IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E. Main Street and virtually through Zoom Webinar (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom Webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
HOW TO PARTICIPATE
The public is welcome to provide oral comments in real-time during the meeting in three ways:
Zoom Webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device. Please use this URL to join: https://losgatoscagov.zoom.us/j/82232739012?pwd=1zlbRu029_33oyBb9l3AyTZQ7D2MEQ.kN8FbuOklNsmz-Jj Passcode: 793054 You can also type in 822 3273 9012 in the “Join a Meeting” page on the Zoom website at https://zoom.us/ 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 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 on agenda items only 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
DECEMBER 03, 2024
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
Mary Badame, Mayor
Matthew Hudes, Vice Mayor
Rob Moore, Council Member
Rob Rennie, Council Member
Maria Ristow, Council Member
CALL MEETING TO ORDER
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)).
PLEDGE OF ALLEGIANCE
CONSENT ITEMS (Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may remove an item 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 November 19, 2024, Town Council Closed Session Meeting Minutes.
2. Approve the November 19, 2024, Town Council Study Session Meeting Minutes.
3. Approve the November 19, 2024, Town Council Meeting Minutes.
4. Receive an Annual Report Regarding the Independent Police Auditor Function.
5. Adopt a Resolution Declaring Certain Hazardous Vegetation Growing in the Town of Los Gatos to be a Public Nuisance, Ordering Abatement, and Setting a Public Hearing Date of January 21, 2025, to Consider Objections for the Proposed Abatement.
6. Adopt an Ordinance Amending Section 15.30.235 of the Town Code to Reduce the Speed Limit on Blossom Hill Road between Santa Cruz Avenue/Winchester Boulevard and Camino del Cerro.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Section 15.30.235, “Establishing Speed Limits on Certain Streets,” of the Town Code Establishing Speed Limits.
7. Adopt an Ordinance to Amend Chapter 14 of the Town Code to Rescind the Existing Pushcart Ordinance and Replace It with a New Sidewalk Vending Ordinance in Compliance with State Law and Amend the Existing Peddler and Solicitor Ordinance to Exclude Sidewalk Vendors From its Provisions.
Ordinance Title: “An Ordinance of The Town Council of The Town of Los Gatos Amending Sections 14.40.010, ‘Definitions,’ and 14.40.015, ‘Nonapplicability,’ of Article IV, ‘Peddlers and Solicitors,’ of Chapter 14, ‘Licenses and Miscellaneous Business Regulations,’ of the Town Code and Replacing Article VII, ‘Pushcarts,’ of Chapter 14, ‘Licenses and Miscellaneous Business Regulations,’ with a New Article VII, ‘Sidewalk Vending.’”
8. Adopt an Ordinance to Amend Chapter 29 of the Town Code to Adjust the Permitted Size of Signs at Intersections, Clarify Regulations Applicable to Temporary Signs on Private Property, and Prohibit Temporary Signage on Public Property.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning Regulations,” Article I, “In General,” Division 3, “Signs”.
9. Authorize the Town Manager to Execute the Second Amendment to the Consulting Services Agreement with Nichols Consulting Engineers for an Extension of Time for the Shannon Road Repair Project (CIP No. 811-0008).
10. Approve an Amendment to the Joint Powers Agreement of the West Valley Clean Water Program Authority to Support the Authority’s Proposed Name Change.
11. Authorize The Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921), Completed by Villalobos and Associates Inc., and Authorize the Town Clerk to File for Recordation.
12. Authorize the Town Manager to Execute a Third Amendment to the Agreement for Consultant Services with Disability Access Consultants, LLC to Extend the Term of the Agreement from December 31, 2024, to June 30, 2025, for the Annual ADA Compliance Work Project (CIP No. 812-2013).
13. Authorize the Town Manager to Execute a Second Amendment to the Contract for Legal Services with the Law Firm of Atchison, Barisone & Condotti to Increase the Contract Amount by $100,000 in an Amount Not to Exceed $250,000 until December 31, 2025.
14. Authorize the Town Manager to Execute a Contract Amendment to the Contract for Legal Services with the Law Firm of Goldfarb & Lipman to Increase the Contract Amount in an Amount Not to Exceed $165,000.
15. Direct Staff to Exercise the Option to Purchase the Below Market Rate (BMR) Unit at 653 Blossom Hill Road and Take Necessary Steps.
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 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.) PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes 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 for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
16. Introduce An Ordinance to Repeal Town Code Sections 6.120.060, 6.120.070, and
6.120.080 (All Electric Construction Requirements).
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Repealing Section 6.120.060, “All Electric Construction Definitions,” Section 6.120.070, “Residential All Electric Construction,” and Section 6.120.080, “Nonresidential All Electric Construction” of the Town Code.
17. Introduce an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding State Mandated Density Bonuses, Pursuant to Implementation Program R of the 2023-2031 Housing Element. Adoption of This Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to Government Code Sections 65915
and Following. Town Code Amendment Application A-24-005. Project Location: Town Wide. Applicant: Town of Los Gatos.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning,” of the Town Code to Update the Town's Density Bonus Ordinance to Reflect Changes Made in State Law.
18. Introduce an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code to Add Low Barrier Navigation Centers as a By-Right Use in Mixed-Use and Nonresidential Zones, Pursuant to Implementation Program AD of the 2023-2031 Housing Element.
Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to Government Code Sections 65660 - 65668. Town Code Amendment Application A-24-006. Project Location: Town Wide. Applicant: Town of Los Gatos.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos to Add Division 11, “Low Barrier Navigation Centers,” to Article I, “General” of Chapter 29, “Zoning Regulations,” of the Town Code.
19. Introduce a Replacement Units Ordinance and Adopt a Resolution Adopting Replacement Units Guidelines, Pursuant to Implementation Program AU of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to State Law. Town Code Amendment Application A-24-007.
Project Location: Town Wide. Applicant: Town of Los Gatos.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning,” of the Town Code, to Add Division 12, “Replacement Housing Units,” to Article I, “General.”
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
20. Receive the Los Gatos-Monte Sereno Police Department Organizational Assessment Report Completed by Meliora Public Safety Consulting.
COUNCIL / MANAGER MATTERS
CLOSED SESSION REPORT
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.)
ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354-6834.
Notification at least two (2) business days prior to the meeting date will enable the Town to make reasonable arrangements to ensure accessibility to this meeting [28 CFR §35.102-35.104].
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 12/03/2024
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, November 19, 2024
5:15 P.M.
The Town Council of the Town of Los Gatos conducted a special meeting in-person.
MEETING CALLED TO ORDER AT 5:15 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, and Council Member Maria Ristow.
Absent: None.
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation pursuant to Government Code Section 54956.9(d)(4): 2 cases.
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(2): 1 case.
The Town Council reconvened in open session. There was no reportable action taken.
ADJOURNMENT
The meeting adjourned at approximately 5:45 p.m.
Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Town Clerk Chris Constantin, Town Manager
ITEM NO. 1.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 2
DRAFT
Minutes of the Special Town Council Meeting – Study Session Tuesday, November 19, 2024
5:45 P.M.
The Town Council of the Town of Los Gatos conducted a special meeting in person and via teleconference.
MEETING CALLED TO ORDER AT 5:48 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
VERBAL COMMUNICATIONS
Jeffrey Suzuki
- Commented on having a Town-wide Traffic Study Model to better understand and manage traffic patterns.
Linda Swenberg
- Commented on concerns with the proposed “pork-chop” island removal at Blossom Hill Road and Cherry Blossom.
Erik Miller
- Commented on the benefits of having a Town-wide Traffic Study Model.
OTHER BUSINESS
1. Receive an Introductory Report on the Capital Infrastructure Needs of the Town of Los Gatos.
Chirs Constantin, Town Manager, provided introductory comments and background on the Capital Improvement Program.
Nicolle Burnham, Parks and Public Works Director, presented the staff report.
The Council received the report, provided individual comments, and supported a tiered project list.
ITEM NO. 2.
PAGE 2 OF 2
SUBJECT: Draft Minutes of the Town Council Special Meeting of November 19, 2024 DATE: November 19, 2024
ADJOURNMENT
The meeting adjourned at 6:48 p.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk
ITEM NO. 2.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 3
DRAFT
Minutes of the Town Council Meeting
Tuesday, November 19, 2024
7:00 P.M.
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and via teleconference.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, Council Member Maria Ristow.
Absent: None
PLEDGE OF ALLEGIANCE
Girl Scouts Rylin, Sihi, and Skyla led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
i. Los Gatos Thrives Foundation Presentation on a potential Community Center.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Minutes of the October 15, 2024, Town Council Meeting.
2. Receive the Monthly Financial and Investment Report for September 2024.
3. Authorize the Town Manager to Execute a Four-and-a-Half-Year Agreement with ECS Imaging, Inc. for Laserfiche Software Maintenance, Support, and Scanning Services in a Total Amount Not to Exceed $315,000.
4. Authorize the Town Manager to Execute a One-Year Agreement for Services with OpenGov, Inc. for Enterprise Asset Management System Services and Procurement System Services Effective December 30, 2024, Through December 29, 2025, for a Total Agreement Amount of $66,355.59 With Four One-Year Options Thereafter.
5. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Smart Signals Field Improvements Project (Traffic Signal Modernization) CIP No. 813-0227 Completed by St. Francis Electric, Inc., and Authorize the Town Clerk to File for Recordation.
6. Authorize the Town Manager to Enter into an Agreement with MBS Business Systems (MBS) to Provide Multifunctional Printer Purchases, Replacement, and Maintenance Services for the Town of Los Gatos in an Amount Not to Exceed $260,540.
Mayor Badame opened public comment.
ITEM NO. 3.
PAGE 2 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of November 19, 2024 DATE: November 19, 2024
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to approve consent items one through six.
Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Jeffrey Suzuki, Los Gatos Anti-Racism Coalition
- Commented in support of agenizing a proposed resolution to prohibit the use of Town resources to implement potential federal regulations on certain topics.
Gus Who
- Welcomed the new Town Manager; Commented on concerns with safety on Lynn Avenue and Pinehurst Avenue, and water rate increases.
Johanes Swenberg
- Commented on concerns with a resolution to prohibit the use of Town resources to implement potential federal regulations on certain topics.
Lynley
- Commented on the presidential election and accountability of council members.
Lee Quintana
- Commented in support of agenizing a proposed resolution to prohibit the use of Town resources to implement potential federal regulations on certain topics.
Linda Swenberg
- Commented in opposition of agenizing a proposed resolution to prohibit the use of Town resources to implement potential federal regulations on certain topics and about concerns on Town processes.
Autumn
- Commented in support of agenizing a proposed resolution to prohibit the use of Town resources to implement potential federal regulations on certain topics.
Lee Fagot
- Commented on concerns with agendizing a proposed resolution [to prohibit the use of Town resources to implement potential federal regulations on certain topics] and Town involvement in Federal regulations.
ITEM NO. 3.
PAGE 3 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of November 19, 2024 DATE: November 19, 2024
Chris Wiley
- Commented on concerns with theft in Safeway stores and the strain it has on Police resources and inquired about painting crosswalks.
Ali Miano, Los Gatos Anti-Racism Coalition
- Commented on support of agenizing a proposed resolution to prohibit the use of Town resources to implement potential federal regulations on certain topics.
Annie Schwartz
- Commented in support of agenizing a proposed resolution to prohibit the use of Town resources to implement potential federal regulations on certain topics.
Kinsey Lee
- Commented in support of agenizing a proposed resolution to prohibit the use of Town resources to implement potential federal regulations on certain topics.
PUBLIC HEARINGS
7. 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). RESOLUTION 2024-050
Gabrielle Whelan, Town Attorney; Nicholas Muscolino, Special Counsel; and Nicolle Burnham, Parks and Public Works Director, presented the staff report.
Mayor Badame opened public comment.
Julie Houston, Representative of the Property Owner
- Stated the property owner and the Town discussed issues raised in her letter (submitted as an addendum) and reached an agreement.
Lee Fagot
- Inquired about road repairs prior to the Town acquiring the property and asked about provisions to offset the additional repair cost.
Mayor Badame closed public comment.
Council discussed the item.
ITEM NO. 3.
PAGE 4 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of November 19, 2024 DATE: November 19, 2024
MOTION: Motion by Council Member Ristow to adopt a Resolution of Necessity in attachment two to authorize acquisition of the private property through eminent domain for the Shannon Road Capital Improvement Project; make those findings [included in the resolution]; authorize the Town Attorney to take all steps necessary to commence legal proceedings to acquire the property, to deposit the probable amount of just compensation with the State Condemnation Fund, to apply to the Superior Court for an order permitting the Town to take immediate possession and make immediate use of the property for the project, to take all necessary steps to acquire the property under the law, and to take such actions as our Attorney may deem advisable or necessary in connection therewith. Seconded by Vice Mayor Hudes.
VOTE: Motion passed unanimously.
OTHER BUSINESS
8. Approve the Youth Commission Work Plan for School Year 2024/25.
Jamie Field, Police Chief presented the staff report. Youth Commission Chair Balasingam and Vice Chair Idemoto, and Commissioners Gwyneth Pang, Rushil Sharma, Anjali Kalia, and Elijah Asheghian presented the Commission’s workplan.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Mayor Badame to approve the Youth Commission Workplan for school year 2024/25. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously.
9. Consider and Provide Direction to Staff regarding the Finance Commission’s Recommendation that the Town Council Engage a Professional Consulting Firm to Prepare a Comprehensive Fiscal Impact Analysis, Including Scenario Sensitivity Analysis, with Risks and Opportunities, which will Evaluate the Potential Fiscal Impact of Planned Growth.
Joel Paulson, Community Development Director, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
ITEM NO. 3.
PAGE 5 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of November 19, 2024 DATE: November 19, 2024
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to ask staff to return to the Council at a time the Town Manager feels appropriate, with proposals on how to complete the Fiscal Impact Analysis given the scope of the Housing Element, SB330, and Builder’s Remedy applications. Seconded by Mayor Badame.
VOTE: Motion passed unanimously.
Mayor Badame called a recess at 9:03 p.m.
Mayor Badame reconvened the meeting at 9:15 p.m.
PUBLIC HEARINGS
10. Consider the Following Actions Related to Certain Sections of Blossom Hill Road:
a. Accept the 2023 Engineering and Traffic Survey Update; and b. Introduce an Ordinance Amending Section 15.30.235 of the Town Code Establishing Speed Limits. Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Section 15.30.235, “Establishing Speed Limits on Certain Streets,” of the Town Code Establishing Speed Limits. ORDINANCE 2362 Gary Heap, Town Engineer, presented the staff report.
Mayor Badame opened public comment.
Erik Miller
- Commented in support of the item and requested the speed limit be reduced to 25 miles per hour (mph).
Lee Fagot
- Commented in support of the item, requested the speed limit be reduced to 25 mph, and stated the speed limit should be enforced for electric bikes.
John Shepardson
- Commented in support of a 30 mph speed limit from Blossom Hill/Union to Harwood, and requested electronic monitoring and bike lanes in that area.
Mayor Badame closed public comment.
Council discussed the item.
ITEM NO. 3.
PAGE 6 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of November 19, 2024 DATE: November 19, 2024
MOTION: Motion by Council Member Moore to accept the 2023 Engineering and Traffic Survey (ETS) update, introduce an ordinance amending section 15.30.235 of the Town Code establishing speed limits, and add a clause for staff to conduct an Engineering and Traffic Survey on the eastern portion of Blossom Hill Road after the quick build solutions on that eastern portion are made. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously.
11. Introduce an Ordinance Amending the Town Code Chapter 14 Related to “Peddlers and Solicitors” and Replacing Article VII “Pushcarts” with “Sidewalk Vending.” Ordinance Title:
An Ordinance of The Town Council of The Town of Los Gatos Amending Sections 14.40.010, “Definitions,” and 14.40.015, “Nonapplicability,” of Article IV, “Peddlers And Solicitors,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of The Town Code and Replacing Article VII, “Pushcarts,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” with a New Article VII, “Sidewalk Vending” in the Town Code. ORDINANCE 2363
Gabrielle Whelan, Town Attorney, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Mayor Badame to introduce an ordinance amending the Town Code Chapter 14 related to “Peddlers and Solicitors” and replacing Article VII “Pushcarts” with “Sidewalk Vending.” Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
12. Introduce a Draft Revised Sign Ordinance. Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning Regulations,” Article I, “In General,” Division 3, “Signs,” of the Town Code Regarding Sign Regulations. ORDINANCE 2324
Nicolle Burnham, Parks and Public Works Director, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
ITEM NO. 3.
PAGE 7 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of November 19, 2024 DATE: November 19, 2024
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Ristow to introduce the draft revised sign ordinance.
Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Rennie attended the Finance Commission meeting; met with two Silicon Valley Clean Energy Authority (SVCEA) Board Members; met with the Meadows rebuild team; and attended the SVCEA Board Meeting and the Los Gatos-Saratoga Recreation Thanksgiving Luncheon.
- Council Member Ristow stated she attended the Santa Clara Valley Water Commission meeting; the Valley Transportation Authority (VTA) Policy Advisory Committee meeting; the one-year update of the Highway 17 update of the wildlife under and overcrossing at Laurel Curve; and announced that Midpeninsula Open Space District recently opened trails in Bear Creek Redwoods.
- Vice Mayor attended the League of California Cities Annual Conference; met with the Los Gatos Thrives Executive Committee; met with Council Member Tina Walia from Saratoga; met with Director of NUMU; met with Summerhill regarding Los Gatos Lodge; attended the Santa Clara Cities Association meeting; attended the Santa Clara Cities Association Legislative Action Committee meeting; attended a Community Health and Senior Services Commission meeting; attended the “Here I am Silicon Valley” event; and attended a Democracy Tent meeting.
- Mayor Badame participated in the Los Gatos-Monte Sereno Police Foundation Recognition Luncheon; attended a West Valley Mayors and Managers meeting; participated in a ribbon cutting for a reopening of the Discovery Shop; participated in a ribbon cutting for the 10th Anniversary of Coup de Thai; attended a meeting with the executive director of the West Valley Solid Waste Management Authority; participated as a guest speaker at a Democracy Tent meeting; participated in the Fischer Middle School Veterans Day Ceremony; attended a Finance Commission meeting; participated in the West Valley Clean Water Authority and West Valley Solid Waste Management Authority Board meetings; was a guest speaker at the Rotary Club; participated in a ribbon cutting at Carnico Tools & Provisions; attended Art in the Council Chambers; participated in Los Gatos Recreation Veterans Event; and attended the Los Gatos Recreation Thanksgiving Luncheon.
- Council Member Moore discussed his request to agendize a resolution to prohibit the use of Town resources to implement potential federal regulation on topics such as immigration, homelessness, climate, women’s rights, and LGBTQ+ rights.
There were no further comments or actions on Council Matters.
ITEM NO. 3.
PAGE 8 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of November 19, 2024 DATE: November 19, 2024
Town Manager Matters
- Thanked the Council, staff, and the community for a warm welcome; Assistant Town Manager Nomura for her work as Interim Town Manager; and previous Town Manager Prevetti for her leadership.
ADJOURNMENT
The meeting adjourned at 10:10 p.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk
ITEM NO. 3.
PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 4
DATE: November 20, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Receive an Annual Report Regarding the Independent Police Auditor Function RECOMMENDATION:
Receive an annual report regarding the Independent Police Auditor function.
BACKGROUND:
The Los Gatos-Monte Sereno Police Department (LGMSPD) personnel are held to the highest standards of conduct both on and off duty. As a critical component of building and maintaining trust with the community, allegations from the community of misconduct by sworn members of the LGMSPD must be investigated in a manner that is fair, impartial, independent, thorough, and timely.
On September 8, 2020, the Town hosted a Community Workshop regarding Police practices, and subsequently, potential changes were reviewed and discussed with community input at the September 15, 2020, and November 3, 2020, Town Council meetings. On November 3, 2020, the Town Council voted to authorize the Town Manager to establish an Independent Police Auditor (IPA) function with a panel of diverse rotating independent investigators and requested the publication of quarterly IPA reports. Due to the low number of complaints, reports are provided to the Town Council annually. On May 18, 2021, the Town Council authorized the Town Manager to enter into agreements with three law firms who responded to a Request for Qualifications and were determined to be the most qualified to serve as independent investigators.
The IPA function creates distance between the Police Department in the review, investigation, and analysis of community complaints regarding police activities. For this reason, complaints may be submitted to the Town Clerk or through an online complaint form. The Town Attorney
ITEM NO. 4.
PAGE 2 OF 2
SUBJECT: Independent Police Auditor Function Annual Report DATE: November 20, 2024
then reviews the complaint and any applicable materials, such as video footage, in order to determine whether the complaint should be referred to an independent investigator who is overseen by the Town Attorney. This process has been documented in an Administrative Procedure which has been updated by the Town Manager consistent with Town procedures.
Staff is now considering possible additional improvements to the procedure.
DISCUSSION:
The current procedure provides that complaints may be made either in writing or verbally. The Town received three complaints in 2024 by email. The nature of the complaints were as follows:
1) One complaint in which allegations could not be determined. 2) Two complaints alleging officer misconduct.
The first complaint was deemed demonstrably unfounded because it was not possible to determine what was being alleged. After review of incident reports and body cam videos, the second complaint was also determined to be demonstrably unfounded. The third complaint is currently under review.
CONCLUSION:
Staff is giving the Council an annual report regarding the Independent Police Auditor function.
Three complaints have been received thus far in 2024.
COORDINATION:
The Town Attorney’s Office, Town Manager’s Office, and Town Clerk’s Department coordinated this report.
FISCAL IMPACT:
Based upon recent experience, preparing and sending the required notices and handling of a complaint averages approximately 15 hours of staff time, which includes review of the complaint and any related body camera footage and communication with the complainant.
Additionally, about five hours of Police Department staff time is necessary per complaint to provide case documentation and footage, consult with the Town Attorney, State reporting requirements, and case retention. The work and the associated costs are absorbed into the Town Attorney’s and Police Department’s budget. Fees have not been established to recover these costs. The adopted budget contains funds to pay for consultant costs if an independent investigation is warranted.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ITEM NO. 4.
PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 5
DATE: November 27, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Declaring Certain Hazardous Vegetation Growing in the Town of Los Gatos to be a Public Nuisance, Ordering Abatement, and Setting a Public Hearing Date of January 21, 2025, to Consider Objections for the Proposed Abatement
RECOMMENDATION:
Adopt a resolution declaring certain hazardous vegetation growing in the Town of Los Gatos to be a public nuisance, describing properties where such nuisance exists, ordering abatement, and setting a public hearing date of January 21, 2025, to consider objections for the proposed abatement (Attachment 1).
BACKGROUND:
The Weed Abatement Program (the Program) is a different, but complementary program to the Brush Abatement Program. Both programs work to protect the Town by reducing fire hazards created by vegetation growth and the accumulation of combustible debris with the goal of voluntary compliance. The Town of Los Gatos Municipal Code Chapter 11, Article II, requires property owners to prevent potential fire hazards on their property and any nearby structures by clearing hazards. The Program is administered by the County of Santa Clara (County) on behalf of the Town and is funded from fees assessed on the properties included on the assessment list. Every year while in the Program, each of the property owners is charged an annual compliance inspection fee and some incur costs for additional inspections, administrative, and abatement fees. The annual compliance inspection fee is currently $107.
Typically, a property is placed in the Program after a County inspector identifies a potential fire hazard on the premises. Fire Departments, Code Enforcement, Public Works, and other public
ITEM NO. 5.
PAGE 2 OF 3
SUBJECT: Actions Related to the 2025 Weed Abatement Program, Including Scheduling a Hearing for January 21, 2025
DATE: November 27, 2024
agencies can also submit complaints to the County. Once a parcel is placed in the Program, it will remain until it displays compliance for three consecutive years, at which point it will be removed.
Property owners in the Program are given the opportunity to abate their weeds prior to receiving an annual compliance inspection by County staff to confirm if the property has been cleared of hazards according to the requirements defined in the Santa Clara County Weed Abatement Program (https://weedabatement.santaclaracounty.gov/home). If the property owner has not complied with the requirements of the Program by the time of the County inspection, then the Town authorizes the County to remove the weeds. The County recovers its costs through a special assessment on each parcel’s property tax bill.
DISCUSSION:
The Weed Abatement program process consists of eight steps that begin in November and go through August of the following year. Currently, the process is at Step 2 on the list as illustrated below.
1. When properties are identified as having hazardous weeds, they are placed in the program, monitored, and must be compliant for three consecutive years in order to be removed from the program. The County prepares a report of all properties that have been identified and provides a Commencement Report to the Town (Exhibit A to Attachment 1) (November).
2. The Town Council adopts a resolution declaring weeds on such properties a public nuisance and sets a hearing date to consider objections to the proposed abatement (December).
3. The County sends notice to property owners on the report notifying them of the hearing date, along with guidelines on the Weed Abatement Program explaining that they must remove weeds by the abatement deadline, or it will be done for them, and the cost of the abatement plus administrative costs will be assessed by the County Tax Collector against the respective property (December).
4. The Town Council holds a public hearing to consider objections to the proposed abatement and adopts a resolution ordering abatement (January).
5. The County sends a courtesy letter to property owners on the report notifying them again of the abatement deadline (January).
6. After the deadline, the properties are inspected by the County Weed Abatement Inspector to verify that weeds were removed and proceeds with abatement if the inspection fails. The County creates an assessment report of all costs associated with the abatement and provides that report to the Town (June-July).
7. The Town notifies the property owners on the assessment report notifying them of the August public hearing date (July).
ITEM NO. 5.
