Los Gatos City Council
January 21, 2025

ITEM NO. 9.

Vegetation Management Risk Reduction Project (Open Space) Project Exhibit B – Proposal Forms CIP 832-4508 / Federal Project No. HMGP DR-4407-506-75R Page B-13 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ________[date], at ______________[Town], ___[state]
By: __________________________________________
Name: __________________________________________
Title: __________________________________________
June 27, 2024 CA
Debie Montana
CEO and Principal Biologist
Walnut Creek
Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

Vegetation Management Risk Reduction Project (Open Space) Project Exhibit B – Proposal Forms CIP 832-4508 / Federal Project No. HMGP DR-4407-506-75R Page B-14

NON-COLLUSION DECLARATION
This form must be printed out, completed, and submitted with the Bid.

The undersigned declares:

I am the ______________________ [Insert Title] of ____________________________,[Insert name of company, corporation, LLC, partnership or joint venture] the party making the foregoing Proposal.

The Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Proposal is genuine and not collusive or sham. The Proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham Proposal. The Proposer has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or to refrain from responding. All statements contained in the Proposal are true.

Any person executing this declaration on behalf of a Proposer that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Proposer.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ________[date], at ______________[Town], ___[state]
By: __________________________________________
Name: __________________________________________
Title: __________________________________________
CEO and Principal Biologist Sequoia Ecological Consulting, Inc.

JUne 27, 2024 CA
Debie Montana
CEO and Principal Biologist
Walnut Creek
Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

Vegetation Management Risk Reduction Project (Open Space) Project Attachment D – Proposal Price Sheet CIP 832-4508 / Federal Project No. HMGP DR-4407-506-75R Page D-1

ATTACHMENT D - PROPOSAL PRICE SHEET
The quantities shown on the Proposal forms are approximate only, being given as a basis for the comparison of Proposals, and the Town does not, expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount or class or portion of the work as may be deemed necessary or advisable by the Director of Parks & Public Works. This Proposal will be rejected if Proposer fails to provide a Proposal for each item.

The Town reserves the right to make a comparison of Proposals based on any combination of the above alternate Proposal items.

For all services described in the Proposer’s Scope of Services, unless excluded by the Town in description of services below, the Town shall consider unit prices below to include all labor, equipment, fees of any kind, overhead, insurance, fuel, materials, surcharges, disposal fees, and any other costs associated with and necessary for the Proposer to perform such service. No qualifications, exemptions, or alterations of services described below will be allowed. Failure to comply will result in disqualification of Proposal.

Proposed Cost Per Task for All Locations
Task Description Cost ($)
Task 1: Meetings and Project Documentation
Task 2: Data Collection and Review
Task 3: Preconstruction Surveys
Task 4: Environmental Awareness Training
Task 5: Field Monitoring of Construction Activities
Task 6: Project Environmental Reporting

TOTAL PROJECT COST
Work will be paid hourly Not to Exceed the values listed above. Proposers must attach a rate sheet to this Proposal Price Sheet.
$15,585
$2,090
$50,540
$3,529
$76,240
$34,181
$181,165
Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

Vegetation Management Risk Reduction Project (Open Space) Project Attachment D – Proposal Price Sheet CIP 832-4508 / Federal Project No. HMGP DR-4407-506-75R Page D-2

SIGNATURE
_____________________________________ ____________________________________ Signature Title
_____________________________________ ____________________________________ Name (printed or typed) Date
_____________________________________ ____________________________________ Telephone Fax
_____________________________________ ____________________________________ Tax ID Number Los Gatos Business License Number
19114593
CEO and Principal Biologist
Debie Montana June 27, 2024
(925) 989-7011
454136627
N/A
Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

Sequoia Ecological Consulting, Inc.

Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) Resumes
Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

Debie Montana, M.S., Certified Project Manager
President and Principal Biologist

AREAS OF EXPERTISE
 Program and Project
Management
 Fuels Management Strategy,
Planning, and
Implementation
 CalVTP Implementation
 Stakeholder Engagement
 Technical Team Development
and Management

EDUCATION
M.S., Biological Sciences with
Concentration in Organismal
Biology, Conservation and
Ecology, San Jose State
University
B.S., Biological Sciences with
Concentration in Conservation
and Organismal Biology, San
Jose State University
Certificate, Project
Management, University of
California, Davis

SELECT TRAININGS
CEQA/NEPA Workshop
Habitat Conservation Planning
and Implementation
Land Use in California
Debie Montana is a Project Management Professional and the President of Sequoia Ecological Consulting, a small, woman-owned business enterprise. As President she is responsible for the corporate operation and fulfillment of contractual obligations for the firm. Since founding Sequoia in 2011, Mrs.

Montana has grown her Company to a full-time staff of 45 qualified biologists, planners, project managers and regulatory specialists providing large-scale wildfire mitigation program support, project management, CEQA/NEPA compliance, CalVTP Support, pre- and post-fire surveys and analysis, and regulatory compliance support at the state and federal levels Certified in Project Management by the University of California at Davis, Mrs. Montana oversees large-scale fuels treatment projects spanning diverse regions and habitats. She serves as Principalin-Charge on Sequoia's fuels treatment efforts for numerous Moraga-Orinda Fire District efforts, as well as planning and implementation of more than 40 projects for the Marin Wildfire Prevention Authority. She served in the same capacity on projects including the Caldor Fire Restoration efforts with El Dorado RCD, dozens of projects under East Bay Regional Park District's Fuel Management Program, and she also worked closely with the San Mateo County Parks Department and CAL FIRE to provide focused species and rare plant surveys for fuel reduction activities covering more than 2,000 acres of park land.

With more than 20 years of experience in the environmental industry, Mrs.

Montana has developed a resume with extensive program management experience within both the private and public sectors. She oversees complex environmental compliance efforts that apply her conservation and organismal biology and fisheries background with her strong an understanding of all aspects of environmental analysis, and her extensive knowledge of environmental permitting through federal, state and local agency processes.

As a wildlife biologist, Mrs. Montana has worked on projects and with technical scientific experts throughout California. Her duties have ranged from authoring biological assessments and Natural Environmental Studies, to performing resource management and mitigation plans, to overseeing large-scale fuels treatment, utility, and development projects spanning regions, a variety of habitats, and numerous permitting agencies. Mrs. Montana’s main strength is providing oversight, quality assurance, budget control, schedule adherence, and technical review on large-scale projects. She has built and managed multi-disciplinary teams of technical experts, to successfully complete projects across the state.

Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

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RELEVANT EXPERIENCE
San Mateo Resource Conservation District La Honda Fuel Break Project San Mateo Resource Conservation District (RCD) is preparing to implement the La Honda Shaded Fuel Break, which constitutes an approximately 19-mile fuel break surrounding the community of La Honda in unincorporated San Mateo County. Sequoia’s team is designing a CalVTP treatment plan that will balance the needs of the RCD, the La Honda community, stakeholders, and environmental protection while reducing dense vegetation and ladder fuels to provide safe access for firefighting personnel and potentially slow the spread of lower-intensity fires. Because portions of the project area include land outside of the State Responsibility Area (SRA), Sequoia is preparing a Project Specific Analysis and Addendum to the CalVTP PEIR. Sequoia will support the RCD with implementation of the project by developing contracting strategies and efficiencies, reviewing contract specifications and work descriptions/orders, and providing inspection support.

Sonoma County Regional Parks Hood Mountain Regional Park & Open Space Preserve Vegetation Management Planning for Ecosystem Resilience, Fire Hazard Reduction, and Climate Adaptation Following heavy impacts to the area by the 2017 Nuns Fire and the 2020 Glass Fire, Sequoia is providing consultant services for vegetation management planning throughout the 950-acre Hood Mountain Regional Park and Open Space Preserve. Sequoia performed a thorough review of existing vegetation management documents and past management activities from the 1990s, and visited the site to complete a current condition assessment. Based on the information gathered, Sequoia is preparing a draft Vegetation Management Report that integrates prior plans and evaluations, and includes GIS mapping to prioritize management recommendations. The Vegetation Management Report will undergo levels of review with stakeholders for input into the final document.

