Agenda packet — Los Gatos City Council, September 17, 2024 (part 1 of 2)

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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 zoom.us/join and use passcode 793054.

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)
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
SEPTEMBER 17, 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

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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
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 the September 3, 2024 Closed Session Meeting Minutes.

2. Approve the September 3, 2024 Study Session Meeting Minutes.

3. Approve the September 3, 2024 Regular Session Meeting Minutes.

4. Receive the Monthly Financial and Investment Report for July 2024.

5. Authorize the Interim Town Manager to Execute an Agreement with Rotary Club of Los Gatos for Acceptance of a Gift of an “Oak Grove” at Live Oak Manor Park.

6. Appoint Mayor Mary Badame as the Town’s “Director” Representative to the Silicon Valley Animal Control Authority (SVACA) Joint Powers Authority Board; and Appoint Councilmember Rob Moore as the Town’s “Alternate Director” Director Representative.

7. Authorize the Interim Town Manager to Execute the Third Amendment to the Consultant Services Agreement with Mott MacDonald Group Inc. to Provide Additional Construction Support Services in an Amount Not to Exceed $49,901, For a Total Contract Not to Exceed Amount of $833,019, for the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505), Federal Project No. CML-5067(021).

8. Authorize the Interim Town Manager to Execute an Agreement with Kimley-Horn and Associates, Inc. in the Amount of $37,135 to Assess and Evaluate Artificial Turf and Natural Grass at Creekside Sports Park (CIP Project 831-4404).

9. Receive Interim Community Center Improvement Cost Estimates and Implementation Update.

10. Adopt a Resolution Approving the Town of Los Gatos Local Hazard Mitigation Plan (LHMP) Annex to the County of Santa Clara Multi-Jurisdictional Hazard Mitigation Plan (MJHMP).

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.)

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PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)

11. Consider Adoption of a Resolution of Necessity to Authorize Acquisition of Private Property Through Eminent Domain for the Shannon Road Capital Improvement Project (CIP No. 811-0008).

OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)

12. Receive an Update on the Downtown Restroom Feasibility Study (CIP No. 821-2011) and Provide Direction to Town Staff.

13. Provide Direction on a Potential Senior Services Coordinator, Approve an Expenditure and Revenue Budget Adjustment in the Amount of $74,135 to Allocate Fiscal Year 2023/24 Carryforward Grant Funding, and Approve Any Other Necessary Expenditure Budget Adjustments.

14. Adopt a Commission Events Policy and Revised Town Council Policy 5-03 “Commission Budgets.”
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.)

15. Adopt a Resolution to Renew an Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy Pursuant to Assembly Bill 481.

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]

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

TOWN OF LOS GATOS

COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 09/17/2024
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, September 3, 2024
4:15 P.M.

The Town Council of the Town of Los Gatos conducted a special meeting in-person.

MEETING CALLED TO ORDER AT 4:15 P.M.

ROLL CALL

Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Rennie, Council Member Rob Moore, 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 ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of Government Code Section 54956.9: 1 case
The Town Council reconvened in open session. There was no reportable action.

ADJOURNMENT
The meeting adjourned at approximately 5:05 p.m.

Attest: Submitted by:
___________________________ ___________________________ Wendy Wood, Town Clerk Katy Nomura, Interim Town Manager

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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: 09/17/2024
ITEM NO: 2
DRAFT
Minutes of the Town Council Special Meeting – Study Session Tuesday, September 3, 2024
5:15 P.M.

The Town Council of the Town of Los Gatos conducted a special meeting in-person and utilizing teleconferencing means.

STUDY SESSION CALLED TO ORDER AT 5:15 P.M.

ROLL CALL

Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Rennie, Council Member Rob Moore, and Council Member Maria Ristow.

Absent: None.

STUDY SESSION

1. Conduct a Study Session to Receive Information on and Discuss Senate Bill 330, Builder’s Remedy, Density Bonus Law, Existing Litigation Outcomes, Proposed State Laws, and the Town Planning Application Review Process.

Gabrielle Whelan, Town Attorney, gave brief overview of the topics to be discussed and introduced consultant Barbara Kautz.

Barbara Kautz, consultant, gave a presentation on state housing laws.

Mayor Badame opened public comment.

Peter Locastro
- Commented on concerns with proposed development projects.

Tom Johnson
- Asked if the Town can require a certain density on a parcel.

Sophie Kao
- Commented on concerns with proposed development projects and asked a clarifying question.

Rich Stephens
- Commented on concerns with proposed development projects.

Bill Walker
- Commented on concerns with development projects greater than three stories.

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ITEM NO. 2.

PAGE 2 OF 3
SUBJECT: Draft Minutes of the Town Council Study Session Special Meeting of September 3, 2024
DATE: September 6, 2024
Dan Brown
- Commented on concerns with proposed development projects and asked clarifying questions.

Carin Yamamoto
- Commented on concerns with proposed development projects and asked clarifying questions.

Angela Boles King
- Commented on concerns with proposed development projects and asked clarifying questions.

Jak Van Nada
- Asked a clarifying question regarding the Housing Element adopted on January 30 and commented on concerns with proposed developments projects.

Susan Burnet
- Asked about the legal status of the Housing Element adopted on January 30.

Allan Butler
- Commented on concerns with proposed development projects.

Rick Guidice
- Asked a clarifying question on the CEQA exemptions.

Joanne Rodgers
- Commented on concerns with proposed development projects.

John Eichinger
- Commented on concerns with proposed development projects and asked clarifying questions.

Sandy Decker
- Commented on concerns with proposed development projects.

Michael Silva
- Commented on concerns with proposed development projects.

Karen Dilullo
- Commented on concerns with proposed development projects.

Praveen Chang
- Commented on concerns with proposed development projects.

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ITEM NO. 2.

PAGE 3 OF 3
SUBJECT: Draft Minutes of the Town Council Study Session Special Meeting of September 3, 2024
DATE: September 6, 2024
Amy Despars
- Commented on concerns with proposed development projects and asked clarifying questions.

Lee Fagot
- Commented on concerns with state legislation and urged everyone to inform county and state officials of its impacts.

Zoom Caller
- Commented on concerns with proposed development projects.

Mayor Badame closed public comment.

Barbara Kautz, consultant, responded to questions raised during public comment.

Council Members asked questions and discussed the item.

Barbara Kautz, consultant, and Gabrielle Whelan, Town Attorney, responded to Council Member questions.

STUDY SESSION ADJOURNED
Study Session adjourned at 6:54 p.m.
_____________________________________
Wendy Wood, Town Clerk

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ITEM NO. 2.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 09/17/2024
ITEM NO: 3
DRAFT
Minutes of the Town Council Meeting
Tuesday, September 3, 2024
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, September 3, 2024, at 7:00 p.m.

MEETING CALLED TO ORDER AT 7:04 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
Grace Sulzmann led the Pledge of Allegiance. The audience was invited to participate.

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

1. Approve the Study Session Meeting Minutes of August 20, 2024.

2. Approve the Closed Session Meeting Minutes of August 20, 2024.

3. Approve the Meeting Minutes of August 20, 2024.

4. Adopt an Ordinance Titled: “An Ordinance of the Town Council of the Town of Los Gatos Amending Town Code Section 1.10.075, ‘Official Town Holidays – Designated; Exceptions’ to Add Veterans Day as a Town Holiday.” ORDINANCE 2361

5. Modify the Town Council Meeting Schedule for Fiscal Year 2024/2025 to Cancel the Regular Council Meeting of November 5, 2024.

6. Adopt a Resolution Rescinding Resolution 2022-057 and Amending the Appendices to the Town Conflict of Interest Code Section 2.30.610. RESOLUTION 2024-046

7. Appoint Vice Mayor Matthew Hudes as the Town’s Voting Delegate for the League of California Cities Annual Conference scheduled for October 16 – 18 in Long Beach.

8. Authorize the Town Manager to Negotiate and Execute an Agreement with the County of Santa Clara to Provide Unhoused Engagement Services in an Amount Not to Exceed $92,777 of Grant Funds and Authorize an Expenditure and Revenue Budget Adjustment in the Amount of $92,777 to Receive and Use County Grant Funding ($42,777 FY 2023/24 Carryforward Grant and $50,000 FY 2024/25 Grant).

9. Authorize the Town Manager to Execute an Agreement with Rotary Club of Los Gatos for Acceptance of a Gift of an “Oak Grove” at Live Oak Manor Park.

10. Approve the Revised Temporary Classifications Salary Schedules for FY 2024/25, FY 2025/26, and FY 2026/27.

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ITEM NO. 3.

PAGE 2 OF 4
SUBJECT: Draft Minutes of the Town Council Meeting of September 3, 2024 DATE: September 3, 2024
Mayor Badame opened public comment.

No one spoke.

Mayor Badame closed public comment.

Item 9 was continued as stated in the Desk Item.

MOTION: Motion by Council Member Ristow to approve consent items 1 through 8, and 10.

Seconded by Council Member Moore.

VOTE: Motion passed unanimously.

VERBAL COMMUNICATIONS
Gus
- Read a passage from a book, provided information on the World Cup, and commented on the Police Department being understaffed.

Joe Enz, Friends of the Los Gatos Creek
- Provided positive comments for the Parking Control Officer Dimiceli and Officer Demont, Officer Frizzel, and Town Manager Laurel Prevetti.

Walker Peirce Percy, Veteran’s Memorial Support Foundation - Stated the Veterans Memorial Support Foundation will host a 9- 11 event at the Flame of Liberty Memorial from 8-9 a.m.

COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Vice Mayor Hudes participated in the Community Health and Senior Services Commission meeting, the Council Policy Committee meeting, and participated in meetings concerning the efforts to get a new Community Center.
- Council Member Rennie stated he met with residents concerned about a Builders Remedy project and met with a developer on a non-Builder’s Remedy project. - Mayor Badame stated met with the Executive Director of KCAT regarding several topics including Oktoberfest which is scheduled on September 29 from 12 p.m. to 6 p.m. at the Civic Center lawn; met with the Executive Director of the Los Gatos Education Foundation; participated in a Ribbon Cutting event for KPCR 92.9 FM Pirate Cat Radio.

Town Manager Matters
- Town Manager Prevetti announced that Screen on the Green will be held on September 20th at Oak Meadow starting at 6:15 p.m. with a short film. The feature film, Disney’s Wish, begins at 7:15 p.m. and invited all to join.

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ITEM NO. 3.

PAGE 3 OF 4
SUBJECT: Draft Minutes of the Town Council Meeting of September 3, 2024 DATE: September 3, 2024

CLOSED SESSION REPORT
Gabreille Whelan, Town Attorney, stated the Town Council met in closed session pursuant to Government Code Section 54956.9 to discuss anticipated litigation and there was no reportable action.

OTHER BUSINESS

11. Recognize Outgoing Town Manager Laurel Prevetti.

Mayor Badame presented Town Manager Laurel Prevetti with a Commendation from the Town of Los Gatos, a Commendation from the County Board of Supervisors. Representatives from Senator Pellegrin’s Office and Senator Cortese’s Office presented a Resolution to Town Manager Laurel Prevetti. Mayor Badame presented Town Manager Laurel Prevetti with a key to the Town.

Mayor Badame opened public comment.

Alex Kobayashi,State Senator Josh Becker’s Office
- Commended outgoing Town Manager Prevetti for her service.

Arn Andrews
- Commended outgoing Town Manager Prevetti for her service.

Karen Briones
- Commended outgoing Town Manager Prevetti for her service.

Gus
- Commended outgoing Town Manager Prevetti for her service.

Dave Cortese, Senator District 15
- Commended outgoing Town Manager Prevetti for her service.

Mike Wasserman, former County of Santa Clara Board Supervisor and former Los Gatos Mayor. - Commended outgoing Town Manager Prevetti for her service.

Marcia Jensen, former Los Gatos Mayor and Marico Sayco, former Los Gatos Mayor - Commended outgoing Town Manager Prevetti for her service.

Jan Schwartz and Kimberely Schnider, NUMU
- Commended outgoing Town Manager Prevetti for her service.

Jo Greiner, St. Luke’s Episcopal Church
- Commended outgoing Town Manager Prevetti for her service.

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ITEM NO. 3.

PAGE 4 OF 4
SUBJECT: Draft Minutes of the Town Council Meeting of September 3, 2024 DATE: September 3, 2024
Matt Morley
- Commended outgoing Town Manager Prevetti for her service.

Lee Fagot
- Commended outgoing Town Manager Prevetti for her service.

Jennifer Lin, Chief Executive Officer of the Los Gatos Chamber of Commerce - Commended outgoing Town Manager Prevetti for her service.

Mayor Badame closed public comment.

Council Members spoke and commended outgoing Town Manager Prevetti for her service.

Town Manager Laurel Prevetti spoke and thanked everyone for their generosity and kind words.

ADJOURNMENT
The meeting adjourned at 8:12 p.m.

Respectfully Submitted:
_____________________________________
Keara Johnson, Deputy Town Clerk

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ITEM NO. 3.

PREPARED BY: Eric Lemon
Finance and Accounting Manager
Reviewed by: Interim 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: 09/17/2024
ITEM NO: 4
DATE: September 10, 2024
TO: Mayor and Town Council
FROM: Katy Nomura, Interim Town Manager
SUBJECT: Receive the Monthly Financial and Investment Report for July 2024 RECOMMENDATION:

Receive the Monthly Financial and Investment Report for July 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 July 2024 Monthly Financial and Investment Report which fulfills this requirement.

The July 2024 Monthly Financial and Investment Report was received by the Finance Commission at its September 9, 2024 meeting.

DISCUSSION:

The July 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.

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ITEM NO. 4.

PAGE 2 OF 3
SUBJECT: Monthly Financial and Investment Report for July 2024 DATE: September 10, 2024
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 July 31, 2024, the Town’s financial position (Assets $89.47M, Liabilities $31.89M, and Fund Equity $57.58M) remains strong and the Town has sufficient funds to meet the cash demands for the next six months.

As of July 31, 2024, the Town’s weighted portfolio yield for investments under management was 4.46% which was 6 basis points below the Local Agency Investment Fund (LAIF) yield of

4.52% for the same reporting period. As of June 30, 2024, the LAIF portfolio’s weighted average maturity (WAM) is 217 days versus the Town’s longer July 31, 2024 WAM of 673 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 4.46% at the close of July was 1 basis point higher when compared to the prior month’s return of 4.45% reported as of June 30, 2024.

Since July 2023, LAIF yields had climbed from 331 basis points (3.31%) to 452 basis points (4.52%) through the end of July 2024.

Staff, in coordination with the Town’s investment advisor, primarily replaced maturing investments with long term maturities in the one-to-two-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 expected to achieve and the central bank is prepared to keep rates unchanged as long as appropriate.

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ITEM NO. 4.

PAGE 3 OF 3
SUBJECT: Monthly Financial and Investment Report for July 2024 DATE: September 10, 2024
The labor market remained relatively robust. The unemployment rate increased slightly from 4% to 4.1% remaining historically low. Meanwhile, wage growth fell from 4.1% to 3.9%.

The Town's investments are in compliance with the Town's Investment Policy dated February 21, 2023, and also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.

CONCLUSION:

Receive Monthly Financial and Investment Report for July 2024.

Attachments:

1. Financial and Investment Report (July 2024)

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ITEM NO. 4.

Weighted Average YTM Portfolio Yield on Investments
under Management 4.46%
Weighted Average Maturity (days) 673
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $72,350,241 $81,368,410 $71,462,894 Managed Investments $49,892,459
Local Agency Investment Fund $16,702,446
Reconciled Demand Deposit Balances $5,755,337
Portfolio Allocation & Treasurer's Cash Balances $72,350,241 Benchmarks/ References:

Town's Average Yield 4.46% 4.45% 3.53%
LAIF Yield for month 4.52% 4.48% 3.31%
3 mo. Treasury 5.29% 5.36% 5.42%
6 mo. Treasury 5.09% 5.33% 5.47%
2 yr. Treasury 4.26% 4.75% 4.88%
5 yr. Treasury (most recent) 3.91% 4.38% 4.18%
10 Yr. Treasury 4.03% 4.40% 3.96%
Town of Los Gatos
Summary Investment Information
July 31, 2024
0 - 1 year
36%
1 - 2 years
20%
2 - 3 years
18%
3 - 5 years
26%
Portfolio Maturity Profile
Compliance: The Town's investments are in compliance with the Town's investment policy dated February 21, 2023, and also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.

ATTACHMENT 1

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ITEM NO. 4.

Month YTD
Cash & Investment Balances - Beginning of Month/Period $ 81,368,409.88 $ 81,368,409.88 Receipts 3,843,628.10 3,843,628.10
Disbursements (12,861,796.74) (12,861,796.74)
Cash & Investm Cash & Investment Balances - End of Month/Period $72,350,241.24 $72,350,241.24 Portfolio Allocation Amount % of Portfolio
Max. % or $ Allowed
per State Law or Policy
BNY MM $232,771.24 0.35% 20% of Town Portfolio
US Treasury Notes $20,054,713.77 30.11% No Max. on US Treasuries Government Agency Debenture Notes $15,913,075.60 23.90% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $13,691,898.00 20.56% 30% of Town Portfolio Local Agency Investment Fund $16,702,445.78 25.08% $75 M per State Law Subtotal - InSubtotal - Investments 66,594,904.39 100.00% Reconciled Demand Deposit Balances 5,755,336.85
Total Portfolio Allocation & Treasurer's Cash Balances $72,350,241.24

0.0401

0.0388
Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
July 31, 2024
BNY MM

0.35%
US Treasury Notes

30.11%
Government Agency Debenture
Notes

23.90%
Corporate Medium Term Bonds

20.56%
Local Agency Investment Fund

25.08%
Portfolio Investment Allocation
$71.5 M $72.4 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
Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Treasurer's Fund Balances
2

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ITEM NO. 4.

July 2024 July 2024 July 2024
Beginning Deposits Interest/ Ending
Balance Realized Gain/Adj. Earnings Withdrawals Balance Non-Treasury Funds:

Cert. of Participation 2002 Ser A Reserve Fund $ 700,282.13 $ - $ 2,750.02 $ - $ 703,032.15 Note 1 Cert. of Participation 2010 Ser Lease Payment Fund 102.07 1,134,060.43 0.36 - 1,134,162.86 Note 2 Cert. of Participation 2002 Ser A Lease Payment Fund 29,656.86 545,843.14 116.43 - 575,616.43 Note 1 Cert. of Participation 2010 Ser Reserve Fund 1,388,894.83 - 5,903.87 - 1,394,798.70 Note 2 Total Restricted Funds: $ 2,118,935.89 $ 1,679,903.57 $ 8,770.68 $ - $ 3,807,610.14 CEPPT IRS Section 115 Trust 2,188,658.95 - 55,797.70 - $ 2,244,456.65 Note 3 Grand Total COP's and CEPPT Trust $ 4,307,594.84 $ 1,679,903.57 $ 64,568.38 $ - $ 6,052,066.79 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 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
July 31, 2024
3

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ITEM NO. 4.

July 2024 $ 247,221.75
August 2024 $ -
September 2024 $ -
October 2024 $ -
November 2024 $ -
December 2024 $ -
January 2025 $ -
February 2025 $ -
March 2025 $ -
April 2025 $ -
May 2025 $ -
June 2025 $ -
$ 247,221.75
Town of Los Gatos
Statement of Interest Earned
July 31, 2024
4

Page 18 ends

ITEM NO. 4.