PAGE 3 OF 3
SUBJECT: Actions Related to the 2025 Weed Abatement Program, Including Scheduling a Hearing for January 21, 2025
DATE: November 27, 2024
8. The Town Council holds a hearing, considers objections, and adopts a resolution confirming the assessment report, authorizing the collection of the assessment charges (August).
CONCLUSION:
Staff recommends that the Town Council adopt the necessary resolution (Attachment 1) to declare certain vegetation growing on identified properties in the Town of Los Gatos to be a public nuisance. Adoption of the resolution will establish a public hearing date of January 21, 2025, to consider objections to the proposed abatement.
COORDINATION:
This program has been coordinated with the Santa Clara County Consumer and Environmental Protection Agency (CEPA) - Weed Abatement Program and the Town Attorney.
FISCAL IMPACT:
The County’s Weed Abatement Program administers services for 13 local agencies under a cost recovery model, paid for by fees imposed on the parcel owners. The estimated program cost related to each agency is based on the number of parcels per agency.
Should the funding associated with the assessments fall short of the total program cost, the Town will be billed for a pro-rata share of the program such that the County achieves full cost recovery. If the County needs to request additional funds, this would be absorbed in the Parks and Public Works Fiscal Year 2024/25 Operating Budget. The Fiscal Year 2024/25 Operating Budget has sufficient funds to cover the cost of publishing all required legal notices.
ENVIRONMENTAL ASSESSMENT:
In accordance with CEQA Guidelines Section 15304, the Town’s weed abatement program is categorically exempt as a minor alteration to land.
Attachments:
1. Resolution for the 2025 Town of Los Gatos Weed Abatement Program with Exhibit A – Commencement Report
ITEM NO. 5.
Draft Resolution Adoption Date
ATTACHMENT 1
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DECLARING CERTAIN HAZARDOUS VEGETATION GROWING IN
THE TOWN OF LOS GATOS TO BE A PUBLIC NUISANCE, DESCRIBING PROPERTIES WHERE SUCH NUISANCE EXISTS; ORDERING ABATEMENT AND SETTING A PUBLIC HEARING DATE OF JANUARY 21, 2025 TO CONSIDER OBJECTIONS FOR PROPOSED
ABATEMENT
WHEREAS, Section 39501 and Section 39502 of the Government Code of the State of California authorizes the Town of Los Gatos to prescribe a procedure for compelling the owner, lessees, or occupant of buildings, grounds, or lots to remove hazardous vegetation (weeds) from such buildings or grounds and adjacent sidewalks, and, upon his failure to do so, to remove such hazardous vegetation (weeds) at owner’s expense, making the cost thereof a lien upon such property; and
WHEREAS, the Town of Los Gatos, by ordinance, has adopted such a procedure, codified in Chapter 11, Article II, Sections 11.20.010 through 11.20.045 of the Los Gatos Town Code.
NOW, THEREFORE, BE IT RESOLVED: that the Town Council hereby finds that hazardous vegetation "weeds," as that term is defined in Section 11.20.010, are growing upon and adjacent to certain private property within the Town of Los Gatos as presented in Exhibit A, and declares that all hazardous vegetation (weeds) growing upon any private property or properties, and in any sidewalk street, or alley within the Town of Los Gatos are a public nuisance and should be abated.
BE IT FURTHER RESOLVED that unless such nuisance be abated by the destruction or removal of such hazardous vegetation (weeds) within thirty (30) days after the adoption of this resolution, or within the time specified in a written agreement with the Town of Los Gatos Director of Parks and Public Works, or their representative, whichever time shall be later, as provided in Chapter 11, Article II, of the Los Gatos Town Code, the Town of Los Gatos shall cause such nuisance to be abated, and the expense thereof assessed upon the lots and lands from which, or in the front and rear of which, such hazardous vegetation (weeds) shall have been destroyed or removed, such expense constituting a lien upon such lots or lands until paid, and to be collected upon the next tax roll upon which general municipal taxes are collected.
ITEM NO. 5.
Draft Resolution Adoption Date
ATTACHMENT 1
BE IT FURTHER RESOLVED that the Town Engineer shall execute a "Notice to Destroy Hazardous Vegetation (Weeds)" in the form set forth in Section 11.20.020(b) and shall cause same to be published and posted in the manner prescribed by Section 11.20.020(c).
BE IT FURTHER RESOLVED that on the 21st day of January 2025 at a meeting of the Town Council beginning at 7:00 p.m. in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, California, and via Teleconference, a public hearing will be held during which all property owners in the Town of Los Gatos having any objections to the proposed destruction or removal of such hazardous vegetation (weeds) will be heard and given due consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the ______ day of __________, 2024 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 5.
EXHIBIT A
2025 Weed Abatement Program
Commencement Report
Town of Los Gatos
Situs APN
831 POLLARD RD 406-26-011
102 VIA TERESA 407-12-016
CALLE
MARGUERITA 409-04-049
CALLE
MARGUERITA 409-04-052
WEDGEWOOD AV 409-08-001
17351 WEDGEWOOD AVE 409-14-017
14344 LA RINCINADA DR 409-14-019
14330 LA RINCINADA DR 409-14-020
14341 BROWNS LN 409-14-035
14329 MULBERRY DR 409-15-021
17631 WEDGEWOOD AVE 409-17-010
103 SPORLEDER CT 409-24-035
109 SPORLEDER CT 409-24-036
110 SPORLEDER CT 409-24-037
104 SPORLEDER CT 409-24-038
14810 CLARA ST 409-25-030
14821 GOLF LINKS DR 409-27-005
14885 LA RINCINADA DR 409-32-004
14635 GOLF LINKS DR 409-46-025
215 DRAKES BAY AV 421-27-018
16245 BURTON RD 424-06-115
BURTON RD 424-06-116
14823 LOS GATOS BL 424-07-065
14990
TERRENO DE
FLORES LN 424-10-004
14926 LOS GATOS BL 424-10-009
14911 NATIONAL AVE 424-10-058
142 LESTER LN 424-13-061
16171 SUN RAY DR 424-19-070
15710 WINCHESTER BLVD 424-27-013
17094 SUMMIT WY 424-30-037
LAUREL AV 510-41-068
WOOD RD 510-46-006
WOOD RD 510-46-007
110 WOOD RD 510-47-038
138 WOOD RD 510-47-044
148 HILLBROOK DR 523-11-018
120 HILLBROOK DR 523-11-025
15839 DEL CERRO CT 523-24-036
UNION AVE 523-42-011
72 DRYSDALE DR 527-02-007
101 DRYSDALE DR 527-04-008
ITEM NO. 5.
EXHIBIT A
15777 SHADY LN 527-05-005
CAMINO DEL
CERRO 527-08-001
Situs APN
CAMINO DEL
CERRO 527-08-002
16065
CAMINO DEL
CERRO 527-08-003
16045
CAMINO DEL
CERRO 527-08-009
16300 GREENRIDGE TR 527-12-003
16084 GREENRIDGE TER 527-15-002
LARGA VISTA DR 527-16-013
401 SURMONT DR 527-20-002
14510 BLOSSOM HILL RD 527-23-027
110 BELVALE DR 527-30-020
125 BELVALE DR 527-30-028
175 BELWOOD GATEWAY 527-30-032
14841 BLOSSOM HILL RD 527-42-003
310 SANTA ROSA DR 527-55-036
615 BLOSSOM HILL RD 529-16-026
17045 PINE AVE 529-20-011
BELLA VISTA AVE 529-23-015
BELLA VISTA AVE 529-23-016
401 ALBERTO WY 529-23-018
BELLA VISTA AVE 529-23-019
BELLA VISTA AVE 529-23-020
50 RESERVOIR RD 529-29-065
30 RESERVOIR RD 529-29-066
39 RESERVOIR RD 529-33-022
63 HIGHLAND AVE 529-36-044
140 FOSTER RD 529-37-015
TOURNEY RD 529-39-047
16461 KENNEDY RD 532-17-027
16481 KENNEDY RD 532-17-028
150 BROOKE ACRES DR 532-18-039
17511 PHILLIPS AV 532-39-009
17435 PHILLIPS AVE 532-39-013
17681 FOSTER RD 537-03-036
15310 KENNEDY RD 537-15-001
233 FORRESTER RD 537-21-010
135 WOODED VIEW 537-23-042
15876 SHANNON RD 537-26-009
15780 SHANNON RD 537-26-016
15760 SHANNON RD 537-26-018
209 FORRESTER RD 537-28-005
15975 CERRO VISTA DR 537-30-007
ITEM NO. 5.
EXHIBIT A
20769 LOCUST DR 558-20-089
16380 HARWOOD RD 567-18-068
16220 HARWOOD RD 567-18-076
104
ALMOND
BLOSSOM LN 567-18-077
ITEM NO. 5.
PREPARED BY: Gary Heap
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 6
DATE: November 27, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt an Ordinance Amending Section 15.30.235 of the Town Code to Reduce the Speed Limit on Blossom Hill Road between Santa Cruz Avenue/Winchester Boulevard and Camino del Cerro.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Section 15.30.235, “Establishing Speed Limits on Certain Streets,” of the Town Code Establishing Speed Limits
RECOMMENDATION:
Adopt an ordinance amending section 15.30.235 of the Town Code to reduce the speed limit on Blossom Hill Road between Santa Cruz Avenue/Winchester Boulevard and Camino Del Cerro.
BACKGROUND:
At the regular meeting of November 19, 2024, the Town Council held a public hearing to consider and introduce an ordinance amending Town Code section 15.30.235, “Establishing Speed Limits on Certain Streets,” of the Town Code to reduce the speed limit on Blossom Hill Road between Santa Cruz Avenue/Winchester Boulevard and Camino Del Cerro. The Town Council voted unanimously to approve the introduction of the ordinance.
This ordinance is returning to the Town Council for final adoption. The ordinance will take effect 30 days after its adoption. Signs will be installed once the ordinance takes effect.
COORDINATION:
This report was coordinated with the Police Department, the Town Attorney’s Office, and the Town Manager's Office.
ITEM NO. 6.
PAGE 2 OF 2
SUBJECT: Adopt an Ordinance Amending Section 15.30.235 of the Town Code Establishing Speed Limits
DATE: November 27, 2024
FISCAL IMPACT:
Changing the speed limit on Blossom Hill Road would require the posting of new speed limit signage. There is a need to replace eight (8) 35-mile-per-hour (mph) signs with 30 mph signs.
The cost to replace the signs is approximately $300 per sign for a total cost of $2,400. The adopted Fiscal Year (FY) 2024/25 Parks and Public Works Operating Budget (Streets) includes sufficient funds to cover the cost.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Ordinance
ITEM NO. 6.
1 of 6
Draft Ordinance Adoption Date
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING SECTION 15.30.235, “ESTABLISHING SPEED LIMITS ON CERTAIN STREETS,” OF THE TOWN CODE ESTABLISHING SPEED LIMITS
WHEREAS, the Town recently completed a “road diet” project along Blossom Hill Road between Camilla Terrace and Cherrystone Drive to enhance bicycle and pedestrian safety along the corridor in the vicinity of Blossom Hill Elementary School; WHEREAS, the project resulted in a reduction of vehicle travel lanes along Blossom Hill Road between Camilla Terrace and Cherrystone Drive;
WHEREAS, the Town conducted an Engineering Traffic Survey (ETS) to evaluate the project’s impact on the travel speeds along the Blossom Hill Road corridor between Los Gatos Boulevard and Camino Del Cerro in conformance with California Vehicle Code Section 40802 which requires the reevaluation of non-statutory speed limits on segments of roadways that have undergone significant changes since the last review, such as the addition or elimination of parking or driveways, changes in the number of travel lanes, changes in the configuration of bicycle lanes, changes in traffic control signal coordination, or significant changes in traffic volumes; WHEREAS, the ETS determined that the speed limits along this segment of Blossom Hill Road could be reduced from 35 mph to 30 mph;
WHEREAS, the Parks and Public Works Engineering Division also has an ETS on file that justifies the reduction of speed limits along Blossom Hill Road between Santa Cruz Avenue/Winchester Boulevard and Los Gatos Boulevard from 35 mph to 30 mph; WHEREAS, California Vehicle Code Section 22357 states that, whenever a local authority determines upon the basis of an engineering and traffic survey (ETS) that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may, by ordinance, determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe;
WHEREAS, California Vehicle Code Section 22358.7 authorizes the Town to reduce the speed limit by an additional 5 mph if the roadway is adjacent to any land or facility that generates high concentrations of bicyclists or pedestrians, especially those from vulnerable groups such as children, seniors, persons with disabilities, and the unhoused; and ATTACHMENT 1
ITEM NO. 6.
2 of 6
Draft Ordinance Adoption Date
WHEREAS, the Town Council, acting as the local authority, may reduce the speed limit along Blossom Hill Road between Santa Cruz Avenue/Winchester Boulevard and Camino Del Cerro from 35 mph to 30 mph by ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Section 15.30.235, “Establishing Speed Limits on Certain Streets,” of the Town Code is amended to read as follows:
Sec. 15.30.235. - Establishing speed limits on certain streets.
It is hereby determined upon the basis of an engineering and traffic survey that the following speed limits will facilitate the orderly movement of vehicular traffic and are reasonable and safe and are declared the prima facie speed limits and shall be effective when appropriate signs giving notice thereof are erected upon the street.
Prima Facie Speed Limit Declared 15 mph
Charles Street, from Bella Vista Avenue to Los Gatos Boulevard Marchmont Drive, from Hilow Road to east end
North Santa Cruz Avenue, from Main Street to Los Gatos-Saratoga Road Prima Facie Speed Limit Declared 20 mph
Bella Vista Avenue, from New York Avenue to Caldwell Avenue Cleland Avenue, from Reservoir Road to Kimble Avenue
College Avenue, from East Main Street to Prospect Avenue Cypress Way, from Spring Street to east end
Foster Road, from Johnson Avenue to south Town limits
Jackson Street, from Oak Hill Way to Central Avenue
Kennedy Road, from one thousand nine hundred (1,900) feet east of Forrester Road to east Town limits
Kimble Avenue, from Cleland Avenue to Prospect Avenue
Phillips Avenue, from Cypress Way to South Kennedy Road Reservoir Road, from Cleland Avenue to Prospect Avenue
University Avenue from Main Street to Mullen Avenue
ITEM NO. 6.
3 of 6
Draft Ordinance Adoption Date
Villa Avenue, from Jackson Street to Fiesta Way
Prima Facie Speed Limit Declared 25 mph
Andrews Street, from University Avenue to west Town limits Bicknell Road, from Quito Road to Montclair Road
Capri Drive, from north Town limits to Knowles Drive
Carlton Avenue, from Los Gatos-Almaden Road to National Avenue Cherry Blossom Lane, from Shannon Road to Blossom Hill Road Glenridge Avenue, from Bachman Avenue to Pennsylvania Avenue Harwood Road, from Blossom Hill Road to Town limits
Hernandez Avenue, from Glen Ridge Avenue to Town limits Hilow Road, from Cardinal Lane to Shannon Road
Loma Alta Avenue, from Los Gatos Boulevard to Cypress Way Los Gatos Boulevard, from Alpine Avenue to Roberts East Road East Main Street, from Route 17 to Alpine Avenue
West Main Street, from Broadway to Route 17
Massol Avenue, from Saratoga Avenue to Bean Avenue
Montclair Road, from Quito Road to Bicknell Road
More Avenue, from Pollard Road to Bicknell Road
National Avenue, from Samaritan Drive to Los Gatos-Almaden Road Nino Avenue, from Los Gatos Boulevard to west end
Oka Road, from Lark Avenue to Mozart Avenue
Old Blossom Hill Road from west end to east end
West Parr Avenue, from Pollard Road to Capri Drive
Pennsylvania Avenue, from Bayview Avenue to Wissahickon Avenue Quito Road, from Pollard Road to Bicknell Road
North Santa Cruz Avenue, from Los Gatos-Saratoga Road to Blossom Hill Road
ITEM NO. 6.
4 of 6
Draft Ordinance Adoption Date
South Santa Cruz Avenue, from Main Street to SR 17 ramp Tait Avenue, from West Main Street to Saratoga Avenue
University Avenue, from Mullen Avenue to Blossom Hill Road Wedgewood Avenue, from Pollard Road to Wimbledon Drive
Westhill Drive, from Blossom Hill Road to Bacigalupi Drive Wimbledon Drive, from Winchester Boulevard to Wedgewood Avenue Winchester Boulevard, from Blossom Hill Road to east Vineland Avenue All remaining residential and commercial streets
Prima Facie Speed Limit Declared 30 mph
Blossom Hill Road, from North Santa Cruz Avenue/Winchester Boulevard to Camino Del Cerro
Hicks Road, from Shannon Road to north Town limits
Kennedy road, from Los Gatos Boulevard to one thousand nine hundred (1,900) feet east of Forrester Road
Knowles Drive from Winchester Boulevard to Dell Avenue
Lark Avenue, from Winchester Boulevard to Los Gatos Boulevard Shannon Road, from Los Gatos Boulevard to Short Road
Shannon Road, from Short Road to Hicks Road
Short Road, from Shannon Road to Old Blossom Hill Road
Prima Facie Speed Limit Declared 35 mph
Blossom Hill Road, from Camino Del Cerro to east Town limits Knowles Drive, from Pollard Road to Winchester Boulevard Los Gatos-Almaden Road from Los Gatos Boulevard to east Town limits Los Gatos Boulevard, from Roberts East Road to Samaritan Drive Los Gatos-Saratoga Road from Los Gatos Boulevard to Alberto Way Pollard Road, from Quito Road to Knowles Drive
Union Avenue, from Blossom Hill Road to Los Gatos-Almaden Road
ITEM NO. 6.
5 of 6
Draft Ordinance Adoption Date
University Avenue, from Blossom Hill Road to Lark Avenue Winchester Boulevard, from Vineland Avenue to Knowles Drive Prima Facie Speed Limit Declared 40 mph
Winchester Boulevard, from Knowles Drive to north Town limits (Code 1968, § 16-43.2; Ord. No. 1810, § I, 2-5-90; Ord. No. 1866, §§ I, II, 9-3-91; Ord. No. 2028, §§ I, II, 2-18-97; Ord. No. 2119, §§ I, II, 10-20-03; Ord. No. 2223, §§ I, II, 11-18-13) SECTION II. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION III. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that reducing the speed limit by five miles per hour will not impact the environment (CEQA Guidelines Section 15378).
SECTION IV. Publication.
In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
ITEM NO. 6.
6 of 6
Draft Ordinance Adoption Date
SECTION V. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 19th day of November 2024, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the 3
rd day of December 2024, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 6.
PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Community Development Director, Chief of Police, Finance Director, and Parks and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 7
DATE: November 20, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt an Ordinance to Amend Chapter 14 of the Town Code to Rescind the Existing Pushcart Ordinance and Replace It with a New Sidewalk Vending Ordinance in Compliance with State Law and Amend the Existing Peddler and Solicitor Ordinance to Exclude Sidewalk Vendors From its Provisions.
Ordinance Title: “An Ordinance of The Town Council of The Town of Los Gatos Amending Sections 14.40.010, ‘Definitions,’ and 14.40.015, ‘Nonapplicability,’ of Article IV, ‘Peddlers and Solicitors,’ of Chapter 14, ‘Licenses and Miscellaneous Business Regulations,’ of the Town Code and Replacing Article VII, ‘Pushcarts,’ of Chapter 14, ‘Licenses and Miscellaneous Business Regulations,’ with a New Article VII, ‘Sidewalk Vending.’” RECOMMENDATION:
Adopt an ordinance to amending Sections 14.40.010, ‘Definitions,’ and 14.40.015, ‘Nonapplicability,’ of Article IV, ‘Peddlers and Solicitors,’ of Chapter 14, ‘Licenses and Miscellaneous Business Regulations,’ of the Town Code and Repealing Article VII, ‘Pushcarts,’ of Chapter 14, ‘Licenses and Miscellaneous Business Regulations,’ and replacing it with a New Article VII, ‘Sidewalk Vending’” and amend the existing peddler and solicitor ordinance to exclude sidewalk vendors from its provisions.
BACKGROUND:
At the regular meeting of November 19, 2024, the Town Council held a public hearing to considered the introduction an ordinance amending Town Code Sections 14.40.010, “Definitions,” and 14.40.015, “Nonapplicability,” of Article IV, “Peddlers And Solicitors,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of The Town Code and Replacing Article VII, “Pushcarts,” of Chapter 14, “Licenses and Miscellaneous Business
ITEM NO. 7.
PAGE 2 OF 2
SUBJECT: Adopt an Ordinance Amending the Town Code Chapter 14 Related to “Peddlers and Solicitors” and Replacing Article VII “Pushcarts” with “Sidewalk Vending” DATE: November 20, 2024
Regulations,” with a New Article VII, “Sidewalk Vending.” The Town Council voted unanimously to approve the introduction of the ordinance.
This ordinance is returning to the Town Council for final adoption. The Ordinance will take effect 30 days after its adoption.
COORDINATION:
This report was coordinated with the Town Manager’s Office, the Parks and Public Works Department, the Police Department, and the Community Development Department.
FISCAL IMPACT:
This proposed ordinance revision will not have a fiscal impact.
ENVIRONMENTAL ASSESSMENT:
This ordinance update will not have a significant impact on the physical environment and is therefore not subject to CEQA.
Attachments:
1. Draft Ordinance
ITEM NO. 7.
1 of 15
Draft Ordinance Adoption Date
ATTACHMENT 1
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING SECTIONS 14.40.010, “DEFINITIONS,” AND 14.40.015, “NONAPPLICABILITY,” OF ARTICLE IV, “PEDDLERS AND SOLICITORS,” OF CHAPTER 14, “LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS,” OF THE TOWN CODE AND REPLACING ARTICLE VII, “PUSHCARTS,” OF CHAPTER 14, “LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS,” WITH A NEW ARTICLE VII, “SIDEWALK VENDING” IN THE TOWN CODE
WHEREAS, Town Code Sections 14.40.010 and following currently regulate peddlers and solicitors; and
WHEREAS, Town Code Sections 14.70.010 and following currently regulate pushcart vendors; and
WHEREAS, Senate Bill 946 amended Government Code Sections 51036, limits the regulation of sidewalk vendors by local jurisdictions; and WHEREAS, the Town Code should be updated to reflect the requirements of Government Code Sections 51036 and following;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Section 14.40.010, “Definitions,” of Article IV, “Peddlers and Solicitors,” of the Town Code is amended to read:
Sec. 14.40.010. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Peddler. Any person, who goes from house to house, place to place or to any one (1) house or to any one (1) place, within the Town, selling and making immediate delivery or offering for sale and immediate delivery any goods, wares, merchandise, services or anything of value in the possession of the peddler, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities or services.
Solicitor. Any person, who engages in the business of going from house to house, place to place or to any one (1) house or to any one (1) place, within the Town, selling or taking orders for, or offering to sell or take orders for, goods, wares, merchandise, services or other things of value, for future delivery or for services to be performed in the future, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities or services. (Code 1968, § 19-1)
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Cross reference(s)—Definitions and rules of construction generally, § 1.10.015.
SECTION II. Section 14.40.015, “Nonapplicability,” of Article IV, “Peddlers and Solicitors,” of the Town Code is amended to read:
Sec. 14.40.015. Nonapplicability.
The provisions of this article shall not apply to the following:
(a) Any person peddling or soliciting orders for dairy, bakery, fruit, vegetables, meat, fish or poultry products, or other products intended for human consumption, except ice cream, candy, hot dogs, hamburgers, soft drinks and the like intended for immediate human consumption.
(b) Any person peddling or soliciting subscriptions for newspapers or religious publications.
(c) Any person peddling or soliciting on behalf of a religious, charitable or educational organization.
(d) Any person soliciting for personal services to be performed by the person so soliciting. (e) Sidewalk vendors.
(f) Any other person who files with the Town Clerk an affidavit setting forth the name and address of the affiant and which clearly establishes exemption from the provisions of this article by virtue of the Constitution or Statutes of the United States or of the State.
(Code 1968, § 19-2)
SECTION III. Chapter 14, “Licenses and Miscellaneous Business Regulations,” Article VII, “Pushcarts,” of the Town Code is repealed and replaced with the following:
Sec. 14.70.010. Purpose.
The Council finds and declares as follows:
(a) Sidewalk vending on public streets in the Town serves the general welfare, if such operation is properly regulated by offering variety and convenience in shopping. (b) Without proper regulation, sidewalk vending causes problems of decreased accessibility for persons with disabilities; a lack of adequate access for first responder and emergency personnel; the monopolization of public spaces for private commercial use; traffic safety concerns for motorists, bicyclists, and pedestrians; and a lack of sales tax being collected.
(c) It is therefore necessary to regulate sidewalk vending in such a manner as to obtain benefits for the Town while at the same time minimizing problems. (Code 1968, § 19A.00.010)
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Sec. 14.70.020. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved location. A site approved for location of a sidewalk vendor pursuant to this article.
Food means raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, chewing gum, and any other items defined as food by the California Retail Code.
Food preparation. The cooking or processing of food. It does not include assembling precooked or prepared foods or adding condiments.
Mobile vendor means any person in charge of or driving any motorized mobile vending vehicle requiring a state driver’s license to operate, either as an agent, employee, or otherwise under the direction of the owner.
No vending or limited vending zone means an area where sidewalk vending is prohibited or limited due to objective public health, safety, or welfare concerns. The Town Council may establish no vending or limited vending zones by resolution, as set forth in this Chapter.
Permittee. Any person holding a valid sidewalk vending permit under this article. For purposes of this article, the act or omission of an agent or employee of any permittee is for all civil purposes the act or omission of the permittee.
