either party may appeal the Town Manager’s decision by filing a written appeal with the Personnel Officer within ten (10) working days of the Town Manager’s decision.
27. The party desiring to contest the decision of the Town Manager may request a transcript for review by the Personnel Board within ten (10) working days of the Town Manager’s decision. If the appealing party requests a transcript, that party shall pay the cost of the transcript.
28. Within ten (10) working days of the filing of the appeal, the Personnel Board shall review the decision of the Town Manager, the appeal filed and the record. The Personnel Board shall review the decision of the Town Manager, the appeal filed and the record. The Personnel Board may ratify, modify or reverse the Town Manager’s decision; the Personnel Board shall first obtain a transcript of the hearing. The decision of the Personnel Board shall be final.
Section 55. Unpaid Furloughs
AFSCME understands that the Town Manager has the unilateral authority to implement unpaid furloughs. Time will be tracked on timesheets and monitored to ensure that all employees meet the unpaid furlough requirement.
55.1 Town-wide Closures: The Town Manager will close Town services on designated days for which employees will take unpaid time. The closure schedule will be published for employees and the public in advance. In the event that the Town requires an employee to work on a designated furlough day, the employee shall not be furloughed on that day but shall take a different unpaid furlough day on a date mutually agreeable to the employee and his or her supervisor. Rescheduled furlough days must be pre-approved by a supervisor in advance and in accordance with standard operating and staffing requirements.
55.1.1 Rolling Furloughs: As an alternative to taking unpaid furlough on a Town-wide Closure day, employees may request to schedule unpaid furlough on a regularly scheduled workday. The request is subject to supervisory approval and subject to meeting operational needs. Furlough hours may be scheduled as a minimum of four (4) hours.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
55.2 Supervisory Authority: The parties recognize the supervisor’s authority to approve or deny paid or unpaid time off based upon the operational needs of the department. Time off will be granted in a manner that minimizes operational hardship.
55.3 Incomplete Furloughs: If an employee does not complete their unpaid furloughs by the last pay period of the fiscal year, the employee’s accrued vacation hours will be forfeited for the balance of the unpaid furlough. The parties understand that furlough hours have no cash value.
55.4 Effect on Paychecks: To minimize fluctuations in paychecks, the furlough pay reduction will be taken in equal increments over the fiscal year, regardless of when the actual furlough day is taken.
55.5 No Limitation: The parties understand that paragraphs in this section are intended to provide a structure for unpaid furloughs and are not a limitation on the Town Manager’s authority to implement unpaid furloughs.
Section 56. Closure Days with Paid Leave Allowed
AFSCME understands that the Town Manager, for budgetary constraints or for operational efficiency, may close all nonessential services and permit employees to use paid leaves. For example, the Town Manager may institute the closure of nonessential services between the Christmas and New Years’ holidays. Where not in conflict with the provisions of Section 54 (Unpaid Furloughs), in regard to these closure days:
56. 1
Employees performing essential services and scheduled to work on the Closure Days will receive straight-time pay for hours worked up to forty per week, and overtime pay for hours worked in excess of forty per week.
56.2 At their election, employees who are not scheduled to work may utilize accrued paid vacation, compensatory time off, or personal leave to cover the Closure Days. Leave must be requested in the manner provided in the MOU. Employees who use paid leave will accrue sick leave, vacation and CalPERS credit while on leave.
56.3 While employees have the option to utilize paid vacation, compensatory time off, or personal leave, they are also permitted to take leave without pay (LWOP) to cover Closure Days. Employees who take LWOP will maintain their health, life and disability insurance, as well as any medical cash in lieu. Employees who utilize LWOP will not accrue sick leave, vacation or CalPERS credit while on LWOP.
56.4 If an employee requests to work during the closure days due to hardship (e.g., the employee is out of leave and is financially unable to take time without pay), the Department Director will first try to assign the employee in their own department. If a suitable assignment is not available in the employee’s own department, the Town Manager maintains the management right to place the employee in an alternative assignment for the furlough period.
56.5 The Town Manager maintains the management right to determine essential and nonessential services.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
57 Tuition Reimbursement Program
57.1 The Town will reimburse employees up to $3,000 per fiscal year toward the cost of books, university/school fees (except parking) and tuition.