Moraga-Orinda Fire District, Tunnel Hills East Bay Shaded Fuel Break Project Sequoia provided vegetation mapping services and support for MOFD’s grant application, and we are assisting with planning and implementation. Permitted under the CalVTP, this project required a Project-Specific Analysis (PSA) checklist and CalVTP addendum. Sequoia supported MOFD with the PSA process, preparing a full PSA Addendum. We managed biological and cultural resource assessments, SPR implementation, environmental training for crews, environmental compliance monitoring, agency coordination, communication with the public, mapping, and contractor coordination. Protocol-level surveys for sensitive plants and Alameda whipsnake are anticipated, and if needed Sequoia may also provide protocol or reconnaissance-level surveys for other species, wetland delineations, and agency coordination. Sequoia conduct detailed preliminary surveys of proposed work areas before commencement of work, and will also conduct post-treatment surveys of treated areas. The data collected during these surveys will help MOFD to document permit compliance as well as inform the need for future maintenance work and assess post-treatment fire risk.

Moraga-Orinda Fire District, North Orinda Shaded Fuel Break Project Divided into a total of 55 “treatment units”, this 1,900-acre fuel break project employed a variety of specific fuel management techniques including understory clearing, tree pruning, brush clearing, chipping, mowing, and select tree removal. Mrs. Montana participated in a series of meetings with Moraga-Orinda Fire Department, members of the public, and agencies including CAL FIRE, EBMUD, EBRPD, CDFW, and CNPS. Sequoia compiled BMPs to satisfy the requirements of existing habitat conservation plans, incidental take permits, and biological opinions which had already Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

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undergone the CEQA process for projects nearby. Sequoia identified suitable Avoidance and Minimization Measures that would satisfy the existing Habitat Conservation Plan for Fuel Reduction Projects, and the EIR, Biological Opinion and Wildfire Hazard Mitigation Plan. We collaborated with CDFW and USFWS on field methods, crew training, and biological monitoring that would be implemented. Sequoia collaborated closely with fire crews to develop fire prescriptions, and performed permit interpretation and recommendations for communication with USFWS and CDFW. Sequoia also helped determine the appropriate treatment type (hand tools vs mastication) for various work areas based on quality of habitat for AWS, legal restrictions of the site (private vs EBMUD vs EBRPD property) and safety/slope concerns.

Diablo Fire Safe Council/Moraga Orinda Fire Department, Canyon Shaded Fuels Break The Diablo Fire Safe Council provided the Moraga Orinda Fire Department with a grant to conduct fuels thinning activities in a critical fire break area of Pinehurst Road in Canyon, California. Sequoia was asked to provide biological services in support of the fuels reduction project including nesting bird surveys in advance of fuels treatment activities, and consulting services for environmental compliance.

San Mateo County Parks Fuel Break Projects, Huddart and Wunderlich County Parks San Mateo County Parks is planning on implementing fuels reduction work spanning over 70 acres of chaparral, redwood forest, and oak woodland habitat starting in 2021. In support of this effort to prepare for forest health treatments and to avoid impacting sensitive plant species and natural communities within the Project area, Sequoia assisted the Parks District by performing three rounds of targeted rare plant surveys in both Huddart and Wunderlich County Parks. Focal species included: Kings Mountain manzanita, western leatherwood, and Michael’s rein orchid.

Georgetown Divide Resource Conservation District Georgetown Fuel Reduction Project Working collaboratively with the Georgetown Divide Resource Conservation District (GDRCD), Sequoia provided environmental planning and compliance services for this project which reduced understory ladder and surface fuels by managing and removing vegetation on and within 200 feet of BLM land in the South Fork American River Watershed.