Roaming sidewalk vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
Sidewalk vending means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food, goods, or merchandise on any public sidewalk, paved pedestrian path, park, or other public property, with or without the assistance of a vending device, or to require someone to pay a fee or to set, negotiate, or establish a fee before providing any such food, goods, or merchandise, even if characterized by the sidewalk vendor as a donation.
Sidewalk vendor means a person who sells food or merchandise from a vending device or from one’s person, upon a public sidewalk, paved pedestrian path, park, or other public property. This term is inclusive of both roaming and stationary sidewalk vendors.
Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location.
Vending device means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, nonmotorized conveyance (including trailers), freestanding table, chair, box, stand, or any container, structure, or other object used or capable of being used for holding, selling, advertising, or displaying tangible things, together with any associated seating facilities.
Vending device does not include any street furniture such as benches or planters, any other structure permanently installed by the Town of Los Gatos or with the consent of the Town of Los Gatos.
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Enforcement official means the Town Manager or designee, a Town code enforcement officer, a Parks Service Officer, and any Police Department sworn personnel and community service officers.
(Code 1968, §§ 19A.05.010—19A.05.050)
Cross reference(s)—Definitions and rules of construction generally, § 1.10.015.
Sec. 14.70.030. Sidewalk Vending Permit Required.
(a) Sidewalk vending is not permitted without a sidewalk vending permit issued by the Town.
(b) A sidewalk vending permit shall only permit the operation of one vending device at any one time.
(c) No permit granted pursuant to this Chapter shall be transferable. (d) An approved stationary sidewalk vending permit grants the permittee the privilege of occupying a particular portion of the public path or sidewalk for the purpose of conducting the approved vending business. An approved stationary vending permit does not grant the permittee any estate or other property right or interest to operate at the location for which the permit is issued and/or to operate at any location in the public street.
Sec. 14.70.040. Sidewalk vending permit application and fees. (a) To apply for a sidewalk vending permit, the sidewalk vendor applicant must file an application with the Town. The application shall be in a form developed by Town staff and shall contain the following:
1. The legal name and current address, telephone number, and email address of the applicant, who must be a natural person (i.e., an individual human being and not a corporation, firm, partnership, etc.), a copy of the applicant’s California driver’s license, California identification card, U.S. passport, individual taxpayer identification number, federal identification number, or other identification number or card issued by a foreign government;
2. If sidewalk vending as a representative of a firm, association, or partnership, the name and address thereof and the names and residences of partners or association members. If sidewalk vending as a representative of a corporation, the name and address thereof and the names and residences of officers and a local manager;
3. A Statement of Operations which includes the type of operation (mobile or stationary), description of the food or merchandise offered for sale, hours of operation, and location of operation;
4. Copies of all required licenses and permits, including but not limited to, a Town of Los Gatos business license, California seller’s permit, and copies of all permits and approvals needed from the County of Santa Clara Department of
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Environmental Health. Each separate concurrently operating vending location requires its own business license and sidewalk vending permit.
5. The following release, indemnification, and acknowledgement requirements:
(i) An agreement by the applicant to waive and release the Town and its officials, agents, employees, contractors, and volunteers from and against any and all claims, costs, liabilities, expenses, or judgements (including attorneys’ fees and court costs) related to or arising out of the applicant’s sidewalk vending activities.
(ii) An agreement by the applicant to, to the greatest extent allowed by law, defend, indemnify, and hold harmless the Town, its officials, agents, employees, contractors, and volunteers from and against any and all claim related to or arising out of the applicant’s sidewalk vending activities.
(iii) An acknowledgement and agreement that the applicant’s use of the sidewalk or other Town facilities is at the applicant’s own risk, and it is not the Town’s responsibility to ensure that the vending location is safe or conductive to the vending activities.
6. Photos, dimensions, and a description of the vending device that will be used. If the vending device is mobile, the application shall also contain all applicable vehicle identification information including VIN, make, model and engine number;
7. An acknowledgement of having read and an agreement to abide by this Chapter; and
8. Commercial general liability, automobile, and workers compensation insurance policies and other such policy as the Town shall require. (Code 1968, § 19A.15.060)
Cross reference(s)—Health and sanitation generally, Ch. 13; sewers and sewage disposal, Ch. 22.
Sec. 14.70.050. Sidewalk vending permit approval, conditions, denial, or revocation. (a) A sidewalk vending permit shall be approved unless it is determined that:
(1) Information contained in the application, or supplemental information requested from the applicant, is incomplete or false in any material detail; or (2) The proposed operations are contrary to the provisions and operating standards of this Chapter;
(3) The applicant has failed to pay or otherwise resolve any previous administrative citations associated with a previous violation of this Chapter;
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(4) The location of the proposed vending operations has already been approved for another use (including other vending operations) at the time the applicant proposes to vend at the subject location; or
(5) The proposed vending operations are in violation of any federal, state, or local law or ordinance and/or the Town’s approval of a sidewalk vending permit would be contrary to legal requirements applicable to the Town.
(b) Reasonable sidewalk vending permit conditions, regulating the time, place, and manner of sidewalk vending may be added.
(c) If the permit is denied, written notice of such denial and the reasons therefore will be provided to the applicant.
(d) A sidewalk vending permit may be revoked for violation of this Chapter. A sidewalk vendor whose permit is revoked may apply for a new sidewalk vending permit upon the expiration of the term of the revoked permit.
(e) An applicant may appeal the decision to deny, revoke, or condition the application to the Town Manager within ten business days of the decision. An appeal hearing will be held by the Town Manager or their designee within ten business days from the date the appeal is received. At the hearing, both the applicant and the staff member denying the permit shall have the right to appear and to present evidence and arguments relevant to the grounds on which the decision to deny the application is appealed. The burden of proof shall be on the applicant to show that they meet the qualifications for a sidewalk vending permit. The decision of the Town Manager, or their designee, shall be final and conclusive upon the applicant.
(Code 1968, § 19A.15.080)
Sec. 14.70.060. Sidewalk Vending Permit Expiration and Renewal.
A sidewalk vending permit shall be valid for twelve months from the date of issuance, except that a sidewalk vending permit shall be deemed null and void upon the revocation or expiration of: a) the related Town-issued business license, b) a required permit from the County of Santa Clara Department of Environmental Health, and/or c) the California seller’s permit issued pursuant to Revenue and Taxation Code Section 6067.
Sec. 14.70.070. Sidewalk Vending Standards.
Sidewalk vendors shall comply with the following standards in order to preserve Town infrastructure, prevent unreasonable conflicts with pedestrians and vehicular traffic, prevent improper disposal of trash, and to assure that pedestrians (including pedestrians with disabilities) have adequate and accessible thoroughfares, to minimize trip and fall hazards, to
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address driver visibility or distraction concerns, and to address other public health, safety, and welfare concerns.
(a) Location.
(1) Sidewalk vending is only permitted on paved surfaces. (2) To maintain accessibility, sidewalk vendors shall not place or allow any obstruction to be placed on the sidewalk or pedestrian pathway that would reduce the width of the sidewalk or pedestrian pathway below five feet or one-half of the sidewalk, whichever is greater, excluding curb, and excluding any sidewalk areas that are made non-passable due to any natural barriers or other existing conditions or obstructions such as posts, parking meters, street trees, planters, or signs that are located on the sidewalk, except for the brief duration of time for a roaming sidewalk vendor to conduct a sale. Sidewalk vendors shall maintain their vending devices at all times in a manner that provides sufficient access to the sidewalk and avoids impeding the flow of pedestrian traffic. At no time may a sidewalk vendor operate in such a fashion that would violate or cause a violation of the Americans with Disabilities Act or state law on accessibility, or cause the sidewalk to narrow in a fashion that violates the accessible path of travel for persons with disabilities, including persons who use wheelchairs or other mobility devices. (3) Sidewalk vendors are prohibited within 200 feet of an intersection. (4) Sidewalk vendors shall not interfere with access or use of Town infrastructure, including Town benches, bike racks, wheelchair access ramps, stairs, parking meters, trash receptables, or recycling receptables.
(5) Sidewalk vendors shall maintain a clear distance of 48 inches from any fire hydrant, emergency exit, or other emergency facility; (3) any curb which is designated as white, yellow, green, blue, or red zone, or a bus zone; (4) any entrance or exit to a building, facility, or stairway access point; or (5) any driveway or driveway apron.
Vending or operating in a way that violates the accessible path of for persons with disabilities is per se unreasonable.
(6) Stationary sidewalk vendors shall not locate their vending device over or within fifteen feet of a storm drain.
(7) Vendors may not operate within twenty-five feet (25’) of an automatic teller machine (ATM).
(8) At locations where on street parking is angled to the curb, the vending device or area shall be set back three feet (3’) from the curb face.
(b) Display.
(1) In no event may a sidewalk vendor’s total operational size (including any vending display device) exceed fifteen square feet.
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(2) Vending devices shall be at least 18 inches in height. No person engaged in sidewalk vending may display or sell their wares on the ground, or on a cloth, tarp, or other similar material on the ground.
(3) No permittee shall employ or have any movable or permanent stands, tables, chairs or devices other than the permitted stand or pushcart and one (1) chair for the permittee situated at any approved location.
(4) No food sidewalk vendor may be accompanied by or in the custody or possession of an animal, except a service animal.
(5) Sidewalk vendors shall not use easy-ups, tents, or similar shade structures. (c) Operations.
(1) Sidewalk vendors shall not vend to occupants of motorized vehicles in operation. (2) Sidewalk vendors shall not cause onlookers, customers, or others to obstruct the accessible path of travel for persons with disabilities, or the free flow or view of pedestrian or vehicular traffic.
(3) To maintain the free movement of pedestrians and/or vehicles, sidewalk vendors shall not use signs in connection with the sale, display, or offering for sale of items, except for those signs affixed to or painted on a vending device and that are no larger than the vending device itself.
(4) Sidewalk vendors must provide a trash receptable for customers and employ good faith efforts to ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations and/or the vendor’s customers within a twenty-foot radius of the vending location. Sidewalk vendors are responsible for disposing of the trash or any residue associated with their business and may not use Town receptables for this purpose.
(5) At all times while vending, food sidewalk vendors shall possess and display in plain view on the vending device a valid permit from the County of Santa Clara Department of Environmental Health.
(6) At all times while vending, sidewalk vendors shall possess and display in plain view on their person or on their vending device a valid sidewalk vending permit issued pursuant to this Chapter and a valid business license issued in accordance with Chapter 14 of the Town Code. A properly permitted sidewalk vendor must remain on site for all vending activities.
(7) Vending devices shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects
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within the public right-of-way. No vending devices shall become a permanent fixture on the vending site or be considered an improvement to real property. (8) Vending devices shall not be left or stored unattended on public property or within the public right-of-way.
(9) Sidewalk vendors shall not vend or distribute: (1) live animals, wildlife, fish, fowl, or insects; or (2) items that are otherwise illegal to sell or distribute under other laws (such as unlawful narcotics, cannabis, weapons, and counterfeit merchandise). Note that the unlawful possession or distribution of items is punishable according to the terms of applicable federal, state, or local law making such possession or distribution illegal.
(10) Sidewalk vendors shall not use sidewalks or public property as storage for extra inventory, merchandise, or personal belongings, except for: (1) vending devices, items placed on or in vending devices, and associated seating; and (2) personal belongings wholly contained underneath or inside or a vending device. (11) No person shall use any street furniture, including any bench, planter, utility cabinet, or other street furniture or structure permanently installed on public property, for the display, sale, or distribution of food, goods, or merchandise. (12) Trailers are not permitted on the sidewalk pursuant to California Vehicle Code 22500(f). Violation of this rule is punishable in accordance with the terms of the California Vehicle Code.
(13) Sidewalk vendors shall not connect to Town-owned utilities such as, but not limited to, electric boxes, water lines, and gas lines. (14) Vendors shall not allow customers in their queue or encourage customers to interfere with or obstruct public right-of-way, paved pedestrian pathways, or traffic. (15) In order to minimize noise impacts on residential units, in mixed use areas, a vendor may only engage in sidewalk vending between the hours of 9 a.m. and 5 p.m., or during hours of operation of adjacent businesses or uses on the same street, whichever is later.
(16) Sidewalk vendors shall be responsible for their own compliance with all applicable federal, state, and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulation; noise standards; alcoholic beverages, tobacco products, cannabis, electronic cigarette, smoking devices and controlled substances regulations; sanitation and health standards and the American with Disabilities Act and other disability access standards (both state and federal).
(17) Sidewalk vendors shall not operate or vend in a way that violates the terms of conditions of their sidewalk vending permit.
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(18) No permittee shall use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of a pushcart.
(19) Food preparation is prohibited. Only ready-to-eat food may be sold.
Sec. 14.70.080. Restricted vending times and locations. (a) Stationary sidewalk vending is not permitted in the following areas:
(1) In any Town park when the park is closed or where the Town has entered into an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
(2) In areas that are zoned exclusively residential.
(3) Within 300 feet of a permitted certified farmers’ market during the limited operating hours of that certified farmers’ market or a special event for which a special event permit has been issued during the hours of that special event. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter.
(4) Within 400 feet of a school between the hours of 7:00 a.m. and 4:00 p.m. on school days.
(5) Within 600 feet of any entertainment establishment between the hours of 10 p.m. and 2 a.m.
(6) Within 200 feet of another sidewalk vendor.
(7) Within 50 feet of a location subject to a special event permit. (b) Both stationary and roaming sidewalk vending shall not be permitted on a bike path, a street (including within on-street parking spaces), within a driveway, or in a public parking lot.
(c) In order to vend at Town parks, a park permit is required. (1) A maximum of one vendor is permitted at each Town park. (2) Vendors in parks are limited to two consecutive days within each 30-day period. measured on a rolling basis.
(3) Vendors in parks are permitted only on paved surfaces within 20 feet of a park entrance.
(4) Vendors is parks are subject to the same permit requirements and fees as are imposed for vending permits outside of parks.
(d) The Town Council may, by resolution, designate no vending or limited vending zones due to objective health, safety, or welfare concerns. In designating a no vending or limited
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vending zone, the Town Council shall first determine that vending without limitation in the area would impede or interfere with public health, safety, or welfare. (e) This Section shall not be construed as prohibiting events that are conducted pursuant to, and in accordance with, a special event permit issued by the Town. (Code 1968, § 19A.15.030)
Sec. 14.70.090. (Code 1968, § 19A.15.040)
Cross reference(s)—Food and food establishments generally, Ch. 10.
Sec. 14.70.100. Compliance with other laws.
Every permittee shall at all times have a valid business license. If food is being sold, a permit is also required from the County Health Department. Every permittee shall also comply with sections 28640 et seq. of the California Health and Safety Code. (Code 1968, § 19A.15.050)
Sec. 14.70.120. Administrative Citations.
(a) Unless otherwise provided, a violation of this Chapter by a sidewalk vendor who has a valid sidewalk vending permit from the city is punishable only by an administrative citation, in the amounts not to exceed the following:
(1) One hundred dollars ($100) for a first violation
(2) Two hundred dollars ($200) for a second violation within one year of the first violation.
(3) Five hundred dollars ($500) for each additional violation within one year of the first violation.
(b) Unless otherwise provided, a person engaged in sidewalk vending without a valid town sidewalk vending permit shall be issued an administrative citation in amounts not to exceed the following, in lieu of the amounts set forth in subsection (a):
(1) Two hundred fifty dollars ($250) for a first violation. (2) Five hundred dollars ($500) for a second violation within one year of the first violation.
(3) One thousand dollars ($1,000) for each additional violation within one year of the first violation.
(c) A person issued an administrative citation pursuant to subsection (b), upon submitting proof of a valid sidewalk vending permit issued by the Town within ten calendar days of the date a citation is issued, may have the amount of their citation reduced to amounts set forth in subsection (a).
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(d) Unless otherwise provided, a violation of this Chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law. (e) If an individual violated this Chapter and is issued an administrative citation, that person is required to come into reasonably prompt compliance with this Chapter. If a cited individual continues to operate unlawfully and/or fails to come into reasonably prompt compliance with this chapter, the individual may be issued a subsequent administrative citation on the same day, so long as at least one hour has passed between each administrative citation.
(f) In order to facilitate the administration of this Chapter, Town enforcement staff are authorized to ask sidewalk vendors who are reasonably believed to be vending in violation of this Chapter for their identification card, or other identifying information, and said individuals are required to provide such information to the requestion enforcement staff.
(g) A person who is issued an administrative citation(s) may contest the citation subject to the requirements and procedures of Chapter 1 of this Code. If the contest of the citation is successful, the hearing officer shall order the Town to return the fee paid for contesting the citation.
(h) The Town shall also provide a person who receives a citation with a notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at any time before the assessed fine is paid, including while a judgment remains unpaid, when a case is delinquent, or when a fine has been referred to a comprehensive collection program. There shall be no charge for an ability-to-pay determination.
(i) If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the Town shall accept, in full satisfaction, twenty percent of the fee assessed for an administrative citation imposed pursuant to this Chapter. (j) The Town may develop processes or regulations that would (1) allow for a person to complete community service in lieu of paying the total administrative fine; (2) provide for waivers of the administrative fine; or (3) provide for the offering of alternative dispositions.
(k) Administrative citations issued under this section shall include the following notice: “You have a right to contest this citation within thirty (30) calendar days by completing a request for hearing form and returning it to the Town Clerk. If you do not contest the citation, you waive your right to contest it. You also have the right to request an abilityto-pay determination at any time before the assessed fine has been paid.”
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(l) Failure to pay the assessed fine issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed for failure to pay an administrative citation fine.
(m)No person shall willfully interfere with or obstruct any Town code enforcement officer, community services officer, or police officer in their enforcement of the provisions of this chapter. Willful (1) failure to properly identify oneself done for the purpose of attempting to evade an administrative citation, and/or (2) interference with or obstruction of an impoundment authorized pursuant to this Chapter shall constitute unlawful interference or obstruction under this subsection. Violation of this subsection is a misdemeanor.
(Code 1968, § 19A.15.100)
Sec. 14.70.130. Impoundment.
(a) The Town may impound vending devices, food, goods, and/or merchandise that:
(1) Reasonably appear to be abandoned on public property; or (2) Are displayed, offered, or made available for rent or sale by sidewalk vendor who (A) operates in violation of this chapter; and (B) refuses or fails to provide identification, as required by this Chapter refuses to remove their vending device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a Town enforcement official; or
(3) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who (A) does not possess a valid applicable sidewalk vending permit; and (B) also refuses to remove their vending device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a Town enforcement official; or (4) Is (A) creating an imminent and substantial safety or environmental hazard by the location of the vending device or the nature of the goods being offered for sale, and (B) refuses to remove their vending device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a Town enforcement official; Or (5) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who has, within a twenty-four-month period, been found responsible for violating this Chapter four or more times.
(b) The Town may immediately dispose of impounded materials that are perishable or cannot be safely stored.
(c) An aggrieved vendor may, within ten days, appeal the impoundment of their property by requesting an administrative hearing before a hearing officer appointed by the Town. and if successful in their appeal, may have their property returned without paying an impound fee. The appeal hearing shall be conducted pursuant to the administrative
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enforcement hearing. Any appeal fee paid by the sidewalk vendor shall be returned to the sidewalk vendor if they are successful on appeal.
(d) An individual may recover impounded materials upon paying applicable impound fees and demonstrating proper proof of ownership.
(e) The Town Council may by resolution adopt impound fees, which shall reflect the Town’s enforcement, investigation, storage, and impound costs. (f) Any unclaimed items will be considered abandoned and forfeited to the Town after ninety days following impoundment.
SECTION IV. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION V. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION VI. Publication.
In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
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SECTION VII. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 7.
PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 8
DATE: November 20, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt an Ordinance to Amend Chapter 29 of the Town Code to Adjust the Permitted Size of Signs at Intersections, Clarify Regulations Applicable to Temporary Signs on Private Property, and Prohibit Temporary Signage on Public Property.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning Regulations,” Article I, “In General,” Division 3, “Signs”
RECOMMENDATION:
Adopt an Ordinance to amend the Town Code Chapter 29, “Zoning Regulations,” Article I, “In General,” Division 3, “Signs” to adjust the permitted size of signs at intersections, clarify regulations applicable to temporary signs on private property, and prohibit temporary signage on public property.
BACKGROUND:
At the regular meeting of November 19, 2024, the Town Council held a public hearing to consider the introduction of an ordinance to amend the Town Code Chapter 29, “Zoning Regulations,” Article I, “In General,” Division 3, “Signs” to revise Sections 29.10.110(15) to clarify the regulations applicable to temporary signs on private property, 29.10.115(8) to prohibit signs of any kind on objects in the public thoroughfare, and 29.10.115(15) to prohibit both temporary and free-standing signs in the public thoroughfare. The Town Council voted unanimously to approve the introduction of the ordinance.
This ordinance is returning to the Town Council for final adoption. The ordinance will take effect 30 days after its adoption.
ITEM NO. 8.
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SUBJECT: Adopt Ordinance Amending Sign Ordinance
DATE: November 20, 2024
COORDINATION:
This report was coordinated with the Town Manager’s Office and the Community Development Department.
FISCAL IMPACT:
This proposed ordinance revision will not have a fiscal impact.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Sign Ordinance
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DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” ARTICLE I, “IN GENERAL,” DIVISION 3, “SIGNS,” OF THE TOWN CODE REGARDING SIGN REGULATIONS WHEREAS, the Town’s Sign Ordinance is codified at Sections 29.10.100 through 29.10.140 of the Town Code and was most recently amended in May of 2024 in order to remove contentbased regulations; and WHEREAS, based on experience with application of the ordinance since then and in order to make the ordinance clearer, staff recommends minor edits to: specify that Section
29.10.110(15) addresses temporary signs on private property, Section 29.10.115(8) prohibits signs of any kind on objects in the public thoroughfare, and Section 29.10.115(15) prohibits both temporary and free-standing signs in the public thoroughfare; and WHEREAS, the proposed revisions were presented to the Planning Commission and the Planning Commission has reviewed the proposed revisions and recommended that the ordinance be introduced at a Town Council meeting.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
The following sections of the Town Code are amended to read as follows:
SECTION I. Section 29.10.100, “Definitions,” of the Town Code is amended to read as follows:
Section 29.10.100. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned sign means a sign located on a parcel of land or on a structure either of which is vacant for a period of ninety (90) days, a sign pertaining to a past occupant or business different from the present occupant of or business on the premises, a sign pertaining to a past event or any sign abandoned as the term is used in state law.
Arcade means a covered passageway with business establishments along at least one (1) side.
Attached sign means a sign which is affixed to and made an integral part of a building or structure. Attached signs include, but are not limited to wall signs, roof signs, and projecting signs, to distinguish them from freestanding and ground signs.
ATTACHMENT 1 Page 53
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Attraction board is a sign constructed so that letters or other advertising material can be changed, and which relates to businesses or organizations which depend, on a large part, upon trade and attendance generated by temporary, independent and frequently changing events or showing, such as those engaged in providing live or filmed entertainment or sporting events.
Awning is synonymous with marquee.
Billboard means a sign, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a place other than where the sign is erected. Included are signs erected upon benches.
Bulletin board is a sign located on the same premises as a church, school, hospital, or public building, and allowing changeable messages.
Business frontage is that portion of a building which faces a street, parking lot, pedestrian mall, arcade or walkway. The primary business frontage is one which contains a customer entrance or which includes a glass-enclosed showroom facing the street. If a building has more than one (1) business frontage with a customer entrance, the property owner must designate one (1) of them as the primary business frontage. Unless otherwise stated, the phrase "business frontage" means "primary business frontage." All other business frontage is secondary frontage. As used in this section, "parking lot" means either a publicly owned and operated parking lot or a parking lot located on the same parcel as the business frontage.
Canopy is synonymous with marquee.
Conformance means the state of being in conformity with the provisions of this division, either because of reconstruction or modification pursuant to a sign permit, or because of removal or obliteration.
Construction sign is a sign located on a construction site during the course of construction, which identifies the architects, engineers, contractors, financiers or other persons and other individuals or firms involved with the construction, or announcing the building, enterprise or function for which the construction is intended.
Convenience sign is a sign which facilitates traffic flow and safety, not erected by a governmental agency, such as entrance-exit, caution, parking, right or left turns only, stop, drive-up window, or towaway zone.
Entity means any person and any distinct business enterprise even where adjacent business enterprises are owned or operated by a single person.
Erect means to construct, place, relocate, enlarge, alter, attach, suspend, paint, post, display, hang, or affix.
Face of a sign is the portion or portions of the exterior surface of a sign intended to or particularly adapted either to display an advertising message or to attract attention to the sign.
The face of a sign is often the front, but may be any surface including a rear or blank portion. A sign may have more than one (1) face and may be virtually all face. The fact that no message is imprinted on a portion of a sign does not necessarily prevent that portion from being a face, as in the case of a flat sign erected near and perpendicular to a street. Such sign would have two
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(2) faces even if one (1) were blank. In determining what constitutes a sign face, weight will be given to whether the particular aspect in question is readily viewable from public property or any premises other than those where the sign is erected, but a sign face may exist even where the face is visible only from some part of the premises where the sign is erected if the face is viewable from out-of-doors and the other elements of the definition of face are present.
Usually, all of one (1) face is visible from one (1) point. Where, for example, several "boards" of a sign are erected on a single plane or parallel planes, they together comprise one (1) face, and are measured within a single perimeter, including the spaces between them.
Freestanding sign is a sign which is wholly or partly supported by a structural element which is not an integral part of a building.
Ground sign is a freestanding sign less than seven (7) feet high.