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) 1,244,477.00 15,886.00 6/21/2027 4.19% $ 46,287.22 $ 81,871.88 $ 4,548.44 1055 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 (8,040.00) 973,170.00 (18,790.00) 1/1/2026 3.04% $ 49,750.00 $ 61,696.52 $ 2,747.98 519 US Treasury 912828ZW3 US Treasury Note 0.25% 8/9/2022 350,000.00 322,096.88 (27,903.12) 335,888.00 13,791.12 6/30/2025 3.16% $ 1,654.89 $ 19,915.08 $ 893.44 334 FFCB 3133EN5V8 Gov. Agency Debenture 4.13% 1/17/2023 236,000.00 239,174.20 3,174.20 235,454.84 (3,719.36) 1/11/2027 3.76% $ 14,440.25 $ 12,979.52 $ 759.18 894 US Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 (87,434.82) 752,656.00 40,090.82 3/31/2026 4.14% $ 9,000.00 $ 54,221.52 $ 2,630.46 608 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 939.60 895,905.00 (5,034.60) 9/30/2025 4.14% $ 57,375.00 $ 66,415.88 $ 3,222.05 426 JP Morgan Chase 46625HRS1 Corporate Bond 3.20% 9/23/2022 500,000.00 474,660.00 (25,340.00) 485,645.00 10,985.00 3/15/2026 4.70% $ 27,644.44 $ 41,217.45 $ 1,977.93 592 Honeywell Int'l. 438516BW5 Corporate Bond 2.30% 11/20/2019 1,000,000.00 1,014,660.00 14,660.00 998,730.00 (15,930.00) 8/15/2024 1.64% $ 96,983.33 $ 91,844.87 $ 1,690.73 15 FFCB 3133EKQA7 Gov. Agency Debenture 2.08% 10/21/2019 1,000,000.00 1,019,780.00 19,780.00 996,150.00 (23,630.00) 9/10/2024 1.66% $ 91,231.11 $ 78,691.92 $ 1,423.25 41 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 (97,047.60) 1,146,228.00 43,275.60 8/25/2025 3.04% $ 7,687.50 $ 71,445.55 $ 2,949.15 390 US Treasury 912828ZL7 US Treasury Note 0.38% 4/12/2022 1,700,000.00 1,583,927.57 (116,072.43) 1,643,526.00 59,598.43 4/30/2025 2.72% $ 13,066.99 $ 98,544.63 $ 3,771.46 273 FHLB 3130AQF65 Gov. Agency Debenture 1.25% 11/30/2022 1,300,000.00 1,160,559.40 (139,440.60) 1,212,848.00 52,288.60 12/21/2026 4.15% $ 25,322.92 $ 80,116.59 $ 4,296.91 873 FHLB 3130APJH9 Gov. Agency Debenture 1.00% 1/17/2023 1,000,000.00 907,010.00 (92,990.00) 944,260.00 37,250.00 10/28/2026 4.17% $ 13,354.17 $ 50,234.10 $ 2,938.22 819 FFCB 3133EN5N6 Gov. Agency Debenture 4.00% 2/8/2023 1,700,000.00 1,706,732.00 6,732.00 1,694,458.00 (12,274.00) 1/6/2028 3.91% $ 95,955.56 $ 92,733.76 $ 5,658.95 1254 Freddie Mac 3137EAEX3 Gov. Agency Debenture 0.38% 5/1/2023 750,000.00 689,032.50 (60,967.50) 713,895.00 24,862.50 9/23/2025 3.97% $ 2,515.62 $ 32,931.11 $ 2,396.40 419 American Honda 02665WED9 Corporate Bond 4.70% 5/11/2023 600,000.00 608,856.00 8,856.00 601,434.00 (7,422.00) 1/12/2028 4.34% $ 32,978.33 $ 29,982.05 $ 2,234.24 1260 US Treasury 91282CEF4 US Treasury Note 2.50% 6/9/2023 1,500,000.00 1,416,626.12 (83,373.88) 1,437,540.00 20,913.88 3/31/2027 4.09% $ 30,327.87 $ 62,956.31 $ 5,043.01 973 US Treasury 91282CGA3 US Treasury Note 4.00% 6/20/2023 2,100,000.00 2,080,558.59 (19,441.41) 2,083,599.00 3,040.41 12/15/2025 4.40% $ 82,852.46 $ 94,573.28 $ 7,797.26 502 Colgate-Palmolive 194162AR4 Corporate Bond 4.60% 7/14/2023 500,000.00 504,655.00 4,655.00 504,605.00 (50.00) 2/1/2028 4.37% $ 14,502.79 $ 21,195.52 $ 1,866.65 1280 FannieMae 3135G06G3 Gov. Agency Debenture 0.50% 7/14/2023 500,000.00 455,157.00 (44,843.00) 474,545.00 19,388.00 11/7/2025 4.63% $ 2,034.72 $ 21,047.01 $ 1,853.57 464 FFCB 3133EPQC2 Gov. Agency Debenture 4.63% 7/17/2023 500,000.00 501,957.50 1,957.50 502,040.00 82.50 7/17/2026 4.48% $ 23,125.00 $ 21,487.97 $ 1,908.67 716 FFCB 3133EPBM6 Gov. Agency Debenture 4.13% 7/14/2023 600,000.00 596,220.00 (3,780.00) 598,716.00 2,496.00 8/23/2027 4.29% $ 15,056.25 $ 24,754.94 $ 2,180.12 1118 PNC Bank 69353RFJ2 Corporate Bond 3.25% 7/25/2023 1,000,000.00 921,490.00 (78,510.00) 948,450.00 26,960.00 12/23/2027 5.23% $ 32,229.17 $ 46,970.90 $ 4,270.08 1240 US Treasury 91282CFU0 US Treasury Note 4.13% 7/31/2023 1,300,000.00 1,290,660.60 (9,339.40) 1,300,455.00 9,794.40 10/31/2027 4.31% $ 40,218.75 $ 51,232.08 $ 4,740.88 1187 Toyota Motor Credit 89236TKL8 Corporate Bond 5.45% 8/25/2023 1,600,000.00 1,617,168.00 17,168.00 1,641,824.00 24,656.00 11/10/2027 5.16% $ 61,766.67 $ 70,599.88 $ 7,059.99 1197 US Treasury 912810FE3 US Treasury Note 5.50% 10/3/2023 1,200,000.00 1,238,207.14 38,207.14 1,269,840.00 31,632.86 8/15/2028 4.76% $ 24,211.96 $ 43,179.27 $ 4,939.33 1476 Pepsico Inc 713448DF2 Corporate Bond 2.85% 10/16/2023 1,000,000.00 947,570.00 (52,430.00) 973,130.00 25,560.00 11/24/2025 5.24% $ 10,133.33 $ 37,712.66 $ 4,531.37 481 FFCB 3133EPUW3 Gov. Agency Debenture 4.75% 10/13/2023 1,000,000.00 994,338.00 (5,662.00) 1,007,440.00 13,102.00 9/1/2026 4.96% $ 18,208.33 $ 35,367.82 $ 4,200.78 762 Freddie Mac 3137EAEP0 Gov. Agency Debenture 1.50% 10/13/2023 1,000,000.00 951,540.00 (48,460.00) 981,320.00 29,780.00 2/12/2025 5.32% $ 4,958.33 $ 36,644.18 $ 4,352.37 196 US Treasury 91282CEW7 US Treasury Note 3.25% 10/16/2023 1,000,000.00 950,039.06 (49,960.94) 975,820.00 25,780.94 6/30/2027 4.73% $ 22,961.96 $ 32,499.52 $ 3,904.98 1064 US Treasury 91282CEN7 US Treasury Note 2.75% 10/31/2023 1,300,000.00 1,214,336.39 (85,663.61) 1,252,160.00 37,823.61 4/30/2027 4.82% $ 17,875.00 $ 40,101.59 $ 5,115.84 1003 US Treasury 912828YV6 US Treasury Note 1.50% 11/15/2023 700,000.00 673,667.97 (26,332.03) 691,327.00 17,659.03 11/30/2024 5.26% $ 5,680.33 $ 22,316.65 $ 3,034.28 122 US Treasury 91282CAB7 US Treasury Note 0.25% 11/15/2023 675,000.00 623,900.39 (51,099.61) 645,664.50 21,764.11 7/31/2025 4.92% $ 1,196.84 $ 19,725.12 $ 2,681.92 365 US Treasury 91282CGU9 US Treasury Note 3.88% 11/30/2023 1,000,000.00 983,515.62 (16,484.38) 992,890.00 9,374.38 3/31/2025 5.17% $ 12,916.67 $ 29,822.81 $ 4,340.41 243 US Treasury 91282CCH2 US Treasury Note 1.25% 12/21/2023 900,000.00 798,647.55 (101,352.45) 809,154.00 10,506.45 6/30/2028 3.99% $ 5,930.71 $ 17,690.14 $ 2,856.22 1430 FNMA 3135G0Q22 Gov. Agency Debenture 1.88% 12/21/2023 900,000.00 845,676.00 (54,324.00) 854,685.00 9,009.00 9/24/2026 4.22% $ 4,359.38 $ 19,224.14 $ 3,103.90 785 US Treasury 91282CFB2 US Treasury Note 2.75% 1/2/2024 1,000,000.00 960,354.91 (39,645.09) 960,900.00 545.09 7/31/2027 3.95% $ 15,917.12 $ 19,025.75 $ 3,276.66 1095 US Treasury 91282CHE4 US Treasury Note 3.63% 1/17/2024 1,800,000.00 1,775,185.72 (24,814.28) 1,772,298.00 (2,887.72) 5/31/2028 3.97% $ 24,067.63 $ 32,061.96 $ 6,023.76 1400 JP Morgan Chase 46647PDG8 Corporate Bond 4.85% 2/1/2024 1,400,000.00 1,396,528.00 (3,472.00) 1,399,202.00 2,674.00 7/25/2027 4.93% $ 32,825.10 $ 28,319.94 $ 5,852.79 1089 US Bancorp 91159HJF8 Corporate Bond 4.55% 2/5/2024 1,000,000.00 989,200.00 (10,800.00) 988,060.00 (1,140.00) 7/22/2027 4.89% $ 21,097.67 $ 19,440.46 $ 4,127.77 1086 Treasury 91282CHB0 US Treasury Note 3.63% 2/23/2024 1,175,000.00 1,151,962.92 (23,037.08) 1,159,031.75 7,068.83 5/15/2026 4.56% $ 9,595.30 $ 18,568.45 $ 4,497.05 653 FHLB 3130AXB31 Gov. Agency Debenture 4.88% 2/27/2024 1,000,000.00 1,003,060.00 3,060.00 1,005,890.00 2,830.00 3/13/2026 4.72% $ 2,979.17 $ 16,052.33 $ 4,013.08 590 FFCB 3133EP5U5 Gov. Agency Debenture 4.13% 3/28/2024 1,700,000.00 1,687,981.00 (12,019.00) 1,705,440.00 17,459.00 1,558.33 3/20/2029 4.28% $ (1,558.33) $ 18,681.03 $ 6,160.77 1693 US Treasury 9128285M8 US Treasury Note 3.13% 4/30/2024 1,200,000.00 1,123,832.14 (76,167.86) 1,156,692.00 32,859.86 11/15/2028 4.69% $ 1,545.34 $ 9,066.06 $ 4,607.34 1568 Cisco Systems 17275RBR2 Corporate Bond 4.85% 5/15/2024 1,000,000.00 999,130.00 (870.00) 1,015,590.00 16,460.00 10,643.06 1/26/2029 4.87% $ (10,643.06) $ 6,135.64 $ 4,134.89 1640 Home Depot 437076CW0 Corporate Bond 4.90% 5/17/2024 1,000,000.00 1,001,790.00 1,790.00 1,016,470.00 14,680.00 4,355.56 3/15/2029 4.86% $ (4,355.56) $ 5,862.18 $ 4,130.17 1688 Treasury 91282CJR3 US Treasury Note 3.75% 5/31/2024 1,200,000.00 1,154,629.02 (45,370.98) 1,186,452.00 31,822.98 12/31/2028 4.68% $ 3,708.79 $ 4,511.24 $ 4,661.62 1614 American Honda 02665WEY3 Corporate Bond 4.95% 6/27/2024 1,000,000.00 995,640.00 (4,360.00) 1,000,980.00 5,340.00 1/9/2026 5.25% $ 1,787.50 $ 430.16 $ 4,445.04 527 FHLB 3130B1BT3 Gov. Agency Debenture 4.88% 7/2/2024 1,150,000.00 1,150,966.00 966.00 1,159,292.00 8,326.00 8,720.83 6/12/2026 4.82% $ (8,720.83) $ - $ 4,414.82 681 Subtotal $ 51,236,000.00 $ 49,659,687.37 $ (1,576,312.63) $ 50,346,227.09 $ 686,539.72 $ 25,277.78 $ 1,104,039.69 $ 1,892,099.45 $ 184,266.18 BNY MM Money Market 232,771.24 232,771.24 0.00 0.00% 1
LAIF State Investment Pool 16,702,445.78 16,640,914.67 (61,531.11) 4.52% 62,856.87 1 66,594,904.39 $67,219,913.00 $625,008.61 $25,277.78 $ 1,104,039.69 $ 1,892,099.45 $ 247,123.05 Matured Assets
FNMA 3135G0V75 Gov. Agency Debenture 1.75% 10/17/2019 1,100,000.00 1,105,833.30 5,833.30 7/2/2024 1.63% $ 90,956.25 $ 84,780.33 $ 98.70 Total Investments "Matured" $ 98.70
Total Interest FY 24_25 Matured and Current $ 247,221.75 Maturity Profile Amount Percent
0-1 year $ 24,108,305.45 36%
1-2 years $13,158,981.69 20%
2-3 years $12,302,433.08 18%
3-5 years $ 17,025,184.17 26%
$66,594,904.39 100%
Town of Los Gatos
Investment Schedule
July 31, 2024
5

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ITEM NO. 4.

Date Cusip/Id Description Transaction Type
Settlement
Date Par Coupon Maturity Date Price Principal Interest
Transaction
Total
7/2/2024 3130B1BT3
FEDERAL HOME LOAN BANK 4.875%
12JUN2026 PURCHASE 7/2/2024 1,150,000.00 4.875% 6/12/2026 100.08 1,150,966.00 8,720.83 1,159,686.83 7/2/2024 3135G0V75 FANNIE MAE 1.75% 02JUL2024 BOND INTEREST 7/2/2024 1,100,000 1.750% 7/2/2024 - - 9,625.00 9,625.00 7/2/2024 3135G0V75 FANNIE MAE 1.75% 02JUL2024 REDEMPTION 7/2/2024 1,100,000 1.750% 7/2/2024 100.00 1,100,000.00 - 1,100,000.00 7/2/2024 Cash-USD Cash-USD

SHORT TERM INVESTMENT
FUND INCOME 7/2/2024 147.2 0.000% 100.00 - - 147.20
7/8/2024 3133EN5N6 FEDERAL FARM CREDIT BANK 4% 06JAN2028 BOND INTEREST 7/6/2024 1,700,000 4.000% 1/6/2028 - - 34,000.00 34,000.00 7/9/2024 02665WEY3
AMERICAN HONDA FINANCE 4.95%
09JAN2026 BOND INTEREST 7/9/2024 1,000,000 4.950% 1/9/2026 - - 24,612.50 24,612.50 7/11/2024 3133EN5V8
FEDERAL FARM CREDIT BANK 4.125%
11JAN2027 BOND INTEREST 7/11/2024 236,000 4.125% 1/11/2027 - - 4,867.50 4,867.50 7/12/2024 02665WED9 AMERICAN HONDA FINANCE 4.7% 12JAN2028 BOND INTEREST 7/12/2024 600,000 4.700% 1/12/2028 - - 14,100.00 14,100.00 7/17/2024 3133EPQC2
FEDERAL FARM CREDIT BANK 4.625%
17JUL2026 BOND INTEREST 7/17/2024 500,000 4.625% 7/17/2026 - - 11,562.50 11,562.50 7/22/2024 91159HJF8
US BANCORP 4.548% 22JUL2028 (CALLABLE
22JUL27) BOND INTEREST 7/22/2024 1,000,000 4.548% 7/22/2028 - - 22,740.00 22,740.00 7/22/2024 69353RFJ2
PNC BANK NA 3.25% 22JAN2028 (CALLABLE
23DEC27) BOND INTEREST 7/22/2024 1,000,000 3.250% 1/22/2028 - - 16,250.00 16,250.00 7/25/2024 46647PDG8
JPMORGAN CHASE & CO 4.851% 25JUL2028
(CALLABLE 25JUL27) BOND INTEREST 7/25/2024 1,400,000 4.851% 7/25/2028 - - 33,957.00 33,957.00 7/31/2024 91282CAB7 USA TREASURY 0.25% 31JUL2025 BOND INTEREST 7/31/2024 675,000 0.250% 7/31/2025 - - 843.75 843.75 7/31/2024 91282CFB2 USA TREASURY 2.75% 31JUL2027 BOND INTEREST 7/31/2024 1,000,000 2.750% 7/31/2027 - - 13,750.00 13,750.00 Town of Los Gatos
Investment Transaction Detail
July 31, 2024
6

Page 20 ends

ITEM NO. 4.

Security Description Maturity Date Par/Shares S&P Rating Moody Rating Insight ESG Rating Environment Social Governance HONEYWELL INTERNATIONAL 2.3% 15AUG2024 (CALLABLE 15JUL24) 8/15/2024 $ 1,000,000 A A2 4 3 4 4 AMERICAN HONDA FINANCE 4.95% 09JAN2026 1/9/2026 $ 1,000,000 A- A3 3 3 3 3 PEPSICO INC 2.85% 24FEB2026 (CALLABLE 24NOV25) 46077 $ 1,000,000 A+ A1 2 2 2 2 HOME DEPOT INC. 3% 01APR2026 (CALLABLE 01JAN2026) 46113 $ 1,000,000 A A2 3 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 3 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 3 3 3 US BANCORP 4.548% 22JUL2028 (CALLABLE 22JUL27) 7/222028 $ 1,000,000 A A3 4 3 4 4 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 3 HOME DEPOT INC. 4.9% 15APR2029 (CALLABLE 15MAR2029) 4/15/2029 $ 1,000,000 A A2 3 3 2 3 Total/Average $ 13,900,000 3.1 2.2 3.0 3.4
*ESG ratings are from 1 to 5, with 1 as the highest rating and 5 as the lowest. All ratings are weighted by industry rankings, based on the importance of the category within the individual industry.

Town of Los Gatos
Insight ESG Ratings as of July 31, 2024
7

Page 21 ends

ITEM NO. 4.

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) 3,651,089 470,646 (2,787,393) - - 1,334,342 General Fund Total 33,179,393 470,646 (2,787,393) - - 30,862,646 * Interfund transfers and ARPA funding allocation to be performed as part of the fiscal year end closing entries.

July 2024
Prior Year
Carryforward
7/1/2024*
Estimated Fund
Balance
7/31/2024*
8

Page 22 ends

ITEM NO. 4.

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) 737,192 - (14,298) - - 722,894 231-236 Landscape & Lighting Districts 181,204 219 - - - 181,423 251 Los Gatos Theatre 119,446 9,922 - - - 129,368
711-716 Library Trusts 580,447 (8,750) (2,866) - - 568,831 Special Revenue Total 1,784,942 1,391 (17,164) - - 1,769,169

CAPITAL PROJECTS
411 GFAR - General Fund Appropriated Reserve 19,155,188 26,247 (2,205) - - 19,179,230 412 Community Center Development 866,281 - - - - 866,281 421 Grant Funded Projects (2,875,096) 1,403,796 - - - (1,471,300) 461-463 Storm Basin Projects 3,414,935 853 - - - 3,415,788 471 Traffic Mitigation Projects 431,079 - - - - 431,079 472 Utility Undergrounding Projects 3,463,834 - - - - 3,463,834 481 Gas Tax Projects 1,907,003 (81,090) - - - 1,825,913 Capital Projects Total 26,363,224 1,349,806 (2,205) - - 27,710,825

INTERNAL SERVICE FUNDS
611 Town General Liability (730,197) - - - - (730,197)
612 Workers Compensation (174,089) 20,883 (477,021) - - (630,227) 621 Information Technology 2,553,540 6,341 (351,184) - - 2,208,697 631 Vehicle & Equipment Replacement 3,286,552 - (54,492) - - 3,232,060 633 Facility Maintenance 1,015,683 2,083 (14,925) - - 1,002,841 Internal Service Funds Total 5,951,489 29,307 (897,622) - - 5,083,174 Trust/Agency
942 RDA Successor Agency (6,135,628) - (1,711,514) - - (7,847,142) Trust/Agency Fund Total (6,135,628) - (1,711,514) - - (7,847,142) Total Town 61,143,420 1,851,150 (5,415,898) - - 57,578,672 * 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 $727,895.88 111-23521 BMP Housing deposit account balance $4,021,280.60 Prior Year
Carryforward
7/1/2024*
July 2024 Estimated Fund
Balance
7/31/2024*
9

Page 23 ends

ITEM NO. 4.

PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Interim Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 09/17/2024
ITEM NO: 5
DATE: August 29, 2024
TO: Mayor and Town Council
FROM: Katy Nomura, Interim Town Manager
SUBJECT: Authorize the Interim Town Manager to Execute an Agreement with Rotary Club of Los Gatos for Acceptance of a Gift of an “Oak Grove” at Live Oak Manor Park
RECOMMENDATION:

Authorize the Interim Town Manager to execute an Agreement (Attachment 1) with Rotary Club of Los Gatos for acceptance of a gift of an “Oak Grove” at Live Oak Manor Park.

BACKGROUND:

Rotary Club of Los Gatos (Rotary) contacted staff in early 2024 and proposed a donation to the Town to celebrate their centennial. On June 18, 2024, Town Council received a presentation from Los Gatos Rotary and their consultant regarding the concept design for the donation.

Town Council voted unanimously to accept the donation.

DISCUSSION:

Town staff has worked with Rotary to develop an agreement to allow for the donation to be constructed on Town property. The agreement addresses requirements for insurance and the parameters for the donated work. Rotary has continued to move forward with development of their project plans.

Exhibit A of the agreement in Attachment 1 contains project plans as of August 14, 2024. These plans are in draft form, representing the full scope of construction to be performed. Staff will continue to work with Rotary representatives to finalize the plans.

Exhibit B of the agreement in Attachment 1 is a fundraising plan provided by Rotary Los Gatos.

The exhibit outlines those project elements for which Rotary will solicit donations, the dollar values of the project elements, and the method by which the donor will be honored.

Page 24 ends

ITEM NO. 5.

PAGE 2 OF 2
SUBJECT: Authorize Town Manager to Execute an Agreement with Los Gatos Rotary Charities Foundation
DATE: August 29, 2024
CONCLUSION:

Authorizing the Town Manager to enter this agreement would allow Rotary Los Gatos to move forward with fundraising while continuing to work with staff to finalize the project plans.

COORDINATION:

This report was coordinated with the Town Manager’s Office, the Town Attorney, and Finance Director.

FISCAL IMPACT:

Rotary is proposing to donate the materials and labor required to construct the project. Staff time to support the construction project and its ongoing maintenance will be via the Town’s Operating Budget.

ENVIRONMENTAL ASSESSMENT:

This is a project as defined under CEQA but is Categorically Exempt (Section 15304). A Notice of Exemption will be filed.

Attachment:

1. Agreement with Rotary, including Exhibits A and B

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Page 36 ends

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Page 37 ends

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Page 41 ends

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Page 42 ends

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Page 46 ends

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Page 48 ends

ITEM NO. 5.

EXHIBIT B TO ATTACHMENT 1

EXHIBIT B

ROTARY TREE GROVE DONATON LEVELS
Mature Oak Tree at center of Grove (1) $5,000
x Name on largest sized paver in front of center tree.

Other Oak Trees $1,500
x Name on second largest paver.

Bench (5 available) $3,000
x 10 year donation; After 10 years bench will be replaced as Town deems necessary.

Replacement will be requested by Rotary to Parks and Public Works. Replacement will follow Town practice in place at time of replacement.
x Name on plaque on bench
Pavers (depending on size) $300, $500, $800
x Name on the paver
x Pavers will remain in place for life of paver. Replacement will be requested by Rotary to Parks and Public Works. Replacement will follow Town practice in place at time of replacement.