57.2 The reimbursement shall be only for courses that are directly related to the employee’s position as determined by the Town Manager, including general education courses that are generally related to attainment of a job-related degree or certification.
General education courses not generally related to the employee’s position will not be eligible for reimbursement.
Reimbursement shall be taxed pursuant to State and Federal regulations.
57.3 Application for tuition reimbursement shall be made to the Town before the course begins. Prior to reimbursement of costs, all course work must be completed with a passing grade of “C” or equivalent when numerical score or pass/fail is given.
57.4 Any employee who terminates employment with the Town within one (1) year from the completion of a class or classes, for which tuition reimbursement was paid shall refund all tuition paid under this provision, unless required to attend by the appointing authority. This section shall not apply in cases involving disability, layoff, or death of the employee, or other unforeseen circumstances as approved by the Appointing Authority on a case-by-case basis.
Section 58. Comprehensiveness of Agreement
Town and Union agree that this agreement represents all salary, wages, and fringe benefits subject to negotiation and available to employees.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027
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ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027 AFSCME MOU Exhibit A
Town of Los Gatos AFSCME Classifications
Salary Schedule for Fiscal Year 2024/25
Effective July 7, 2024
Class
Code
Classification Title FLSA Range
AF1
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
6619 Assistant Equipment Mechanic Non-Exempt 09 $35.7448 $37.5320 $39.4086 $41.3790 $43.4480 $45.6204 6620 Equipment Mechanic Non-Exempt 03 $41.1112 $43.1668 $45.3251 $47.5914 $49.9710 $52.4696 6618 Supervising Equipment Mechanic Non-Exempt 08 $47.2784 $49.6423 $52.1244 $54.7306 $57.4671 $60.3405 6670 Facility Technician Non-Exempt 02 $38.2512 $40.1638 $42.1720 $44.2806 $46.4946 $48.8193 6600 Lead Parks & Maintenance Worker Non-Exempt 07 $43.6488 $45.8312 $48.1228 $50.5289 $53.0553 $55.7081 6650 Parks & Maintenance Worker Non-Exempt 05 $35.1208 $36.8768 $38.7206 $40.6566 $42.6894 $44.8239 6660 Parks & Maintenance Worker Trainee Non-Exempt 04 $28.6832 $30.1174 $31.6233 $33.2045 $34.8647 $36.6079 6605 Senior Parks & Maintenance Worker Non-Exempt 06 $38.2200 $40.1310 $42.1376 $44.2445 $46.4567 $48.7795 6610 Town Arborist Non-Exempt 03 $41.6936 $43.7783 $45.9672 $48.2656 $50.6789 $53.2128 Reflects General Increase of 4%.
ITEM NO. 14.
Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2024– June 30, 2027 Town of Los Gatos AFSCME Classifications
Salary Schedule for Fiscal Year 2025/26
Effective July 6, 2025
Class
Code
Classification Title FLSA Range
AF1
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
6619 Assistant Equipment Mechanic Non-Exempt 09 $37.1746 $39.0333 $40.9850 $43.0343 $45.1860 $47.4453 6620 Equipment Mechanic Non-Exempt 03 $42.7556 $44.8934 $47.1381 $49.4950 $51.9698 $54.5683 6618 Supervising Equipment Mechanic Non-Exempt 08 $49.1695 $51.6280 $54.2094 $56.9199 $59.7659 $62.7542 6670 Facility Technician Non-Exempt 02 $39.7812 $41.7703 $43.8588 $46.0517 $48.3543 $50.7720 6600 Lead Parks & Maintenance Worker Non-Exempt 07 $45.3948 $47.6645 $50.0477 $52.5501 $55.1776 $57.9365 6650 Parks & Maintenance Worker Non-Exempt 05 $36.5256 $38.3519 $40.2695 $42.2830 $44.3972 $46.6171 6660 Parks & Maintenance Worker Trainee Non-Exempt 04 $29.8305 $31.3220 $32.8881 $34.5325 $36.2591 $38.0721 6605 Senior Parks & Maintenance Worker Non-Exempt 06 $39.7488 $41.7362 $43.8230 $46.0142 $48.3149 $50.7306 6610 Town Arborist Non-Exempt 03 $43.3613 $45.5294 $47.8059 $50.1962 $52.7060 $55.3413 Reflects General Increase of 4%.