Height of a freestanding sign is the elevation above finished grade of the highest point of either the sign or the stand, poles, wall or other structure upon which it is mounted. Finished grade is the general finished ground surface where the sign is erected, not taking into account mounding or other alterations to the surface made in regard to the sign. However, where finished grade is below the elevation of the top of the curb on the frontage where the sign is erected, or if there is no curb below the elevation of the margin of the street surface, height is the elevation above the top of the curb, or at the margin of the street surface if there is no curb. The point on the curb or the margin of the street surface to be used as a base point for measurement is the point intersected by a line drawn perpendicular to the centerline of the street which intersects the center of the base of the sign.
Lot frontage means the property line of a lot abutting on a public street which affords access to the lot. In the case of a corner lot and other lots which are bordered on more than one (1) side by a street, lot frontage is the lot line in respect to which the business for which the sign is provided has its primary business frontage.
Marquee means a temporary or permanent structure attached to or supported by a building, designed for shelter over a pedestrian or vehicular way and which may or may not project over public property.
Neighborhood identification sign is a ground sign situated where a street enters a residential neighborhood, which serves only to identify the neighborhood.
Nonconforming sign is one which was lawfully erected but which does not comply with this division because of:
(1) Annexation of territory to the Town;
(2) Amendment to the zoning ordinance;
(3) Rezoning, other than rezoning when the application for rezoning is made by or joined in by the owner of the real property where the sign is located.
However, a sign which was lawfully erected but which does not comply with this division because of:
(1) Division of real property where the sign is located;
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(2) Alterations to any building on the lot or parcel where the sign is located; or (3) Rezoning, when the application for rezoning was made by or joined in by the owner of the real property where the sign is located;
is not a nonconforming sign. A sign may be a nonconforming sign because of a single characteristic, such as height or brightness, correction of which may result in conforming status for the sign, or a new amortization date. This section does not list all classes of signs which are not nonconforming signs.
Off-premises sign is any sign not located on the same parcel as the entity it advertises.
Pedestrian directional sign is an on-premises sign which shows the direction to or location of a customer entrance to a business.
Portable sign is a sign which is movable, not structurally attached to the ground, nor to a building, structure, or sign. "A"-frame and sandwich signs are portable signs.
Projecting sign is any sign erected on the wall of a building or structure, or suspended from an overhang, with display surfaces generally not parallel to the wall.
Roof sign is an attached sign erected on a roof or projecting above the eave or rake of a building or coping of a parapet. A sign erected on top of a canopy, arcade, awning or marquee is a roof sign.
Sign is any thing, or element of a thing, located out of doors or in a place where it is visible from out of doors, created, adapted, or installed, by a person for the primary and apparent purpose of communicating a message, and may include supports, standards and fixtures. A color scheme or special lighting effect on the exterior of a building is a sign where the placement of the colors or lighting effect in relation to the building create a primary effect of advertising. Exceptions:
(1) Merchandise on display is generally not a sign because merchandise is ordinarily possessed for the primary purpose of permitting sales from stock on hand. A merchandise display located at a distance from the point of sale or displayed in the unusual manner might constitute a sign.
(2) A structural element of a building or the supports, standard, or fixtures of a sign would not be a sign where the element is related to reasonable structural necessity, and the circumstances show that the element is not intended to be identified by viewers with the sale or promotion of goods or services. (3) Nighttime, white illumination, within reasonable brightness limitations, of a building or of merchandise is not of itself a sign, where the result is only to make visible without undue emphasis that which can be seen in the daytime.
Sign area is the total area of the face or faces of a sign. Each face is measured by determining the smallest area within a single perimeter composed of not more than eight (8) straight lines drawn by the applicant enclosing the extreme limits of the face. Where a sign consists of letters or symbols on a wall, the wall is not designed so that one (1) of its main purposes is to support a sign, and the sign's background is an indistinguishable part of a wall.
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For the purposes of measurement a six-inch margin around all of the words and symbols will be included in the perimeter composed of not more than eight (8) straight lines.
Sign permit is the permit issued by the Planning Director to evidence approval by any of the bodies or person authorized by this division to erect a sign.
Temporary sign is a sign, usually constructed of cloth or fabric, cardboard, wallboard, wood or other light materials, intended to be displayed for fewer than 90 days or a short period of time as set forth elsewhere in this Division. Examples of temporary signs are yard signs, for sale signs, for rent signs, flags, balloons, and banners.
Time and temperature sign is a sign which shows time and/or temperature and which contains no advertising.
Vehicular directional sign is an off-premises sign which shows the direction to or location of a use or activity.
Wall is a surface which has a slope steeper than one (1) foot horizontal to two (2) vertical.
Wall sign is a sign erected on a wall or fascia of a building or structure (other than a structure, one (1) of whose main purposes is to support a sign), the face of which is generally parallel to the wall or fascia and all of which is below the coping of the parapet, below the rake, the top of the fascia, the eave line, or in any event, below the top of the structure. A sign which meets the definition of this section but is erected between posts, pillars, or columns which support a roof or second story, rather than on a wall, is also a wall sign. A sign which is erected on and incidental to a freestanding wall or fence, including any gateway portion of a wall or fence, is also a wall sign.
Window sign is a sign which is displayed in or through a window, is less than twenty-four (24) inches inside glass, and is visible from a street, walkway, parking lot, or pedestrian plaza, any of which is accessible to the public.
Yard sign is a temporary freestanding sign that is supported by a frame, pole, or other structure placed directly in or upon the ground on private property.
SECTION II. Section 29.10.105, “Generally,” of the Town Code is amended to read as follows:
Section 29.10.105. Generally.
(a) Application. The regulations in this Division apply to all signs in all zones. Regulations of the number and area of signs refer to the signs allowed on a parcel, except where the regulations prescribe the number and area of signs allowed on a business frontage. (b) Intent. The intent of this Division is as follows:
(1) The Town is a predominantly residential community of natural beauty, distinctive architecture and historic character. The economic stability of the Town is dependent upon its high quality and Town-oriented, commercial and residential environment.
Unregulated and uncontrolled erection and maintenance of advertising structures
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tends to create a garish and gaudy atmosphere which is not in harmony with the character and environment of the business or residential community. (2) The purpose of a sign is to inform the general public that a business enterprise and function exists in the Town.
(3) This Chapter recognizes the right of the public to be directed, warned, advised, and informed; and also recognizes the economic need for a sign to function as a means of identification, expression of business character, and positive notification of product and service availability for consumption.
(4) This Chapter regulates the location, height, width, shape, proportion, design, illumination and construction (except as provided by building codes) of signs for the purpose of insuring that they are architecturally compatible with the planned image of the Town.
(5) The purpose of this Chapter is to assist in the continuation of existing and introduction of new commercial activities in architectural harmony with the existing and planned Town, to take advantage of the unusual character of the Town and to encourage proper maintenance and rehabilitation of real property. To accomplish this:
a. Local public values must be balanced with general public rights and economic functions related to signs.
b. The size of a sign must be prevented from overpowering its surroundings or becoming a determinant factor in consumer evaluation of competitive enterprises.
c. The shape of a sign must not conflict with the architectural lines of its setting. d. A sign must be prevented from overpowering its surroundings through hue, saturation, and brilliance or close combination of incompatible colors. e. Normal maintenance and speedy repair is required for all signs. (c) Permits. Sign permits must be obtained before erection of all signs, except as provided by section 29.10.110. A building permit may be required by another ordinance. (d) Variances. The provisions of this Chapter concerning variances are not available to modify the terms of this division.
(e) Authority to erect. No sign shall be erected without the express permission of the landowner. A lease to a lessee would be sufficient evidence of the authority to erect a sign. (f) Noncommercial Signs. Notwithstanding any provision of this Section, signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs.
SECTION III. Section 29.10.110, “Exceptions,” of the Town Code is amended to read as follows:
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Section 29.10.110. Exceptions.
A sign permit is not required for the signs described in this Section. The number and area of these signs are regulated only by this Section and they are allowed in addition to signs of other classes.
(1) House numbers, traffic, etc. House numbers, street names, signs warning against danger, railroad crossing signs, authorized traffic or parking signs and rural delivery boxes.
(2) Nameplates. Nameplates having an area not over one and one-half (1½) square feet, affixed flat against the wall of a building, which only show the name or address of a person or persons or entity occupying the area, up to a limit of six (6) plates per building.
(3) Building directories. Building directories for buildings with more than six (6) tenants, the sign having an area not over nine (9) square feet, affixed flat against the wall of a building, which only show the name or address of the persons or entitles occupying the building.
(4) Plaques. Solid metal plaques or cut inscriptions, either erected by recognized historical agencies, or which show names of buildings and dates of erection, provided the sign does not exceed four (4) square feet in area.
(5) Temporary Signs.
a. On Fence or Building. One (1) nonilluminated sign on each street frontage for any fence or building where the sign is located, provided the sign does not exceed twelve (12) square feet in area if the sign is in a commercial, professional or industrial zone, or six (6) square feet in area if the sign is in a residential zone. This exception is only available when all or part of the premises is actually available for sale or lease. b. At Intersection or on Parcel. Nonilluminated, off-site, portable signs are permitted, unlimited in total number, but limited to one (1) double-faced sign per corner of an intersection or parcel. The signs shall not exceed an area of two (2) feet by two (2) feet per face and shall not be more than four (4) feet high Prior permission shall be obtained from the property owner if the sign is to be placed on a privately owned parcel. The signs shall be removed each day. Such signs are an exception to the rule prohibiting off-premises signs and signs on public property. (6) Interior signs. Signs in the interior of a building, enclosed lobby or court, not visible from the outside and signs not visible from off the premises. (7) Convenience signs. Convenience signs not exceeding two (2) square feet in area providing directions only. Exception: Hospital emergency signs may be as large as four (4) square feet and may be illuminated.
(8) No trespassing signs. "No trespassing" or "no dumping" signs not exceeding three (3) square feet in area.
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(9) Window signs. Window signs not exceeding twenty-five (25) percent of the window area.
(10) Parking signs. Not more than one (1) parking control sign for each parking entrance, not exceeding an area of two (2) square feet. Parking control signs may contain the name(s) of the business(es) controlling the parking lot. (11) Public notices and warnings. Notices posted by a public officer in the performance of a public duty, or by any person for the purpose of giving legal notice, and warning or informational signs required or authorized by governmental regulations. (12) Recycling and vending facilities. Recycling and vending facility signs shall not exceed two (2) square feet, plus one (1) square foot for every one hundred (100) square feet of facility or machine in excess of one hundred (100) total square feet of floor area. (13) Other public agency signs. Street signs, traffic signs, emergency warnings, and the like erected by a public agency.
(14) Special event signs. Any sign permitted by a special event permit issued under Article X of Chapter 14 of this Code.
(15) Temporary signs on private property. With the exception of yard signs, any number of temporary signs on private property, either freestanding or attached, is permitted, limited to a total sign area not exceeding six (6) square feet in residential zones and eighteen (18) square feet in other zones. There is no limit on the number of yard signs, but no yard sign shall exceed six square feet in size. All persons who erect temporary signs, including yard signs, or who own or control the premises where temporary signs are erected, are jointly and severally responsible to remove such signs after ninety (90) days or as otherwise set forth in this Division. Temporary signs relating to an event, such as an election, shall be removed within seven (7) days after the event.
SECTION IV. Section 29.10.115, “Prohibited signs,” of the Town Code is amended to read as follows:
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Section 29.10.115. Prohibited signs.
Except as otherwise provided in this Chapter, the signs described in this Section are prohibited.
(1) Lighted signs. Lighted signs that flash on and off, fluctuate or appear to move. (2) Moving signs. Signs that rotate or move in any fashion, except barber poles. (3) Excessively bright signs. Lighted signs whose brightness is detrimental to the reasonable enjoyment of surrounding property or are a traffic hazard. (4) Obstructing signs generally. Signs which prevent free use of a door, window or fire escape, or obstruct the view from any living area in the building to which the sign is attached.
(5) Signs obstructing standpipes, etc. Signs attached to a standpipe or fire escape. (6) Signs obstructing traffic devices. Signs located so as to obstruct the view of a traffic sign, signal, or device.
(7) Confusing signs. Signs which might be mistaken for or confuse the viewers of a traffic light or a signal.
(8) Signs in public thoroughfare. Signs, placards, posters, announcement and similar signs erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object in a public thoroughfare, except those defined in Section 29.10.110(11) or permitted in accordance with Section 29.10.120(4).
(9) Portable signs. Portable signs and signs erected on parked vehicles or trailers, when such vehicles or trailers are parked in such a location or manner that it is clear the intention is to advertise the services of a business.
(10) Freeway signs. Signs erected for the dominant purpose of being seen by travelers on a freeway.
(11) Off-premises signs. Off-premises signs, except those authorized by sections
29.10.110(5), (15), 29.10.120(2), (4), and 29.10.130(1). (12) Indecent signs. Signs containing matter which is obscene under State law. (13) Projected light signs. Signs which are flashed or projected onto walls or other structures by means of a projector or other device.
(14) Billboards. Any billboard sign.
(15) Temporary signs on Public Property and in the Public Right of Way. With the exception of temporary signs permitted in accordance with Section 29.10.110(5)(b) and 29.10.120(4), temporary signs on public property, including parks and public right-of-way, which includes sidewalks, roads, street medians, and the portion of right of way between the road and sidewalk, are prohibited.
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(16) Unauthorized signs. Any sign not specifically authorized in Sections 29.10.110,
29.10.120 and 29.10.130.
SECTION V. Section 29.10.120, “Temporary signs,” of the Town Code is amended to read as follows:
Section 29.10.120. Temporary Signs Requiring Permits.
Every sign described in this Section, regardless of the manner of its construction, is a temporary sign. The number and area of such signs are regulated only by this Section and are in addition to the allowed number and area for other classes of signs. (1) On Premises Sign Erected by Business. Temporary signs erected on premises of a business are permitted for up to forty-five (45) calendar days. The total area of temporary signs may be equal to or less than the total sign area permitted for the business by Section 29.10.135. The permit shall state the maximum sign area allowed and the date the sign is to be removed as set by the erector or this Chapter, whichever is more restrictive.
(2) On Premises of Subdivision. Nonilluminated, on-site signs on property which has received subdivision or development approval from the Town, from that approval until issuance of a building permit for the last lot to be sold or completion of the development project, are permitted, limited to one (1) double-faced sign not exceeding an area of twenty-five (25) square feet per face, placed at a right angle to the street, or two (2) single-faced signs not exceeding an area of twenty-five (25) square feet each placed parallel to a street. The signs shall not be more than fifteen (15) feet high and shall be erected at least fifteen (15) feet from a street right-of-way line. Up to four additional signs are permitted in residential subdivisions. Additional signs shall have an area not exceeding three (3) square feet, nor a height of more than four (4) feet. One off-premises signs erected by subdividers which are not located on a major arterial street as defined by the Town general plan is permitted. The sign shall not exceed eighteen (18) square feet in area, shall not be more than fifteen (15) feet high and shall be erected at least fifteen (15) feet from a street right-of-way line and shall be in a commercial or industrial zone. Such signs may be erected for up to 90 days. Off-premises signs erected by subdividers are an exception to the rules prohibiting billboards and off-premises signs.
(3) Sign Erected on Commercial, Office, or Industrial Development for Sale or Lease. One (1) single-faced sign on property for sale or lease of a commercial, office, or industrial development to be built in the future. The sign shall not have an area exceeding twenty (20) square feet, shall not be more than fifteen (15) feet high, and shall be erected parallel to a street, at least fifteen (15) feet from a street right-of-way line.
The sign shall not be erected for over 90 days.
(4) Sign Erected by Special Event Sponsor.
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a. Subject to the conditions of this Section, a permit may be issued to the sponsor of a civic, political, charitable, cultural, recreational, educational or religious event as follows:
(i) An event in town sponsored by a non-profit organization; or (ii) An event sponsored by a non-profit organization with its principal business address in Town; or
(iii) An event sponsored by a public school; or
(iv) An event sponsored by a non-profit organization to which the Town contributes funds; or
(v) An event co-sponsored by the Town.
b. If a non-profit organization's event does not qualify under subsection (a), the non-profit organization may submit an application to the Town Planning Director for a temporary sign if the organization can demonstrate to the satisfaction of the Planning Director that the event will occur within Santa Clara County and the proceeds from the event will be used to benefit residents of Los Gatos. The Planning Director shall review the application and determine whether to grant the application based upon whether the proceeds from the event will benefit residents of Los Gatos. If the Director denies the application, the applicant may appeal the decision to the Town Council within ten (10) days of the Director's decision.
c. Application. The event sponsor shall submit an application with applicable fee to the Planning Director. The application shall specify the proposed location for each sign for which approval is requested, a calculation of the total sign area proposed and permitted under section 29.10.135, and a description of the sign material and means of posting proposed.
d. Conditions of approval.
(i) The sign may not be erected more than fourteen (14) days prior to the event and shall be removed within twenty-four (24) hours after the event. (ii) The sign shall be no larger than permitted under section 29.10.135. (iii) No more than a total of three (3) signs per event sponsor shall be allowed in the Town. Within this limit of three (3) signs, the following restrictions apply:
A. Except as provided under subsection (B) below, no more than one sign per event shall be permitted in the Downtown Area.
B. No more than one sign shall be permitted at the event site. Should the event have a number of locations or not have a fixed location, the event site sign shall be placed within five hundred (500) feet of the beginning or end of the event. Should the event site be
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located within the Downtown Area, the sign at the event site shall not count against the limitation imposed by subsection (A) above. (iv) Event signs shall be secured at all four (4) corners to avoid flapping. (v) No temporary structure may be erected for the purpose of displaying an event sign.
e. General restrictions.
(i) No more than three (3) event signs in total shall be permitted at any one time within five hundred (500) feet of any intersection in Town. (ii) The square footage of an event sign shall not exceed the calculation of total sign area permitted under Section 29.10.135.
(iii) No more than one sign is permitted on any one property at one time. f. For purposes of this section, "non-profit organization" is defined as:
(i) A non-profit corporation existing under Division 2 of Title 1 of the Corporations Code; or
(ii) A non-profit association as defined in Corporations Code Section 21000; or (iii) A non-profit corporation existing under the laws of another state governing non-profit corporations and which is permitted to do business in California under California law.
g. For the purposes of this section, Downtown Area means the C-2 zone. (5) Signs on construction sites. On parcels of under one acre, one (1) nonilluminated sign of not more than thirty-two (32) square feet in total area at each street frontage during the time of construction or remodeling of the property. On parcels of one acre or more, one (1) nonilluminated sign of not more than sixty-four (64) square feet in total area at each street frontage during the time of construction or remodeling of the property. No construction sign shall be erected prior to the issuance of a building permit, and each shall be removed as soon as a certificate of use and occupancy is issued.
SECTION VI. Section 29.10.135, “Zone regulations,” of the Town Code is amended to read as follows:
Section 29.10.135. Zone regulations.
(a) Scope. This Section specifies the signs which may be erected in each zone, other than signs which by the express provisions of this Chapter may be erected in all zones. Except where this Section specifies, nonconforming uses shall have only those signs allowed for the zone and not signs which might otherwise be allowed for similar uses in other zones. (b) Residential zones. In residential zones (defined by Section 29.40.010) the following signs may be erected:
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Land Use Class of Sign Number
of Signs
Total
Area
1. Multiple Family
Developments:
a. Less than 10
units
wall signs one per lot
frontage
18 sq. ft.
b. 10 units or
more
wall signs one per lot
frontage
24 sq. ft.
2. Authorized Nonresidential
Uses (including recreational
activities, schools, churches,
public utilities, lawful
nonconforming uses, etc.)
ground signs one per parcel 24 sq. ft.
wall signs one per lot
frontage
24 sq. ft.
3. Neighborhood Identification
Signs (only for
neighborhoods with an area
of 3 acres or more)
ground signs number and
location subject
to
determination
by the deciding
body
24 sq. ft.
(c) Nonresidential zones. The rules for nonresidential zones (defined by Section 29.50.010) are specified in this Section, and by number in the following list, table and footnotes. Rules 1 and 2 govern the calculation of the area of attached signs for each entity. Rules 3 through 9 govern the calculation of the total area of all signs for each parcel. The following paragraph applies to all nonresidential zones. The numbered rules apply only where the table so indicates. The maximum sign area for attached signs on any frontage may not exceed the area derived from the calculation for that frontage. Attached signs may be erected on any wall of the building, however, the area of a sign on a wall that is not a business frontage may not exceed twenty-five (25) percent of the sign area predicated on the primary business frontage. In addition, signs cannot be erected on a nonbusiness frontage wall if the parcel is contiguous to a residential zone and if the wall faces that zone.
(1) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one (1) square foot for each lineal foot of secondary business frontage provided that the sign area generated by each secondary business frontage cannot exceed fifty (50) percent of the sign area generated by the primary business frontage. (2) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one-half square foot for each lineal foot of secondary business frontage.
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(3) For vehicle sales the area of freestanding signs is not restricted by any rule limiting total sign area on the parcel.
(4) The total area of all signs on a parcel shall not exceed one (1) square foot of sign area for each lineal foot of lot frontage.
(5) The total area of all signs on a parcel is limited to the area derived from the business frontage calculation.
(6) For shopping centers the area of a ground sign is not restricted by any rule limiting total sign area on the parcel.
(7) For shopping centers the area of a freestanding sign is not restricted by any rule limiting total sign area on the parcel.
(8) The area of time and temperature signs is not restricted by any rule limiting total sign area.
(9) The area of any attraction board shall be included in the calculation of the area of signs of the same class and in the calculation of the total area of signs on a parcel.
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(d) Planned development overlay zone. The signs shown on the official development plan referred to in Division 2 of Article VIII of this Chapter may be erected in the PD zone.
SECTION VII. Section 29.10.140, “Nonconforming signs,” of the Town Code is amended to read as follow
Section 29.10.140. Nonconforming signs.
(a) Scope. This section regulates the use and removal of nonconforming, unlawful, and abandoned signs.
(b) Modifications to nonconforming signs. The following modifications to nonconforming signs are allowed:
(1) Changes in sign copy.
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(2) Modifications that reduce the extent to which the sign does not comply with this chapter.
No modification of a nonconforming sign shall have any effect on the length of the amortization period for the sign.
(c) Record of nonconforming signs. The Planning Director shall prepare a list of all signs in the Town which are nonconforming signs.
(d) Mailing of notices. The Planning Director shall mail a notice by certified return receipt mail to the occupant business, if known, and to the owner (as shown on the last equalized assessment roll) of the land where each nonconforming sign is located. The notice shall contain:
(1) A description of the land where the sign is located and a description of the sign, both in terms reasonably sufficient for the owner to identify the sign. (2) A statement that the sign is a nonconforming sign.
(3) The applicable date for removal of the sign under the provisions of subsection (f).
Information concerning more than one (1) sign, and information concerning separate amortization dates for different characteristics of one (1) or more single signs, separately stated, may be included in a single notice. If the Planning Director subsequently learns that for any reason notice has not been given in a timely manner, or that notice given is defective in any way, the Planning Director shall promptly mail a proper notice to the occupant and owner, even if the regular time for notification has expired. Notice mailed after the time required by this subsection meets the requirements of subsection (e) and is effective to start the time period provided in subsection (f).
(e) Effect of mailing of notices. Notice mailed as provided in subsection (d) is deemed to be notice to the owners of nonconforming signs and to all persons having any right, title or interest therein. The mailing of notices is intended as a convenience to sign owners.
However, no failure to give notice shall invalidate any proceeding to enforce this chapter to abate any sign, or to punish any sign violation.
(f) Duration of nonconforming signs. A nonconforming sign which becomes nonconforming shall be a nonconforming sign for the applicable period shown on the following schedule:
(1) Painted on wall signs, excessive brightness of signs, roof signs, signs suspended from a marquee: two (2) years.
(2) Freestanding signs, wall signs, projecting signs and all signs not otherwise specified in this section: five (5) years.
(3) Signs where total area of all signs on a building or parcel exceed permitted area: five (5) years.
(g) Notification and other procedures concerning subsequent nonconforming signs. Within six (6) months of the date when a sign described in subsection (f) becomes a nonconforming sign, the Planning Director shall add the sign to the list of nonconforming signs and mail
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notices in the manner specified in subsection (d), and such notices shall have the same effects as the notices provided for other nonconforming signs. (h) Extension of nonconforming sign status. During the deliberations on the provisions of this Chapter concerning signs, it was determined that this chapter should not include provisions for granting extensions of nonconforming status since the basic periods for nonconforming status were extended by the same number of years originally proposed for allowable extension.
(i) Removal of unlawful signs. Any sign erected or maintained contrary to the provisions of this Division or any other ordinance of the Town including unlawfully erected signs, and formerly nonconforming signs whose nonconforming status has terminated, is in its entirety an unlawful sign. The provisions of Sections 29.20.950 and 29.20.955 are applicable to unlawful signs, and to those who erect or maintain them. (j) Abandoned signs. The owner must have all copy removed from an abandoned sign and the sign shall remain blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of one (1) year the owner shall remove the sign and any appurtenant structures.
(k) Maintenance. All signs shall be maintained and kept in repair and shall be painted and repainted at reasonable intervals. If the owner fails to comply, after ten (10) days' written notice by the Planning Director, or duly appointed deputy, to so maintain such signs, the Planning Director shall have the sign removed at the owner's expense. (Ord. No. 1316, §§ 3.39.010—3.39.070, 6-7-76; Ord. No. 1380, 1-23-78) SECTION VIII. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION IX. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION X. Publication.
ITEM NO. 8.
Draft Ordinance Adoption Date
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California.
SECTION XI. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 7
th day of May 2024, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the 19th day of November, 2024, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 8.