Rotary would open donations to all of club members, other service clubs and then to the community at large including the neighbors to the grove. Rotary would also be open to businesses being sponsors, as well. The approval of sponsors would be at the discretion of Rotary Centennial Committee. We do not foresee declining any but would want that option.

Town reserves the right to decline placement of the names of any business or any personal messaging from donors that it deems to be immoral, unethical or in conflict with the values of the Town.

Page 49 ends

ITEM NO. 5.

PREPARED BY: Clinton Tada
Support Services Captain
Reviewed by: Interim Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 09/17/2024
ITEM NO: 6
DATE: September 3, 2024
TO: Mayor and Town Council
FROM: Katy Nomura, Interim Town Manager
SUBJECT: Appoint Mayor Mary Badame as the Town’s “Director” Representative to the Silicon Valley Animal Control Authority (SVACA) Joint Powers Authority Board; and Appoint Councilmember Rob Moore as the Town’s “Alternate Director” Director Representative
RECOMMENDATION:

Appoint Mayor Mary Badame as the Town’s “Director” Representative to the Silicon Valley Animal Control Authority (SVACA) Joint Powers Authority Board; and appoint Councilmember Rob Moore as the Town’s “Alternate Director” Representative.

REMARKS:

On June 4, 2024, Town Council unanimously voted to execute an agreement for animal services with the Silicon Valley Animal Control Authority (SVACA) and to become a participating member agency of the SVACA Joint Powers Authority Board (JPA). As a participating member agency of the SVACA JPA, each participating agency is required to appoint a “Director” and “Alternate Director” from their local legislative body to serve as voting board member representatives.

Member agencies of SVACA JPA include the City of Campbell, City of Monte Sereno, City of Santa Clara, City of Mountain View, and the Town of Los Gatos.

Attached is the revised 2024 SVACA Joint Exercise of Powers Authority Board Agreement (Attachment #1) which outlines the purpose, authority, and responsibilities of members.

Consistent with past practice and mayoral authority, the recommendation for the appointment of JPA member representatives from the Town Council is made by the Town’s Mayor.

The Mayor is recommending an appointment of herself as the Town of Los Gatos SVACA JPA “Director” representative and an appointment of Councilmember Rob Moore as the Town of Los Gatos SVACA JPA “Alternate Director” representative. While the Mayor has the authority to make recommendations for appointments, the Council is required to vote to approve them.

Page 50 ends

ITEM NO. 6.

PAGE 2 OF 2
SUBJECT: Appoint Mayor Mary Badame as the “Director” Representative and Councilmember Rob Moore as the “Alternate Director” Representative to the Silicon Valley Animal Control Authority Joint Powers Authority Board DATE: September 4, 2024
FISCAL IMPACT:

This action does not have a fiscal impact.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. SVACA Joint Exercise of Powers Authority Agreement – Revised Animal Services Agreement

Page 51 ends

ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 1 of 22 Approved by the SVACA Board of Directors on May 22, 2024

REVISED THIRD RESTATED AND AMENDED

JOINT EXERCISE OF POWERS AGREEMENT FOR

THE SILICON VALLEY ANIMAL CONTROL AUTHORITY
THIS AGREEMENT is made and entered into as of the Effective Date (set forth in Section 2.3) by and among the Member Agencies (defined in Section 1.12 below) signatory hereto, each of which is a public entity duly organized and existing under the Constitution and other laws of the State of California.

WHEREAS, on March 22, 2012, the original member agencies consisting of the Cities of Santa Clara, Campbell, and Monte Sereno approved a Revised Second Restated and Amended Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority (“Second Restated Agreement”) to add the City of Mountain View as a Member Agency; and
WHEREAS, the Member Agencies now desire to amend the Second Restated Agreement to add the Town of Los Gatos as a Member Agency;
WHEREAS, Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (commencing at Section 6500) authorizes the Member Agencies to enter into an agreement for the joint exercise of any power common to them and, by that agreement, create an entity that is separate from each of the Member Agencies; and
WHEREAS, each of the Member Agencies possess the power to provide for the Animal Control Services (defined in Section 1.3), including animal field services, animal shelter services, and dead animal services within their respective Jurisdictional Area (defined in Section 1.4 herein below); and WHEREAS, the Member Agencies possess the authority to issue bonds, expend bond proceeds, and borrow and loan money for certain public purposes pursuant to the Government Code of the State of California; and
WHEREAS, this Agreement is an appropriate means through which the Member Agencies may provide the Animal Control Services because the Jurisdictional Areas of the Member Agencies are in close proximity to one another and are susceptible of being served by the Animal Control Services and related Joint Facilities (defined in Section 1.10) under common administration and management and with the same equipment, resources and personnel; and
WHEREAS, the Member Agencies desire to share their animal control expertise and to optimize their expenditures in connection with the provision of the Animal Control Services and related Joint Facilities; and
WHEREAS, the separate provision, management and administration of the Animal Control Services and related Joint Facilities in each Jurisdictional Area by each of the respective Member Agencies and using separate facilities, resources and personnel may result in duplication of effort, inefficiencies in administration and excessive costs, all of which, in the judgment of the Member Agencies, can be eliminated or substantially reduced, all to the substantial advantage and benefit of the citizens and taxpayers of all of the Member Agencies, if the provision of the Animal Control Services and the administration and management of the related Joint Facilities employing common equipment, resources ATTACHMENT 1

Page 52 ends

ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 2 of 22 Approved by the SVACA Board of Directors on May 22, 2024 and personnel, were to be performed by and through a single public entity and the creation of such a single public entity is the purpose of this Agreement;
NOW, THEREFORE, for and in consideration of the facts stated above, the mutual advantages to be derived, and the mutual covenants contained herein, it is agreed by and among the Member Agencies hereto as follows:

ARTICLE I

DEFINITIONS
Section 1. Unless the context otherwise requires, the words and terms defined in this Article shall have the meanings specified.

Section 1.1. Act. "Act" means Article 1, Article 2, Article 3, and Article 4 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code, as it may be amended from time to time.

Section 1.2. Agreement. "Agreement" means this joint exercise of powers agreement as it now exists or as it may from time to time be amended, supplemented or as it may be modified by the addition of signatory parties or by any other supplemental agreement or amendment entered into pursuant to the provisions of this Agreement.

Section 1.3. Animal Control Services. "Animal Control Services" means those services enumerated on "Exhibit A," entitled "Animal Control Services," attached hereto and incorporated herein by this reference.

Section 1.4. Area. "Area" and "Jurisdictional Area" mean that area within the respective jurisdictions of the Member Agencies.

Section 1.5. Authority. "Authority" means the Silicon Valley Animal Control Authority created pursuant to this Agreement.

Section 1.6. Board of Directors. "Board of Directors" means the governing board of the Authority referred to in Section 1.5 and more particularly described in Section 2.5 herein below. "Director" means an individual member of the Board of Directors.

Section 1.7. Bond Law. "Bond Law" means Article 4 of Chapter 5 of Division 7 of Title 1 of the California Government Code, as the same may have been or may hereinafter be amended from time to time, or any other law hereafter legally available for use by the Authority in the authorization and issuance of bonds to finance needed public facilities. "Bonds" means any bonds issued pursuant to Bond Law.

Section 1.8. Executive Director. “Executive Director" means the employee of the Authority directly responsible to the Board of Directors and primarily responsible for the managerial oversight of the operations of the Authority as further described in Section 3.6.

Page 53 ends

ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 3 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 1.9. Fiscal Year. "Fiscal Year" means the period from July 1st to and including the following June 30th.

Section 1.10. Joint Facilities. "Joint Facilities" means the animal control facilities, equipment, resources, and property to be owned, leased, managed and operated by the Authority pursuant to Article V and Section 7.1, and, if and when acquired or constructed, any improvements and additions thereto.

Section 1.11. Legislative Bodies. "Legislative Bodies" means the city or town councils of the Member Agencies of the Authority. "Legislative Body" means any such individual city or town council.

Section 1.12. Member Agencies or Member Agency. "Member Agencies" means all of the public agencies signatory to this Agreement, which, as of the initial Effective Date of this Agreement, are the City of Campbell, the City of Monte Sereno, the City of Santa Clara, the City of Mountain View and the Town of Los Gatos. "Member Agency" means any such individual public entity. “Originating Member Agency” refers to City of Campbell, the City of Monte Sereno, and the City of Santa Clara. “New Member Agency(ies)” refers to the City of Mountain View and the Town of Los Gatos.

Section 1.13. Quorum. Except as may otherwise be required hereunder or by law, "quorum" means the presence of the Santa Clara Director and three Directors of the other Member Agencies.

Section 1.14. Rules of the Board. “Rules of the Board” means the bylaws, rules, regulations and other operational and organizational directives of the Board of Directors for the conduct of its meetings and other affairs as further described in Section 2.9.

Section 1.15. Secretary. "Secretary" means the Secretary of the Board of Directors as further described in Section 3.2.

Section 1.16. Treasurer. " Treasurer" means the financial director and finance manager of the Authority having the responsibility and accountability for the Authority's funds as further described in Section 3.3.

ARTICLE II

GENERAL PROVISIONS
Section 2.1. Purpose. Subject to the terms herein, particularly Section 6.3, the purpose of this Agreement is to create the Authority to provide for the joint exercise of powers by the Member Agencies to own, manage, operate and/or maintain the Joint Facilities and to implement the financing, acquisition and construction of additions and improvements thereto and any additional facilities and property later acquired, owned or managed by the Authority and included in the Joint Facilities and thereafter to manage, operate and maintain the Joint Facilities, as so added to and improved, all to the end that the residents of the Area are provided with a more efficient and economical provision of the Animal Control Services and related services consistent with the purposes of this Agreement, and, if necessary, to issue and repay revenue bonds of the Authority pursuant to the Bond Law. Each of the Member Agencies is authorized to exercise all powers (except the power to issue and repay revenue bonds of the Authority)

Page 54 ends

ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 4 of 22 Approved by the SVACA Board of Directors on May 22, 2024 pursuant to its organic law and the Authority is authorized to issue and provide for the repayment of revenue bonds pursuant to the provisions of the Bond Law.

Section 2.2. Creation of Authority. Pursuant to the Act, there is hereby created a public entity to be known as the "Silicon Valley Animal Control Authority," to be called the "Authority" pursuant to Section

1.5. The Authority, which shall administer this Agreement, is a public entity separate and apart from the Member Agencies and each of them.

Section 2.3. Effective Date of Agreement. This Agreement shall become effective when signed and executed by all Member Agencies listed in Section 1.12 (the "Effective Date") and shall supercede any prior agreements executed.

Section 2.4. Term. This Agreement shall become effective on the Effective Date set forth in Section

2.3 and shall continue in effect until such time as all Bonds (if any) and the interest thereon issued by the Authority under the Bond Law or the Act shall have been paid in full or provision for such full payment shall have been made, and thereafter until such time as the Authority and the Member Agencies shall have paid all sums due and owing pursuant to this Agreement or pursuant to any contract executed pursuant to this Agreement, and thereafter until terminated pursuant to Article IX.

Section 2.5. Governing Board. The Authority shall be administered by a Board of Directors consisting of five (5) Directors, as follows: one (1) Director appointed by each of the Legislative Bodies of the cities of Campbell, Los Gatos, Monte Sereno, Mountain View, and Santa Clara.

Section 2.5.1. All voting power of the Authority shall reside with the Board of Directors.

Section 2.5.2. The Board of Directors shall be called the "Board of Directors of the Silicon Valley Animal Control Authority."
Section 2.5.3. Each Director shall be a member of the Legislative Body of the Member Agency that appointed that Director.

Section 2.5.4. Each Legislative Body shall appoint an alternate Director for that Member Agency. The alternate Director may act as the Director in the absence of the Director appointed by that Legislative Body. The alternate Director shall also be a member of the Legislative Body that appointed the alternate Director.

Section 2.5.5. All Directors and their alternates shall serve at the pleasure of the Member Agency that appointed them.

Section 2.5.6. All vacancies on the Board of Directors shall be filled by the respective Legislative Body within thirty (30) days of the effective date of the vacancy or as soon thereafter as the Legislative Body may legally act. Any Director or alternate Director shall cease to be a Director when such person ceases to hold office as a council member of the respective appointing Legislative Body.

Page 55 ends

ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 5 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 2.5.7. Each Director may receive reimbursement for the reasonable and necessary expenses incurred in the performance of their duties, as provided in the Rules of the Board.

Section 2.6. Meetings of the Board of Directors. All meetings of the Board of Directors shall be public meetings unless a specified closed session is held in accordance with the California Government Code.

Section 2.6.1. Regular Meetings. The Board of Directors shall provide for regular meetings at a date, time, and place fixed by the Rules of the Board.

Section 2.6.2. Special Meetings. Special meetings and emergency meetings of the Board of Directors may be called in accordance with State law.

Section 2.6.3. Call, Notice, and Conduct of Meetings. All meetings of the Board of Directors, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the provisions of Section 54950, et seq., of the California Government Code, as may be amended from time to time.

Section 2.7. Required Votes; Approvals. For all actions, the Director from Santa Clara will have two (2) votes at each meeting and the Directors from Campbell, Los Gatos, Monte Sereno, and Mountain View shall each have one (1) vote. Five (5) affirmative votes of the Board of Directors shall be required for the Board of Directors to take any action provided a quorum is present as set forth in Section 1.13.

Section 2.8. Rules of the Board. The Board of Directors shall adopt and from time to time amend the Rules of the Board as are necessary or convenient in the determination of the Board of Directors to achieve or facilitate the purposes hereof.

Section 2.9. New Members. It is the intent of the Originating Member Agencies to provide, to the extent permitted by law, for the inclusion at a subsequent date of such additional public entities, organized and existing under the Constitution or laws of the State of California, as may desire to become parties to this Agreement and members of the Authority. The Board shall review all applications for participation in the Authority. Those entities seeking membership must be approved by five (5) affirmative votes of the Board of Directors. A new Member Agency shall be required to (a) contribute funds commensurate to the expenses incurred by the Authority to accommodate the new Member Agency’s inclusion in the Authority. Examples include, but are not limited to, improvements to the facility, additional personnel expenses, marketing expenses, contractual services, and/or vehicles; (b) pay its share of annual Operating Costs and other expenses pursuant to Section 6.3 and (c) contribute to the Capital Fund (see Section 5.4) as determined by the Board. It is the intent of the Originating Member Agencies that any new Member Agency shall proportionally contribute and share in the Authority’s operations, but shall not have any proportional ownership in fee of the Authority’s real property interests.

For entities joining the Authority at other than the beginning of the Authority’s fiscal year, cash contributions for Operating Costs and the Capital Fund shall be prorated for the remainder of the fiscal year.

Page 56 ends

ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 6 of 22 Approved by the SVACA Board of Directors on May 22, 2024

ARTICLE III

ORGANIZATIONAL STRUCTURE

OFFICERS AND EMPLOYEES
Section 3.1. Chairperson and Vice-Chairperson. The Board of Directors shall elect a Chairperson and Vice-Chairperson from among its members. The Chairperson and Vice-Chairperson shall each serve a one year term. In the event of the disqualification or permanent inability of the Chairperson to serve as the Chairperson during their term, the Vice-Chairperson shall assume the duties of the Chairperson for the remainder of that term and the Board of Directors shall elect a new Vice-Chairperson for the remainder of that term.

Section 3.1.1. The Chairperson shall be authorized to sign all resolutions of the Board of Directors and all contracts on behalf of the Authority and shall perform such other duties as may be imposed by the Board of Directors, consistent with the terms and provisions of this Agreement and the Rules of the Board.

Section 3.1.2. The Vice-Chairperson shall be authorized to act as the Chairperson, exercise all of the powers of the Chairperson, and perform all of the duties of the Chairperson in the temporary absence of the Chairperson.

Section 3.1.3. The Board of Directors, as a part of its approval of any contract, may authorize the Executive Director to execute the contract on behalf of the Authority.

Section 3.2. Secretary. The Executive Director shall be the Secretary to the Board of Directors, perform such other duties as may be imposed upon the Secretary by the Board of Directors, and cause a copy of this Agreement to be filed with the California Secretary of State and the State of California pursuant to Section 6503.5 of the Act.

Section 3.3. Treasurer. The Board shall designate the Treasurer. The Treasurer shall be the depository and shall have custody of all of the accounts, funds and money of the Authority from whatever source.

The Treasurer shall have the duties and obligations set forth in Section 6505 and 6505.5 of the Act, and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority.

Section 3.4. Officers in Charge of Property. Pursuant to Section 6505 of the California Government Code, the Treasurer shall have charge of, handle, and have access to all accounts, funds, and money of the Authority and all records of the Authority relating to such accounts, funds and money; and the Secretary shall have charge of, handle, and have access to all other records of the Authority, and the Executive Director shall have charge of, handle, and have access to all physical properties of the Authority.

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ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 7 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 3.5. Bonding Persons Having Access to Property. From time to time, the Board of Directors may designate persons, such as the Treasurer or Executive Director, as the Authority officer(s) who shall have charge of, handle, or have access to any property of the Authority. The Board of Directors shall also fix the respective amounts of the official bonds of the Treasurer, Executive Director or such other designated persons pursuant to Section 6505.1 of the Act, which bonds shall be filed with the Secretary of the Authority. The actual cost of such bonds shall be a proper charge against the Authority.

Section 3.6. Management. The regular management of the operations and activities of the Authority shall be vested in the Executive Director. The Executive Director shall be appointed by the Board of Directors. Unless otherwise provided by the Rules of the Board or resolution of the Board of Directors, the Executive Director shall have the following powers:

Section 3.6.1. To provide for the planning, design, and construction of any additions or improvements to the Joint Facilities; leasing or remodeling of any existing facilities, or any new facilities to be operated by the Authority as authorized by the Board of Directors; Section 3.6.2. Except as otherwise provided in Section 3.6.8, to execute any contracts for capital costs, costs of special services, equipment, materials, supplies, maintenance, or repair that involve an expenditure by the Authority within the limits and in accordance with procedures to be established by the Authority in the manner provided for local agencies pursuant to Article 7, commencing with Section 54201 of Chapter 5 of Part 1 of Division 2 of Title 5 of the California Government Code;
Section 3.6.3. To appoint and employ all personnel of the Authority required for maintenance and operation of the Joint Facilities, and all other employees authorized by the Authority's budget and by the Board of Directors;
Section 3.6.4. To retain any consultants, including labor relations consultants or certified public accountants, as authorized in the Authority's budget and by the Board of Directors; Section 3.6.5. Subject to approval of the Board of Directors, to appoint and employ all personnel of the Authority or consultants required to be employed or retained in connection with the design of any additions or improvements of the Joint Facilities or construction of new facilities; Section 3.6.6. To expend funds of the Authority and enter into contracts, whenever required, or for the immediate preservation of the public peace, health, or safety, subject to the subsequent ratification of the Board of Directors;
Section 3.6.7. To dispose of any personal property of the Authority as may be provided in the Rules of the Board or otherwise authorized by the Board of Directors; Section 3.6.8. To approve and pay demands for payments by the Authority of Ten Thousand Dollars ($10,000.00), or less, which are authorized in the Authority's budget;

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ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 8 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 3.6.9. To prepare and submit to the Board of Directors in time for revision and adoption by the Authority prior to June 1 of each year, the annual preliminary budget for the next succeeding Fiscal Year referred to in Section 6.1;
Section 3.6.10. Generally, to supervise the acquisition, construction, management, maintenance, and operation of the Joint Facilities and personnel of the Authority; Section 3.6.11. To perform such other duties as directed by the Board of Directors and report to the Board of Directors at such times and on such matters as the Board of Directors may direct.

Section 3.7. Legal Advisor. The legal advisor of and provider of legal advice and services to the Authority shall be designated by the Board of Directors.

Section 3.8. Other Services. The Board of Directors shall have the power to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of and pursuant to this Agreement.

Section 3.9. Non-Liability of Agencies. None of the officers, agents, or employees directly employed by the Authority shall be deemed, solely by reason of their employment by the Authority, to be employed by any Member Agency or, by reason of their employment by the Authority, to be subject to any of the requirements of any Member Agency. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation, and other benefits which apply to the activities of the officers, agents, or employees of Member Agencies when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. Except as expressly provided for in this Agreement, nothing contained in this Article III is intended to nor shall it restrict or limit the rights or abilities otherwise available to the Authority to enter into agreements or other arrangements with any Member Agency in accordance with the terms and conditions of this Agreement and the Rules of the Board regarding the use of employees of the Member Agency in the operations and activities of the Authority.

Section 3.10. Indemnity and Insurance. The Authority shall defend, indemnify and save harmless each Member Agency to this Agreement and its respective council members, officers and employees, from all claims, losses, damages, costs, injury and liability arising out of the Authority's performance of its powers, duties and responsibilities under this Agreement. The Authority shall obtain and keep in force policies of insurance with coverage and limits sufficient to protect the Authority and its Member Agencies from claims for damages arising from the activities of the Authority, its Board of Directors, officers and employees. It is the intent of this Section 3.10 that the policies of insurance described herein include coverage for automobile liability, comprehensive general liability, public officials errors and omissions, workers’ compensation, and excess liability and other perils as the Board of Directors shall, from time to time, direct and that the coverage limits of these policies be maintained at levels as the Board of Directors shall direct. Each Member Agency shall be named an "additional insured" on the liability coverages or shall receive equivalent treatment or status under the Authority’s insurance program.

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ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 9 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 3.11. Agreement Not for Benefit of Third Parties. This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by any Member Agency shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property in the respective Area of such Member Agency.