The project minimizes the risk of wildfire damage to forest resources, communities, and infrastructure in the project area. Sequoia’s ensured project compliance with the Migratory Bird Treaty Act, Federal Endangered Species Act, and California Endangered Species Act. Our approved biologists were on-site throughout the project to conduct surveys for nesting birds, plants, and other sensitive species and resources. The biologists delineated and flagged no-disturbance buffers wherever the presence of a sensitive/special-status species (e.g., nesting birds, western pond turtle, California red-legged frog, Yuma myotis, Red Hills soaproot) and/or their nests are detected. Sequoia mapped out the project area to keep the contractor aware of the locations of any biologically sensitive resources to protect these resources during project activities.

Caldor Fire Recovery, Forest Restoration Action Plan
The El Dorado County Resource Conservation District (RCD) played a lead role in post-fire recovery effort for area effected by the Caldor Fire. This pilot project was established to create a scalable, efficient, and effective process for future use by future fire recovery efforts. Under the Caldor Fire Recovery Plan, Sequoia has been tasked with providing environmental and cultural compliance to aid in post fire restoration of fire-impacted non-industrial private lands within the Caldor burn area of El Dorado County. Sequoia has worked closely with the El Dorado Resource Conservation District to develop appropriate regulatory pathways for various communities affected by the fire. Through a Categorical Exemption for the Grizzly Flat subdivision, and use of the Cal-VTP PEIR for the remainder of the non-industrial private Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

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lands, Sequoia has provided project design and management, development of the Categorical Exemption and implementation of the Cal-VTP PEIR, and environmental compliance surveys and monitoring of protected resources including (rare plants, aquatic features, California red-legged frog, foothill yellow-legged frog, Sierra Nevada yellowlegged frog, western pond turtle, great gray owl, California spotted owl).

El Dorado Resource Conservation District-Fire Adapted 50 Phase 1B – Wildland Fire Protection Program The Fire Adapted 50 Phase IB - Wildland Fire Protection Program is Phase B of a series of projects identified by CAL FIRE, the U.S. Forest Service, El Dorado Resource Conservation District, and the Georgetown Divide Resource Conservation District. The project will conduct vegetation treatments on both private and USFS lands designed to interrupt potential wildfire behavior by reducing the rate of spread and intensity of fire. Sequoia is providing environmental consulting services to ensure Project compliance with all Federal, State, and local regulations and project permits; including but not limited CEQA/NEPA compliance (evaluation, surveys, consultations, communications, information exchange, reporting, monitoring, mapping and document management, etc.).

East Bay Regional Park District’s Wildlife Hazard Reduction Program and Resource Management Plan Since 2014, Mrs. Montana has worked with the East Bay Regional Park District (EBRPD) on planning and implementation of their FEMA-funded Wildfire Hazard Reduction and Resource Management Plan. The program extends throughout more than 40 sites on EBRPD property in Alameda and Contra Costa Counties. Sequoia’s work includes interpretation of their Biological Opinion, Incidental Take Permit, and Environmental Impact Report. Sequoia worked with the District to create standard operating procedures for programmatic work, submitting annual reports to USFWS and CDFW, and coordinates communication and meetings with the District, manages and supervises field activities, performs focused surveys, conducts environmental training for field and Park personnel, and provides biological monitoring services for implementation of Avoidance and Minimization Measures during fuels treatment activities.

Marin Wildfire Prevention Authority Environmental Compliance Consulting Services for Wildfire Prevention/Hazard Mitigation Projects
The Marin Wildfire Prevention Authority is working to permit a large number of fire prevention projects throughout Marin County. The projects use a wide variety of fuels reduction treatments to achieve their goals, from goat grazing to creating large fuel breaks using mechanical mastication. Sequoia is providing biological services during planning and implementation each of the 40-plus projects within the MWPA work plan. Sequoia’s early involvement during the planning phase allows us to assist in designing projects that avoid environmental impacts and maximize available funds.