PREPARED BY: Gary Heap
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 9
DATE: November 27, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute the Second Amendment to the Consulting Services Agreement with Nichols Consulting Engineers for an Extension of Time for the Shannon Road Repair Project (CIP No. 811-0008).
RECOMMENDATION:
Authorize the Town Manager to execute the second amendment to the Consulting Services Agreement with Nichols Consulting Engineers for an extension of time for the Shannon Road Repair Project (CIP No. 811-0008).
BACKGROUND:
On May 31, 2021, the Town entered into an agreement with Nichols Consulting Engineers to design a repair of Shannon Road between Diduca Way and Santa Rosa Drive. The scope of work authorized in that agreement included development of topographic survey and right-ofway mapping, geotechnical analysis, design of stabilization structures, pavement design, and development of design plans through construction bidding. The scope also includes engineering support through the construction phase of the project.
The first amendment to the contract with Nichols Consulting, approved by the Town Council on August 15, 2023, increased the agreement amount by $42,500, resulting in a total agreement amount not to exceed $486,900. It also increased the scope to add three additional activities including:
1. Additional analysis of potential bike pull-out locations and associated design.
2. Development of an alternative full-closure traffic control plan with associated detours to limit the duration of overall project construction.
ITEM NO. 9.
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SUBJECT: Second Amendment with Nichols Consulting Engineers for Shannon Road Repair (CIP No. 811-0008)
DATE: November 27, 2024
3. Additional design work to modify the guardrail and storm drainage design to accommodate PG&E and adjacent property owner needs.
The project design is complete; however, the Town continues to negotiate with the adjacent property owner to acquire the needed right-of-way and easement area to construct the improvements. The construction schedule will depend on successful negotiations to acquire the property. It is anticipated that construction on the project could begin summer 2025, or sooner if possible.
DISCUSSION:
The current contract is set to expire on December 31, 2024. This second amendment would extend the contract to December 31, 2025. No additional funds are being added with this amendment.
CONCLUSION:
The proposed Second Amendment to the Agreement for Consulting Services with Nichols Consulting Engineers extends the contract from December 31, 2024, through December 31, 2025.
COORDINATION:
This memorandum has been coordinated with the Finance Department.
FISCAL IMPACT:
The adopted Fiscal Year 2024/25 – 2028/29 Capital Improvement Program (CIP) Budget for this project has sufficient funds for the Agreement.
ITEM NO. 9.
PAGE 3 OF 3
SUBJECT: Second Amendment with Nichols Consulting Engineers for Shannon Road Repair (CIP No. 811-0008)
DATE: November 27, 2024
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15301). A Notice of Exemption has been filed.
Attachments:
1. Second Amendment with Exhibit A
Budget
GFAR $ 5,376,064
Total Budget $ 5,376,064
Costs
Consultant Services Including Encumbrance $ 549,973
Construction Services $ 141,213
Misc. Project Costs $ 118
Total Costs $ 691,305
Available Balance $ 4,684,759
Shannon Road Repair
CIP No. 811-0008
ITEM NO. 9.
SECOND AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES
This SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 3rd day of December 2024 and amends that certain First Amendment to Agreement for Consultant Services dated August 15, 2023, made by and between the Town of Los Gatos, ("Town,") and Nichols Consulting Engineers, Chtd (“ Consultant”), identified as a C Corporation and whose address is 1003 W Cutting Boulevard, Suite 110, Pt Richmond California 94804.
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on May 3, 2021, (Agreement) and a First Amendment to Agreement for Consultant Services on August 15, 2023, copies of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to extend the term.
AMENDMENT
1. Section 2.2 Term and Time of Performance is amended to read as follows:
This contract shall remain in effect from May 3, 2021 and extend to December 31, 2025.
3. All other terms and conditions of the Agreement remain in full force and effect.
Second Amendment to Agreement for Consulting Services Shannon Road Repair (CIP No. 811-0008) ATTACHMENT 1
ITEM NO. 9.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos, by: CONSULTANT, by:
Chris Constantin Tim Mahoney, General Manager
Town Manager
Department Approval:
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
ITEM NO. 9.
FIRST AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES
This FIRST AMENDMENT TO AGREEMENT is dated for identification this 15th day of August 2023 and amends that certain Agreement for Consultant Services dated May 3, 2021, made by and between the Town of Los Gatos, ("Town,") and Nichols Consulting Engineers, Chtd (“ Consultant”), identified as a C Corporation and whose address is 1003 W Cutting Boulevard, Suite 110, Pt Richmond California 94804.
RECITALS
C. Town and Consultant entered into an Agreement for Consultant Services on May 3, 2021, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
D. Town desires to amend the Agreement to add to the scope of services, extend the term, and increase the compensation.
AMENDMENT
1. Section 2.1 Scope of Services is amended to read as follows:
Consultant shall provide the additional services as described in that certain proposal sent to the Town on July 3, 2023, incorporated herein as Exhibit B.
2. Section 2.2 Term and Time of Performance is amended to read as follows:
This contract shall remain in effect until December 31, 2024
3. Section 2.6 Compensation is amended to read as follows:
Increase the compensation amount by $42,500 for a total value of $486,900 set forth in Exhibit B.
4. All other terms and conditions of the Agreement remain in full force and effect.
EXHIBIT A
First Amendment to Agreement for Consulting Services Shannon Road Repair (CIP No. 811-0008)
ITEM NO. 9.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
J. Ryan Shafer, PE, GE Principal, NCE
Laurel Prevetti, Town Manager
Department Approval:
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
First Amendment to Agreement for Consulting Services Shannon Road Repair (CIP No. 811-0008) Town of Los Gatos: Approved as to Consent:
ITEM NO. 9.
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on May 3, 2021 by and between TOWN OF LOS GATOS, a California municipal Nichols Consulting Engineers, is 501 Canal Blvd., Suite I, Richmond, CA 94804. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 Town desiresto engage Consultant to provide servicesto provide design and construction support services for Shannon Road Repair Project (CIP No. 811-0008).
1.2 Consultant represents and affirmsthat it is willing to perform the desired work pursuant to this Agreement.
1.3 Consultant warrantsit possessesthe distinct professionalskills, 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 Town on April 26, 2021, which is hereby incorporated by reference and attached as Exhibit A.
2.2 Term and Time of Performance. This contract willremain in effect from date of execution to December 31, 2023.
2.3 Compliance with Laws. Consultant shall comply apply the reasonable standard of care 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 documentsfurnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the 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 or assembled by Consultant in connection with the performance of its services Agreement for Consultant Services
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ITEM NO. 9.
pursuant to this Agreement are confidential until released by the Town to the public, and Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant orthe Town without the written consent of the Town before such release. 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 not exceed $444,400, inclusive of all costs as described in Exhibit A. Paymentshall 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 and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Paymentshall be net thirty (30) days. All invoices and statementsto the Town shall be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Consultant shall maintain the recordssupporting 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 servicesto be performed underthis 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.
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 Agreement for Consultant Services
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ITEM NO. 9.
employee(s). With prior written consent, 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 Litigation Support. Consultant shall receive compensation for preparing for and/ or appearing in any litigation at the request of the Town, except: (1) ifsuch litigation costs are incurred by the Consultant in defending its work or services or those of any of its subconsultants or (2) as may be required by the indemnification requirements of the Consultant. Compensation for litigation services requested by the Town shall be paid at a mutually agreed upon rate and/ or at a reasonable rate for such services.
2.12 Conflict of Interest. Consultant understandsthat its professional responsibilities are solely to the Town. 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.
2.13 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.
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ITEM NO. 9.
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: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agreesto have and maintain forthe 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. Consultantshall 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 lessthan $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. Town, its officers, officials, employees and volunteers 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'sinsurance coverage shall be primary insurance in respect to the Town, its officers, officials, employees and volunteers. 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.
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ITEM NO. 9.
iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made orsuit 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 orin 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 . In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance asrequired by California law and shall provide 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.
3.4 Mutual Indemnification. Consultant shall indemnify and hold harmless the Town, its officers, agents, and employees from any and all claims, suits, losses, pure economic es
connected therewith, on account of personal injury, including death, or property damage, sustained by any person or entity not a part to this Agreement between the Consultant and the Town to the extent such injury, death or damage is caused by the negligence or willful misconduct of the Consultant or their respective employees, officers and agents.
Consultant agrees to the full extent permitted by law, to indemnify, defend, and hold harmless the Town, its officers, directors, and employees from and against any and all claims, demands, losses, penalties, fines and causes of action of every kind and character (including reasonable attorney fees) arising from or relating to Pre-existing Conditions.
3.5 Mutual Indemnification. Town shall indemnify and hold harmless the Consultant, its officers, agents, and employees from any and all claims, suits, losses, pure economic penalties and fines imposed, and demands, including reas connected therewith, on account of personal injury, including death, or property damage, sustained by any person or entity not a part to this Agreement between the Consultant and the Town to the extent such injury, death or damage is caused by the negligence or willful misconduct of the Town or its Consultant or their respective employees, officers and agents.
Town agrees to the full extent permitted by law, to indemnify, defend, and hold harmless the Consultant, its officers, directors, shareholders, employees, affiliates, and subsidiaries and their successors from and against any and all claims, demands, losses, penalties, fines Agreement for Consultant Services
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ITEM NO. 9.
and causes of action of every kind and character (including reasonable attorney fees) arising from or relating to Pre-existing Conditions.
IV. GENERAL TERMS
5. 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 underthis 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. Town and Consultant shall have the right to terminate this agreement with or without cause by giving not lessthan fifteen days (15) written notice of termination. In the event of termination, 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 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a by the State of California. This includes: construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.
4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request.
The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.
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ITEM NO. 9.
4.4.2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.
These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agreesto present to the Town, along with itsrequest for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.
The term certified payro shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions(CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
4.4.5 In addition to submitting the certified payrolls and related documentation to the Town, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrollsto the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.
4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
4.4.7 No contractor orsubcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a works contractor with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
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ITEM NO. 9.
4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the Town for any fines assessed by the California Department of Industrial Relations against the Town for such violation, including all staff costs and attorn s fee relating to such fine.
4.4.9 Town shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., Town may continue to hold sufficient funds to cover estimated wages and penalties under the contract.
4.5 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.7 Dispute Resolution. Town and Consultant agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement to mediation in accordance with the Construction Industry Mediation Rules ofthe American Arbitration Association, effective as of the date of this Agreement.
4.8 Force Majeure. Neither party to this Agreement will be liable to the other party for delays in performing the services, nor for the direct or indirect cost resulting from such delays, that may result from labor strikes, riots, war, acts of governmental authorities, health crises, extraordinary weather conditions or other natural catastrophe, or any other cause beyond the reasonable control or contemplation of either party.
4.9 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Nichols Consulting Engineers
501 Canal Blvd., Suite I
Richmond, CA 94804
or personally delivered to Consultant to such address orsuch other address as Consultant designates in writing to Town.
4.10 Certifications/Warranties. Consultant neither makes, nor offers, norshall Consultant be liable to the Town for any express or implied warranties with respect to the performance Agreement for Consultant Services
ITEM NO. 9.
of Services. Estimates of cost, approvals, recommendations, opinions, and decisions by the Consultant are made on the basis of experience, qualifications, and professional judgment and are not guaranteed. Consultant shall not be regarded as a guarantor with respect to any work product provided to the Town.
4.11 Third Party Reliance Upon Reports. All Consultant work products are prepared solely for use by the Town and shall not be provided to any other person or entity without Town shall indemnify the Consultant from and against
any and all claims, liability, damages, actions or proceedings brought by any person or entity claiming to rely upon information or opinions contained in reports or other work products provided to such person or entity, published, disclosed or referred to without the written consent.
4.12 Ownership and Retention of Documents. Reuse or modification of any such documents by the Town, without written permission, shall be at the sole risk, and Town agreesto indemnify and hold the Consultant harmlessfrom all claims, damages, the Town or by others
acting through the Town.
4.13 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.
4.14 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.
Agreement for Consultant Services
Nichols Consulting Engineers Page 9 of 10 Page 86
ITEM NO. 9.
IN WITNESS WHEREOF, Town and Consultant have executed this Agreement.
Town of Los Gatos by: Consultant, by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley
Director of Parks and Public Works
J. Ryan Shafer, PE, GE
Principal
Approved asto Form:
Robert Schultz, Town Attorney
Attest:
Shelley Neis, MMC, CPMC, Town Clerk
Agreement for Consultant Services
ITEM NO. 9.
April 26, 2021
Ms. Janice Chin, Assistant Engineer
Town of Los Gatos, Parks and Public Works Department
Proposal for
Dear Ms. Chin:
INTRODUCTION
NCE is pleased to provide the Town of Los Gatos (Town) our proposal to provide civil engineering services forthe Shannon Road Repair Project (Project). As we lead the completion of the Geotechnical Alternatives Report (GAR) for this project we appreciate the opportunity to continue our work with the Town towards completing construction documents for stabilizing the embankment and roadway.
Based on our previous work at the site, the Shannon Roadway embankment has been experiencing ongoing slope creep and movement resulting in pavement cracking and localized failures requiring ongoing maintenance by Santa Clara County (County) and now the Town. This is mainly the result of colluvial and fill soils that are susceptible to slope creep and movement from an over steepened roadway embankment in combination with original fill materials used to construct the roadway likely not be compacted, keyed, and benched properly to current standards.
Given the severity of recent cracking and how quickly cracking occurred after prior maintenance, completing construction of this roadway repair is critical to prevent additional roadway damage and additional repairs and maintenance the current two stabilization alternatives presented in our Report to the Town include a (i) MSE wall in combination with soldier pile and lagging wall and (ii) soldier pile and lagging wall. Each of them addresses geological conditions, site access, and general site constraints.
As an unplanned project receiving resources from t embankment stabilization also diverts resources from projects which are already planned. Furthermore, as a central thoroughfare for motorists and bicyclists in the eastern part of the community, Shannon Road provides access to residents. If the ongoing instability persists, it threatens the connection of this part of the Town with the rest of the community.
NCE has hand selected the right team to assist the Town with delivering the Shannon Road Repair Project as we have direct knowledge and experience with project site; excellent working relationship with the Town backed by the repeated ability to deliver; infrastructure, roadway, and pavement engineering design expertise; and a talented multidisciplinary team with innovative ideas for solving the challenges of this site.
including civil engineering and pavement design that we supplement with long-time trusted teaming partners like Cal Engineering & Geology (geotechnical/structural), Fehr & Peers (traffic control), and Mountain Pacific Surveys (surveying).
Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
(510) 215-3620
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Additionally, the NCE team will be led by proposed Project Manager, Lee Taubeneck, PE, who will be responsible for day-to-day project management. Lee brings extensive experience working on road widening projects in planning, design, QA/QC, ROW, utility, RFA and programming phases. Lee will be supported by Ryan Shafer, PE, GE,
and will provide project oversight. Ryan has a solid integrated civil and geotechnical background and is infrastructure. In short, by selecting NCE, the Town will benefit from existing working knowledge of the site our ability to start and complete the design of this project quickly, ability to introduce cost saving designs (e.g., recycling roadway materials in-place and avoiding utility relocation/conflicts with wall design and planned excavation depths), and decades of diverse and considerable engineering experience delivering these types of projects.
FIRM QUALIFICATIONS
NCE is a client-focused professional consulting firm integrating the disciplines of engineering, science, and planning to address the infrastructure and resources challenges facing our communities today and in the future. NCE has grown significantly in expertise and capabilities beyond its origin as a transportation research and pavement management firm working with the Federal Highway Administration (FHWA). NCE delivered civil engineering and pavement design services for scores of California municipalities. NCE is adept in delivering comprehensive civil engineering and pavement design projects. The NCE team provides the following benefits and distinguishing features:
Familiarity with local regulations and working with the Town on capital improvement projects including the Shannon Road Embankment Stabilization.
Knowledge and demonstrated pavement rehabilitation design expertise from designing thousands of local streets and roadways throughout California, Nevada and the West Coast.
Highly qualified interdisciplinary team of professionals that have worked together on multiple projects involving conception, regulatory compliance and permitting, environmental documents, through design and construction monitoring.
Technical resources with an in-depth understanding of sustainability, safety, community needs, and environmental constraints.
Tailored approach with cost-effective strategies and practicalsolutions that promote cost savings, reduced construction disruptions/impacts, constructability, and that can be readily implemented.
Responsive staff with proven experience in all facets of engineering, including applicable state and federal standards.
ORGANIZATIONAL CHART
Figure 1 below illustratesthe structure and team we propose for this project, the roles and responsibilities of each team member as well as the communication/reporting relationships of the key staff in relation to the Town for this project. Qualifications summaries for key personnel are provided below and their focused resumes are included in Attachment A.
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KEY PERSONNEL Figure 1. NCE Team Organization
Qualifications summaries for each key team member are provided below and their focused resumes are provided in Attachment A.
Mr. Ryan Shafer, PE, GE, Client Sponsor. In this role, Ryan will be responsible for communicating with the Town and champion of allocating of resources. Ryan is an experienced Principal and Project Managerthat is highly skilled in managing interdisciplinary teams of engineers,scientists, and planners for complex projectsrequiring civil engineering, geotechnical engineering, pavement engineering, structural engineering, transportation and traffic engineering, hydrology and hydraulics, coastal engineering, regulatory permits, technical studies and resource assessments, and environmental documents. In addition, he has managed and provided civil and geotechnical engineering on a wide range of public and private projects, including vertical development, municipal roads, trails, drainage infrastructure, landfills, public transit, recreation areas and parks, industrial facilities including refineries, and waterfront structures giving him an understanding of how to work with diverse project types. His clients provide feedback that NCE is an effective partner and steward, understanding what is important to each community. He is a registered civil engineer and geotechnical engineer with more than 22 years of professional experience.
Mr. Lee Taubeneck, PE, Project Manager. The NCE team will be led by Lee, who will be responsible for day-to-day project management and will also be a point of contact for the Town. Lee is a transportation professional with extensive experience in the development of expressways, freeways,roads, transitsystems, multi-use paths,trails,sidewalks,streets, and
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highways. He has worked with public, private, and non-profit clients throughout California at both the local, regional, and State levels. He is an expert in transportation planning and design. He is a registered civil engineer with more than 37 years of professional experience.
Mr. Franz Haidinger PE, QA/QC Manager. Franz will be responsible for quality assurance and quality control on the deliverables developed by NCE. Franz brings a wealth of experience and expertise in civil and environmental engineering. He has lead engineering efforts in projects with civil design components such as pavement design for parking lots, curb and gutter layout, storm drain design, LID features like overland flow, bioswales, and small detention basins, grading, design of water services for irrigation and domestic water supply, and design of a sewer connections for future projects. The depth of his experience also includes the preparation of Drinking Water Source Assessments, SWPPPs, contaminated soil remediation, underground storage tank removals, permitting, operation and maintenance of groundwater treatment facilities and soil vapor extraction systems, and construction quality assurance. He is a registered civil engineer with 24 years of professional experience eer.
Mr. James Signore, PhD, PE, Pavement Design Lead. James specializes in pavement design and evaluation, rehabilitation and maintenance, materials assessment, and training. He has experience in designing pavements for many local agencies, Caltrans, and for heavy vehicle loading applications for highways, airfields and ports. He has spent years researching pavement materials, having directed a state-of-the-art AMRL certified and Superpave mix design equipped research laboratory, and is well versed in state and local pavement practices and specifications.
He has tau
cuts and patches) seminars to practicing engineers for 20 years. He has also taught graduate courses in pavement engineering at San Jose State University and many of his former students are civil engineers at local agencies. Additionally, James is a Member of the Transportation Research Board Committee AFD70, Pavement Rehabilitation, AFD70-1, Pavement Interlayer Systems and the FAA Airport Pavement Technical Working Group. He is a registered civil engineer with 25 years of professional experience and holds a PhD in Civil Engineering.
Ms. Sara Dowling, EIT, Project Engineer/Pavement Design. Sara has been involved in design projects that include new intersection roadway, high-rise building foundation, airport taxiway pavement structure, spatial data analysis, and a green wastewater treatment plant.
She was the fundraising chair for the Institute of Transportation Engineers and is currently a member of ASCE and Young Professionalsin Transportation. Sara has experience in AutoCAD 3D, ArcGIS, MS Project, Technical Writing, Literature Review, EverFE, and C++.
Andrea J. Valentine, CADD Design. Andrea is a CADD drafter with nearly 40 years of experience providing layout and drawing of civil and structural plans, control lines, profiles, to provide lot line adjustment boundaries; develops, implements, and updates CADD standards; and sets up and maintains drafting records and documentation. Her program experience includes AutoCAD, Bentley Micro-station, and Microsoft Word and Excel. In addition to obtaining her BA, Andrea and has taken various drafting, graphic arts, solar design, technical math, cartography, natural sciences, and computer training courses at various San Francisco Bay Area colleges.
NCE Administrative Staff. NCE also has a team of administrative professionals that will support the strategic engagement task by developing graphics, and content for presentations or collateral material.
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SUBCONSULTANT KEY PERSONNEL
Mr. Phillip Gregory, PE, GE, Geotechnical Engineer. Phillip is an experienced geotechnical engineer and manager who has completed more than 150 transportation and water infrastructure improvement projects for public agencies over the past 20+ years. Phil's expertise is in the analysis and design of earth embankments and slope stabilization measuresincluding geosynthetic reinforced slopes, and embankments, CIDH pile structures, segmental block retaining soldier pile and lagging walls, soil nail retaining structures, light weight fill, and slope dewatering systems. Phillip is an experienced Caltrans-based specification writer and estimator of earth construction costs. Phillip managed the majority of the federally-funded storm damage repair projects that were completed by CE&G in 1993, 1998, and 2006. He is a registered civil engineer and geotechnical engineer with 33 years of professional experience.
Mr. Chris Hockett, PE, GE, Structures Design. Chris has expertise in managing geo-civilstructural design projects that involve the preparation of plans, specifications, and (PS&E) for roadway stabilization projects. Chris has designed stitch piers, retaining walls founded on deep and shallow foundations, mechanically reinforced embankments, segmental retaining walls systems, and tieback retaining walls on roadways for Cities and Counties throughout the Bay Area. Some of his recent roadway stabilization experience includes the structural design of a 300 foot long stitch pier system along Foothill Boulevard in Sunol and a 200 foot long soldier pile and wood lagging retaining wall with tieback anchors along Rifle Range Road in Richmond, and the geotechnical design of over 1,000 linear feet of stitch piers, and soldier pile and lagging debriswalls and retainingwalls along the award winning 1.7mile long George Miller Regional Trail between Martinez and Port Costa. He is a registered civil engineer and geotechnical engineer with 13 years of professional experience.
Mr. Ryan McClain, PE, TE, Traffic Handling & Detours. Ryan has worked in the transportation planning and engineering field since 2001. Focusing on multi-modal transportation design and analysis, Ryan provides alternatives development and assessment and transportation engineering design for complete streets projects ranging in size from single intersections to complex multi-jurisdictional corridors and master plans. Ryan works closely with agency staff, stakeholders, and the community to develop engineering solutionsthat work for all users. Ryan leads Fehr air of the international ITE Complete
Streets Council. He frequently teaches courses on complete streets design, including recent classes for MTC throughout the Bay Area and lectures at UC Berkeley for the pedestrian/bicycle graduate class. In addition to
he is responsible for overall office strategy and client relations. He is a registered civil engineer and traffic engineer with more than 20 years of professional experience.
Mr. Charles Weakley, PLS, Surveying. Charles is the President and manager in charge of all land survey work undertaken by Mountain Pacific Surveys and our aerial mapping company, Aerometric Surveys. His experience in land surveying includes photogrammetric control, precision as-built surveys, G.P.S. and cadastral surveys, boundary determinations and right-of-way calculations, topographic mapping, aerial photogrammetry, and construction layout of hundreds of subdivisions, roadway, commercial, and utility projects. Charles is responsible for all aspects of project administration, including contract negotiations.
He is a professional land surveyor with 27 years of professional experience.
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PROJECT UNDERSTANDING AND PREVIOUS WORK
Having been called upon by the Town along with our geotechnical partners CE&G for the initial investigations of Shannon Road distress, NCE has extensive knowledge and understanding of the project.
In early 2020, as downhill creep began to accelerate, we were called by the Town. The team completed extensive field research, reconnaissance, field borings, and laboratory analyses to enable site characterization. The Revised Geotechnical Alternatives Report (RGAR, CE&G, December 2020) was the culmination of these investigations and prepared two feasible alternatives and cost estimates.
Two probable landslides were identified by our investigations along the Road segment (Figure 2) composed of quaternary colluvium. The observed colluvium fills more gently sloped swales that have been mapped as probable landslides of
uncertain age by the CGS and the Town. The colluvium swales are interpreted to be dormant landslides. The colluvium is composed of sandy lean clay with and without gravel, and silt/ lean clay with sand. The colluvium was found beneath the Road prism and above the bedrock (siltstone). The Report correlates the two dormant slides with the thicker portions of the fill/ colluvium above the bedrock, or roughly between stations 6+35 to 7+48, and stations 3+00 to 4+25.
The Town acquired title to the Road in 2017, in what at the time was determined to be a State of Good Repair. The outboard side of the Road segment is composed mostly of artificial fill. Given the vintage of the Road, it is likely that the embankment was not compacted to current standards, leading to settlement of the fill.
The former owner had been addressing settlement and cracking for several decades. Routine maintenance of the roadway consisted of HMA overlays to relevel the driving surface. The result was a thick structural section of AC pavement on the westbound or downhill side. The added mass of repeated overlays on the outside lane of the Road may have exacerbated the distress and failures over time.