ARTICLE IV

POWERS OF THE AUTHORITY
Section 4.1. General Powers. The Authority shall exercise in the manner herein provided the powers common to each of the Member Agencies, as provided by the Constitution and laws of the State of California, and all incidental, implied, expressed, or necessary powers for the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.4. As provided in the Act, the Authority shall be a public entity separate from the Member Agencies. The Authority shall have the power to finance, acquire, construct, manage, maintain, and operate the Joint Facilities. The Authority shall have all of the powers provided in Article 2 and Article 4 of the Act, unless specifically prohibited or restricted by this Agreement.

Section 4.2. Specific Powers. The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers, including but not limited to, any of the following:

Section 4.2.1. To make and enter into contracts;
Section 4.2.2. To employ agents or employees;
Section 4.2.3. To acquire, construct, manage, maintain, or operate any buildings, works or improvements;
Section 4.2.4. To acquire, hold, or dispose of property; Section 4.2.5. To sue and be sued in its own name;
Section 4.2.6. To incur debts, liabilities or obligations, subject to the provisions of this Agreement, provided that no debt, liability or obligation shall constitute a debt, liability or obligation upon any Member Agency;
Section 4.2.7. To apply for, accept, receive, and disburse grants, loans, and other aids from any agency for the United States of America or of the State of California; Section 4.2.8. To invest any money in the treasury pursuant to Section 6505.5 of the Act that is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code;
Section 4.2.9. To carry out and enforce all the provisions of this Agreement.

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ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 10 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 4.3. Bonds. The Authority shall have all of the powers provided in Article 4 of the Act, including the power to issue Bonds under the Bond Law.

Section 4.4. Restrictions on Exercise of Powers. The Authority shall exercise in the manner herein provided the powers common to all Member Agencies as appropriate to the accomplishment of the purposes of this Agreement. For purposes of Govt. Code § 6509, the powers of the Authority shall be exercised subject to the restrictions upon the manner of exercising such powers as are imposed upon the City of Campbell, a general law city.

Section 4.5. Obligations of Authority. The debts, liabilities, and obligations of the Authority shall not be the debts, liabilities, and obligations of any Member Agency.

ARTICLE V

METHODS OF PROCEDURE
Section 5.1. Reserved.

Section 5.2. Delegation of Powers. Each Member Agency hereby delegates to the Authority the power to purchase and the power and duty to maintain, operate, and manage any animal control equipment, resources, and real property acquired and identified by the Member Agencies, including the site of the Authority's animal control facility, and to employ the necessary personnel to do any and all other things necessary or desirable to provide efficient, economical and lawful Animal Control Services to the Member Agencies.

Section 5.3. Joint Maintenance and Operation Fund. The Board of Directors shall have a joint maintenance and operation fund (herein called the "Operating Fund"). The Authority shall assume responsibility for the maintenance and operation of the Operating Fund and shall pay the administrative and operational expenses of the Authority and all maintenance and operation costs of the Joint Facilities from said Operating Fund. Each of the Member Agencies shall pay into said Operating Fund its proportionate share of the maintenance and operation costs of the Joint Facilities, computed on the basis set forth in Section 6.3 of this Agreement.

Section 5.4. Capital Acquisition, Improvement and Replacement Fund. The Board of Directors may create a capital acquisition and replacement fund ("Capital Fund") for the purpose of creating a fund for the acquisition and construction of the Joint Facilities and any other capital improvements owned or controlled by the Authority, and the replacement and acquisition of capital equipment and property of the Authority. Each Originating Member Agency shall annually pay into said Capital Fund its proportionate share of capital costs, including principal and interest payments on outstanding Bonds, if any, as provided in Section 6.3. If there is a future need for contributions to the Capital Fund by any new Member Agency, all members shall contribute a proportionate share that is commensurate with each member’s proportional operating expenses.

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ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 11 of 22 Approved by the SVACA Board of Directors on May 22, 2024

ARTICLE VI

BUDGET/COSTS, MAINTENANCE AND

OPERATION COSTS AND OTHER COSTS
Section 6.1. Annual Budget. The Board of Directors shall adopt a preliminary budget for maintenance and operation costs, capital costs, costs of special services, and debt service payments or redemption expenses on Bonds (if any), annually prior to June 1 of each year and shall adopt a final budget prior to June 30 of each year.

Each Member Agency shall approve the contribution of its allocated proportional share of the total estimated annual costs and expenses in the budget, as set forth in Section 6.3, prior to final adoption of the budget by the Board of Directors on or before June 30 of each year.

Section 6.2. Records and Accounts. The Authority shall cause to be kept accurate and correct books of account, showing in detail the capital costs, costs ofspecial services and maintenance, operation costs of the Joint Facilities and the provision of the Animal Control Services, and all financial transactions of the Member Agencies relating to the Joint Facilities and the provision of the Animal Control Services, which books of account shall correctly show any receipts and also any costs, expenses, or charges paid or to be paid by each of the Member Agencies. Said books and records shall be open to inspection at all times during normal business hours by any representative of a Member Agency, or by any accountant or other person authorized by a Member Agency to inspect said books or records. The Controller/Treasurer shall, in accordance with Sections 6505 and 6505.6 of the Act, cause the books of account and other financial records of the Authority to be audited annually by an independent public accountant or certified public accountant.

Section 6.3. Allocation of Costs and Expenses: Generally.

Section 6.3.1. Annual Estimate. After adoption of the preliminary budget and prior to June 1 of each year, the Authority shall promptly furnish to each of the Member Agencies an estimate of the total annual maintenance and operation costs, capital costs, costs of special services, and debt service payments or redemption expenses on Bonds (if any).

Section 6.3.2. Operating Costs. The proportion of Operating Costs to be borne by each Member Agency shall be determined by the Executive Director each year prior to April 1, and the Executive Director shall submit these percentages to the Board of Directors for review, modification and/or approval on or before June 1 of each year. The Board of Directors may modify the manner in which each Member Agency's contribution to Operating Costs is determined or calculated by five (5) affirmative votes of the Board of Directors.

Section 6.3.3. Capital Acquisition Costs, Costs of Special Services, Bond Expenses. Costs of acquiring new equipment or constructing new facilities, costs of special services and Bonds interest and redemption expenses (if any) shall be borne by each Member Agency in the same proportion as Operating Costs determined, pursuant to Section 6.3.2, for the Fiscal Year in which the cost is incurred.

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ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 12 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 6.3.4. Capital Costs. The proportion of capital replacement costs to be borne by each Member Agency annually shall be the same proportion as Operating Costs borne by that Member Agency for that Fiscal Year as determined pursuant to Section 6.3.2.

Section 6.3.5. Insurance Costs. The premiums for the insurance policies described in Section

3.10 shall be apportioned among the Member Agencies in the same manner as each Member Agency's yearly percentage of Operating Costs, as determined pursuant to Section 6.3.2 . In the event of any claim for damages which is not covered by insurance, or which exceeds the limits of any applicable policy of insurance, the Member Agencies agree to allocate among themselves the uninsured costs of defending such claim, and the uncovered costs of settlement or judgment, if any, in the same proportions as the percentage share of Operating Costs of each Member Agency as established pursuant to Section 6.3.2 at the time the claim is filed with the Authority.

Section 6.4. Payment of Costs. Beginning on the Effective Date of this Agreement, and quarterly in advance thereafter for each Fiscal Year, each Member Agency agrees to pay the Authority its allocated proportional share of the total estimated annual costs and expenses, as set forth in Section 6.3.

Section 6.5. Sources of Funds. Each Member Agency shall provide the funds required to be paid by it to the Authority under this Agreement from any source of funds legally available to such Member Agency for such purpose.

Section 6.6. Level of Services and Charges to Member Agencies. All Member Agenciesshall receive the same level of service for their contributions, regardless of the amount of their contribution. The levels of service are reflected in Exhibit A, and these services may be amended from time to time.

Section 6.6.1. Level of Service Adjustment Due to New Member Agency. No later than four (4) years after the effective date of this Agreement, the Authority will conduct an internal review of its level of service for any new Member Agency to determine if the initial estimate of the necessary level of service for that jurisdiction is appropriate. In the event a higher or lower level of service is warranted based upon such audit, the Member Agencies may adjust the Operating Costs accordingly, pursuant to Section 6.3.2.

Section 6.7. New Member Agency Contribution and Payment Terms. This Agreement was created to accommodate the inclusion of a new Member Agency, the Town of Los Gatos. Pursuant to Section 2.10, the Town of Los Gatos will contribute the following amounts pursuant to the terms stated herein as consideration for its Member Agency status. The Town of Los Gatos will pay a total of One Hundred Thousand Dollars ($100,000.00), payable to the Authority on the Effective Date of this Agreement. This contribution amount is based upon the purchase of one animal rescue vehicle for Authority staff use as well as miscellaneoustransitional costs. Los Gatos agrees that any new asset and/or equipment purchased with these funds are the property of the Authority, not of Los Gatos.

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ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 13 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 6.7.1. Early Termination. Los Gatos also agrees that in the event its Legislative Body votes to terminate its status as a Member Agency prior to five (5) years from the Effective Date of this Agreement, then Los Gatos will be liable for early termination liquidated damages. The Member Agencies agree that, in the event Los Gatos terminates this Agreement prior to five (5) years from the Effective Date of this Agreement, the Authority and its remaining Member Agencies will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. The Member Agencies agree that by way of ascertaining and fixing the amount of damages, costs and expenses, and not by way of penalty, Los Gatos shall pay to the Authority liquidated damages of a sum equivalent to two-thirds (2/3) of its annual contribution for the remaining balance of that five (5) year period and any unpaid initial contribution amount, as described in Section 6.7. In the event that said liquidated damages are not paid, Los Gatos agrees that the Authority or any of its remaining Member Agencies may use all available legal remedies to obtain the amount of said unpaid damages. In the event of any litigation resulting from such a dispute as to liquidated damages, Los Gatos agrees to waive any affirmative defense as to the reasonableness and/or imposition of the liquidated damages.

ARTICLE VII

ENFORCEMENT
Section 7.1. Enforcement by Authority. The Authority is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law, to enforce this Agreement.

ARTICLE VIII

WITHDRAWAL OF A MEMBER AGENCY
Section 8.1. Agreement Continues. Notwithstanding the provisions of Section 9.1, each Member Agency agrees that the withdrawal of a Member Agency pursuant to this Article VIII is not intended to and will not terminate this Agreement or affect the ability of the Board of Directors or the remaining Member Agencies to carry out and fulfill the purposes of this Agreement.

Section 8.2. Withdrawal. A Member Agency may withdraw from the Authority and this Agreement by filing written notice thereof with the Authority. Withdrawal will take effect on July 1 of any year provided there is a least six months advance notice. The withdrawal of any Member Agency from the Authority shall in no way affect the rights and obligations of the remaining Member Agencies. A withdrawing Member Agency is still obligated for all payments due from it for the fiscal year of the withdrawal, and in the case of the Town of Los Gatos, it is also obligated for all payments specified in Section 6.7 in the event of early termination. Further, in the event of withdrawal of a Member Agency, the following terms and conditions will apply:

Section 8.2.1. Withdrawal shall not relieve the party of its proportionate share of any debts, liabilities or other contractual commitments incurred by the Authority prior to the effective date of the party’s withdrawal; and

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ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 14 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 8.2.2. If Bonds have been issued and the withdrawing Member Agency benefits directly or indirectly from the Bonds issued and outstanding, the Member Agency shall not withdraw from the Authority until such time as all of those Bonds and the interest thereon shall first have been paid in full or provision for such full payment shall first have been contractually made with the Authority and approved by the Board of Directors; and Section 8.2.3. The obligations of the withdrawing Member Agency shall have been paid in full and provision for repayment of any other indebtedness which may exist shall be covered by an agreement made between the Authority and the Member Agency and approved by the Board of Directors.

Section 8.3. Non-Distribution of Assets Upon Withdrawal or Subsequent Dissolution. A withdrawing Member Agency will have no entitlement to any Assets or Cash Reserves (See Section 9.3 for definition of term) of the Authority nor any distribution or reimbursement of any kind from the Authority upon withdrawal or in the event of the Authority’s subsequent dissolution.

Section 8.4. Restrictions. Any withdrawal from participation in this Agreement is subject to the restrictions on withdrawal contained in Sections 8.2 and 8.3, above. In addition, each withdrawing Member Agency, upon its withdrawal, waives any right to seek a judicial apportionment of any interest it may have in the Authority, including any interest in any Assets or Cash Reserves of the Authority.

ARTICLE IX

TERMINATION OF THE AGREEMENT AND

DISSOLUTION OF THE AUTHORITY
Section 9.1. Termination. This Agreement shall terminate and the Authority shall be dissolved upon an agreement of all Member Agencies. Upon termination of this Agreement, any obligation of the Authority which continues following dissolution shall be borne by the Member Agencies based on the percentages determined pursuant to Section 9.3.

Section 9.2. Effective Date of Termination. Termination shall not under any circumstances become effective until June 30 next succeeding a minimum of twelve (12) months following the effective date of a written notice of termination to the Board of Directors approved by all Legislative Bodies of the current Member Agencies.

Section 9.3. Disposition of Assets. Upon dissolution of the Authority, each Originating Member Agency shall receive its proportionate share of the assets of the Authority as defined in this Section within a reasonable amount of time after dissolution, and each Originating Member Agency shall contribute its proportionate or otherwise defined share toward the discharge of any enforceable liabilities incurred by the Authority as the same appear on the books of the Authority. Upon the termination of this Agreement, any assets acquired by the Authority during the period of its existence and still on hand and all unencumbered cash reserves (collectively, "Assets and Cash Reserves") shall be distributed to the Originating Member Agencies in the following manner: The total amount of maintenance and operating costs paid by each Originating Member Agency into the Operating Fund during the entire existence of the Authority shall be added together and the percentage which each Agency's total bears to the whole shall be determined. The Assets and Cash Reserves shall be divided among the current Member Agencies

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ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 15 of 22 Approved by the SVACA Board of Directors on May 22, 2024 based on the above percentage, based on appraised value of the assets at the time of termination. In the event the Originating Member Agencies cannot agree on how the distribution of Assets and Cash Reserves pursuant to the distribution method set forth in this Section should be implemented, the City Managers of all of the Originating Member Agencies, or their respective designees, shall meet promptly to develop a method for distributing the Assets and Cash Reserves among the Originating Member Agencies. New Member Agencies shall receive only their proportional share of the cash reserves they contributed to during their membership, if any.

Section 9.4. The distribution of assets may be made in kind or assets may be sold and the proceeds thereof distributed to the Member Agencies at the time of dissolution after the discharge of all enforceable liabilities.

Section 9.5. Continued Existence of Authority. Upon dissolution, this Agreement and the Authority shall continue to exist as required or necessary for the limited purpose of distributing the Assets and Cash Reserves and winding up and closing out the business, accounts and affairs of the Authority.

ARTICLE X

MISCELLANEOUS
Section 10.1. Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing language in the section referred to or to define or limit the scope of any provision of this Agreement.

Section 10.2. Consent. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld.

Section 10.3. Law Governing. This Agreement is made under the Constitution and laws of the State of California and is to be so construed.

Section 10.4. Amendments. This Agreement may be amended at any time, except as limited by Bond covenants, if any. All amendments to the Agreement must be in writing, and must be approved by the Legislative Bodies of the Member Agencies prior to becoming effective.

Section 10.5. Severability. In the event any provision of this Agreement is determined to be illegal or invalid for any reason, all other provisions and articles of this Agreement shall remain in full force and effect unless and until otherwise determined. The illegality of any provision of this Agreement shall in no way affect the legality and enforceability of any other provisions of this Agreement.

Section 10.6. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the respective Member Agencies. No Member Agency may assign any right or obligation hereunder without written consent of the other Member Agencies.

Section 10.7. Notice. Any notice required to be given or delivered by any provision of this Agreement shall be personally delivered or deposited in the U.S. mail, postage prepaid, addressed to the Authority and to the Member Agencies at their addresses as reflected in the records of the Authority, and shall be

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ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 16 of 22 Approved by the SVACA Board of Directors on May 22, 2024 deemed to have been received by the party to which the notice is addressed upon the earlier of receipt or 72 hours after mailing.

Section 10.8. Counterparts. This Agreement may be signed in counterparts, which together shall constitute one agreement. If this Agreement is signed in counterparts, no signatory hereto shall be bound until all Parties named below have duly executed, or caused to be duly executed, a counterpart of this Agreement.
[Signatures on next page.]

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ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 17 of 22 Approved by the SVACA Board of Directors on May 22, 2024

EXECUTION OF AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereupon duly authorized and their official seals to be hereto affixed on the dates as shown herein.

MEMBER AGENCIES
APPROVED AS TO FORM: CITY OF CAMPBELL, a municipal corporation By: ___________________________ By: _________________________________ Its: ___________________________ Its: _________________________________ Date: ___________________________ Date: _________________________________ ATTEST:

By: ___________________________
Its: ___________________________
Date: ___________________________
APPROVED AS TO FORM: CITY OF MONTE SERENO, a municipal corporation By: ___________________________ By: _________________________________ Its: ___________________________ Its: _________________________________ Date: ___________________________ Date: _________________________________ ATTEST:

By: ___________________________
Its: ___________________________
Date: ___________________________
APPROVED AS TO FORM: CITY OF SANTA CLARA, a municipal corporation By: ___________________________ By: _________________________________ Its: ___________________________ Its: _________________________________ Date: ___________________________ Date: _________________________________ ATTEST:

By: ___________________________
Its: ___________________________
Date: ___________________________

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ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 18 of 22 Approved by the SVACA Board of Directors on May 22, 2024 APPROVED AS TO FORM: CITY OF MOUNTAIN VIEW, a municipal corporation By: ___________________________ By: _________________________________ Its: ___________________________ Its: _________________________________ Date: ___________________________ Date: _________________________________ ATTEST:

By: ___________________________
Its: ___________________________
Date: ___________________________
APPROVED AS TO FORM: TOWN OF LOS GATOS, a municipal corporation By: ___________________________ By: _________________________________ Its: ___________________________ Its: _________________________________ Date: ___________________________ Date: _________________________________ ATTEST:

By: ___________________________
Its: ___________________________
Date: ___________________________

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ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 19 of 22 Approved by the SVACA Board of Directors on May 22, 2024 EXHIBIT "A"

ANIMAL CONTROL SERVICES
The term "Animal Control Services" in the Agreement to which this Exhibit "A" is attached means all of the following services:

A. Field Services
Field services means all of the following services, including any vehicles, communications equipment, office supplies, field and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following services (the "Field Services"):
• Pick up of confined stray dogs, cats, and other small animals, including, rabbits, chickens, turkey, geese, and ducks, and excluding confined wildlife as defined in Section 711.2 of the California Fish and Game Code, such as opossums, raccoons, skunks, or squirrels • Pick up confined stray livestock, including horses, pigs, goats, sheep, and donkeys • Pick up of deceased animals, including wildlife, as described in more detail below under the description of Deceased Animal Services
• Pick up of injured stray dogs or cats and other small animals, without regard to weight, and injured wildlife weighing fifty pounds (50 lbs.) or less, that are located on public property or readily accessible on private property with the permission of the property owner or occupant or the property owner's or occupant's authorized agent
• Respond to emergency calls such as animals requiring rescue or animals attacking people • Investigating complaints of animal bites or attacks on humans, including the completion of a report interviewing the parties involved, quarantining animals which have bitten humans, preparing and transporting biting animals for rabies testing, and investigating alleged violations of a quarantine
• Response to calls for removal of venomous snakes in a private residence and on private property
• Investigating complaints of vicious dogs and provide administrative hearings • Investigating complaints of dangerous animals and provide administrative hearings • Responding to complaints of animals running at large
• Responding to complaints of domestic animals causing a nuisance, except domestic animals making noise, and provide follow-up patrol

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ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 20 of 22 Approved by the SVACA Board of Directors on May 22, 2024 • Respond to police assist calls on animal-related issues, which service may include taking control of an animal on the scene
• Investigate complaints regarding the lack of proper care, condition, or attention of domestic animals by their owners
• Investigate complaints regarding cruelty to animals
• Investigate complaints regarding exceeding the limit of the maximum number of animals • Investigate complaints regarding unsanitary conditions • Provide Community Outreach Humane Education programs to local schools as well as presenting programs to civic groups and organizations, Neighborhood Watch, homeowners groups and more
• Provide animal safety training for service workers (i.e. postal employees, meter readers) • Issue administrative and criminal citations as necessary • Participate in Santa Clara County Disaster Preparedness Team B. Shelter Services
Shelter Services means all of the following services, including shelter facilities, supplies, animal care specialists, supervisors and administrative personnel, and any other personnel, supplies and equipment reasonably required to perform the following services (the "Shelter Services"):
• Shelter of abandoned, impounded, lost or stray domestic animals brought to the shelter by a Member Agency, a resident residing in a Jurisdictional Area, or shelter personnel • Quarantine of biting animals
• Rabies testing of suspect animals
• Provision for surrender and reclaim of abandoned, lost or stray domestic animals during established business hours
• Provide adoption program to include offsite adoption events • Provide after hours receiving kennels for stray healthy animals • Save all healthy or treatable animals by return to owner, placement with a placement partner, or adoption

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ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 21 of 22 Approved by the SVACA Board of Directors on May 22, 2024 • Hold periodic adoption events at the animal care center • Euthanasia and disposal of unhealthy domestic animals that fail to meet the written health and temperament standards of the shelter
C. Medical Services
Medical Services means all of the following services, including office facilities, supplies, and professional and trained personnel necessary to perform the following services (the "Medical Services") by staff or through contracts:
• Provision of veterinarian services by staff or through contracts twenty-four (24) hours per day to treat and provide veterinarian care to stray dogs, cats, and other impounded animals that may be sick or injured
• Monitor quarantined biter animals
• Conduct vaccination clinics and have available, free of charge to the public, rabies control information.
• Operate public low cost spay/neuter clinic
D. Deceased Animal Services
Deceased Animal Services means all of the following services, including any vehicles, storage facilities, disposal mechanisms, field, and administrative personnel, and any other personnel, supplies, contracts and equipment required to perform the following services (the "Deceased Animal Services"):
• Pick up of deceased animals, including wildlife and except livestock, from streets and public property within Jurisdictional Areas, or from private property within Jurisdictional Areas with the permission of the property owner, occupant or a representative of the property owner or occupant
• Identification of and notification to the owner of the deceased animal, whenever possible • Disposal of the body of the deceased animal
E. Animal Licensing Services
Animal Licensing Services means all of the following services, including any vehicles, office facilities, supplies, equipment and personnel necessary to perform the following services (the "Animal Licensing Services"):

Page 72 ends

ITEM NO. 6.

Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 22 of 22 Approved by the SVACA Board of Directors on May 22, 2024 • Computerized animal licensing including up to two delinquent notices on license renewals
• Animal Control Officer contact for delinquent licenses when necessary • Provide licenses at animal care center
• Comprehensive community outreach program, to include issuing licenses at vaccination and spay/neuter clinics
• Distribute licensing information through local veterinarians and on web site • Issue assistance animal identification tags to qualified residents as required by state law F. Other Services For Which a Fee May Be Charged
• Pick up owned animals
• Provide humane traps to the public to capture sick, injured, or nuisance domestic animals • Provide volunteer opportunities
• Provide onsite dog training

Page 73 ends

ITEM NO. 6.

PREPARED BY: Sean Rose
Special Projects Manager
Reviewed by: Interim Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 09/17/2024
ITEM NO: 7
DATE: September 12, 2024
TO: Mayor and Town Council
FROM: Katy Nomura, Interim Town Manager
SUBJECT: Authorize the Interim Town Manager to Execute the Third Amendment to the Consultant Services Agreement with Mott MacDonald Group Inc. to Provide Additional Construction Support Services in an Amount Not to Exceed $49,901, For a Total Contract Not to Exceed Amount of $833,019, for the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832- 4505), Federal Project No. CML-5067(021).

RECOMMENDATION:

Authorize the Interim Town Manager to execute the third amendment to the consultant services agreement with Mott MacDonald Group Inc. to provide additional construction support services in an amount not to exceed $49,901 (Attachment 1), bringing their total contract not to exceed amount to $833,019, for the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505), Federal Project No. CML-5067(021).

BACKGROUND:

The Los Gatos Creek Trail to Highway 9 Trailhead Connector Project will provide access for bicycles and pedestrians between Highway 9 and the Los Gatos Creek Trail. The project will construct a pedestrian switchback trail access between the north side of Highway 9 and the Los Gatos Creek Trail and a bicycle/pedestrian trail access on the south side of Highway 9 leading from University Avenue that includes a new bridge over Los Gatos Creek.

Construction of the project began in November 2023 and is ongoing. The current schedule anticipates construction to be completed in December 2024.

On October 1, 2019, the Town Council authorized the Town Manager to execute a Consultant Services Agreement (Agreement) with Mott MacDonald Group Inc. (Mott MacDonald) for

Page 74 ends

ITEM NO. 7.

PAGE 2 OF 4
SUBJECT: Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832- 4505), Federal Project No. CML-5067(021)
DATE: September 12, 2024
BACKGROUND (continued):
engineering design services for the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (Project) in an amount not to exceed $486,747.

On August 17, 2021, the Town Council authorized the Town Manager to execute the First Amendment to the Agreement (Attachment 2) with Mott MacDonald for the Project, for additional design services in an amount not to exceed $90,000 for a total contract not to exceed amount of $576,747.

On August 1, 2023, the Town Council authorized the Town Manager to execute the Second Amendment to the Agreement with Mott MacDonald, for construction support services in an amount not to exceed $206,371, for a total contract not to exceed amount of $783,118.

DISCUSSION:

Since the beginning of construction, Mott MacDonald and their structural engineering subconsultant Biggs Cardosa Associates (BCA), as the design engineers of record for the project, have provided construction engineering support for the project on an as-needed, time and materials basis, in accordance with the terms of the Agreement and the Second Amendment.

Work completed by Mott MacDonald/BCA has included reviewing and approving construction submittals, evaluating and responding to contractor Requests for Information (RFIs), field engineering inspections, value engineering, and other engineering support activities. Mott MacDonald/BCA have now expended the original construction engineering support budget of $206,371 that was approved with the Second Amendment and are requesting an additional $49,901 to provide additional construction engineering support services through the completion of the project (Attachment 1). The additional work includes, but is not necessarily limited to, project management and coordination, submittal review and response, RFI evaluation and response, and preparation of as-built plans.

The proposed amendment amount includes a $3,000 credit to the Town for services that were previously billed incorrectly. In addition, $15,997 of the requested amount will be reimbursed by the contractor Granite Construction via a deduction to a future construction progress payment, for services that Granite requested of Mott MacDonald/BCA related to an unforeseen construction change by Granite.

Staff has negotiated the scope and amount of the additional construction engineering support services proposal and finds the amount reasonable and necessary to complete the project. The services will be performed on an as-needed, time and materials basis in accordance with the terms of the original contract.

Page 75 ends

ITEM NO. 7.

PAGE 3 OF 4
SUBJECT: Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832- 4505), Federal Project No. CML-5067(021)
DATE: September 12, 2024
CONCLUSION:

The recommended action will provide the additional budget necessary to allow Mott MacDonald to continue to provide construction engineering support for the project through the completion of project construction, currently anticipated in December 2024.

FISCAL IMPACT:

The fiscal table below reflects the updated costs and budget sources for the construction phase of the project, which will be sufficient to fund the project.

SOURCE OF FUNDS*
GFAR $ 1,428,127
OBAG Cycle II Grant - CMAQ $ 6,536,000
Measure B (2016 Program Bicycle and Pedestrian Program) $ 693,500 TFCA Grant Funds $ 755,921
TDA 3 Grant Funds $ 68,884
TOTAL SOURCE OF FUNDS $ 9,482,432

USE OF FUNDS
Design Phase
Consultant Services (Mott MacDonald Group) $ 576,747
Part-time Staff $ 99,297
Misc. Project Delivery Costs $ 490
DESIGN TOTAL - (Completed) $ 676,534
Construction Phase
Construction Contract (Granite Construction) $ 6,529,396 Construction Contingency $ 652,940
Construction Management, Inspection and Materials Testing (Zoon Eng.) $ 1,220,822 Town Project Management $ 127,000
Construction Support Services (Mott MacDonald Group) $ 206,371 Construction Support Services (Mott MacDonald Group) (Requested with this Staff Report) $ 49,901 Misc. Project Delivery Costs $ 19,468
CONSTRUCTION TOTAL $ 8,805,898
TOTAL USE OF FUNDS $ 9,482,432
REMAINING BUDGET $ -
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project CIP No. 832-4505

Page 76 ends

ITEM NO. 7.

PAGE 4 OF 4
SUBJECT: Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832- 4505), Federal Project No. CML-5067(021)
DATE: September 12, 2024
ENVIRONMENTAL ASSESSMENT:

This is a project as defined under CEQA but is Categorically Exempt Class 1 (CEQA Section 15301) (PRC 21084;14 CCR 15300 et seq).

The project has been determined to be Categorically Excluded under NEPA 23 CRF 771.117(c) activity (c)(3).

Attachments:

1. Third Amendment to Consultant Services Agreement with Mott MacDonald with Exhibit A (Cost Proposal) and Exhibit B (Scope and Fee) and the Original Agreement with the First and Second Amendments

Page 77 ends

ITEM NO. 7.

Amendment No. 3 to Consultant Services Agreement ATTACHMENT 1 LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505

THIRD AMENDMENT
TO THE

AGREEMENT FOR CONSULTANT SERVICES
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD
CONNECTOR PROJECT 18-832-4505
This Third Amendment to the Agreement for Consultant Services for the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project CIP No. 18-832-4505 that is dated for identification this __________day of ______________, 2024 (“THIRD AMENDMENT”) and amends that certain AGREEMENT FOR CONSULTANT SERVICES LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505 dated the 1st of October, 2019 the FIRST AMENDMENT executed on September 13, 2021, and the SECOND AMENDMENT executed on August 1, 2023 by and between the Town of Los Gatos (LOCAL AGENCY) and Mott MacDonald Group, Inc. (CONSULTANT).

RECITALS
A. LOCAL AGENCY and CONSULTANT entered into an Agreement for Consultant Services Agreement on October 1, 2019, (“Agreement”), and executed the First Amendment to the Agreement for Consultant Services on September 13, 2021, and the Second Amendment to the Agreement for Consultant Services on August 1, 2023, copies of which are attached hereto and incorporated by reference as Exhibit A to this THIRD AMENDMENT.

B. The LOCAL AGENCY desires to amend the Agreement to increase the scope of services and increase compensation for Task C – Construction Support Services.

AMENDMENT

1. Article II – STATEMENT OF WORK is hereby modified to include the attached EXHIBIT B – COST PROPOSAL AMENDED 08-29-24, PROPOSAL FOR ADDITIONAL CONSTRUCTION SUPPORT SERVICES for Task C – Construction Support Services.

2. ARTICLE V - ALLOWABLE COSTS AND PAYMENTS TASK B AND TASK C - Paragraph J is revised to read:
“The total amount payable by LOCAL AGENCY for Task B and Task C shall not exceed $284,272.”

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

IN WITNESS WHEREOF, the LOCAL AGENCY and CONSULTANT have executed this THIRD AMENDMENT, effective as of the date first set forth above.

Page 78 ends

ITEM NO. 7.

Amendment No. 3 to Consultant Services Agreement ATTACHMENT 1 LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505
TOWN OF LOS GATOS by: CONSULTANT by:
_________________________ _________________________
Katy Nomura, Interim Town Manager Mohamed Basma, Senior Vice President – Division Manager
Approved as to Form: Departmental Approval:
_________________________ _________________________
Gabrielle Whelan, Town Attorney Nicolle Burnham, Parks & Public Works Director Attest:
_
________________________
Wendy Wood, Town Clerk

Page 79 ends

ITEM NO. 7.

Amendment No. 3 to Consultant Services Agreement ATTACHMENT 1 LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505
EXHIBIT A– COST PROPOSAL
Amended 08-29-24

COST PROPOSAL BY TASK

NOT TO EXCEED

SUB TASK DESCRIPTION COST
TASK A – BASIC SERVICES
Task A.1 Project Management and Coordination $26,960
Task A.2 Data Collection, Review and Site Visit $9,212
Task A.3 Surveys and Mapping $27,154
Task A.4 Utility Coordination $11,336
Task A.5 Preliminary Engineering $27,231
Task A.6 Environmental Studies and Documentation $42,991 Task A.7 Geotechnical Investigations and Reports $54,489 Task A.8 Right of Way Certification $4,400
Task A.9 Final Design $198,438
Task A.10 Coordination with Adjacent Agencies $6,601
SUBTOTAL BASIC SERVICES $408,812
Task A.11 Supplemental Reports and Services $ 49,935
Amendment No. 1 $ 90,000
AMENDED TOTAL TASK A.11 $139,935
TOTAL NOT TO EXCEED TASK A $548,747
TASK B – BID SUPPORT SERVICES
TOTAL NOT TO EXCEED TASK B $ 28,000
TASK C – CONSTRUCTION SUPPORT SERVICES

AMENDMENT No. 2 -CONSTRUCTION SUPPORT SERVICES $206,371 AMENDMENT No. 3 – ADD’L CONSTRUCTION SUPPORT SERVICES $49,901 TOTAL AMENDED CONTRACT AMOUNT NOT TO EXCEED $833,019

Page 80 ends

ITEM NO. 7.

Amendment No. 3 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505

Page 1 ends

EXHIBIT B – PROPOSAL FOR ADDITIONAL CONSTRUCTION

SUPPORT SERVICES
From Mott MacDonald dated August 6, 2024

Page 81 ends

ITEM NO. 7.
2077 Gateway Pl. Suite 550
San Jose, CA 95110
T 408-572-8800
www.mottmac.com
1 Mott MacDonald Restricted
August 6, 2024
Sean Rose, Special Projects Manager
Town of Los Gatos, Parks & Public Works Department
41 Miles Avenue, Los Gatos CA 95030
RE: Los Gatos Creek Trail to Highway 9 Trailhead Connector Project Additional Fee Request Dear Mr. Rose:

Mott MacDonald has exhausted current contract budget and is requesting additional budget for providing design support during construction services until completion of project construction slated for December 2024.

The additional fee request includes professional services which include project management and coordination, reviewing submittals, responding to RFI’s, and preparing as-built plans.

SERVICES FEE
Firm Amount
Mott MacDonald $32,898
Biggs Cardosa Associates $20,003
Credit ($3,000)
Total Additional Fee $49,901
Our total estimated Not-to-Exceed fee for the proposed additional engineering services is $49,901. Mott MacDonald accounted $3,000 credit for efforts spent to clarify additional tree impacts identified during construction of the project. The budget will be billed on a Time and Materials (T&M) basis according to the terms and conditions of the original contract agreement. If you have any questions regarding this proposal or need additional information, please contact me at your convenience.

Thank you for the opportunity to assist you with this project.

Sincerely,
Mohamed Basma, PE
Senior Vice President
Docusign Envelope ID: F19A75D3-131D-4659-AD47-77B24D5D6CA6 EXHIBIT B Page 82
ITEM NO. 7.

Total
Fee
$301 $274 $155 $130
Project admin and meetings (5 months) 20 $6,020Review Submittals & RFI (15) 4 16 20 20 $11,288Prepare As-Built 2 12 40 40 $15,290 ODC $300
$32,898
Project Work Task
Total Cost:

Attachment A
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project Principal
Project
ManagerTeferi Abere
Senior
Project
Manager -
Bindu
Samudrala
Engineer
III- Lisette
Abad
Engineer
II - Jack
Friedman
Mott MacDonald Personnel and Hourly Billing
Rates
i:\2009\Proposals\9- AP\Budget Cost\Additional Budget Request 08052024 # Mott MacDonald Restricted
Docusign Envelope ID: F19A75D3-131D-4659-AD47-77B24D5D6CA6

Page 83 ends

ITEM NO. 7.

Updated August 5, 2024
Principal Associate
Bridge
Architect Senior Engr Project Engr
Sr Computer
Drafter
Admin
Services Total Total

MMH AWR RP EL BT SMH JD
Task Const Support Rate $359.88 $251.92 $274.46 $194.34 $160.74 $166.34 $131.16 Hours Dollars Task C - Construction Support
Assist with Response to RFI's Allow for 5 RFI's 20 10 2 2 34 $7,241 0 $0
Review Submittals: 0 $0
Erection Plan for the Steel Truss Bridge 4 4 $1,008
0 $0
Retaining Wall Stains and Pigments Additional Markups of Wall Colors 0.5 16 16.5 $4,517 Retaining Wall Formliner Sample/Product Submittal Approval of Class 1 Finish 1 1 $274 0 $0
Project Closeout 0 $0
Final Walkthrough and Generate Punchlist One site visit 1 8 9 $2,375 Verify Punchlist Items Completed No BCA Scope 0 $0
As-Built Plans Draft Based on CM Markups 8 16 24 $4,587 Subtotal Labor (hr) 1 40.5 17 0 26 2 2 88.5
Subtotal Labor ($) 359.88$ 10,202.76$ 4,665.82$ -$ 4,179.24$ 332.68$ 262.32$ $20,003 Remaining Budget $1,829
Escalation -$ -$ -$ -$ -$ -$ -$ $0
Totals Grand Total $18,174
Notes
> The above fees are limited to the structural components of the pedestrian bridge and retaining walls. > Other submittals not listed above are assumed to be reviewed by others and are not included in BCA scope and fee. > Review of the pedestrian bridge is limited to a review of calculations and plans prepared by the bridge manufacturer. We will not prepare additional, check or alternative calculations > Submittals will be provided to BCA by MM or the Town's CM and will be returned to that party. BCA will not coordinate directly with the Contractor or Caltrans. > Review of contractor's Value Engineering Cost Proposals is excluded. > Review of routine inspection reports, progress reports, progress payments, etc is excluded.

LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT Prefabricated Pedestrian Bridge and 3 Retaining Walls
Town of Los Gatos
Staff Person-Hour Breakdown: Biggs Cardosa Associates, Inc.

Construction Phase Contract Amendment

Page 84 ends

ITEM NO. 7.

Amendment No. 3 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505

Page 1 ends

ATTACHMENT 1
AGREEMENT FOR CONSULTANT SERVICES LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505 dated the 1st of October, 2019 and the
FIRST AMENDMENT executed on September 13, 2021
And the
SECOND AMENDMENT executed on August 1, 2023

Page 85 ends

ITEM NO. 7.

Amendment No. 2 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505

SECOND AMENDMENT
TO THE

AGREEMENT FOR CONSULTANT SERVICES
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD
CONNECTOR PROJECT 18-832-4505
This Second Amendment to the Agreement for Consultant Services for the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project CIP No. 18-832-4505 that is dated for identification this 1st day of August 2023 (“SECOND AMENDMENT”) and amends that certain AGREEMENT FOR CONSULTANT SERVICES LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505 dated the 1st of October, 2019 and the FIRST AMENDMENT executed on September 13, 2021 by and between the Town of Los Gatos (LOCAL AGENCY) and Mott MacDonald Group, Inc. (CONSULTANT) identified as a C Corporation and whose address is 12674 Alcosta Blvd. #275, San Ramon, CA 94583.

RECITALS
A. LOCAL AGENCY and CONSULTANT entered into an Agreement for Consultant Services Agreement on October 1, 2019, (“Agreement”), and executed the First Amendment to the Agreement for Consultant Services on September 13, 2021, copies of which are attached hereto and incorporated by reference as Attachment 1 to this SECOND AMENDMENT.

B. The LOCAL AGENCY desires to amend the Agreement to increase the scope of services and increase compensation for Task B – Bid Support Services and Task C – Construction Support Services, extend the term of the Agreement, and modify required insurance coverages as described below.

AMENDMENT

1. Article I – INTRODUCTION is hereby modified to identify the Contract Administrator for the LOCAL AGENCY to be Nicolle Burnham, Parks and Public Works Director.

2. Article II – STATEMENT OF WORK is hereby modified to include the attached EXHIBIT A.2 – SCOPE OF SERVICES Amended 07-03-23, EXHIBIT B.2.1 – COST PROPOSAL - Amended 07-03-23 COST PROPOSAL BY TASK, and EXHIBIT B.2.2 – COST PROPOSAL– Caltrans Exhibits 10-H3 for Task C – Construction Support Services.

3. Article IV PERFORMANCE PERIOD - Paragraph A is hereby amended to extend the Agreement end date to 06/20/25.

4. ARTICLE V - ALLOWABLE COSTS AND PAYMENTS TASK B AND TASK C - Paragraph J is revised to read:
“The total amount payable by LOCAL AGENCY for Task B and Task C shall not exceed $234,371.”

5. ARTICLE XIX INSURANCE is hereby replaced with the following:

DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813

EXHIBIT A

Page 86 ends

ITEM NO. 7.

Amendment No. 2 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505

ARTICLE XIX INSURANCE
Without limiting CONSULTANT’s obligation to indemnify and hold harmless LOCAL AGENCY and VTA, CONSULTANT must procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by CONSULTANT, its agents, representatives, employees, or subconsultants. The cost of such insurance must be borne exclusively by CONSULTANT. In the event of any material change in the AGREEMENT Scope of Services, LOCAL AGENCY AND VTA reserve the right to change the insurance requirements set forth herein, upon advance written notice to CONSULTANT. CONSULTANT must furnish evidence of all required insurance policies, within three (3) business days of any request for such by LOCAL AGENCY or VTA.

A. Liability and Workers’ Compensation Insurance

1. Minimum Scope of Coverage
Coverage must be at least as broad as:
a. General Liability coverage; Insurance Services Office “occurrence” form CG 0001.

General Liability insurance written on a “claims made” basis is not acceptable.

Completed Operations coverage must be continuously maintained for at least two (2) years after Final Acceptance of the Work.
b. Business Auto Coverage, Insurance Services Office form number CA 0001, covering Automobile Liability, code 1 “any auto.” Auto Liability written on a “claims-made” basis is not acceptable.
c. Workers’ Compensation insurance, as required by the Labor Code of the State of California, and Employer’s Liability insurance.
d. Professional Liability, including limited contractual liability coverage, covering liability arising out of any negligent act, error, mistake or omission in the performance of CONSULTANT’S services under this AGREEMENT. This coverage must be continuously maintained for a minimum of two (2) years following completion of this AGREEMENT.

This coverage may be written on a “claims made” basis, if so, please see special provisions in Section C.
e. CONSULTANT’S Pollution/Environmental Impairment Liability: covering liability arising out of the treatment, handling, storage, transportation, or accidental release of any hazardous material, to the extent applicable to CONSULTANT’S scope of services.

2. Minimum Limits of Insurance
a. CONSULTANT must maintain limits no less than:

1. General Liability (including umbrella/excess liability): $5,000,000 limit per occurrence for bodily injury, personal injury, and property damage. If General Liability Insurance or other form with a general aggregate limit is used, either the DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813

Page 87 ends

ITEM NO. 7.

Amendment No. 2 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505
general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. This requirement may be satisfied by a combination of General Liability with Excess or Umbrella, but in no event may the General Liability primary policy limit per occurrence be less than $2,000,000, unless Umbrella/Excess policies feature inception and expiration dates concurrent with the underlying General Liability policy, “Follow Form” coverage, and a “Drop Down” provision.

2. Automobile Liability (including umbrella/excess liability): $4,000,000 limit per accident for bodily injury and property damage. This requirement may be satisfied by a combination of Auto with Excess or Umbrella, but in no event may the Automobile Liability primary policy limit per occurrence be less than $2,000,000, unless Excess policies feature inception and expiration dates concurrent with the underlying auto liability policy, “Follow Form” coverage, and a “Drop Down” provision.