As projects are approved and fully permitted, Sequoia biologists assist with specialized surveys including nesting bird surveys, sensitive plant surveys, invasive species mapping, protocol-level northern spotted owl surveys, and biological monitoring of work, when required.

CAL FIRE’s Kings Mountain Road and Quarry Park Fuel Reduction Projects Mrs. Montana oversaw biological support efforts on CAL FIRE’s King’s Mountain Road Fuel Break project in San Mateo County Parks Department’s Huddart County Park. Sequoia’s technical specialists provided focused endangered species and botanical surveys ensure AMM compliance in advance of fuel reduction activities and adherence to CAL FIRE’s Fuel Reduction Avoidance and Minimization Measures. Work included pre-treatment assessments were conducted, collecting data regarding species cover, composition, and invasive species present. Post-treatment assessments will be conducted within a year to treatment to determine maintenance intervals for the fuel break.

Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

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Sequoia also provided environmental consulting services to the San Mateo Santa Cruz unit of CAL FIRE for the Quarry Park Emergency Shaded Fuel Break Project. Sequoia assisted CAL FIRE with special protection measures and potential operational (biological) constraints. Sequoia’s biologists conducted preliminary surveys of proposed work areas focusing on the presence of nesting birds, sensitive species and their habitat, existing erosion or signs of other work already competed, and safety hazards such as wasp nests or access issues.

PG&E’s Wildfire Safety Inspection Program Throughout PG&E Territory Following the 2017 and 2018 wildfires, PG&E’s Wildfire Safety Inspection Program (WSIP) has been implemented in addition to routine inspection and maintenance programs, to further reduce wildfire risk. As part of this program, Mrs.

Montana is overseeing permit compliance support, technical studies, endangered and sensitive species studies, surveys, and data collection, and project reviews at various sites throughout PG&E’s service territory, from Humboldt to Bakersfield.

U.S. Bureau of Reclamation (USBR) Battle Creek Salmon and Steelhead Restoration Project Sequoia is currently leading the environmental compliance support team for the Bureau of Reclamation’s Battle Creek Salmon and Steelhead Restoration Project, which will restore about 48 miles of salmonid habitat. Sequoia is providing technical expertise to the USBR and is supporting fish and wildlife and regulatory issues. Planning and implementation includes extensive terrestrial and aquatic surveys, permit reviews and applications, vegetation plans, fish and other resource management plans, and environmental compliance monitoring and reporting during construction.

Sugarloaf Ridge State Park Post-Wildfire Northern Spotted Owl Surveys Following the October 2017 wildfires, northern spotted owl surveys were requested at Sugarloaf Ridge State Park to document owl presence within the park during the 2018 field season. Mrs. Montana oversaw performance of surveys satisfying the USFWS 1-year protocol requirement. Sequoia biologists conducted a desktop review of prior northern spotted owl territories and habitat within the park, mapped suitable habitat and placing survey points, and prepared the year-end survey report and submitting it to State Parks.

Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

Kyle Verblaauw, MS
Assistant Project Manager | Biologist

AREAS OF EXPERTISE
 Biological monitoring
 Special-status species surveys
 Amphibian dip net surveys
 Burrow excavations
 Vegetation mapping

EDUCATION
MS, Environmental
Management (Ecology),
University of San Francisco
BA, Environmental Studies
(Biology), University of
California Santa Barbara
UC Education Abroad Program,
(Marine Biology and Terrestrial
Ecology), University of
Queensland, Australia

PERMITS/CERTIFICATIONS
USFWS 10(a)(1)(A) Recovery
Permit #ESPER0045160 for
California Tiger Salamander and
California Red-legged Frog
CDFW Scientific Collecting
Permit #S-211500002-21363-
001 and MOU for California
Tiger Salamander, and
California Red-legged Frog