The final overlay of the roadway prior to ownership transfer included polyurethane foam injection within the area of historic cracking and settlement, along with a 2.5-inch to 3-inch pavement overlay. Postownership transfer, settlement has not only continued, but accelerated. The steepened embankment of fill and overlying colluvium and likely lack of proper compaction, keying, and benching of fill materials appear to be involved in long term creep of the Road embankment. The RGAR concludes that sliding of the Road segment is locally incipient based on the increased rate of movement within the last few years, especially for the outboard (downhill) portion of the Road prism. Although minimal groundwater was encountered during the field investigations, soil saturation from precipitation could also be contributing to sustained creep downslope.
The RGAR completed by the NCE Team presents two viable alternatives and cost estimates for stabilizing the Road embankment. Either alternative establishes a structure outside the westbound (downhill) portion of the Road prism connecting them through the Road prism to help buttress the Road. One alternative proposes the use of tie-backs (soldier pile with lagging) to apply compressive forces against the Road prism, and the other uses geogrid fabric (MSE wall). During preliminary engineering the preferred alternative will be selected and confirmed with the Town based on available ROW, costs, traffic impacts, and environmental constraints. The current recommendation is the solder pile and lagging wall Figure 2. Two Dormant, Upslope
Landslides (Gray)
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system that isless costly and disruptive allowing for one lane of traffic to remain open during construction depending on final design and construction means and methods.
KEY ISSUES AND OPPORTUNITIES
NCE has identified several key issues and opportunities based on extensive knowledge of the site conditions,
investigations, and alternatives report. The NCE team
experience delivering similar projects for other public agencies affords the Town confidence that we can meet
whatever challenges present themselves for the Shannon
Road project. A photo of one of our successful projects is shown in Figure 3.
CONSTRUCTION COST
As the downslope creep and repair
improvement plan, managing capital costs for construction must be considered a major issue and opportunity for reducing costs. Under planned circumstances the Town could entertain addressing Road conditions with a sufficient budget. Instead, it must consider using reserve funds and postponing other needed improvements to stabilize the incipient slope movement.
The NCE team as part of this proposal and our design approach has identified the following approach to managing and reducing construction costs below the current preliminary cost estimate that we developed:
The inner lane exhibits less distress and is fair to good condition and suitable for use of conventional mill and overlay treatments to reduce current preliminary pavement reconstruction costs from $100/sy to $20 to $25/sy.
To prevent pavement distresses in the thickened
asphalt section in the outer lanes from reflecting
back up through the new pavement section and
to allow the existing valuable asphalt to be
recycled in-place, based on our experience and
speaking further with a pavement recycling
contractor, we recommend pre-milling at least
the top 4- to 6-inches of the roadway to allow a
Full Depth Reclamation (FDR) reclaimer to
penetrate through the bottom of the very thick
AC. Then the reclaimer can pulverize the existing
roadway materials and recompact in-place, and
then place a new 4- to 6-inch HMA wearing
course. This approach will reduce the current
preliminary reconstruction cost by 40 to 50%
with a cost of $50 to $60/sy.
Working around existing utility poles is another
example of accomplishing the work for less cost
Figure 4. Narrow Roadway Guardrail Installation
not to mention less time to coordinate with PG&E and telecom utilities. While there are advantagesto clearing utility poles from the face of the embankment to maintain consistent earth Figure 3. Soldier Beam and Lagging
Retaining Wall, Bailey Road, Pittsburg
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pressures against the slope, earth pressures can still be maintained with a gap in the wall by bridging the gap with a grade or cantilever beam.
Maintaining the existing roadway width, drainage patterns, and elevations to the extent possible will reduced the need for roadway cuts into the hillside, maintaining work within ROW, and less construction and materials costs.
Another potential cost savings will be to place guard rail as close to the inside of the soldier piles as possible again to maintain the existing road prism as much as possible and within existing ROW.
Figure 4 reflects just such an installation with a narrow roadway installation.
TRAFFIC HANDLING
Either as a detour or with one-way traffic control, maintaining eastbound and westbound traffic around or through the construction site will require careful coordination. Connections for power supply to traffic signals are often a constraint in working these situations. Our solution builds off our successful engagements with Fehr & Peers in the past on stabilization projects such as Via Verdi in Richmond. For the soldier pile and lagging alternative, the installation of 2 temporary traffic signals and a protective barrier will allow travelers to pass east or west with minimal queuing or delay. The power supply will be provided either by solar or conventional, low-noise generators. On the east, the temporary signal will be established at the intersection with Santa Rosa Drive. On the west, the temporary signal will be established at Diduca Way. Advance warning signs will be used to notify approaching vehicles of charges well in advance. A protective barrier in the form of either k-rail, sand barrels or water filled segmental barriers will be established on the outboard side of the centerline to inhibit the incursion of vehicles into the active work zone (cf.
Figure 5).
The soldier pile and MSE wall alternative will require the complete closure of the Road segment to allow for placement of the geogrid fabric. The solution here is a traffic detour either be set up along Kennedy Drive or along the combination of Hicks Road and Blossom Hill Road. As this out-of-direction travel will on average increase travel time by 10 minutes, more extensive public outreach will be needed in comparison with the soldier pile and lagging alternative to encourage public cooperation.
RIGHT OF WAY
The current vertical drop-off on the downhillside of the Road rangesfrom 3 to approximately 20 feet with a slope of 1.5 (V) to 1 (H). In its current condition, the downhill slope is steep and a potential hazard for motorists. While channelizers and signs reflect the nature of the hazard, the risk has been present for several years. Consequently, the
installation of guardrail is recommended for consideration.
This will increase the width of the Road prism, add a bid item to the engineers estimate, and may have ROW implications.
Also, the limits of public and private property linesin the RGAR were placed using parcel maps provided by the Town (cf.
Figure 6). Several indicate that the current road may extend into private property, which would Figure 6. Portion of Figure 2C, RGAR Figure 5. One Way
Traffic Control, Rifle
Range Road
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Figure 7. OH Utility Lines,
Sta 12+80
be unusual for a public roadway and will be further confirmed by ROW mapping during completion of topographic surveys. This will be important to confirm as work outside Town ROW can be time consuming to coordinate with outside stakeholders/property owners, particularly if ROW acquisition is required.
Our solutions for these ROW challenges are varied and multiple. First, we will refine the parcel maps provided by the Town with a topographic survey. For this reason, the topographic survey is included in the proposed schedule as one of the first items of work.
Next, we will complete a review of available Town data regarding collision records or accidents within this section of roadway. Perhaps, if little to no accidents or collisions have occurred, it may be possible to use a combination of reflectors, signs, and delineation to provide sufficient warnings that can avoid guardrail placement.
Finally, it is possible to erect the guardrail as a vertical extension of the MSE or soldier pile wall. If we find that ROW is indeed constrained, we can use this to shorten the horizontal dimensions of the project.
UTILITIES
A water line is known to exist along the inside, eastbound travel lane. Our current assumption and approach to scoping this project is that this water line can be sufficiently located and roadway rehabilitation and repair methods can be completed to avoid conflict, lowering, or relocation of this waterline to reduce design and construction costs and additional coordination with the San Jose Water Company. If conflict cannot be avoided additional scope for utility coordination and design consideration will be required.
Overhead electric and telecommunication lines asshown in Figure 7 are also apparent above the Road, which will require consideration during development of construction documents and during construction as to the types of equipment and coordination needed by contractor working next to these facilities.
Utility locations will be developed based on utility as-builts and record maps as well as use of ground penetrating radar (GPR) for improved accuracy on the depth of the water line below ground surface. Also, if required we will specify the use of low-overhead construction equipment working next to overhead lines.
CONSTRUCTION SCHEDULE
The current estimated number of working days for construction, excluding bid award, negotiation, and mobilization, is likely greater than 60 days. With an notice to proceed for design in March and design not be completed until late Summer this places construction in the fall and early winter months. We will discuss the project schedule with the Town at the Kickoff meeting and discuss which tasks can be processed in parallel during preliminary engineering and design to enable earlier PS&E delivery and subsequently earlier advertisement and mobilization dates. We will also evaluate the potential to complete the project during the rainy season depending regulatory, construction, and other site constraints.
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KEY ASSUMPTIONS
In order to deliver the most cost-effective design strategy for this project, we have formulated the following key assumptions:
TOWN RESPONSIBILITIES
NCE has assumed that the Town will be able to provide the following to the extent available:
1. Provide information regarding Town-owned utilities (i.e., sanitary sewer and storm drain).
2. Provide project requirements, including design schedule, budget, constraints, and criteria.
3. Provide review and approval of exceptions to geometric roadway design standards when appropriately documented with collision records, cautionary signage and delineation, and guardrail placement.
TOPOGRAPHIC SURVEYING, BASE MAPS, AND RIGHT-OF-WAY
1. A topographic survey will be completed along the subjectsection of Shannon Road to establish a base map sufficient for developing civil design plans. This will also include record data location of the existing right-of-way for the mapping corridor.
2. It is assumed that all improvements will be completed within existing Town ROW. If based on title report review and ROW mapping the private parcel adjacent to the proposed project improvements is found to encroach into the roadway we have included additional ROW engineering services as part of optional Task 5B.
UTILITY COORDINATION AND LOCATION
1. Assumes that utility poles on the uphill side of the alignment will not be impacted or relocated by the project. Further, it assumes that poles on the downhill side of the alignment can be bridged around by either the MSE Wall or Soldier Pile and Lagging Wall.
2. NCE will prepare and distribute utility notification letters to collect facility maps and as-builts, confirm utility planned work, proposed slope stabilization project. NCE will prepare and distribute a second round of lettersincluding utility location information based on ground penetrating radar (GPR) that is provided for the subject street section to solicit feedback and need for utility relocation or adjustments.
3. Low hanging overhead utility lines will be considered in construction documents as needed.
4. Regarding the water line beneath the eastbound lane within the project limits, beyond obtaining asbuilt records from the San Jose Water Company, NCE will conduct a ground penetrating radar survey to determine water line depths below grade. Traffic control for completing GPR to be provided by the NCE. In the event the MSE and Soldier Pile Combination Wall is selected as the preferred alternative, we assume that temporary supports during excavation for the geogrid fabric will enable continued operation of the water line in-situ.
5. No known utility covers or manholes are present along the alignment within the project limits.
6. Forthe purposes of thisscope of work it is assumed that utility relocation or lowering is not required.
PAVEMENT TESTING AND DESIGN
1. Pavement design will be based on Caltrans Standards with a combination of supplemental coring, laboratory testing of subgrade, and pavement condition surveys.
2. Pavement coring will be performed with spacing criteria and bulk samples as follows:
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a. Up to two pavement cores will be obtained approximately every 750 feet within the eastbound lane (inner lane) to estimate the pavementsection thickness, as previous geotechnical exploratory borings were located within westbound (outer lane) only. b. Up to two bulk samples of subgrade for laboratory testing will be obtained.
3. Base repairs will be measured in length and width for the eastbound lane only to advise for the case if the soldier piles with lagging alternative is selected. It is the intent that base repair quantities will be for bidding quantity purposes only and that actual locations will be marked by NCE with the Town inspectors prior to construction.
4. A no-fee encroachment permit will be pulled with the Town for all pavement testing if required.
5. A half-day of traffic control for pavement coring will be provided by NCE.
TRAFFIC STRIPING
1. Final traffic signing and striping is assumed to match existing striping, any revisions will be reviewed with the Town.
2. A review of SWITRS data including the most recent available 3-year continuous record of accidents within the project limits is included as part of this scope.
TRAFFIC HANDLING PLANS
1. In the case of selecting the combined MSE wall and soldier pile wall with lagging, traffic handling plans in the form of detour plans will be prepared assuming full Road closure. In the case of selecting the soldier pile with lagging wall alternative, the traffic handling plans will assume one-way traffic control with temporary traffic signals. In either case draft traffic handling plans will be submitted as part of preliminary engineering to the Town traffic engineering group for review and comment.
DRAINAGE
1. No major drainage improvements are assumed for this project requiring significant stormwater drain and pipe alteration and/or reconstruction.
2. The project will,to the extent possible, and within the context of proposed stabilization address visible drainage issues including structural backfill. However, it should be noted that no existing drop inlets or paved ditches exist within the Road segment.
ENCROACHMENT PERMIT
1. NCE will apply for no-fee Town encroachment permits for all field work, including pavement coring work, if required.
BID PACKAGE
1. NCE has assumed for the purposes of developing bid packages the following:
Shannon Road Embankment Stabilization Project Bid Winter 2021/22.
CEQA DOCUMENT
1. The documentation required for CEQA is assumed and judged based on current information and planned roadway repair project to be a Categorical Exemption.
2. If for any reason the project does not qualify for a Categorical Exemption or new information arises indicating the presence of critical habitat or historical/tribal resources within or adjacent to the project, NCE can prepare and provide support for CEQA compliance, additional technical studies, and/or regulatory permits for additional scope and fee.
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SCOPE OF WORK
TASK 1 PROJECT MANAGEMENT
Thistask will include an initial kick-off meeting and progress meetingsto update the Town with the results of studies and the development of contract documents. Regular meetings afford direction and feedback from the owner which are invaluable in navigating the multitude of decisions needed for successful project selection and implementation. Microsoft TEAMS software will be used to allow the seamless sharing of information and for virtual meetings . Agendas will be provided in advance of the meetings. A summary of meeting notes and action items will be provided after each meeting along with decisions reached and schedule updates. Agreement for Consultant Services, progress reports and invoices will be submitted monthly.
-Off Meeting with the Town to initiate work on the project. The objectives of the Kick-Off Meeting will be:
Review of the Scope of Work
Establish Lines of Communication
Confirm Deadlines
Establish Project Schedule and Milestones
Define Design and Operation Criteria.
Whether a simple preventive maintenance project or a complex reconstruction project, it is critical to establish effective lines of communication with, and coordination amongst, the various stakeholders from the start to ensure the delivery a high-quality project within budget and on schedule.
In addition to Town staff (Engineering, Maintenance, etc.), NCE will research and coordinate, as-needed, with other agencies such as PG&E, AT&T, Verizon, Comcast, San Jose Water Company, etc., to identify any potential conflicts, requirements, or design issues early to help minimize delays (and costs) later in the design process or during construction. At the Kick-Off Meeting, key deliverables for each Task and the Project Schedule would be reviewed and adjusted accordingly to meet Town needs.
NCE is very sensitive to construction costs, particularly the volatile price of materials, which have affected the scope of many similar projects. In order to keep the Town aware of overall project costs, NCE will begin developing Preliminary Engineering Cost Estimates as soon as we have developed our engineering design recommendations to closely monitor any potential funding issues, which may develop.
Throughout the project, NCE staff will be available to attend regularly scheduled progress meetings with the Town, to maintain good communications, to offer up efficiency and reduce the number of design review and coordination meetings. Therefore, we have assumed up to three (3 ) meetings. The purpose of the progress meetings will be to identify and resolve any design or funding issues that may surface in a timely manner, present design alternatives and recommendations to Town staff, and continue coordination with project stakeholders as necessary.
NCE will also prepare exhibits for Town outreach and Council meetings. Up to two outreach meetings and 2 Council meetings are included in our scope with up to 2 exhibits for each meeting. If attendance at additional exhibits or meetings is necessary, they can be added to the scope for an additional fee.
Deliverables:
Projectschedule
Meeting agendas and summaries
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Monthly progress reports and invoices
Project schedule update
Exhibits for public outreach and Council meetings.
TASK 2 PRELIMINARY ENGINEERING
Preliminary engineering gathers data needed to prepare roadway and structural designs and develop construction documents including design data gathering, topographic surveys and ROW information, seismic survey and geotechnical design, utility location and coordination, pavement design, and environmental.
TASK 2A DESIGN DATA GATHERING
NCE will review relevant available data and records from the Town, public and private utility providers, and other sources that may be appropriate to support the preparation of project contract documents.
These may include, but are not limited to, the Town drainage structure inventory maps, aerial photographs of the Town; as-built Road improvement and infrastructure plans, striping and markings, asbuilt plans from utility providers, including any preliminary plans for future work that may conflict with this project. Along with the maps previously used with the phase 1 investigation, the gathered information will be compiled and included in the base map used for design. Based on our review we will identify any data gaps or missing information and provide this information to the Town for review and discussion. NCE will also confirm with adjacent County of Santa Clara property if encroachment permits are required to conduct proposed work.
Subsurface moisture beneath roadways is known to reduce the useful life of the pavement placed above.
Currently, there are no known culverts for this segment of Shannon Road. Consequently, drainage occurs by sheet flow based on road superelevation and crown. While it is possible to insert a culvert through both the lagging of a soldier pile and an MSE wall without compromising wall integrity, a less expensive option is the employment of a roadside ditch or vee channel.
A brief review of existing drainage conditions will be reviewed with the Town and if drainage improvements are required beyond existing drainage facilities will be incorporated into the design.
Deliverables:
Drainage technical memo.
TASK 2B TOPOGRAPHIC SURVEY & ROW
Surveyor will complete monument/control recovery, field investigation and field surveys sufficient to prepare a design level topographic mapping product for the portion of Shannon Road beginning approximately 100 feet westerly of Diduca Way and extending to approximately 100 feet of pavement on the southerly (upslope) side and extend to approximately 30 feet northerly of the northerly (downslope) edge of pavement.
specifically defined as:
Cross-sect
alignment and grade, as well as the slope/bank. Typically, the cross section will include top or toe of banks, ditches, edge and centerline of pavement, and grade breaks.
ITEM NO. 9.
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Surveyed locations for significant surface features, such as pavement or concrete, driveways, striping, fences, surface utilities, trees (over 4- eter on tree survey requirements), signs, utility poles, and streetlights will be included. Sanitary and storm drain structures will include rim elevations, invert elevations, pipe size & direction for all accessible structures within the mapping limit.
Location of all recovered street monumentation within the mapping corridor (for preservation and Record ROW purposes).
Location of underground utility locator markings.
Provide a finish drafted topographic survey in AutoCAD Civil3D, including a dtm surface.
Based upon a combination of record data and any monuments collected during topographic surveying, will calculate and show the record data location of the existing ROW for the length of the mapping corridor. Additionally, our surveyor will calculate and show the location of each adjoining parcel lot line fr
Horizontal and vertical datums shall be based upon the Town of Los Gatos survey network control.
Note: This scope does not include the preparation of legal descriptions for any easements that may be necessary to facilitate construction of the work. If work extends beyond existing Town ROW, oursurveyor can provide this for additional scope and fee.
Before the survey can be made, an encroachment permit will be completed with the Town if required for traffic control, which is assumed to be provided by the Town as previously done for cost savings.
Deliverables:
Topographic survey file
Tree location survey file (> or = 4-6
TASK 2C SEISMIC SURVEY AND GEOTECHNICAL DESIGN
An essential component of accurate retaining wall design includes depths-to-bedrock. The depth to competent material directly impacts the design height and corresponding cost of the retaining wall.
Exploratory borings are widely spaced and located several feet from the edge of the embankment where the retaining wall will be located. The result is a depth to bedrock profile that isinterpolated both laterally and longitudinally. Assumptions based on the interpolation may result in a retaining wall that is overdesigned or subject to potential changed conditions claims.
A geophysical seismic refraction survey (Figure 8) could be effectively used to more clearly identify the depth to bedrock along the downslope edge of the roadway. This additional information will fill in the gaps between the geotechnical borings and provide a continuous geologic profile showing the ground surface and the depth to competent material.
ITEM NO. 9.
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This study will allow accurate development of the Geotechnical Design Report. This report will include all the calculations and dimensions needed to complete the structure design of either the combination MSE and soldier pile wall or the soldier pile and lagging wall.
Deliverables:
Seismic Refraction Survey including seismic velocity tables and contour drawings Geotechnical Design Report including structure calculations.
TASK 2D UTILITY LOCATION AND COORDINATION
NCE will coordinate with utility agencies early in the design process to help avoid potential construction delays and unnecessary disruptions to public services. Known utilities along this stretch of Shannon Road include both San Jose Water Company and PG&E. At least one telecommunications company is also present along the poles located on the uphill (eastbound) side of the Road. Initial contact with PG&E will enable identification of which telecom provider(s) occupy space on the PG&E poles.
Utility coordination will be a critical item to keep utility providers informed about the project and schedule. One of the first and earliest items that NCE will complete is reaching out to our contacts with PG&E and San Jose Water Company by telephone. This will be followed up by sending notification letters to applicable utility providers along with a preliminary project schedule for design and construction. We will also request utility as-builts and record drawings. This will allow utility providers to plan maintenance on their facilities prior to a moratorium during construction.
NCE will also carefully document all utility coordination notifications, emails, conversations, and meetings with utility contacts and information in a matrix format with dates of contacts and mailing detailed in this matrix. Follow-up calls will be made for each of the above notifications to confirm receipt. NCE will also keep the Town informed of any project delays related to utilities.
While the overhead utility poles themselves are located off the traveled way, lines strung between the poles cross over the Road prism itself. Consequently, drilling and excavation equipment associated with construction will need to be cognizant of these low overhead-lines and protect against line strikes.
The RGAR reflects the location of a water main along the inside (eastbound) travel way for the entire length of the Road segment. Although San Jose Water Company may have as-built information about this Figure 8. Determining Depth-to-Bedrock Using Seismic Velocity Contours, Bailey Rd, City of Pittsburg
ITEM NO. 9.
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water line, our scope includes a ground penetrating radar (GPR) survey to enable improved location accuracy below existing grade.
tility alignments and depths for utility mains and laterals to the extent that GPR methods can detect utilities. If GPR cannot establish utility alignments and or depths, potholing may need to be completed for additional scope and fee. GPR along utility mains will be marked at various locations along the subject street section, and the accuracy for the electronic depths will depend on the soil conditions and utility material. Traffic control will s be provided by NCE locator.
Neither milling and overlay of HMA nor drilling of tie-backs are expected to come close to contacting the water line, however selection of the MSE alternative plus soldier pile wall alternative could expose the water line as a result of geogrid placement.
Deliverables:
Utility notification letters
Utility contact matrix
Marked utility depths and alignments and data.
TASK 2E PAVEMENT DESIGN
NCE will perform a pavement condition survey of the travel lanes based on visible distresses. Pavement condition surveys serve the purpose of further refining the appropriate rehabilitation/reconstruction strategy in relation to the distress caused by downhill creep of the Road prism and traveled way.
This condition survey will generally note the presence of load related and environmental distresses, such as alligator cracking, longitudinal and transverse cracking, rutting, patches and utility cuts, distortions and depressions as they pertain to developing appropriate pavement treatments. In addition, potential base repairs will be identified in the condition survey. Base repairs will be marked in the field on the pavement in white paint, numbered, and verified prior to construction.
NCE will collect up to four (4) in the eastbound
lane (inner lane). These will supplement the 13 borings already sampled in the westbound lane. For each core sample, NCE will measure and record the thickness and material type of each layer encountered in the pavementstructural section, including the presence of any pavement reinforcing fabric. A half-day of traffic control by NCE is provided in our cost estimate for this subtask.
Bulk samples of subgrade will be obtained in support of structural section design. We will collect bulk samples of subgrade materials at the core locations for laboratory testing such as R-value, moisture content and Atterberg Limits (plasticity index) determinations. Our current fees assume 2 bulk samples will be obtained for testing. The thickness of aggregate base (AB) will be measured at all core locations.
Using the data obtained from the 4 supplemental corings, the laboratory test results from these samples, the 13 original borings and their laboratory data, NCE will perform pavement analysis and design services, and develop pavement rehabilitation and reconstruction recommendations for both the westbound and eastbound traveled lanes and shoulders. NCE will perform its analysis in accordance with the Caltrans Highway Design Manual.
NCE will develop pavement structural section recommendations expressed in the form of a Traffic Index (TI) that will be provided by the Town. NCE will develop recommendations including, but not limited to, the following:
ITEM NO. 9.
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Reconstruction
o Hot Mix Asphalt (HMA) over AB
o Full Depth HMA
o FDR
Conventional Hot Mix Asphalt (HMA)
Rubberized Hot Mix Asphalt (RHMA)
Alternative rehabilitation methods if feasible (in-place recycling, mill & fill treatments, etc.) Locations and treatments of failed pavement sections (base repairs) Full-width milling and wedge grinding requirements.
NCE will then summarize its recommendations in a pavement design memorandum to the Town that, at a minimum, will include the following:
Results of pavement condition surveys, coring, and laboratory testing Description of testing procedures and analysis performed for the project Recommended alternatives for rehabilitation and reconstruction.
NCE will submit two (2) copies of its draft technical memorandum to the Town for initial review. Upon receipt of any comments from the Town, NCE will then prepare its final technical memorandum, which Two (2) copies of the final technical
memorandum will then be provided to the Town reflecting any comments on the draft technical memorandum. NCE will also develop an encroachment permit application for the coring work.
Deliverables:
Encroachment permit application traffic control provided by Town for pavement coring Draft and Final pavement Technical Memorandums.
TASK 2F ENVIRONMENTAL (CEQA CATEGORICAL EXEMPTION)
Projects that are subject to the discretionary approval of a government agency must comply with California Environmental Quality Act (CEQA) regulations and procedures. Based on our experience fulfilling CEQA requirements for roadway repair projects of similar nature, this project will likely qualify for a Categorical Exemption as described
at California Code of Regulationsin Article
19, Section 15301 Existing Facilities or
Article 19, Section 15302 Replacement
or Reconstruction.
A visual assessment of the project area
will be conducted, databases will be
reviewed, and the project area will be
assessed for exceptions to the CEQA
exemptions per CEQA Guidelines Section
15300.2. Factors related to the potential
for exceptions to be documented in the
Figure 9. administrative record include biological
resources, historic resources, hazardous
waste lists, State scenic highways, flood hazard areas, and fault zones. NCE will prepare an administrative . NCE will then prepare a Notice of Exemption
(NOE) form (Figure 9) for the Town to review, sign and file with the County Clerk. Whereasthe project is
ITEM NO. 9.