3. Workers’ Compensation and Employer’s Liability: Statutory Workers’ Compensation limits and Employer’s Liability limits of $1,000,000 per accident.

4. Professional Liability: $2,000,000 per claim/aggregate minimum limit per claim.

This requirement may be satisfied by a combination of Professional Liability insurance with Excess or Umbrella policies, but in no event may the Professional Liability primary policy limit per occurrence be less than $2,000,000, unless Umbrella/Excess policies feature inception and expiration dates concurrent with the underlying policy, “Follow Form” coverage, and a “Drop Down” provision.

5. If applicable, CONSULTANT’S Pollution/Environmental Impairment Liability:
$3,000,000 per occurrence. This requirement may be satisfied by a combination of Pollution Liability insurance with Excess or Umbrella policies. Umbrella/Excess policies must feature inception and expiration dates concurrent with the underlying policy, “Follow Form” coverage, and a “Drop Down” provision.

3. Self-Insured Retention
The certificate of insurance must disclose the actual amount of any deductible or selfinsured retention for all coverages required herein. Any self-insured retention or deductible must be declared to and approved by LOCAL AGENCY and VTA. To apply for approval for a level of retention or deductible CONSULTANT must provide a current financial report including balance sheets and income statements for the past three years, so that LOCAL AGENCY and VTA can assess CONSULTANT’s ability to pay claims falling within the selfinsured retention or deductible. Upon review of the financial report, if deemed necessary by LOCAL AGENCY and VTA in their sole discretion, LOCAL AGENCY and VTA may elect one of the following options: to accept the existing self-insured retention or deductible; require the insurer to reduce or eliminate the self-insured retention or deductible as respects LOCAL AGENCY and VTA, its directors, officers, officials, employees and volunteers; or to require CONSULTANT to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Applicable costs resulting therefrom will be borne solely by CONSULTANT. CONSULTANT may request execution of a nondisclosure DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813

Page 88 ends

ITEM NO. 7.

Amendment No. 2 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505
agreement prior to submission of financial reports.

B. Reserved.

C. Claims Made Provisions
Claims-made coverage is never acceptable for General Liability or Auto Liability. Claimsmade may be considered for Professional, Environmental/Pollution, or Cyber. For coverage written on a claims-made basis, it must be clearly stated on the Certificate of Insurance. In addition to all other coverage requirements, such policy must provide that:

1. The policy retroactive date must be no later than the date of this AGREEMENT.

2. If any policy is not renewed or the retroactive date of such policy is to be changed, CONSULTANT must obtain or cause to be obtained the broadest extended reporting period coverage available in the commercial insurance market. This extended reporting provision must cover at least two (2) years.

3. No prior acts exclusion may be added to the policy during the AGREEMENT period.

4. The policy allows for reporting of circumstances or incidents that might give rise to future claims.

D. Other Provisions
The specified policies must contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability
a. The LOCAL AGENCY and VTA, its directors, officers, officials, and employees are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of CONSULTANT, including LOCAL AGENCY’S general supervision of CONSULTANT; products and completed operations of CONSULTANT and its subconsultants; premises owned, occupied or used by CONSULTANT; or automobiles owned, leased, hired or borrowed by CONSULTANT. The coverage must contain no special limitations on the scope of protection afforded to LOCAL AGENCY and VTA, its directors, officers, officials, employees. Additional Insured endorsements must provide coverage at least as broad as afforded by the combination of ISO CG 20 10 10 01 and CG 20 37 10 01.
b. Any failure to comply with reporting provisions of the policies may not affect coverage provided to LOCAL AGENCY and VTA, its directors, officers, officials, employees, or volunteers.
c. CONSULTANT’s required insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
d. The General Liability General Aggregate limit must apply per project, not per policy.

DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813

Page 89 ends

ITEM NO. 7.

Amendment No. 2 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505

2. All Coverages
a. Excluding Professional Liability, The insurer must agree to waive all rights of subrogation against LOCAL AGENCY and VTA, its directors, officers, officials, and employees for losses arising from work performed by CONSULTANT and its subconsultants for LOCAL AGENCY and VTA.
b. CONSULTANT’s insurance coverage must be primary insurance as respects LOCAL AGENCY AND VTA, its directors, officers, officials, employees, and volunteers. Selfinsurance or insurance that may be maintained by LOCAL AGENCY AND VTA, its directors, officers, officials, employees, or volunteers may apply only as excess to CONSULTANT’s insurance. CONSULTANT’s insurance must not seek contribution from LOCAL AGENCY or VTA’s insurance programs.
c. Each insurance policy required shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after a thirty (30) calendar days prior written notice by certified mail, return receipt required, has been given to LOCAL AGENCY.
d. LOCAL AGENCY will not be responsible for any premiums or assessments on the CONSULTANT’S policies.
e. In the event CONSULTANT employs subconsultants as part of the work covered by this AGREEMENT, it shall be the responsibility of CONSULTANT to ensure that all subconsultants are included as additional insured under the CONSULTANTS policies or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein and shall comply with the same insurance requirements that are stated in this AGREEMENT.

3. Other Insurance Provisions
a. If any coverage forms or endorsements required by this AGREEMENT are updated by their publishers, whether they be the insurance carrier(s), the Insurance Services Office, or the American Association of Insurance Services, during the duration of this AGREEMENT, LOCAL AGENCY AND VTA reserves the rights to require CONSULTANT to procure said coverage forms or endorsements using the updated versions upon the next renewal cycle.
b. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event that said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing the insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of the LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813

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ITEM NO. 7.

Amendment No. 2 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505
addition to any other remedies it may have, terminate the AGREEMENT upon occurrence of such event.
c. Approval of the insurance by LOCAL AGENCY or acceptance of the Certificate of Insurance by LOCAL AGENCY shall not relieve or decrease the extent to which CONSULTANT may be held responsible for payment of damages resulting from CONSULTANT’S services or operation pursuant to this AGREEMENT, nor shall it be deemed a waiver of LOCAL AGENCY’S rights to insurance coverage hereunder.

E. Acceptability of Insurers
Insurance and bonds must be placed with insurers with an A.M. Best’s rating of no less than A VII (financial strength rating of no less than A and financial size category of no less than VII), unless specific prior written approval has been granted by LOCAL AGENCY and VTA.

F. Certificates of Insurance
CONSULTANT must furnish LOCAL AGENCY with Certificates of Insurance and with original endorsements effecting coverage required. The certificates and endorsements for each insurance policy must be signed by an authorized representative of that insurer. The certificates must be issued on a standard ACORD Form. CONSULTANT must instruct their insurance broker/agent to submit all insurance certificates and endorsements and required notices electronically in PDF format to the LOCAL AGENCY. All endorsements must be attached to the ACORD certificate in a single PDF document. All insurance must be in effect for the duration of the AGREEMENT. The absence of insurance or a reduction of the stated limits shall cause all work on the project to cease. Any delays shall not increase costs to LOCAL AGENCY or increase the duration of the project. The LOCAL AGENCY reserves the right to require additional evidence of all required insurance policies, at any time.

The certificates must (1) identify the insurers, the types of insurance, the insurance limits, the deductibles or lack thereof, and the policy term, (2) include copies of all the actual policy endorsements required herein, and (3) in the “Certificate Holder” box include:

Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
Santa Clara Valley Transportation Authority (“VTA”)
3331 North First Street
San Jose, CA 95134-1906
In the Description of Operations/Locations/Vehicles/Special Items Box, the LOCAL AGENCY and VTA for any relevant property leased must appear, the list of policies scheduled as underlying on the Umbrella/Excess policy must be listed, excluding Professional Liability. Certificate Holder must be named as additional insured, and Waiver of Subrogation must be indicated as endorsed to all policies as stated in the AGREEMENT documents., excluding Professional Liability.

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ITEM NO. 7.

Amendment No. 2 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505
It is a condition precedent to granting of this AGREEMENT that all insurance certificates and endorsements be received and approved by LOCAL AGENCY and VTA before AGREEMENT execution. No occupancy may be taken until required insurance is in full compliance.

G. Maintenance of Insurance
If CONSULTANT fails to maintain insurance as required herein, LOCAL AGENCY, at its option, may suspend the AGREEMENT until a new policy of insurance is in effect.

H. Hold Harmless
Subject to California Civil Code Section 2782.8, CONSULTANT hereby agrees to and shall hold LOCAL AGENCY and VTA, its elective and appointive boards, commissions, officers, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage and any other claims of any sort what so ever, including, but not limited to, any liabilities, claims, losses, or expenses to the extent caused by the negligent acts, errors, or omissions or willful misconduct of CONSULTANT or CONSULTANT's SUBCONSULTANTs, agents, or employee operations in the performance of services under this AGREEMENT, whether such operations by CONSULTANT or by any of CONSULTANT's SUBCONSULTANTs, or by any one or more persons directly or indirectly employed by, or acting as agent for CONSULTANT or any of CONSULTANT's SUBCONSULTANTs during the progress of the work or at any time before its completion and final acceptance, excepting suits and actions brought by the CONSULTANT for default of this AGREEMENT or arising from the negligence or willful misconduct of the LOCAL AGENCY or VTA. To the extent applicable to CONSULTANT’S indemnity obligations hereunder, the Local Agency Council may retain as much of the money due to the CONSULTANT as shall be reasonably necessary to protect the LOCAL AGENCY, until disposition has been made of any such suits or claims for damages as aforesaid.

To the extent applicable to CONSULTANT’S indemnity obligations hereunder, CONSULTANT agrees to and shall reimburse LOCAL AGENCY's reasonable cost of defense (or, at the sole option of the LOCAL AGENCY, CONSULTANT shall defend with counsel reasonably approved by the LOCAL AGENCY Attorney) and indemnify LOCAL AGENCY and its elective and appointive boards, commissions, officers, and employees from any suits or actions at law or in equity (exclusive of any such actions brought by CONSULTANT), such indemnification to include all reasonable costs of defense, judgments, and any awards of reasonable attorneys' fees.

Should any accident or incident causing death, personal injury or property damage occur between the date CONSULTANT is notified that its General Liability and/or Workers Compensation Insurance is canceled and the effective date of such cancellation, CONSULTANT's obligation to indemnify, defend and save harmless the LOCAL AGENCY, as provided for hereinabove, shall in no manner be affected by the fact that the LOCAL AGENCY had not received the notice of cancellation prior to the date of such accident or incident.

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

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ITEM NO. 7.

Amendment No. 2 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505
IN WITNESS WHEREOF, the LOCAL AGENCY and CONSULTANT have executed this SECOND AMENDMENT, effective as of the date first set forth above.

TOWN OF LOS GATOS by: CONSULTANT by:
_________________________ _________________________
Laurel Prevetti, Town Manager Mohamed Basma, Senior Vice President – Division Manager
Approved as to Form: Departmental Approval:
_________________________ _________________________
Gabrielle Whelan, Town Attorney Nicolle Burnham, Parks & Public Works Director Attest:
_________________________
Wendy Wood, Town Clerk
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ITEM NO. 7.

Amendment No. 2 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505
EXHIBIT A.2 – SCOPE OF SERVICES
Amended 07-03-23
Task C – Construction Support Services is hereby amended to include the following:

Task C.1.1 – Construction Support Services Project Management and Administration – Mott MacDonald will provide construction support project management related tasks on a cost per unit of work payment basis for the duration of the construction contract. The current construction contract includes 270 working days. Project management services are based on exercising prudent control of project scope, schedule, and quality of services and deliverables to be provided. This includes coordinating the work of the Mott MacDonald team, sub consultants and communications with the Town of Los Gatos and Caltrans.

Task C.2 – Preparing Responses to Requests for Information, Submittal Reviews and As-Built plans:

C2.1 Attend in person meetings as requested. (Approximately 50 team hours).

C2.2 Prepare responses to contractor’s Request for Information (RFI) and Request for Solution (RFS) as requested. (Approximately 283 team hours) C2.3 Review and provide responses to Contractor’s submittals as requested. (Approximately 230 team hours).

C2.4 Site Observations including on-site visits by the engineering team to observe construction operations at critical milestones to determine whether the design intent is met during construction. (Approximately 30 team hours).

C2.5 Maintain Records including logs of RFIs, Submittals, Shop Drawings and Requests for Solutions (RFS). Logs will be included in monthly progress reports. (Approximately 22 team hours).

C2.6 Complete final walkthrough as requested to determine whether the intent of construction plans has been met. (Approximately 9 team hours) C2.7 Assist in resolution/inspection of construction issues as requested. (Approximately 30 team hours)
C2.8 Upon completion of the construction work, Mott MacDonald will prepare record drawings based on red lines provided by the Resident Engineer. (Approximately 270 team hours).

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ITEM NO. 7.

Amendment No. 2 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505
EXHIBIT B.2.1 – COST PROPOSAL
Amended 07-03-23

COST PROPOSAL BY TASK

NOT TO EXCEED

AMENDMENT No. 2 - TOTAL NOT TO EXCEED TASK C $206,371
TOTAL AMENDED CONTRACT AMOUNT NOT TO EXCEED $783,118
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ITEM NO. 7.

Amendment No. 2 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505
EXHIBIT B.2.2 – COST PROPOSAL
Caltrans Exhibits 10-H3
For Task C – Construction Support Services
Amended 07-03-23
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ITEM NO. 7.

Local Assistance Procedures Manual
EXHIBIT 10-H3 COST PROPOSAL Page 1 of 2

COST PER UNIT OF WORK CONTRACTS
(GEOTECHNICALAND MATERIAL TESTING)
EXHBIT 10-Hl
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant Mott MacDonald
l!'.I Prime Consultant D Subconsultant D 2nd Tier Subconsultant Project No. TLG 18-832-4505 Contract No. --------- Date 07/12/2023 Unit/Item of Work:
(Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material Study) Include as many Items as necessary.

DIRECT LABOR
Professional (Classification)*
Sub-professional/Technical**
EQUIPMENT 1 (with Operator)
EQUIPMENT 2 (with Operator)
Hours
374
Consultant's Other Direct Costs (ODC) - Itemize:

Description of Item Quantity
Mileaqe Costs
Eauipment Rental and Supplies
Permit Fees
Plan Sheets
Test
Subconsultant 1: Biaas Cardosa Associates
Subconsultant 2: ActiveWavz Enoineerino
Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Note: Attach additional pages if necessary

TOTAL COST PER UNIT OF WORK
NOTES:

Billing Hourly Rate ($)
196.34
Unit Unit Cost
Total($)
73,429
Total
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$123,931.00
$ 9 011.00
$206,371.00
1 . Key personnel must be marked with an asterisk(*) and employees that are subject to prevailing wage requirements must be marked with two asterisks(
**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended.

2. Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates charged to all clients (Commercial, Private or Public).

3. Mobilization/De-mobilization is based on site location and number and frequency of tests/items.

4. ODC items shall be based on actual costs and supported by historical data and other documentation.

5. ODC items that would be considered "tools of the trade" are not reimbursable.

6. Billing Hourly Rates must be actual, allowable, and reasonable.

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January 2020
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ITEM NO. 7.

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ITEM NO. 7.

Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal
EXHIBIT 10-HJ COST PROPOSAL Page 1 of 2

COST PER UNIT OF WORK CONTRACTS
(GEOTECHNICAL AND MATERIAL TESTING)
Note: Mark-ups are Not Allowed □ Prime Consultant □ Subconsultant □ 2nd Tier Subconsultant Consultant __________________ _
Project No. _________ _ Contract No. --------- Date ------- Unit/Item of Work:
(Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material Study} Include as many Items as necessary.

DIRECT LABOR Hours Billing Hourly Rate {$) Total{$)
Professional {Classification)*
Sub-professional/Technical**
EQUIPMENT 1 {with Operator)
EQUIPMENT 2 {with Operator)
Consultant's Other Direct Costs (ODC)- Itemize:

Description of Item Quantity Unit Unit Cost Total
Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Nole: Attach addtllonal pages if necessary.

TOTAL COST PER UNIT OF WORK
NOTES:
1 . Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (
**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended.

2. Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates charged to all clients (Commercial, Private or Public).

3. Mobilization/De-mobilization is based on site location and number and frequency of tests/items.

4. ODC items shall be based on actual costs and supported by historical data and other documentation.

5. ODC items that would be considered "tools of the trade' are not reimbursable.

6. Billing Hourly Rates must be actual, allowable, and reasonable.

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January 2020
* $242 is an average billing rate. Work will be billed at actual rates for each staff member. ✔
Biggs Cardosa Associates TLG 18-832-4505 07/07/2023 512 $242 * $123,931 Mileage Costs $ 0.00 Equipment Rental and Supplies $ 0.00 Permit Fees $ 0.00 Plan Sheets $ 0.00 Test $ 0.00 $ 123,931.00 DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813

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ITEM NO. 7.
_ _
Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal
EXHIBIT 10-H3 COST PROPOSAL Page 2 of 2
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

13. Generally Accepted Accounting Principles {GAAP)

14. Terms and conditions of the contract

15. Title 23 United States Code Section 112 - Letting of Contracts

16. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

17. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

18. 48 Code of Federal Regulation Part 9904 - Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fair1y to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certifying:

Name: ______________ _ Title*: ______________ _
Signature�: _____________ _ Date of Certification {mm/dd/yyyy...._ ____ : _
Email: ______________ Phone Number,_,_: ___________
Address: ________________________________ _
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providinq under the proposed contract:

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January 2020
Mahvash Harms Vice President 07/07/2023 [email protected] 408-839-8878 865 The Alameda San Jose CA Biggs Cardosa will provide limited construction support services relating to structural components.

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ITEM NO. 7.

Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal
EXHIBIT 10-HJ COST PROPOSAL Page 1 of 2

Description of Item Quantity Unit Unit Cost Total
Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Nole: Attach addtllonal pages if necessary.

2. Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates charged to all clients (Commercial, Private or Public).

3. Mobilization/De-mobilization is based on site location and number and frequency of tests/items.

4. ODC items shall be based on actual costs and supported by historical data and other documentation.

5. ODC items that would be considered "tools of the trade' are not reimbursable.

6. Billing Hourly Rates must be actual, allowable, and reasonable.

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January 2020
✔
ActiveWayz Engineering TL 18-832-4505 07/12/2023 48 $187.73* $9,011 Mileage Costs $ 0.00 Equipment Rental and Supplies $ 0.00 Permit Fees $ 0.00 Plan Sheets $ 0.00 Test $ 0.00 $ 9,011.00 * $187.73 is an average billing rate. Work will be billed at actual rates for each staff member.

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ITEM NO. 7.
_ _
Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal
EXHIBIT 10-H3 COST PROPOSAL Page 2 of 2
Certification of Direct Costs:

13. Generally Accepted Accounting Principles {GAAP)

14. Terms and conditions of the contract

15. Title 23 United States Code Section 112 - Letting of Contracts

16. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

17. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certifying:

List services the consultant is providinq under the proposed contract:

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January 2020
Admas Zewdie President 07/12/2023 [email protected] 408-219-5678 2170 The Alameda, San Jose, CA 95126 ActiveWayz Engineering will provide limited construction services related to water pollution control and utility relocations.

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ITEM NO. 7.

Amendment No. 2 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505

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ATTACHMENT 1
AGREEMENT FOR CONSULTANT SERVICES LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505 dated the 1st of October, 2019 and the
FIRST AMENDMENT executed on September 13, 2021
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Mott MacDonald – First Amendment to Agreement for Consultant Services Los Gatos Creek Trail to Highway 9 Trailhead Connector Project CIP No. 18-832-4505

FIRST AMENDMENT TO AGREEMENT
TO THE

AGREEMENT FOR CONSULTANT SERVICES
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505
This First Amendment to Agreement for Consultant Services for the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project CIP No. 18-832-4505 amends that certain Agreement for Consultant Services dated October 1, 2019, made by and between the Town of Los Gatos, ("LOCAL AGENCY") and Mott MacDonald Group, Inc.(“CONSULTANT”).

RECITALS
A. The LOCAL AGENCY and CONSULTANT entered into an Agreement for Consultant Services on October 1, 2019, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.

B. The LOCAL AGENCY desires to amend the agreement to increase the scope of work, increase compensation, and extend the term of the agreement.

AMENDMENT

1. ARTICLE I – Introduction is amended to read:

The Contract Administrator for LOCAL AGENCY will be WooJae Kim, Town Engineer.

2. ARTICLE IV Performance Period (A.) is amended to read:

The AGREEMENT shall end on 12/31/23, unless extended by AGREEMENT amendment.

3. ARTICLE V – Allowable Costs and Payments Task A Item E is amended to read:

The total amount payable by Local Agency for Task A shall not exceed $576,747.

4. Exhibit B – Cost Proposal is revised per the attached Exhibit B dated 06-30-21.

The amount for Task A.11 Supplemental Reports and Services is hereby increased from $49,935 to $139,935 for additional reports and services to be performed as outlined in the Scope of Services.

Compensation shall be payable as outlined in the terms of the original Agreement.

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

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ITEM NO. 7.

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Mott MacDonald – First Amendment to Agreement for Consultant Services Los Gatos Creek Trail to Highway 9 Trailhead Connector Project CIP No. 18-832-4505 IN WITNESS WHEREOF, the LOCAL AGENCY and CONSULTANT have executed this Amendment.

LOCAL AGENCY
Town of Los Gatos by: CONSULTANT by:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Name
______________________________
Title
Department Recommendation:
________________________________
Matt Morley
Director of Parks and Public Works
Approved as to Form:
________________________________
Robert Schultz, Town Attorney
Attest:
________________________________
Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007 Senior Vice President - Division Manager
9/3/2021
9/3/2021
9/12/2021
9/13/2021
9/13/2021

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ITEM NO. 7.