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not of regional significance and there are no State responsible entities, there is no need to file with the State Clearinghouse.
The Categorical Exemption will be supported by an administrative record that includes brief biological and cultural resource technical memoranda. Based on preliminary database research, the project area contains no critical habitat for federally listed special status plant or animal species. However, three special status plant species have current ranges that overlap the project area, according to the US Fish and Wildlife Service. While we believe the potential is low for these plants to occur within and adjacent to the roadway, our proposed reconnaissance-level survey will confirm this assumption, and our findings will be presented in a tech memo and described below.
The biological resources technical memorandum will include a database review and a reconnaissancelevel field survey. Additionally, in support of a potential tree removal permit application and during the reconnaissance-level field survey, NCE will also identify tree species greater than 4 inches in diameter (as collected by our surveyor during topographic surveys) that may require trimming or removal. The results of the field survey, relevant field observations, and findings will be presented in a biological resources technical memorandum.
NCE assumes the tree trimm
municipal code for removal required for Capital Improvement Project, repair of a geologic hazard, and/or interferes use of pavements. A tree removal permit application will be completed and submitted to the Town for review.
The cultural resources technical memorandum will present the findings of a record search request from the Northwest Information Center and a brief pedestrian survey small road rehabilitation projects and the location of the present project on steep slopes, away from perennial water sources, the probability of encountering historical resources (as defined by CEQA) is judged to be low. For this project, NCE assumes no cultural resources will be identified. In addition, because an NOE is assumed for this project, AB52 Native American consultation is not required. If historical resources (which can also be tribal resources) are identified as a result of the records search, as part of the pedestrian survey, or as provided by the Town, NCE can initiate Native American consultation on behalf of the Town for a separate scope and fee.
ITEM NO. 9.
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Deliverables:
CEQA Notice of Exemption
CEQA Administrative Record
Biological resources technical memorandum
Cultural resources technical memorandum
Tree removal permit application
TASK 3 PLANS, SPECIFICATIONS, & ESTIMATES (PS&E)
TASK 3A 35% PS&E
Upon completion of preliminary engineering, the project team will prepare a 35% Plans, Specifications, and Estimate of Probable Construction Cost (PS&E) for the project. The 35% plans will depict the basic roadway repair plans and outline of details, required tie-in into existing features, new paving of associated roadway, drainage flow lines, traffic handling, draft profile-and-plan views, retaining wall and either tieback or geogrid systems, structural and roadway detailing, and construction limits. The plans will be accompanied by and outline of draft technical specifications The combined plans, specification, and estimate (PS&E) will be reviewed for quality assurance and edits incorporated discuss the 35% PS&E package. The following plan sheets are anticipated:
Name No. of Sheets
Title Sheet 1
Notes, Legend and Abbreviations 1
Survey Control 1
Traffic Handling 1 (Alt 1)/ 5 (Alt 2)
Excavation/ Demolition 2
Plan and Profile 3
Retaining Wall Plan and Profile 6
Pavement, Guardrail and Drainage Details 3
Retaining Wall Details 3
Water Pollution Control 2
Signing and Striping 3
26/ 30
As part of the 35% design, CE&G will finalize the retaining wall design. Calculations made during development of the Geotechnical Design Report will be verified and included with a structures design. n the most recent
and construction of numeroussimilar projectsthroughout California, we are confident in our ability to estimate the construction cost of the Town
effort progresses. It is assumed that the Town will require a 10-day review/comment period once the 35% PS&E package is submitted.
Deliverables:
35% Plans (electronic - pdf)
Outline of Technical Specifications
ITEM NO. 9.
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TASK 3B 65% PS&E
Upon completion of 35% PS&E review meeting, the NCE team will begin resolving comments and incorporating edits from the 35% review meeting into the 65% PS&E set of contract documents. The team will also conduct a constructability review prior to submittal to the Town to ensure anticipated means and methods by any contractors for completing the work in the field. NCE will provide a response to each comment that is included in a comment table provided by the Town. The 65% PS&E will include additional design information and details typically expected at this stage of completion. The 65% PS&E package will then be packaged and submitted similar to the 35% PS&E unless directed otherwise.
The contract documents (proposal, special provisions, and technical specifications) will be developed for the project to fit the anticipated work items. The Contract documents will be prepared in MS Word and and specific provisionstemplates will be provided by the Town. The special provisions will follow both the NCE also believes that an efficient yet thorough Quality Control/Quality Assurance program is essential for getting the maximum value out of every dollar spent on construction. Projects designed by NCE therefore, contain technical specifications that attempt to optimize the balance between using rigid, but time-tested, specifications and meeting local agency needs, with the goal of obtaining the very best value for its clients.
NCE recognizes the value of incorporating Caltrans Standard Specificationsin projects such as these, both because these specifications have been developed by an agency that designs and builds a vast amount of highway work, and because most contractors performing public works construction in Northern California are familiar with them. Caltrans, however, has the resources to administer projects quite differently than most local agencies, so NCE advocates modifying the Caltrans Standard Specifications to better fit the abilities, needs, and budgets of municipal agencies.
cost estimate will also be updated to reflect the revised quantities of work depicted on the plans. It is assumed that the Town will require a 10-day review/comment period once the 65% PS&E package is submitted.
Deliverables:
Tabulated response-to-comments at 35% PS&E Review meeting 35% Plans (electronic - pdf)
Technical Specifications
.
TASK 3C 100% PS&E
The 100% PS&E will be revised to incorporate comments received from the Town. NCE will again meet with the Town to review these comments, from which the final (Bid Set) PS&E will be prepared. Similar to 100% PS&E, NCE will provide a response to each comment that is included in a comment table provided by the Town. The final (Bid Set) PS&E will include all notes and details necessary for construction. One reproducible copy of the final (Bid Set) PS&E will then be packaged and submitted similar to the 100% PS&E unless directed otherwise. Upon receipt of the Town final review comments, the project documents will be finalized for bidding purposes.
cost estimate
for the project. All final documents will be reviewed, stamped, and signed by N engineer, and the final PS&E will be delivered to the Town in both hard copy and electronic formats.
Deliverables:
ITEM NO. 9.
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One wetestimate. The electronic files
estimate will be in AutoCAD 2018 or later version, Microsoft Word, and Microsoft Excel, respectively.
TASK 4 CONSTRUCTION ADMINISTRATION
TASK 4A BIDDING SUPPORT SERVICES
Services during advertisement and bidding include assistance during the pre-bid conference, responding to questions received about the project design, and preparation of any addenda and/ or clarifications to the PS&E that are deemed necessary. NCE can also assist the Town in determining the responsiveness of bids received, with checking and tabulating bid results, and with developing recommendations for award of a construction contract to the Town Council.
Deliverables:
Attend pre-bid meetings
Prepare responses to questions received regarding project design Prepare bid addenda as necessary
Provide assistance with bid responsiveness (as needed).
TASK 4B CONSTRUCTION SUPPORT SERVICES
NCE will provide supportservicesto the Town during the construction phase of the project. At a minimum, these services are anticipated to include attendance at the pre-Construction Conference, reviewing Contractor submittals and responding to Contractor requests for information, field marking and verifying measurement of base repair (digout) areas, providing recommendations for any necessary construction changes due to unforeseen field conditions, assisting with the review of Contract Change Orders, participate in the final inspection and assistance with identifying punch list items, and preparation of Record Drawings from marked as-built plans supplied by the Town The Record Drawings will be furnished to the Town in both printed and electronic formats.
Deliverables:
Attend pre-construction conference
Assist with the review of contractor submittals and RFIs as necessary Provide recommendations for any necessary construction changes due to unforeseen conditions Assist with review of contract change orders
Upon receipt from the contractor of redlines, record drawings in fullCAD format.
TASK 5 OPTIONAL ADDITIONAL SERVICES
The Town has requested clarification on issues that have the potential to arise during design and for one or both of the alternatives under consideration. The following supplements our original proposal to improve expectations should unforeseen circumstances arise. Two general areas of concern are environmental resource determinations and right-of-way engineering. These are outlined below.
TASK 5A-ENVIRONMENTAL SERVICES
At the discretion of the Town, NCE can conduct up to three (3) pre-construction nesting bird surveys as additional service and is included as an additional cost in our fee estimate. While these surveys are not
ITEM NO. 9.
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required, if there is the potential to impact nesting migratory birds in the project area, the Town should consider completing these surveys to minimize the risk of a nesting migratory bird take, a potential violation of federal and state laws protecting migratory birds. The intent of the pre-construction surveys is to verify no nesting migratory birds will be impacted by construction activities (e.g., tree removal, vegetation trimming or removal, or ground disturbance). Following each nesting bird survey or once all pre-construction surveys have been completed, NCE will prepare a brief letterreport detailing the findings from the pre-construction survey. NCE assumes no nesting birds will be found.
Other environmental services may be required for NEPA compliance if federal funding is secured. These would include defining the Area of Potential Effect (APE), drafting and finalizing a Natural Environmental Study (NES) - Minimal Impact, and finalizing the Preliminary Environmental Study (PES).
We judge based on the type of roadway repair work to be completed we have developed the appropriate scope of environmental document services and in the less likely event additional cultural and biological resources and/or permitting are required beyond our current assumptions these services can be provided for additional scope and fee not currently estimated herein.
Deliverables:
Nesting bird survey letter report.
APE concurrence
NES-MI draft and final
PES draft and final
TASK 5B-ROW ENGINEERING SERVICES
The Geotechnical Alternatives Report identified two parcels encroaching into the operating right-of-way of the roadway. Oursurveyor hasidentified the APNs for these parcels. While one of the parcelsis owned by the Town, the other is identified as a private party. If necessary, a title reports will be obtained by our surveyor. In the unlikely event that the private party encroachment cannot be resolved by the topographic survey, ROW mapping, and title reports ROW services will be completed.
Depending on project needs and discussions with the private property owner, to secure the rights necessary for the project a permanent easement, temporary construction easement, and or partial fee acquisition may be required. For properties less than $10,000 a valuation can be used in-lieu of appraisal.
Should the property be over this threshold then an appraisal would be conducted. Services included for ROW would include the following for any rights needed:
1. Initial research and review of all parcel conditions including title review for potential encumbrances that would impact any acquisition.
2. An initial valuation estimate to determine if an appraisal is necessary for the rights seeking to be acquired.
3. Initial meeting with the property owner at the property to review the plans for the project, the impact to their property, discusstheir concerns, and collect information germane to the valuation and negotiations.
4. Engage in information exchange and negotiations with the property owner necessary to secure agreements for rights needed.
ITEM NO. 9.
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6. Coordinate any appraisals needed with the owner and appraiser. Or prepare a valuation in-lieu of appraisal.
7. Prepare offer package including all documents needed to acquire and close any acquisitions.
8. Negotiate in good faith with the owner.
8. Council needed.
9. Open and coordinate escrows including and reconveyances. \ In support of any necessary acquisition or easement our surveyor would prepare legal descriptions for the deed and plats. In the unlikely event of an issue developing with the parcel owned by the Town or annexed roadway area from the County our right-of-way consultant can also assist in attending meetings, performing negotiations with the County, release of rights or abandonments, and reconveyances.
Property Valuation and/or Appraisal
Title Report(s)
Legal Descriptions and Plats
Meetings and Negotiations
Land Rights Acquisition for Permanent Easement, Temporary Easement and/or Partial Fee Acquisition
PROJECT SCHEDULE
The intent of this design schedule is to complete construction documents within 5 to 6 months for winter bidding or earlier if possible and desired by the Town, which can be discussed further and confirmed with project objectives during project kick-off. Winter bidding will allow the Town to secure more competitive bidding but places construction in later winter/ early spring months, which may entail working day stoppages and delays depending on weather constraints.
ITEM NO. 9.
,
DocuSign Envelope ID: DB4532E4-FE21-4B3C-9703-BFA68A7037AE f!NCE Collaboration.Commitment. Confidence:"
ID Task Task Name Duration Start Finish Predecessors Qtr 2 021 Qtr3, 021 Qtr2, 022 0 Mode
1, Los Gatos Shannon Road Design and Construction Schedule 358 days Mon 5/17/21 Wed 9/28/22 Mac A; Ma·, "' Ao A; Ma
+---3
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Prepcire 100% PS&E 20 dciys Wed 10/27/21 Tue 11/23/21 25 QA/QC Review 2 days Wed 11/24/21Thu 11/25/21 27
Finalize and Submit 100% PS&E 5 days Fri 11/26/21 Thu 12/2/21 28 Town Review 100% PS&E 10 days Fri 12/3/21 Thu 12/16/21 29 100% PS&E Review Meeting 0 days Thu 12/16/21 Thu 12/16/21 30 I
i7
-:,.i..12/16
Prepare Bid Documents 5 days Fri 12/17/21 Thu 12/23/21 31 * Submit Bid Documents 0 days Thu 12/23/21 Thu 12/23/21 32 Town Council Approval 8 days Fri 12/24/21 Tue 1/4/22 33 Task 4 - Construction Administration 190 days Wed 1/5/22 Tue 9/27/22 34 4A) Bidding Support Services 20 days Wed 1/5/22 Tue 2/C/22 34 4B) Construction Support Services 170 days Wed 2/2/22 Tue 9/27/22 36 Project: Shannon Road Design
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1 NTP 0 days Fri 3/12/21 Fri3/12/21
Task 1 - Project Management 180 days Mon 5/17/21 Fri 1/21/22 2 Project Kick-off Meeting/Progress Meetings 9 mons Mon 5/17/21 Fri 1/21/22 2 Exhibits for Public Outreach Meetings 8 mons Mon 5/17/21 Fri 12/14/21 2 Task 2 - Preliminary Engineering 149 days Mon 5/17/21 Thu 12/9/21 2A) Design Data Gahering 36 days Thu 5/20/21 Thu 7/8/21 4SS+3days 2B] Topographic Survey & ROW 119 days Thu 5/20/21 Tue 11/2/21 4SS+3 days 2C] Seismic Survey and Geotechnical Design 30 days Thu 5/20/21 Wed 6/30/21 455+3days 2D) Utility Location and Coordination 20 days Thu 5/20/21 Wed6/16/21 4SS+3 days 2E) Pavement Design 20 days Thu 5/20/21 Wed6/16/21 4SS+3 days 2F) Environmental (CEQA Categorical Exmptn) 149 day Mon 5/17/21 Thu 12/9/21 Task 3 - Plans, Specifications, and Estimate 134 days Thu 7/1/21 Tue1/4/22 3A) 35% Plans & Estimate 37 days Thu 7/1/21 Fri8/20/21 9 Prepare 35% Plans and Estimate 20 days Thu 7/1/21 Wed7/28/21 9 QA/QC Review 2 days Thu 7/29/21 Fri7/30/21 15
Finalize and Submit 35% Plans and Estimate ,5 days Mon 8/2/21 Fri8/6/21 16 Town Review 35% Plan5 and Estimate 10 days Mon 8/9/21 Fri 8/20/21 17 35% Plan5 and Estimate Review Meeting 0 days Fri 8/20/21 Fri 8/20/21 18 3B) 65% PS&E 47 days Mon 8/23/21 Tue 10/26/21 19
Prepare 65% PS&E 30 days Mon 8/23/21 Fri 10/1/21 19
QA/QC Review 2 days Mon 10/4/21 Tue 10/5/21 21
Finalize and Submit 65% PS&E 5 days Wed 10/6/21 Tue 10/12/21 22 Town Review 65% PS&E 10 days Wed 10/13/21Tue 10/26/21 23 65% PS&E Review Meeting 0 days Tue 10/26/21 Tue 10/26/21 24 3D) 100% Final (Bid Set) PS&E 50 days Wed 10/27/2lTue 1/4/22 25
ITEM NO. 9.
Engineering & Environmental Services www ncenet.com
ITEM NO. 9.
COST PROPOSAL
The following represent hourly rates for NCE and our team members:
Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
(510) 215-3620
ITEM NO. 9.
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ITEM NO. 9.
DocuSign Envelope ID: ffi19211-411&3 8BOt98 68AQC>Dro:
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ITEM NO. 9.
DocuSign Envelope ID: ffi19211-411&3 8BOt98 68AQC>Dro:
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ITEM NO. 9.
DocuSign Envelope ID: ffi19211-411&3 8BOt98 68AQC>Dro:
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NCE will provide the defined scope of work on a lump sum basis for an estimated fee of $444,400. The price breakdown by task is attached. Total compensation will not exceed the amounts set forth without receipt of prior written authorization from the Town.
ITEM NO. 9.
DocuSign Envelope ID: DB4532E4-FE21-4B3C-9703-BFA68A7037AE f!NCE Collaboration.Commitment. Confidence:"
f!NCE
Engineering & Environmental Services www ncenet.com
Shannon Road Repair Project
Fee Estimate
April 26. 2021
- $140 $130
...m.. - Prelimina"' En ineerinn
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10 B
10 46
T 6 1 6 T
16 16
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T 1 1 1$
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8 $ 11 945 $ 1 540
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310 $
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5,500
ITEM NO. 9.
DocuSign Envelope ID: DB4532E4-FE21-4B3C-9703-BFA68A7037AE 32IPage
Engineering & Environmental Services www ncenet.com
ITEM NO. 9.
The NCE team is excited to have this opportunity to complete construction documents for the Shannon Road Repair project based on the work we have already completed to date. As a principal with NCE, I am authorized to sign contracts on behalf of NCE and will be the point of contact should you have questions. I can be reached via phone at (510) 215-3620 or via email at [email protected] or via mail at NCE, 501 Canal Boulevard, Suite I, Richmond, CA 94804. NCE looks forward to your favorable review of our qualifications and continuing our work with the Town.
Sincerely,
NCE
J. Ryan Shafer, PE, GE Lee Taubeneck, PE
Principal Project Manager
Attachments:
A. Key Staff Resumes
Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
(510) 215-3620
ITEM NO. 9.
Total Cost: $12,500
Additional 100% PS&E Tasks:
NCE will need design additional design elements as follows:
Revised terminal guard rail design west of Diduca Way to accommodate guy wire pole that is in close proximity to roadway that is beyond the wall limits (outside of project) but impacts the end of the guard rail.
Revised culvert drainage pipe inlet to allow for permeable treatment, placement of drainage pipe below the ground surface, and direction of stormwater into existing bioswale area below the roadway.
Cost: NCE $7,000
501 Canal Blvd., Suite I
(510) 215-3620
Ms. Janice Chin
Assistant Engineer
Town of Los Gatos
41 Miles Avenue
Los Gatos, California 95030
RE: Budget Amendment No. 1
Shannon Road Repair Project
Dear Ms. Chin,
July 3, 2023
Project No: 58.20.55
This letter provides formal documentation of NCE’s prior discussions with the City regarding a requested Budget Amendment No. 1 for the Shannon Road Repair Project. The budget amendment reflects the additional work added after completion of the 65% PS&E as follows:
1) Revised 65% PS&E:
a. NCE submitted 65% PS&E documents and subsequent to this submittal based on stakeholder and Town comment the Town requested the following:
i. Analysis of bike pull-out alternative relocation
Cost: NCE $1,500, Fehr and Peers $3,000
ii. Bike pull-out redesign revising grading, wall alignment, and wall structural design Cost: NCE $10,500, CE&G $8,000
Total Cost: $23,000
2) Road Closure:
a. Previously NCE and Fehr and Peers had prepared two-stage traffic handling plans with the intent to maintain one lane of travel on Shannon Road during construction. The Town subsequently made the decision to allow full closure of the road to allow for more efficient construction with the goal of reducing construction costs and duration. Fehr and Peers Fehr & Peers will prepare a detour plan for the proposed road closure of Shannon Road during construction for the recommended detour route via Blossom Hill Road, Camden Avenue, and Hicks Road for a 100% submittal and a final submittal. Fehr and Peers will also conduct a review of the technical specifications to be used for the project.
Cost: Fehr and Peers $11,000
b. With a full road closure NCE will revise the pavement section to be Full Depth Reclamation for the entire roadway not just the west bound lane as previously planned. This will require revisions to pavement section, quantities, and specifications.
Cost: NCE $1,500
ITEM NO. 9.
2 | P a g e
Total Cost: $7,000
To accommodate the additional work, we are requesting our budget be amended by $42,500 for items 1,2 and 3. If you have any questions or would like to discuss this request, please contact the undersigned at (510) 215-3620.
Sincerely,
NCE
J. Ryan Shafer, PE GE, Principal
ITEM NO. 9.
PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 10
DATE: November 27, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve an Amendment to the Joint Powers Agreement of the West Valley Clean Water Program Authority to Support the Authority’s Proposed Name Change.
RECOMMENDATION:
Authorize the Town Manager to execute an amendment to the Joint Powers Agreement of the West Valley Clean Water Program Authority (Authority) to change the name of the Authority to West Valley Stormwater Authority.
BACKGROUND:
The Town of Los Gatos is required by law to implement measures that regulate, improve, treat, manage, and convey stormwater, controlling both its quantity and quality. Through the years, the Town has worked cooperatively with the cities of Saratoga, Monte Sereno, and Campbell (collectively referred to as the “Member Agencies”) to implement these measures. In September 1994, the Member Agencies were among the members of a Cooperative Agreement for stormwater pollution control coordination. The coordinated stormwater pollution abatement, control, and management effort of the Member Agencies was commonly known as the West Valley Clean Water Program. In 2018, the Member Agencies created the West Valley Clean Water Program Authority through a Joint Powers Agreement (Attachment 1) on behalf of its member agencies. The Authority coordinates stormwater pollution abatement, control, and management efforts for the Member Agencies.
DISCUSSION:
When recently conducting public outreach, the Authority determined that the communities of the Member Agencies often confuse the role of the Authority as a water provider rather than
ITEM NO. 10.
PAGE 2 OF 2
SUBJECT: Amendment to Clean Water Authority Joint Powers Agreement DATE: November 27, 2024
an agency that supports stormwater management for the Member Agencies. In order to correct that misunderstanding and create greater awareness of the Authority and its responsibilities, the Authority Board determined the name of the Authority should be changed. The Authority Board has selected the name of West Valley Stormwater Authority.
At its meeting on November 7, 2024, the Authority Board approved the Amendment and authorized the Executive Director to take all actions necessary to implement the name change if approved by the Member Agencies. The proposed amendment (Attachment 2) provides for that name change. It is expected that the Member Agencies will consider the amendment prior to the end of 2024.
CONCLUSION:
Approval of the recommended action will demonstrate the Town’s support of the name change and ongoing participation in the Joint Powers Authority.
COORDINATION:
This staff report was coordinated with the West Valley Clean Water Authority.
FISCAL IMPACT:
There is no fiscal impact associated with this proposed action.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Joint Powers Agreement 2018
2. Amendment to 2018 Joint Powers Agreement
ITEM NO. 10.
ATTACHMENT 1
ITEM NO. 10.
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ITEM NO. 10.
1 ATTACHMENT 2
AMENDMENT TO JOINT POWERS AGREEMENT
CREATING THE WEST VALLEY CLEAN WATER PROGRAM AUTHORITY
This AMENDMENT TO JOINT POWERS AGREEMENT CREATING THE WEST VALLEY CLEAN WATER PROGRAM AUTHORITY (the “Amendment”) is made and entered into this _____ day of ____________, 2024, by and between the West Valley Clean Water Program Authority, a California Joint Powers Authority (the “Authority”), and the City of Campbell, the City of Monte Sereno, the City of Saratoga and the Town of Los Gatos, municipal corporations of the State of California, hereinafter “Member Agencies” (collectively) or “Member Agency” (individually).
RECITALS
WHEREAS, each of the Member Agencies to the Agreement is a public agency as defined in California Government Code section 6500; and WHEREAS, each of the Member Agencies is either directly or indirectly authorized to implement measures that would regulate, improve, treat, manage, and convey stormwater and its quantity and quality; and
WHEREAS, in September 1994, the Member Agencies were among the members of a Cooperative Agreement for stormwater pollution control coordination; and WHEREAS, the coordinated stormwater pollution abatement, control and management effort of the Member Agencies is now commonly known as the West Valley Clean Water Program; and
WHEREAS, the West Valley Clean Water Program has been a successful and costeffective means of collaboratively addressing federal and state stormwater requirements and regulations within the Member Agencies; and
WHEREAS, in 2018, the Member Agencies created the West Valley Clean Water Program Authority (“Authority”) on behalf of its member agencies to create a new public entity to coordinate stormwater pollution abatement, control and management efforts; and other activities to develop tools and information to assist public and private entities in complying with stormwater National Pollutant Discharge Elimination System (“NPDES”) permits and improving surface water quality and enhancing water supplies in California; and
WHEREAS, when recently conducting public outreach, it was determined that the communities of the Member Agencies often confuse the role of the Authority as water provider rather than an agency that manages stormwater in the Member Agencies; and
ITEM NO. 10.
2 WHEREAS, in order to correct that misunderstanding and create greater awareness of the Authority and its responsibilities, the Member Agencies and the Authority desire to change the name of the Authority.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter set forth, it is agreed by and among the Member Agencies and the Authority hereto as follows:
AGREEMENT
1. Name of the Authority
(a) As of the Effective Date of this Amendment, the West Valley Clean Water Program Authority will hereby by known as the West Valley Stormwater Authority.
(b) Upon the Effective Date of this Amendment, An Amendment of A Joint Powers Agreement shall be filed with the California Secretary of State in accordance with Government Code section 6503.5. The Authority shall comply with all other formation requirements provided under California law.
(c) Upon the Effective Date, any obligations, responsibilities or duties of the West Valley Clean Water Program Authority through contract or otherwise shall be the obligations, responsibilities or duties of the West Valley Stormwater Authority.
2. Conflict
Except as expressly provided in this Amendment, all terms of the Agreement shall remain in full force and effect. To the extent there is a conflict between the terms of the Amendment and the Agreement, the terms of the Amendment shall control.
3. Effective Date
The effective date (“Effective Date”) of this Agreement shall be the first day of the first month following the execution of this Agreement by the Member Agencies.
4. Counterparts
This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
IN WITNESS THEREOF, the Member Agencies and the Authority have executed this Agreement on the dates hereafter set forth.
ITEM NO. 10.
3 CITY OF CAMPBELL
__________________________
City Manager
Dated:_____________________
ATTESTED:
_____________________________
City Clerk
Approved as to Form:
_____________________________
City Attorney
TOWN OF LOS GATOS
__________________________
Town Manager
Dated:_____________________
ATTESTED:
_____________________________
Town Clerk
Approved as to Form:
_____________________________
Town Attorney
ITEM NO. 10.
4 CITY OF MONTE SERENO
__________________________
City Manager
Dated:_____________________
ATTESTED:
_____________________________
City Clerk
Approved as to Form:
_____________________________
City Attorney
CITY OF SARATOGA
__________________________
City Manager
Dated:_____________________
ATTESTED:
_____________________________
City Clerk
Approved as to Form:
_____________________________
City Attorney
ITEM NO. 10.
5 WEST VALLEY CLEAN WATER PROGRAM
AUTHORITY
__________________________
Executive Director
Dated:_____________________
Approved as to Form:
_____________________________
Authority Counsel
960799.2
ITEM NO. 10.
PREPARED BY: Saurabh Nijhawan
Senior CIP Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 11
DATE: November 28, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize The Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921), Completed by Villalobos and Associates Inc., and Authorize the Town Clerk to File for Recordation RECOMMENDATION:
Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion for the 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921), completed by Villalobos and Associates Inc., and authorize the Town Clerk to file for recordation.
BACKGROUND:
The 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project focused on replacing or retrofitting curb ramps in compliance with the Americans with Disabilities Act (ADA) and other accessibility requirements. Title II of the ADA obligates jurisdictions to upgrade non-conforming curb ramps when streets are resurfaced from one intersection to another. The United States Department of Justice has determined that roadway resurfacing work such as asphalt overlay, rubber cape seal and micro-surfacing prompts curb ramps on associated streets to be installed or upgraded per the latest ADA requirements and standards.
The Town began bid advertising the 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project on March 8, 2024. On April 3, 2024, the Town received two bids for the base bid plus two additive alternates. On May 7, 2024, Council authorized staff to award a construction contract to the lowest bidder, Villalobos and Associates Inc., in an amount not to exceed $409,480, including contingencies.
ITEM NO. 11.
PAGE 2 OF 3
SUBJECT: Acceptance and Notice of Completion for the 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project
DATE: November 28, 2024
DISCUSSION:
The construction project started in July 2024 and Villalobos and Associates Inc. has since satisfactorily completed all contracted work items, including Town requested change order work, for a final construction cost of $450,145. The contract amount was increased at the request of Parks and Public Works to repair additional areas of concrete failures within the Town. The additional cost was absorbed by the project’s 10% contingency fund. The project resulted in a total of 42 curb ramps made ADA compliant, replacement of approximately 1,890 square feet of sidewalk, and 1,200 linear feet of curb and gutter. Staff recommends accepting the project based on the verification provided in Attachment 2.
A warranty with Villalobos and Associates, Inc. will be in effect for two years from the date of the council action. The execution and recordation of the Certificate of Acceptance is required to finalize the Town's acceptance and to release the retention funds withheld from the contractor.
COORDINATION:
This project has been coordinated with the Finance Department.
FISCAL IMPACT:
This report is meant to close out the contract with Villalobos and Associates Inc. associated with the 2024 work. There were sufficient funds available in the CIP Budget for the Annual Curb, Gutter, and Sidewalk Maintenance Project CIP No. 813-9921 and the project fund balance will carry over to the next year’s project.
ITEM NO. 11.
PAGE 3 OF 3
SUBJECT: Acceptance and Notice of Completion for the 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project
DATE: November 28, 2024
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15301c). A Notice of Exemption was previously filed.
Attachments:
1. Certificate of Acceptance and Notice of Completion
2. Verification of Work
Budget Costs
GFAR $ 781,201
Total Budget $ 781,201
Villalobos and Associates Inc. Contract Including Contingency $ 450,145 Construction Costs - Precision Emprise LLC $ 3,892
Consultation Services - Ninyo & Moore $ 5,276
Total Other Expenditures $ 9,168
Total Expenditures $ 459,313
Remaining Budget $ 321,888
2024 Annual Curb, Gutter, and Sidewalk Maintenance
Project 813-9921
ITEM NO. 11.
Recording Requested by:
TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
TOWN CLERK
TOWN OF LOS GATOS
110 E MAIN ST
LOS GATOS, CA 95030
______________________________________________________________________________ (SPACE ABOVE BAR FOR RECORDER’S USE)
(RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 27383 AND 6103)
TYPE OF RECORDING
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PPW JOB NO. 813-9921 2024 Annual Curb, Gutter, and Sidewalk Maintenance TO WHOM IT MAY CONCERN:
I do hereby certify that Villalobos and Associates Inc. completed the work called for in the agreement with the Town of Los Gatos dated June 2024. The work is outlined in the Town’s bid process prepared by the Town of Los Gatos and generally consisted of furnishing all labor, materials, tools, equipment, and services required for completion of the PPW Job No. 813-9921 located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and accepted December 3, 2024.
Bond No.: 18L006287
Date: May 20, 2024
TOWN OF LOS GATOS
By: __________________________________
Chris Constantin, Town Manager
Acknowledgement Required
ATTACHMENT 1
ITEM NO. 11.
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion PPW JOB NO. 813-9921 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project I, CHRIS CONSTANTIN, the Town Manager of the Town of Los Gatos, have read the foregoing CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION and know the contents thereof. The same is true of my own knowledge, except as to the matters which are therein alleged on information or belief, and as to those matters I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on _____________________, 2024 at Los Gatos, California. __________________________________________
Chris Constantin, Town Manager
Town of Los Gatos
RECOMMENDED BY:
Date: ____________________________
Nicolle Burnham
Director of Parks and Public Works
APPROVED AS TO FORM:
Date: ____________________________
Gabrielle Whelan, Town Attorney
Notary Jurat Required
ITEM NO. 11.
Parks and Public Works Department • Engineering Division 41 Miles Ave, Los Gatos, CA 95030 • 408.399.5771 • www.losgatosca.gov
TOWN OF LOS GATOS
PARKS AND PUBLIC WORKS COMMENTS
To: Chris Constantin
From: Nicolle Burnham
Date: November 21, 2024
Subject: Notice of Acceptance
Acceptance of Work for the 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813‐ 9921)
The work performed under this contract was inspected by authorized representatives of the Town, Contractor and Engineer, and determined to be complete. The Division Manager acknowledges the completion of this project and requests the Town Manger to sign the Certificate of Acceptance form.
Date of Final Inspection: 8/30/24
Project Participants: Kevin Selfridge, Janice Chin, Saurabh Nijhawan, Gary Heap (Town of Los Gatos) Tranquilino Villalobos (Villalobos & Associates, Inc.)
1. All construction and punch list items have been completed? Yes
2. All change orders have been executed? Yes
3. Claims if any have been resolved? N/A
REVIEWED AND APPROVED BY:
DATE:
SENIOR CIVIL ENGINEER
DATE:
TOWN ENGINEER
DATE:
DIRECTOR OF PUBLIC WORKS
11-21-2024
11/21/2024
11/22/24
ITEM NO. 11.
2024 Annual Curb, Gutter, and Sidewalk Maintenance
Project #813‐9921
Base Bid:
No. Street Name Curb Ramp
Location
Curb Ramp
Type
R&R Curb
and Gutter
(L.F.)
R&R Rolled
Gutter
(L.F.)
R&R
Sidewalk
(S.F.)
R&R
Residential
Driveway
(S.F.)
CR-1. Alerche Dr at Harwood Rd (near Belcrest Dr) NE corner C CR-2. Alerche Dr at Harwood Rd (near Belcrest Dr) SE corner C CR-3. Alerche Dr at Harwood Rd (near Harwood Ct) NE corner C CR-4. Alerche Dr at Harwood Rd (near Harwood Ct) SE corner C CR-5. Alerche Dr at Crider Ct SW corner C
CR-6. Alerche Dr (near 110 Alerche Dr) West C
CR-7. Alerche Dr (near 109 Alerche Dr) East C
CR-8. Alpine Av at Foster Rd NW corner G
CR-9. Alpine Av at Foster Rd SW corner G
CR-10. Alpine Av at E Main St SW corner B
CR-11. Arroyo Grande Wy at Garden Hill Dr SW corner B
CR-12. Carlester Dr at Lester Dr NW corner B
CR-13. Carlester Dr at Lester Dr SW corner B
CR-14. Chirco Dr at Los Gatos Blvd North B
Passageway
CR-15. Chirco Dr at Los Gatos Blvd NW corner B
CR-16. Chirco Dr at Los Gatos Blvd South B
Passageway
CR-17. Chirco Dr at Los Gatos Blvd SW corner B
CR-18. El Cajon Wy at Arroyo Grande Wy NW corner C
CR-19. El Cajon Wy at Arroyo Grande Wy SW corner C
CR-20. El Cajon Wy at Las Miradas Dr NE corner C
CR-21. El Cajon Wy at Las Miradas Dr SE corner C
CR-22. El Cajon Wy at Las Miradas Dr NW corner F
CR-23. Frank Ct at Frank Av NE corner B/F*
CR-24. Frank Ct at Frank Av SE corner B/F*
CR-25. Howes Ct at Howes Dr NW corner B
CR-26. Howes Ct at Howes Dr SW corner B
CR-27. Jackson St at E Main St SE corner B
CR-28. Jackson St at E Main St SW corner B
CR-29. La Canada Ct at Arroyo Grande Wy NE corner B
CR-30. La Canada Ct at Arroyo Grande Wy SE corner B
CR-31. La Cienega Ct at Arroyo Grande Wy NE corner B
CR-32. La Cienega Ct at Arroyo Grande Wy SE corner B
CR-33. 119 Las Astas Dr East B
CR-34. Las Astas Dr at Arroyo Grande Wy (near Lark
Ave) NW corner B
CR-35. Las Astas Dr at Arroyo Grande Wy (near Lark
Ave) SW corner B
CR-36. Las Astas Dr at Arroyo Grande Wy NW corner B
CR-37. Las Astas Dr at Arroyo Grande Wy SW corner B
CR-38. Las Miradas Wy at Arroyo Grande Wy NW corner B
CR-39. Las Miradas Wy at Arroyo Grande Wy SW corner B
CR-40. Las Miradas Wy at Arroyo Grande Wy SE corner B
CR-41. Longridge Rd at Carlton Av NE corner B
CR-42. Longridge Rd at Carlton Av SE corner B
CR-43. Oak Rim Ct at Oak Rim Wy NW corner C
CR-44. Oak Rim Ct at Oak Rim Wy SW corner C
LOCATIONS OF WORK
#813-9921 2024 Annual Curb, Gutter, and Sidewalk Maintenance
ITEM NO. 11.
2024 Annual Curb, Gutter, and Sidewalk Maintenance
Project #813‐9921
CR-45. Oak Rim Wy at Placer Oaks Rd SE corner C
CR-46. Oak Rim Wy at Placer Oaks Rd SW corner C
1. 120 Carlton Av 65
2. 140 Carlton Av 20
3. 144 Carlton Av 5
4. 148 Carlton Av 25
5. 152 Carlton Av 10
6. 160 Carlton Av 25
7. 168 Carlton Av 40
8. 176 Carlton Av 20
9. 184 Carlton Av 25
10. 192 Carlton Av 10
11. 15330 Los Gatos Blvd at Carlton Av 15
12. 237 Carlton Ct at Carlton Av 20
13. 269 Carlton Wy at Carlton Av 50
14. 200 Carlester Dr at Carlton Av 10
15. 231 Carlester Dr 20
16. 232 Carlester Dr 250
17. 235 Carlester Dr 20
18. 247 Carlester Dr 20 100 20
19. 247 Carlester Dr
20. 247 Carlester Dr
21. 251 Carlester Dr 25
22. 252 Carlester Dr 20
23. 264 Carlton Av 30
24. 276 Carlton Av 10
25. 284 Carlton Av 20
26. 201 Lester Ln at Carlton Av 10
27. 303 Carlton Av 20 140
28. 15195 National Av at Carlton Av 20
29. 15196 National Av at Carlton Av 20
30. 15197 National Av at Carlton Av 10
31. 301 West Hill Dr at Belgatos Ln 20
32. 304 West Hill Dr 20
33. 312 West Hill Dr 20
34. 316 West Hill Dr 20
35. 328 West Hill Dr 20
36. 329 West Hill Dr 20
37. 265 Howes Ct 40
38. 267 Howes Ct 30
39. 15764 Shady Ln 20
40. 292 Jackson St 5
41. 9 Jackson St at Alpine Av 20
42. 146 College Av 20
43. 3 Euclid Av at Jones Rd 10
Additive Alternate 1:
No. Street Name Curb Ramp
Location
Curb Ramp
Type
R&R Curb
and Gutter
(L.F.)
Rolled
Gutter
(L.F.)
R&R
Sidewalk
(S.F.)
R&R
Residential
Driveway
(S.F.)
A1.1. 271 Los Gatos Blvd 100 60
A1.2. 269 Los Gatos Blvd 50 40 170
ITEM NO. 11.
2024 Annual Curb, Gutter, and Sidewalk Maintenance
Project #813‐9921
A1.3. 263 Los Gatos Blvd 100
A1.4. 245 Los Gatos Blvd 100
A1.5. 131 Las Astas Dr 20
A1.6. 126 Regent Dr 50
A1.7. 16950 Placer Oaks Dr 50 160
A1.8. 232 Carlester Dr 200
A1.9. 500 San Benito Ave 200
A1.10. 512 San Benito Ave 100 20
A1.11. 514 San Benito Ave 70 70
A1.12. 516 San Benito Ave 10 50
A1.13. 523 San Benito Ave 10
A1.14. 526 San Benito Ave 30
Additive Alternate 2:
NO. Street Name Curb Ramp
Location
Curb Ramp
Type
R&R Curb
and Gutter
(L.F.)
Rolled
Gutter
(L.F.)
R&R
Sidewalk
(S.F.)
R&R
Residential
Driveway
(S.F.)
CR-A2.1. Glen Ridge Av at Nicholson Av NW corner G
A2.1. 200 Glen Ridge at Nicholson Av 70 350
ITEM NO. 11.
PREPARED BY: Gary Heap
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 12
DATE: November 27, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the Agreement for Consultant Services with Disability Access Consultants, LLC to Extend the Term of the Agreement from December 31, 2024, to June 30, 2025, for the Annual ADA Compliance Work Project (CIP No. 812-2013).
RECOMMENDATION:
Authorize the Town Manager to execute a third amendment (Attachment 1) to the agreement for consultant services with Disability Access Consultants, LLC to extend the term of the agreement from December 31, 2024, to June 30, 2025, for the Annual ADA Compliance Work project (CIP No. 812-2013)
BACKGROUND:
The federal statute on Nondiscrimination on the Basis of Disability in State and Local Government Services (28 CFR § 35.150 – Existing Facilities) requires a public entity that employs 50 or more persons to develop a transition plan setting forth the steps necessary to achieve program accessibility and reasonable modifications to eliminate barriers for persons with disabilities. In addition, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against people with disabilities in programs that receive federal financial assistance.
The Town’s previous ADA Transition Plan (the 1993 Plan) was adopted by the Town Council in 1993, which identified improvements needed for accessibility compliance and prioritized them to occur over a three-year time frame. After adoption of the 1993 Plan, the Town constructed numerous projects and infrastructure to address the ADA requirements identified. However, ADA standards are ever-evolving at the federal and state levels with broader rulings and regulation requirements.
ITEM NO. 12.
PAGE 2 OF 4
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the Agreement for Consultant Services with Disability Access Consultants, LLC to Extend the Term of the Agreement from December 31, 2024, to June 30, 2025, for the Annual ADA Compliance Work Project (CIP No. 812-2013)
DATE: November 27, 2024
On April 5, 2021, the Town entered into an agreement with Disability Access Consultants (DAC) to develop an updated Americans with Disabilities Act (ADA) Transition Plan (the 2023 Transition Plan). The legally required 2023 Transition Plan identifies required improvements to the Town’s programs, services, activities, and assets to achieve compliance with the ADA. The 2023 Plan was completed in spring 2023. The original agreement was for $130,000 with the term ending December 31, 2022.
Amendment 1 to the agreement, approved by the Town Council on April 5, 2022, extended the term through December 31, 2023, and increased the compensation by $40,000 for a total contract amount of $170,000. The additional services included evaluation of the Town-owned rights-of-way (e.g., sidewalks, curb ramps, etc.) and on-call services related to implementing the Transition Plan. Compliance with the Americans with Disabilities Act and implementation of the 2023 Transition Plan is an ongoing process that staff consistently endeavors to undertake. As such, staff has continued to implement the Plan as needs arise and capital projects are implemented.
Amendment 2 to the agreement, approved by the Town Council on December 5, 2023, extended the term through December 31, 2024, and increased the compensation by $50,000 for a total contract amount of $220,000. The additional services included continued support in implementation of the Transition Plan for townwide programs, policies, and procedures, Townowned rights-of-way, Facilities, and Town Parks. Compliance with the Americans with Disabilities Act and implementation of the 2023 Transition Plan continues to be an ongoing process as does DAC’s upkeep of the ADA tracking database, DACTrak.
DISCUSSION:
Since the execution of Amendment 2, staff has continued to implement the necessary ADA improvements when possible. Examples of this include the Annual Curb, Gutter, Sidewalk Project (CIP 813-9921) where select sidewalks and curb ramps are replaced annually to comply with ADA standards. In 2024, the Town again contracted to remove trip hazards on sidewalks around the Los Gatos High School and the remaining elementary schools in Town that were not completed in the 2023 work. In completing this work, staff coordinates with DAC to update the database of required improvements and demonstrate compliance with the ADA.
With the requested action, staff is proposing a third amendment to extend the duration of the current contract to June 30, 2025. Under this amendment, DAC will continue to assist the Town in the prioritization of future Town programs and projects, and provide as-needed consultation services to support implementation of the 2023 Transition Plan.
ITEM NO. 12.
PAGE 3 OF 4
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the Agreement for Consultant Services with Disability Access Consultants, LLC to Extend the Term of the Agreement from December 31, 2024, to June 30, 2025, for the Annual ADA Compliance Work Project (CIP No. 812-2013)
DATE: November 27, 2024
CONCLUSION:
The Town Council’s authorization of the third amendment for the ADA Transition Plan agreement would allow DAC to continue to provide ADA consulting services for future Town programs and projects to implement the 2023 Transition Plan.
COORDINATION:
This report was coordinated with Community Development and the Finance Department.
FISCAL IMPACT:
This action does not have a fiscal impact on the project. There are sufficient funds in the existing CIP project budget for the remainder of this agreement.
ANNUAL ADA COMPLIANCE WORK
CIP No. 821-2013
Budget Costs
GFAR $ 80,000
Total Budget $ 80,000
Costs
Disability Access Consultants, LLC Agreement*
Including Encumbrance $ 32,130
Total Costs $ 32,130
Available Balance $ 47,870
* This agreement was initially authorized and partially expended in project 812-0129 ADA Transition Plan. At the end of FY23/24, Project 812-0129 was closed and the remainder of the contract was consolidated into Project 821-2013 Annual ADA Compliance Work. The total agreement amount including amendments is $220,000. However, only the remaining $32,130 agreement balance carried forward to Project 821-2013 from Project 812-0129 ENVIRONMENTAL ASSESSMENT:
The actions associated with this item are not a project defined under CEQA, and no further action is required.
ITEM NO. 12.
PAGE 4 OF 4
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the Agreement for Consultant Services with Disability Access Consultants, LLC to Extend the Term of the Agreement from December 31, 2024, to June 30, 2025, for the Annual ADA Compliance Work Project (CIP No. 812-2013)
DATE: November 27, 2024
Attachment:
1. Third Amendment – Agreement for Consultant Services - Disability Access Consultants, LLC with Exhibit A (Original Agreement and Previous Amendments) and Exhibit B (Updated Scope of Services)
ITEM NO. 12.
ATTACHMENT 1
THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 3RD day of December 2024 and amends that certain SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES dated December 19, 2023, made by and between the Town of Los Gatos, ("TOWN") and Disability Access Consultants, LLC (“CONSULTANT”) identified as a Partnership and whose address is 2862 Olive Highway, Suite D, Oroville, CA 95966.
RECITALS
A. TOWN and CONSULTANT entered into an Agreement for Consultant Services on April 1, 2021, (“Agreement”), a First Amendment to Agreement for Consultant Services on April 5, 2022, and a Second Amendment to Agreement for Consultant Services on December 19, 2023, copies of which are attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. TOWN desires to amend the Agreement to extend the term of the agreement.
AMENDMENT
1. Section 2.2 Term and Time of Performance is amended to read as follows:
This contract shall remain in effect from April 1, 2021, to June 30, 2025.
2. All other terms and conditions of the Agreement remain in full force and effect.
Disability Access Consultants – Third Amendment to Agreement for Consultant Services
ITEM NO. 12.
IN WITNESS WHEREOF, the Town and CONSULTANT have executed this Amendment.
Town of Los Gatos, by: CONSULTANT, by:
Chris Constantin Tim Mahoney, General Manager
Town Manager
Department Approval:
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
ITEM NO. 12.
SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 19th day of December 2023 and amends that certain FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES dated April 5, 2022, made by and between the Town of Los Gatos, ("TOWN") and Disability Access Consultants, LLC (“CONSULTANT”) identified as a Partnership and whose address is 2862 Olive Highway, Suite D, Oroville, CA 95966.
RECITALS
C. TOWN and CONSULTANT entered into an Agreement for Consultant Services on April 1, 2021, (“Agreement”), and a First Amendment to Agreement for Consultant Services on April 5, 2022, copies of which are attached hereto and incorporated by reference as Exhibit A to this Amendment.
D. TOWN desires to amend the Agreement to increase the scope of work, extend the term, add to the compensation, and add to the minimum scope of insurance of the agreement.
AMENDMENT
1. Section 2.1 Scope of Services is amended to read as follows:
Consultant shall provide services as described in that certain Proposal dated November 27, 2023, which is hereby incorporated by reference and attached as Exhibit B.
2. Section 2.2 Term and Time of Performance is amended to read as follows:
This contract will remain in effect from April 1, 2021, to December 31, 2024.
3. Section 2.6 Compensation is amended to read as follows:
Compensation for Consultant’s professional services shall be increased by $50,000 for a total agreement amount not exceed $220,000. Payment shall be based upon Town approval of each task based on Exhibit B.
4. Section 3.1 Minimum Scope of Insurance is amended to read:
Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than:
two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
5. All other terms and conditions of the Agreement remain in full force and effect.
Disability Access Consultants – Second Amendment to Agreement for Consultant Services
ITEM NO. 12.
DocuSign Envelope ID: 3B7E9204-15B5-4C96-A09D-47324E424C98
IN WITNESS WHEREOF, the Town and CONSULTANT have executed this Amendment.
Town of Los Gatos, by: CONSULTANT, by:
Laurel Prevetti Tim Mahoney, General Manager
Town Manager
Department Approval:
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk Disability Access Consultants – Second Amendment to Agreement for Consultant Services
ITEM NO. 12.
DocuSign DocuSign Envelope Envelope ID: 3B7E9204 18FC5912-15B5 040-4C96A22-B5DB A09D--47324E424C98 C1E5F4DF969B Disability Access Consultants – First Amendment to Agreement for Consultant Services Americans with Disabilities Act (ADA) Transition Plan Project CIP No. 812-0129
EXHIBIT A
FIRST AMENDMENT TO
AGREEMENT FOR CONSULTANT SERVICES
Americans with Disabilities Act (ADA) Transition Plan Project CIP No. 812-0129
This FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 5th day of April 2022 and amends that certain AGREEMENT FOR CONSULTANT SERVICES for the Americans with Disabilities Act (ADA) Transition Plan Project CIP No. 812-0129, dated April 1, 2021, made by and between the Town of Los Gatos, ("TOWN") and Disability Access Consultants, LLC (“CONSULTANT”).
RECITALS
A. TOWN and CONSULTANT entered into an Agreement for Consultant Services on April 26, 2021, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.
B. TOWN desires to amend the Agreement to increase the scope of work and compensation of the agreement
C. TOWN desires to amend the Agreement to extend the agreement term to December 31, 2023.
AMENDMENT
1. 2.2 Term and Time of Performance is amended to read as follows:
Term and Time of Performance. This contract will remain in effect from April 12, 2021 to December 31, 2023. Consultant shall perform the services described in this agreement as follows: (refer to Exhibit A - Scope of Services).
2. 2.6 Compensation is amended to read as follows:
Compensation. Compensation for Consultant’s professional services shall not exceed $170,000 inclusive of all costs as described in Exhibit B – Additional Services Proposal dated March 17, 2022. Compensation shall be based upon TOWN approval of each task as outlined in the terms of the Exhibit A – Scope of Services and Exhibit B – Additional Services Proposal.
3. All other terms and conditions of the Agreement remain in full force and effect.