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Mott MacDonald – First Amendment to Agreement for Consultant Services Los Gatos Creek Trail to Highway 9 Trailhead Connector Project CIP No. 18-832-4505 REVISED EXHIBIT B – COST PROPOSAL

COST PROPOSAL BY TASK
(for progress payment purposes)

NOT TO EXCEED

SUB TASK DESCRIPTION COST
TASK A – BASIC SERVICES
Task A.1 Project Management and Coordination $26,960
Task A.2 Data Collection, Review and Site Visit $9,212
Task A.3 Surveys and Mapping $27,154
Task A.4 Utility Coordination $11,336
Task A.5 Preliminary Engineering $27,231
Task A.6 Environmental Studies and Documentation $42,991 Task A.7 Geotechnical Investigations and Reports $54,489 Task A.8 Right of Way Certification $4,400
Task A.9 Final Design $198,438
Task A.10 Coordination with Adjacent Agencies $6,601
SUBTOTAL BASIC SERVICES $408,812
Task A.11 Supplemental Reports and Services $49,935
Addendum No. 1 $90,000
AMENDED TOTAL TASK A.11 $139,935
TOTAL NOT TO EXCEED TASK A $548,747
TOTAL NOT TO EXCEED TASK B AND TASK C $28,000
TOTAL AMENDED CONTRACT AMOUNT NOT TO EXCEED $576,747
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ATTACHMENT 1
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ITEM NO. 7.

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 09/17/2024
ITEM NO: 8
DATE: September 12, 2024
TO: Mayor and Town Council
FROM: Katy Nomura, Interim Town Manager
SUBJECT: Authorize the Interim Town Manager to Execute an Agreement with KimleyHorn and Associates, Inc. in the Amount of $37,135 to Assess and Evaluate Artificial Turf and Natural Grass at Creekside Sports Park (CIP Project 831- 4404)
RECOMMENDATION:

Authorize the Interim Town Manager to execute an agreement with Kimely-Horn and Associates, Inc. (Attachment 1) in the amount of $37,135 to assess and evaluate artificial turf and natural grass at Creekside Sports Park (CIP Project 831-4404).

BACKGROUND:

The Town of Los Gatos Capital Improvement Programs calls for the replacement of the artificial turf at Creekside Sports Park. Replacement of artificial is required approximately every 10 years as the synthetic material wears down over time. The synthetic material at this field is now 12 years old and its condition is deteriorating.

This project was partially funded in 2023. During development of the proposed Capital Budget for Fiscal Year 2024/25, staff noted that additional funding was needed for the work to move forward. Town Council heard concerns from the community regarding the potential health and environmental impacts of the materials used in the fabrication of artificial turf. Additional funding was not added to the project.

DISCUSSION:

Staff sought cost proposals from three firms on the Parks and Public Works list of on-call consultants to provide an assessment of the use of artificial turf versus natural grass for

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PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute an Agreement with Kimley-Horn DATE: September 12, 2024
Creekside Sport Park. Kimley-Horn was the only respondent of the three firms from which proposals were sought.

Kimley-Horn and Associates, Inc. (Kimley-Horn) provided a comprehensive proposal to evaluate the pros and cons of the two field types, provide a comparison of construction costs for replacing the artificial turf versus reconstructing the field with natural grass, and to assess the long-term operating cost of the two field types. Staff is recommending that the Town enter into agreement with Kimley-Horn to complete this analysis. Result of their work will be presented to Town Council for consideration.

CONCLUSION:

Executing the agreement will allow staff to present an evaluation to Town Council regarding the use of artificial turf versus natural grass for the Creekside Sports Park.

COORDINATION:

This report has been coordinated with the Town Manager’s Office and the Finance Department.

FISCAL IMPACT:

There is sufficient funding in the Adopted Fiscal Year (FY) 2024/25 – 2028/29 Capital Improvement Program (CIP) Budget to cover the agreement with Kimley Horn for the Creekside Turf Replacement Project. The total projected cost to replace the artificial turf was $1 million in 2022. At this time the cost is estimated to be $1.2 million.

ENVIRONMENTAL ASSESSMENT:

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

Budget Costs
GFAR $ 500,000
Total Budget $ 500,000
Costs
Agreement with Kimley Horn (Requested with this Staff
Report) $ 37,135
Total Expenditures $ 37,135
Available Balance $ 462,865
Creekside Turf Replacement
CIP No. 831-4404

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PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute an Agreement with Kimley-Horn DATE: September 12, 2024
Attachment:

1. Agreement for Consultant Services

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Docusign Envelope ID: 78A9360D-4503-44E5-8084-67EDABEAFAEE

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Agreement for Consultant Services
Kimley-Horn and Associates, Inc. ATTACHMENT 1

AGREEMENT FOR CONSULTANT SERVICES

PREAMBLE
THIS AGREEMENT is dated for identification on September 17, 2024 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) Kimley-Horn and Associates, Inc., (“Consultant”), identified as a C Corporation and whose address is 10 S. Almaden Blvd, Suite 1250, San Jose CA 95113. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 The Town desiresto engage Consultant to provide Evaluation of artificial turf versus natural grass at Creekside Sports Pak.

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

1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges Town has relied upon these warranties to retain Consultant.

II. AGREEMENTS

2.1 Scope of Services. Consultant shall provide services as described in that certain Proposal sent to the Town on August 14, 2024, which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. This contract will remain in effect upon execution to September 17, 2024 through June 30, 2025. Consultant shall perform the services described in this agreement as described in Exhibit A.

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

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

2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared

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Agreement for Consultant Services
Kimley-Horn and Associates, Inc. ATTACHMENT 1
or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.

2.6 Compensation. Compensation for Consultant's professional services shall be $37,135, inclusive of all costs. Payment shall be based upon Town approval of each task.

2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service. Invoices shall be based on percentage of work complete for each task. Invoices shall include the total fee for the task, the percentage of work complete, the charge for the current invoice and the overall charges to date for the project. A summary of tasks completed shall be provided.

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

Invoices:

Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
Email (preferred): [email protected]

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

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

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Agreement for Consultant Services
Kimley-Horn and Associates, Inc. ATTACHMENT 1

2.10 Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.

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

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

III. INSURANCE AND INDEMNIFICATION

3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.

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Agreement for Consultant Services
Kimley-Horn and Associates, Inc. ATTACHMENT 1
ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.
iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.

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

3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to 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, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide

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Agreement for Consultant Services
Kimley-Horn and Associates, Inc. ATTACHMENT 1
evidence of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. 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 Consultant 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 Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant.

IV. GENERAL TERMS

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

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

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

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

4.5 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.

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

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Docusign Envelope ID: 78A9360D-4503-44E5-8084-67EDABEAFAEE

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Agreement for Consultant Services
Kimley-Horn and Associates, Inc. ATTACHMENT 1
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Kimley-Horn and Associates, Inc.

Attn: Matthew Morgan
10 S. Almaden Blvd, Suite 1250
San Jose CA 95113
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

4.7 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.

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

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Docusign Envelope ID: 78A9360D-4503-44E5-8084-67EDABEAFAEE

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Agreement for Consultant Services
Kimley-Horn and Associates, Inc. ATTACHMENT 1
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

Town of Los Gatos by: Kimley-Horn and Associates, Inc. by:

Katy Nomura, Interim Town Manager Name and Title
Adam Dankberg, P.E.

Vice President
Recommended by:

Nicolle Burnham,
Director of Parks and Public Works
Approved as to Form:

Gabrielle Whelan, Town Attorney
Attest:

Wendy Wood, CMC, Town Clerk

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ITEM NO. 8.

Town of Los Gatos | LPCASANJ001044.2024 1
August 14, 2024
Ms. Nicolle Burnham, Director
Parks and Public Works
41 Miles Avenue
Los Gatos, CA 95030
RE: Task Order Proposal for the Artificial Turf Replacement Assessment at Creekside Sports Park (CIP 831-4404)
Dear Ms. Burnham and Members of the Selection Committee:

The Town of Los Gatos (Town) has used artificial turf from AstroTurf at Creekside Sports Park since 2013. However, since this turf is nearing the end of its life and new concerns regarding the environmental and health impacts of artificial turf fields have been raised by community members, the Town seeks to evaluate the advantages and risks of using synthetic versus natural turf. In order to achieve this goal, the Town requires the support of a qualified partner to assist in this evaluation. Kimley-Horn is excited about the opportunity this project presents for the community and is confident our approach, experience, and expertise will make this project a success.

Kimley-Horn’s landscape architects have extensive experience assessing and designing playing fields using both synthetic and natural materials. For example, we assisted with the design of the Home Depot Backyard, located in the existing Georgia Dome footprint north of the Mercedes-Benz Stadium in Atlanta, Georgia. As part of this project, our landscape architects designed a natural turf field to accommodate youth soccer, multi-use recreation, 800 tailgate parking spaces for game days, flex spaces for picnics, and pedestrian circulation to the stadium. To provide the best recommendations for a drivable grass lot, a test site was constructed and evaluated for six months. Three different base treatment solutions paired with the same turf were tested, which evaluated the sod layer infiltration rate, rootzone layer infiltration rate, and rootzone uniformity coefficient. We also assisted Albemarle County, Virginia with a Synthetic Turf Study at Darden Towe Park in which we presented findings and observations from research and case studies relating to the pros and cons associated with the installation and maintenance of synthetic turf fields for their athletic facilities.

As a supplement to our in-house capabilities, we have partnered with Berry, Dunn, McNeil, & Parker, LLC (BerryDunn), a leading consulting firm with a specialization in parks and recreation master plans, strategic plans, needs analyses, financial analyses, cost recovery, and quality assessments. BerryDunn’s team members have worked for multiple agencies in California and around the country, managed organizations (specifically facilities operations and maintenance), and are familiar with what it takes to manage and maintain sports fields. Most recently, BerryDunn worked on the Indoor Sports Facility Feasibility Study and Operational Costs project for the Grand Forks Park District in Grand Forks, North Dakota. For this project, BerryDunn conducted a feasibility study assessing a new 300,000 square foot indoor sports complex that would host indoor lacrosse, football, and soccer practices and tournaments. The BerryDunn team conducted nine stakeholder focus groups with 75 stakeholders and an open public webinar that had 77 participants, for a total of 152 community members included in the public engagement meetings.

Additionally, their team conducted a complete feasibility study including site analysis, indoor sports facility and aquatic facility development, operations and maintenance costs, funding mechanisms, financing opportunities and other funding alternatives, most cost-effective operating model, and the most productive mixture of 10 S. Almaden Blvd.

Suite 1250
San Jose, CA 95113
TEL 669.800.4130
EXHIBIT A TO ATTACHMENT 1

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ITEM NO. 8.

Town of Los Gatos | LPCASANJ001044.2024 2
programs/facilities/amenities. Coupling our nationwide expertise with BerryDunn’s, we will provide an accurate assessment and recommendation for the best path forward for the Town to consider.

When Kimley-Horn is involved in a project, we become the client’s advocate. We don’t just look at what it takes to “check the boxes” on a project—we look at what it takes to help our clients surpass their initial goals while remaining on schedule and within budget. We appreciate your consideration of the Kimley-Horn team, and we are excited about the opportunity to bring our experience and expertise to assist the Town with this important project.

If you have any questions about our experience or scope of services and fee proposal provided on the following pages, please do not hesitate to contract project manager Matthew Morgan, PLA, ASLA, CLARB directly at 408.785.3518 or [email protected].

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Matthew Morgan, PLA, ASLA, CLARB
Project Manager

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ITEM NO. 8.

Town of Los Gatos | LPCASANJ001044.2024 3

SCOPE OF SERVICES
Task 1. Assessment of Capital Costs & Environmental Impacts

1.1: Concept Level Cost Estimate for Artificial Turf Replacement Kimley-Horn will prepare one (1) concept-level cost estimate for the replacement of the existing artificial turf with new artificial turf. At present there are no known issues or concerns with the underdrainage.

1.2: Concept Level Cost Estimate for Artificial Turf Removal Kimley-Horn will prepare one (1) concept-level cost estimate to remove the artificial turf field and construct a new natural grass field. The cost estimate will include design costs and appropriate contingencies.

Kimley-Horn will coordinate with the Town to confirm typical contingencies used by the Town for costing exercises.

This task assumes up to one (1) round of revisions in response to consolidated and reasonable Town comments.

Additional rounds of revisions shall be accommodated as an additional service at our then-current hourly rates.

1.3: Environmental and Planning Constraints and Benefits Assessment Kimley-Horn will assess planning and environmental considerations associated with the use and construction of artificial turf fields versus natural grass fields. This information will be based on a literature search on the subject and CEQA analyses conducted by Kimley-Horn staff for similar projects (such as a proposed artificial turf facility in Portola Valley). Issues and concerns raised by decision makers and the public on similar projects have included:
 Project visibility, appearance and color as seen from public viewpoints  Toxicity of materials used in turf and crumb rubber fill materials  VOCs and off gassing
 Water quality and drainage controls
 Heat generation
 Greenhouse gasses
 General Plan policy consistency
 Material renewability and lifespan/lifecycle
 Pathogens and allergies
In our experience many of these issues are likely to be insignificant based on the results of available studies and continuous improvements to turf products. This information will be compiled for planning-level consideration. Detailed studies and/or CEQA review of the project will be scoped and budgeted separately upon request.

Task 2. Assessment of Operating Costs

2.1: Discovery

2.1.1: Virtual Kick-Off Meeting
The Kimley-Horn team will facilitate one (1) virtual initial kick-off meeting with the full project team to identify stakeholders, project team members, project milestones, and expectations. We will discuss our proposed project schedule, project work plan, and roles and responsibilities.

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ITEM NO. 8.

Town of Los Gatos | LPCASANJ001044.2024 4

2.1.2: Data Review
The Kimley-Horn team will submit an information request to the Town’s project team to gather applicable documents and data related to scheduling, maintenance, field use, and other pertinent information. All information gathered will be reviewed by our team to inform our understanding of the current environment, glean insights from work completed to date, and minimize impacts to Town staff during the work effort.

2.2: Assessment of Operating Costs

2.2.1: Operations Assessment
The Kimley-Horn team will assess the operational and maintenance costs of the sports field for a 20-year lifecycle for artificial turf versus grass. For each option, we will assess staffing cost versus contractor costs, maintenance, field striping, and routine and periodic maintenance costs.

Task 3. Letter Report
Kimley-Horn will prepare the following deliverables as part of this task:

3.1: Letter Report
Kimley-Horn will prepare a letter report that documents the result of Tasks 1 and 2. The report will include a comparison table of the advantages and disadvantages of the two field types, including hours of available play per year, maintenance requirements, and potential revenue generation (provided by Town staff), etc.

This task assumes up to one (1) round of revisions in response to consolidated and reasonable Town comments.

Additional rounds of revisions shall be accommodated as an additional service at our then-current hourly rates.

Task 4. Meetings
Kimley-Horn will attend the following meetings:

4.1: Data Collection/Kick-off Meeting
One (1) data collection/kick-off meeting with Town staff, attended by one (1) Kimley-Horn staff member. Kimley-Horn has assumed a duration of up to two (2) hours, with limited supplemental preparation effort performed by junior staff.

4.2: Analysis Review with Town Staff Meeting
One (1) meeting with Town staff to review the results of the analysis, attended by one (1) Kimley-Horn staff member.

Kimley-Horn has assumed a duration of up to two (2) hours, with limited supplemental preparation effort performed by junior staff.

4.3: Parks and Sustainability Commission and Town Council Meetings One (1) meeting each of the Parks and Sustainability Commission and Town Council (two (2) meetings total) to discuss the results of the analysis. Each meeting will be attended by one (1) Kimley-Horn staff member. Kimley-Horn has assumed a duration of up to two (2) hours for each meeting for a total of four (4) hours of effort, with limited supplemental preparation effort performed by junior staff.

This task assumes up to one (1) round of revisions in response to consolidated and reasonable City comments.

Additional rounds of revisions shall be accommodated as an additional service at our then-current hourly rates.

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ITEM NO. 8.

Town of Los Gatos | LPCASANJ001044.2024 5
Additional Assumptions
• Construction of either option would occur in 2025
• The underdrain system of existing artificial turf is in good condition and no repairs are needed • Town staff will provide hourly rates for staffing time Additional Services
• Schematic Design and Design Development Drawings
• Construction Documents
• CEQA and Environmental Studies other than the limited assessment scope noted in this agreement • Survey
• Geotechnical Studies
• Additional meetings beyond those noted in the scope above • Illustrative Graphics and 3D Visual Simulations
• Any services not specifically noted in the scope above

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ITEM NO. 8.

Town of Los Gatos | LPCASANJ001044.2024 6

FEE PROPOSAL
The Kimley-Horn team’s proposed cost to complete the Artificial Turf Replacement Assessment at Creekside Sports Park is $37,135. The table below provides further detail. We welcome the opportunity to discuss our proposed fee with the Town and are flexible to scope adjustments and refinements as necessary to better accommodate your needs on this project.

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ITEM NO. 8.

PREPARED BY: Robert Gray
Chief Building Official
Reviewed by: Interim Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 09/17/2024
ITEM NO: 9
DATE: September 11, 2024
TO: Mayor and Town Council
FROM: Katy Nomura, Interim Town Manager
SUBJECT: Receive Interim Community Center Improvement Cost Estimates and Implementation Update
RECOMMENDATION:

Receive Interim Community Center improvement cost estimates and implementation update.

BACKGROUND:

On August 15, 2023, the Town Council allocated $866,281 to a Community Center Development Fund to design and construct near-term improvements to the Adult Recreation Center to achieve two major purposes. The Adopted Fiscal Year (FY) 2024/25 Budget programmed an additional $11,333, increasing the total available funding to $877,614. One purpose is to facilitate the use of space for a variety of non-profit agencies to provide services to the community. The second purpose is to reconfigure the existing space to make it more open and inviting to the community. This effort is referred to as the Interim Community Center.

On November 21, 2023, the Town Council provided additional feedback on the Interim Community Center effort which involves the following steps:

1. (Completed January 25, 2024) Host Community Meeting to receive community input on:
a. Preferred types of community partners/services;
b. Community partner selection criteria; and
c. Ideas for near-term improvements to the ARC/Community Center.

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ITEM NO. 9.

PAGE 2 OF 5
SUBJECT: Interim Community Center
DATE: September 10, 2024

2. (Completed February 15, 2024) Receive the Community Health and Senior Services Commission’s (CHSSC) recommendation on items relevant to a Request for Interest (RFI) for community partners, such as the types of community partners and selection criteria.

3. (Completed March 5, 2024) Return to Council with CHSSC’s recommendation for Council input and approval on items relevant to the Request for Interest (RFI) for community partners, such as the types of community partners and selection criteria.

4. (Completed March 29, 2024) Issue the RFI.

5. (Completed May 7, 2024) Return to Council with the final selection of community partners.

6. (Completed May/June 2024) Discuss any potential physical near-term improvements and operational support needed by selected community partners with Los Gatos Saratoga Recreation (LGS Recreation).

7. (Completed June 11, 2024) Receive CHSSC’s recommendation on near-term improvements and operational support for Council’s consideration, taking into account ideas shared at the community meeting and budget constraints.

8. (Completed June 18, 2024) Return to Council with CHSSC’s recommendation on nearterm improvements and operational support for consideration.

9. (Item not needed) Hire an architect (if needed) to provide cost estimates for the prioritized items.

10. (We are here.) Return to Council with cost estimates for selection of which prioritized items to move forward for implementation, design, and bidding, as applicable.

DISCUSSION:

Staff has continued working with the selected Community Partners, LGS Recreation, and outside vendors to determine more accurate costs of upgrades and enhancements for the Interim Community Center. On June 18, 2024, Town Council provided direction to implement the following Interim Community Center Improvements: furniture and enhancements for the designated shared office space to make the space more inviting and welcoming, a keypad lock to secure the shared office space, a divider in the large hall of the Adult Recreation Center, one portable hybrid meeting equipment system, and improved safety lighting in the restrooms and exterior of the building.

Hybrid Meeting Equipment
On Thursday, September 5, 2024, the Community Health and Senior Services Commission (CHSSC) Chair and Vice Chair participated in a hands-on demonstration of the hybrid meeting equipment system currently in use at the Police Operations Building (POB). The feedback received was positive overall and staff was able to clarify any questions. This is the same type of system that LGS Recreation is interested in implementing. Staff will coordinate with LGS Recreation for the final determination and purchase of the necessary equipment. The cost is estimated to be $11,000.

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ITEM NO. 9.

PAGE 3 OF 5
SUBJECT: Interim Community Center
DATE: September 10, 2024
LGS Recreation plans to use the hybrid meeting system to expand the capabilities of some of their existing programs and offerings to allow for remote participation. This will improve the community’s accessibility to these programs. LGS Recreation currently has a standard rental process that can be found at https://www.lgsrecreation.org. They do not currently offer free use of space and use of the hybrid meeting system will be subject to availability and discretion of LGS Recreation staff.

Office for Shared Desk Space for Community Partners
On June 18, 2024, the Town Council authorized up to $20,000 to be used to furnish the Community Partner office and lobby areas to make them more welcoming and inviting. The designated Community Partners have met with staff to tour and discuss furnishings to the rotational office space. Discussions and suggestions were centered on making the space functional and inviting for the intended use of each provider. Recommendations included new chairs, couch, desk, and wall decorations, all of which are expected to be well under the $20,000 authority. West Valley Community Services (WVCS) has decided not to use this rotational desk space at the current time to focus on the mobile food pantry service. They are in the process of purchasing a new, smaller mobile food pantry vehicle and intend to provide services outside in two parking spaces in the parking lot to the side of the Library.

As directed by Town Council on June 18, 2024, a programable keypad lock for the rotational office has been identified that is similar to the keypads currently in use throughout the building.

The cost is estimated to be $2,000.

As directed by Town Council on June 18, 2024, staff is actively working with LGS Recreation to determine an alternative cost recovery model for the use of the rotational office space so that the Community Partners do not have to pay LGS Recreation’s reduced fee of $24 per hour.

Room Divider for Large Hall
During the process of securing interest from vendors for the replacement of the non-motorized room divider, staff located the installer of the original divider from 1979. It was determined that attempting to motorize the replacement divider would require structural and electrical modifications that would render the replacement infeasible structurally. A non-motorized divider will still be a significant benefit as the current divider is in need of repair and difficult to use. As a result, staff recommends moving forward with a non-motorized divider which is estimated to cost $70,000.

Interior/Exterior Safety Lighting
Staff evaluated the building’s existing exterior lighting and determined that reconfiguration and upgrades of existing exterior lighting will enhance visibility and provide an increased level of safety for visitors to the Interim Community Center.

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ITEM NO. 9.

PAGE 4 OF 5
SUBJECT: Interim Community Center
DATE: September 10, 2024
Emergency lighting has been installed in the existing restrooms under a separate maintenance purchase order and will not require upgrading as part of this project. As part of this Interim Community Center project, emergency lighting will be added to the new ADA compliant restroom to provide the same level of visibility as the other restrooms in the event of a power outage. The interior and exterior lighting improvements are estimated to cost $15,000.

CONCLUSION:

Staff communicated to the Town Council that an item would return once more precise cost estimates had been secured. This item serves to provide those updates. No action is required at this time given that estimated cost of the recommended improvements are within the budget for the Interim Community Center Project. Staff will continue to implement these improvements as previously directed. The Town Council may provide any further direction as it sees fit.

COORDINATION:

The preparation of this report was coordinated with the Town Manager’s Office, Parks and Public Works, and the Town Attorney.

FISCAL IMPACT:

The $877,614 allocated to the Community Center Development Fund can be used for near-term improvements to the Adult Recreation Center/Community Center.

Adult Recreation Center - Interim Community Center
CIP No. 821-2208
Budget Costs
GFAR $ 877,614
Total Budget $ 877,614
Costs
Enhancement of Shared Office Space $ 20,000
Keypad Lock $ 2,000
Large Hall Divider $ 70,000
Portable Hybrid Meeting Equipment $ 11,000
Safety Lighting $ 15,000
Total Costs $ 118,000
Available Balance $ 759,614

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ITEM NO. 9.

PAGE 5 OF 5
SUBJECT: Interim Community Center
DATE: September 10, 2024
ENVIRONMENTAL ASSESSMENT:

This project is exempt from CEQA, because it involves improvements to an existing facility. (CEQA Guidelines Section 15301.)

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ITEM NO. 9.

PREPARED BY: Paul Horvat
Emergency Services Coordinator
Reviewed by: Interim Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 09/17/2024
ITEM NO: 10
DATE: September 12, 2024
TO: Mayor and Town Council
FROM: Katy Nomura, Interim Town Manager
SUBJECT: Adopt a Resolution Approving the Town of Los Gatos Local Hazard Mitigation Plan (LHMP) Annex to the County of Santa Clara Multi-Jurisdictional Hazard Mitigation Plan (MJHMP)
RECOMMENDATION:

Adopt a resolution (Attachment 1) approving the Town of Los Gatos Local Hazard Mitigation Plan (LHMP) Annex to the County of Santa Clara Multi-Jurisdictional Hazard Mitigation Plan (MJHMP).

BACKGROUND:

In 2000, the United States Congress adopted the Disaster Mitigation Act of 2000 as an amendment to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to authorize a program for pre-disaster mitigation efforts. Congress realized that disasters posed a great danger to human life and property. Congress determined a larger emphasis needed to be placed on identifying these natural and human-caused hazards and proactively assessing the risks posed to communities. The Disaster Mitigation Act of 2000 provides guidance to local jurisdictions to develop a Local Hazard Mitigation Plan (LHMP). A LHMP is not required by law, but for a jurisdiction to be eligible for pre- and post-disaster mitigation funds or to receive Federal disaster relief through the Stafford Act, a jurisdiction must maintain an LHMP.

The Town of Los Gatos Town Manager’s Office has prepared its Annex to the County of Santa Clara Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) to ensure compliance with the Disaster Mitigation Act of 2000 and the requirements of the latest Federal Emergency Management Agency’s (FEMA) State Mitigation Planning Policy Guide. This LHMP Annex has been coordinated with the County of Santa Clara’s MJHMP. The MJHMP has been approved by

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ITEM NO. 10.

PAGE 2 OF 3
SUBJECT: Adoption of a Resolution Approving the Town of Los Gatos Local Hazard Mitigation Plan (LHMP) Annex to the County of Santa Clara Multi-Jurisdictional Local Hazard Mitigation Plan (MJLHMP)
DATE: January 4, 2024
FEMA and California Office of Emergency Services on behalf of the County and participating cities.

DISCUSSION:

Hazard mitigation planning is the basis for a community’s long-term strategy to reduce disaster risk and losses through the ongoing evaluation and analysis of an ever-changing environment.

This LHMP Annex identifies the Town’s known natural and human-caused disaster risks. It provides a plan for departments, stakeholders, and the community to decrease risk and loss through various mitigation efforts. This LHMP Annex creates the framework for risk-based decision making to reduce loss of life and injuries as well as lessen damage to property and the economy from future disasters.

As the costs of disaster management and recovery continue to rise, jurisdictions must find ways to reduce hazard risks to their communities. Hazard mitigation efforts are essential both before and after a disaster. Often following a disaster, repairs and reconstruction are completed to simply restore damaged property to pre-disaster conditions. These efforts may get the community back to normal for a time, but the replication of pre-disaster conditions may result in a repetitive cycle of damage and reconstruction. Hazard mitigation breaks this cycle using a long-term view of rebuilding and recovering after a disaster, by looking at what happened and how the impacts can be lessened if a disaster reoccurs. The implementation of these mitigation actions builds stronger, safer, and smarter communities that are better able to reduce future loss of life and property.

The Town’s comprehensive approach to mitigation employs the following varied techniques:
 Prevention: the Town utilizes administrative and regulatory actions, such as planning and zoning requirements, that influence the way land and buildings are developed to reduce hazard losses.
 Natural Resource Protection: actions minimize hazard loss and preserve or restore the functions of natural systems via vegetation management and post-wildfire watershed management.
 Property Protection: modification of structures, such as seismic retrofit or bolt and brace projects, decrease the physical damage to property.  Public Education and Awareness: informing the public, residents and businesses about hazards and ways to reduce their own loss and to lower risk in the community.

This LHMP Annex is designed to be used as a hazard identification and analysis reference document to help the Town reduce or eliminate long-term risk from identified hazards or disasters. It should be considered during pre- and post-disaster planning efforts. This LHMP

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ITEM NO. 10.

PAGE 3 OF 3
SUBJECT: Adoption of a Resolution Approving the Town of Los Gatos Local Hazard Mitigation Plan (LHMP) Annex to the County of Santa Clara Multi-Jurisdictional Local Hazard Mitigation Plan (MJLHMP)
DATE: January 4, 2024
Annex will be a companion document to the Town of Los Gatos General Plan – Hazards and Safety Element.

This LHMP Annex shall be reviewed internally on an annual basis and will follow the County’s update cycle which occurs every five years in accordance with the requirements of the Disaster Mitigation Act of 2000. Future five-year updates will return to the Town Council for approval while periodic revisions will be managed by the Town Manager’s Office operationally to ensure the document remains relevant and useful.

CONCLUSION:

This LHMP Annex is a vital component of the Town’s emergency management goals. Staff recommends adoption of the attached resolution (Attachment 1).

COORDINATION:

This LHMP Annex has been coordinated with the Parks and Public Works Department, Town Manager’s Office, Town Attorney’s Office, County of Santa Clara Department of Emergency Management, and the Federal Emergency Management Agency.

FISCAL IMPACT:

This LHMP Annex was prepared with Town staff resources and did not result in any additional costs.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Resolution

2. Town of Los Gatos Local Hazard Mitigation Annex to the County of Santa Clara MultiJurisdictional Hazard Mitigation Plan

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ITEM NO. 10.
1 of 2
Draft Resolution Adoption Date
ATTACHMENT 1

DRAFT RESOLUTION

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

ADOPTING THE TOWN OF LOS GATOS LOCAL HAZARD MITIGATION PLAN (LHMP)

ANNEX TO THE COUNTY OF SANTA CLARA MULTI-JURISDICTIONAL HAZARD

MITIGATION PLAN
WHEREAS, the preservation of life and property is an inherent responsibility of local, State, and Federal government; and
WHEREAS, reasonable plans carried out by knowledgeable and well-trained personnel can and will mitigate hazards despite the fact that no plan can completely prevent death and destruction; and
WHEREAS, the Town of Los Gatos is subject to various earthquake-related hazards such as ground shaking, liquefaction, landslides, and fault surface rupture; and WHEREAS, the Town of Los Gatos is subject to various weather-related hazards including wildfires, floods, and landslides; and
WHEREAS, the Town of Los Gatos seeks to maintain and enhance a disaster-resilient Town by reducing the potential loss of life, property damage, and environmental degradation from natural disasters, while accelerating economic recovery from those disasters; and WHEREAS, the Town of Los Gatos is committed to increasing the disaster resilience of the infrastructure, health, housing, economy, government services, education, environment, and land use systems in the Town of Los Gatos; and
WHEREAS, the Federal Disaster Mitigation Act of 2000 requires all cities, counties, and special districts to have adopted a Local Hazard Mitigation Plan to receive disaster mitigation funding from FEMA; and
WHEREAS, the Town of Los Gatos, in cooperation with County of Santa Clara has prepared this Town Local Hazard Mitigation Plan (LHMP) Annex to the County of Santa Clara Multi-Jurisdictional Hazard Mitigation Plan (MJLHMP), in compliance with California Government Code Sections 8685.9 and 65302.6, in alignment with Federal and State mitigation priorities; and
WHEREAS, this plan must be reviewed and updated annually, with minor improvements and adjustments made as necessary and appropriate—by the Director of Emergency Services/Town Manager or his/her designee to satisfy changing conditions and needs.

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ITEM NO. 10.
2 of 2
Draft Resolution Adoption Date
ATTACHMENT 1
NOW, THEREFORE, BE IT RESOLVED, that:

1. The Town of Los Gatos Council hereby adopts the Town of Los Gatos Local Hazard Mitigation Plan (LHMP) Annex, hereby incorporated as Exhibit A, to the County of Santa Clara MultiJurisdictional Hazard Mitigation Plan (MJLHMP).

2. The Town of Los Gatos Council designates the Director of Emergency Services/Town Manager or his/her designee, to make minor improvements and adjustments to this Local Hazard Mitigation Plan (LHMP) as necessary and appropriate to satisfy changing conditions and needs.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on September 17, 2024, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

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ITEM NO. 10.

Town of Los Gatos Local Hazard Mitigation Plan
Annex
Hazard Mitigation Plan Points of Contact
The point of contact during the Santa Clara County Multijurisdictional Hazard Mitigation Plan (MJHMP) planning process for the Town of Los Gatos was the Director of Parks and Public Works. This annex within the MJHMP was developed using information provided by the Local Planning Team of the Town of Los Gatos.

Table 1: Town of Los Gatos Local Planning Team Members for the 2023 Santa Clara County MJHMP
Name Position Department Role on Team and in Planning
Process
Nicolle Burnham Director of Parks
and Public
Works/Floodplain
Administrator
Parks and Public
Works
General oversight, hazard
identification, and plan development
Holly Young Senior Analyst Office of Town
Manager
Hazard identification and plan
development
The Town’s Local Planning Team Members participated in the MJHMP by attending meetings on the Plan Kick-Off, Risk Assessment, Capabilities Assessment, Mitigation Strategy, Wrap-up, and two one-on-one meetings with the planning consultant. In addition, the Town filled out the requested forms on each section or provided the requested information verbally to the planning consultant. The Town also shared information regarding public opportunities to participate in the draft plan update utilizing the digital survey and seven in-person and virtual public outreach meetings. Further, the Town was provided the opportunity to review the draft plan prior to submittal to Cal OES and FEMA.

Table 2: External Stakeholders Invited to Be Involved in Planning Process Agency or Organization Agency or Organization
American Red Cross Pacific Gas and Electric (PG&E)
American Red Cross – Silicon Valley Chapter Purissima Water District Amateur Radio Emergency Service (ARES) Ravenswood Family Health Center Avenidas Regional Water Quality Control Board
CADRE - Collaborating Agencies’ Disaster Relief Effort Rotating Safe Car Park California Office of Emergency Services (Cal OES) San Francisquito Creek Joint Powers Authority
ATTACHMENT 2

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ITEM NO. 10.

Agency or Organization Agency or Organization
Cal OES Silicon Valley Animal Control Authority
(SVACA)
California Department of Forestry and Fire Protection Silicon Valley Clean Energy California Department of Transportation St. Louise Hospital (Santa Clara County Hospital System)
Cattlemen’s Association Stanford Healthcare
City of Menlo Park Stanford University
Cooper-Garrod Estate Vineyards Stanford University Board of Trustees Department of Homeland Security Stanford University Office of Emergency Management
Department of Toxic Substances Stanford University, IT Facilities, Infrastructure, and Resilience
Downtown Streets Team Stanford University, Water Resources and Civil Infrastructure
Emergency Medical Services Stanford University/Real Estate Emergency Services Volunteer Representative The Villas
Federal Aviation Administration Valley Water Flood Information Team Fellowship Plaza Vista Center for the Blind and Visually Impaired
Foothill - De Anza Community College District West Valley Clean Water Program Authority
Foothill - De Anza Community College District Police
Department
West Valley College
Gavilan College West Valley Sanitation District
Google Westwind Barn
Hidden Villa farm
Intel Corporation
Kaiser Permanente—Santa Clara
Life Moves
Loma Prieta Volunteer Fire Department
Los Altos Hills County Fire District
Los Altos School District
Loma Prieta Resource Conservation District
Moffett Park Ames Research Center, National Aeronautics and Space Administration (NASA)
National Weather Service, National Oceanic and
Atmospheric Administration (NOAA)
Pacheco Pass Water District
The Town supported a “whole community” approach to this plan update. Neighboring communities, local and regional agencies involved in mitigation activities, agencies that have the authority to regulate development as well as businesses, academia, and other private and non-profit interests were invited to be involved in the planning process by participating in planning meetings, public meetings, or reviewing

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ITEM NO. 10.
the draft plan. The Town identified community stakeholders as shown in Table 281, Additional stakeholders that were able to participate is include in Volume 1 of this plan.

In addition to inviting a wide range of stakeholders, the Town supported public outreach and engagement through distributing a digital survey utilizing social media. This survey reached members of underserved populations, including primarily non-English speaking households. The public was also provided the opportunity to comment on the draft plan.

Figure 1 Town of Los Gatos Public Survey Records

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ITEM NO. 10.

Figure 2 Los Gatos Public Survey Nextdoor Post
In addition, the MJHMP was discussed at two virtual and five in-person public meetings across Santa Clara County. These in-person meetings were targeted towards areas with socially vulnerably populations. These meetings were also designed to be accessible for AFN (access and functional needs) populations. The Town promoted the in-person meetings on LinkedIn, Instagram, Twitter, and Facebook.

Figure 3: Los Gatos Community Meeting Nextdoor Post
The participation of the Town of Los Gatos and its stakeholders helped inform the development of the MJHMP and this annex in accordance with current priorities. The new plan continues to expand upon the work of the prior plan including emphasizing partnerships both within jurisdictions and special districts as well as with external stakeholders. Further, there is an increased emphasis on climate change, reflecting the increased understanding of the risk this hazard poses to the OA. The Town did not identify additional changes in priorities to be highlighted in their annex.

Jurisdiction Profile
The following is a summary of key information about the jurisdiction and its history:

Date of Incorporation: August 10, 1887
Current Population: 33,062 as of January 1, 2022
Population Growth: The Town of Los Gatos has experienced a 0.4 percent decline in the population between 2021 (33,193) and 2022 (33,062), according to the California Department of Finance.

However, the Town has seen a steady increase in population over the last decade, from 29,413 in 2010, to 32,402 in 2022, as reported by the U.S. Census Bureau.

Location and Description: The Town of Los Gatos, California, is nestled at the base of the Sierra Azules, approximately 60 miles south of San Francisco, in the southwestern portion of Santa Clara County, where the Santa Clara Valley meets the lower slopes of the Santa Cruz Mountains.

Los Gatos is bounded by the City of San José to the north and east, the City of Campbell to the north, the Cities of Monte Sereno and Saratoga to the west, and the unincorporated County of

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ITEM NO. 10.

Santa Clara and the County of Santa Cruz to the south. Los Gatos encompasses a wide variety of terrain, both the valley and hillsides are interspersed with creeks, streams, and riparian habitat.

Brief History: The name Los Gatos comes from “El Rancho de Los Gatos,” a ranch established in 1839 by a Mexican land grant and so named because of the large number of mountain lions in the area. Wheat production in the mid-1800s gave way to orchards, and rapid growth ensued when the railroad reached Los Gatos in 1878. Residential subdivisions were built and by 1887, the population had grown to 1,500, and Los Gatans voted to incorporate. Highway 17 was constructed through the center of Town, opening in 1940. Los Gatos grew slowly over the first 80 years, but today Los Gatos covers nearly 15 square miles and has a population of over 30,000.

Climate: Los Gatos enjoys a mild Mediterranean climate. Summers are dry and warm in the 80- to 100-degree Fahrenheit (°F) range. Winters are temperate and semi-moist in the 40-60°F range.

Los Gatos receives most of its precipitation in December through March. The average annual precipitation is 30.7 inches, making Los Gatos wetter than most places in California.

Governing Body Format: The Town of Los Gatos is governed by a five-member Town Council that sets policy that the Town Manager is responsible for administering. The Town Council assumes responsibility for the adoption of this Plan, and the Town Manager will oversee its implementation.

The Town consists of nine departments: the Town Manager’s Office, Clerk, Town Attorney, Finance, Human Resources, Library, Police, Community Development, and Parks and Public Works. The Town is served by 14 Boards, Commissions, and Committees, which are all advisory to the Town Council.

Development Trends
According to the 2020 Land Use Element of the Los Gatos General Plan, preserving the small-town heritage, natural setting, and architectural diversity is important to this community. Anticipated residential and commercial development levels for Los Gatos are low to moderate, consisting primarily of residential remodels and commercial renovations. The Town’s Housing Element, adopted in 2015, identifies strategies to meet the Town’s share of the regional housing needs, including a focus on affordable housing and increasing the number of second units on existing properties. The Town of Los Gatos 2040 General Plan was adopted on June 30, 2022, and includes elements relating to racial, social, and environmental justice, community design, public facilities, open spaces, and hazard safety. Future growth and development in Los Gatos are managed in accordance with this plan.

The Town of Los Gatos has increased its population since the previous plan was developed, but most developments were remodels and commercial renovations. All new development was subject to the regulatory capabilities identified in this annex.

For those hazards that have townwide impacts (including Earthquake, Drought, Inclement Weather – Heavy Precipitation/Atmospheric River/High Winds/Extreme Heat/Extreme Cold) the Town estimated that vulnerability had increased due to new development and the annexation of unincorporated County land which has occurred. More details regarding recent and future developments are outlined in Table 282.

Hazards with a more clearly identified extent and location (Wildfire, Flood, Dam/Levee Failure, Landslide/Mass Movement) are harder to define. No significant development was noted downstream of a high hazard potential dam. Residential development may have occurred in the SFHA, high landslide susceptibility zones, or areas at high risk of wildfire, but the town cannot estimate the precise impact this would have on its vulnerability. Given that most of the town is already built out with limited vacant property that is even buildable, it is anticipated the change in vulnerability to these hazards due to increased development has been minimal to none.

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ITEM NO. 10.

Table 3: Recent and Expected Future Development Trends
Criterion Response
Has your jurisdiction annexed any
land since the development of the
previous hazard mitigation plan?
If yes, give the estimated area
annexed and estimated number of
parcels or structures.

Yes, in June 2019 the Town annexed 23 County
unincorporated pockets-116 acres total. This included 308 single family parcels.

Is your jurisdiction expected to annex
any areas during the performance
period of this plan?
If yes, please describe land areas and
dominant uses.

If yes, who currently has permitting
authority over these areas?
Yes, the Town will continually annex unincorporated county lands. This land will be 90% residential. The Town has
permitting authority.

Are any areas targeted for
development or major redevelopment
in the next five years?
If yes, please briefly describe,
including whether any of the areas
are in known hazard risk areas.

Yes, Valley Floor, North 40. Plan adopted in 2014;
construction continuing (currently in phase 2). Sites have been identified for potential redevelopment in the sites inventory of the Town’s Housing Element.

How many building permits were
issued in your jurisdiction since the
development of the previous hazard
mitigation plan?
Year 2017 2018 2019 2020 2021 2022
Total Number
of Permits
1348 1402 1519 1339 1590 1478
Please provide the number of permits
for each hazard area or provide a
qualitative description of where
development has occurred.

Development has occurred throughout the Town during
the performance period for this plan. For hazards with a clearly defined extent and location, the Town cannot
estimate development impacts. For hazards with impacts
Town-wide, it is safe to assume that this new
development could be subject to impacts from those
hazards. However, it is important to note that all new
development was subject to the regulatory capabilities
identified in this annex.

Please describe the level of buildout
in the jurisdiction, based on your
jurisdiction’s buildable lands
inventory. If no such inventory exists,
provide a qualitative description.

The Town is largely built-out and there is very limited vacant property that is buildable.

Capability Assessment
Resources for the 2023 Planning Initiative
The following technical reports, plans, and regulatory mechanisms were reviewed to provide information for inclusion into the 2023 Multi-Jurisdiction Hazard Mitigation Plan for both Volume 1 and Volume 2 (Town of Los Gatos Annex). All the below items were additionally reviewed as part of the full capability assessment for the Town of Los Gatos.

Page 218 ends

Los Gatos City CouncilSeptember 17, 2024

Los Gatos City Council
September 17, 2024