MEMBERSHIPS AND

PROFESSIONAL ASSOCIATIONS
The Wildlife Society
Golden Gate Audubon Society
Kyle Verblaauw is an experienced field biologist with more than 9 years of professional experience. Kyle has extensive monitoring and special-status species experience within California. While completing a Master’s degree in Environmental Management at the University of San Francisco, Kyle has worked as in the consulting industry with experience conducting pre-construction surveys, seine and dip-net surveys, biological and regulatory compliance monitoring, rare plant surveys, non-native vegetation mapping, nesting bird surveys, providing worker environmental awareness training (WEAP), and managing/coordinating projects.

He has experience working on projects with special-status species including the California tiger salamander, California red-legged frog, foothill yellow-legged frog, Alameda whipsnake, salt marsh harvest mouse, western burrowing owl, giant kangaroo rat, Pacific herring, western snowy plover, San Francisco garter snake, San Francisco dusky-footed woodrat, nesting birds, and marine mammals. Special status plant species observed include fountain thistle and Crystal Springs lessingia.

Kyle specializes in California tiger salamander and California red-legged frog work and has experience implanting PIT tags, conducting/overseeing burrow excavations, checking pitfall traps, cover boards, and exclusion fences, and conducting amphibian dip-net surveys. He possesses a USFWS 10(a)1(A) Recovery Permit for California tiger salamander and California red-legged frog, and a California SCP and MOU for California tiger salamander. He has also attended various professional workshops focusing on California red-legged frog, foothill yellow-legged frog, California tiger salamander, western pond turtle, salt marsh harvest mouse, western burrowing owl, western snowy plover, Ridgway’s rail, California least tern, Alameda whipsnake, as well as Pacific herring and salmonids.

RELEVANT EXPERIENCE
Marin Wildfire Prevention Authority (MWPA) – Environmental Services for Wildfire Prevention/Hazard Mitigation Projects; Marin County, CA April 2022 - Ongoing
The Marin Wildfire Prevention Authority (MWPA) is working to permit a large number of fire prevention projects throughout Marin County. The projects use a wide variety of fuels reduction treatments to achieve their goals, from goat grazing to creating large fuel breaks using mechanical mastication. Sequoia is providing biological services during planning and implementation for each of the Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

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40-plus projects within the MWPA work plan. Sequoia’s biologists conduct literature reviews of biological resources and field assessments, prepare and present environmental trainings, and provide ongoing specialized expertise to assist the MWPA. Mr. Verblaauw’s role includes:
 Project management and coordination, client communications, coordination of biologists for preconstruction surveys, nesting bird surveys, and botanical surveys
 Develop Biological Resources Report and prepare other deliverables for client  Conducting northern spotted owl survey using call back survey method (1 adult male observed)  Conducting nesting bird, woodrat, and rare plant surveys ahead of vegetation clearing crews  Identified nesting great horned owl, Anna’s hummingbirds (2), and bushtits (2) San Mateo County Parks, Edgewood Shaded Fuels Break, Redwood City, CA May 2022 – August 2022
San Mateo County Parks (SMCP) is conducting fuels reduction activities in Edgewood County Park to provide a defensible space buffer against potential wildfires for nearby homes. As project coordinator for this effort, Mr. Verblaauw’s roles included:
 Providing project support and oversight for field biologists  Quality control and assurance of weekly deliverables
 Communications and coordination with Parks staff
 Conducting surveys for special status species and nesting birds San Mateo County Parks, Quarry Park Shaded Fuels Break, El Granada, CA June 2022 - September 2022
San Mateo County Parks (SMCP) is conducting fuels reduction activities and habitat restoration at Quarry Park. The goal of the project is to reduce flammable vegetation onsite, including removal of numerous eucalyptus trees and clearing the understory of dense brush. As the project coordinator for this effort, Mr. Verblaauw’s roles included:
 Providing project support and oversight for field biologists  Quality control and assurance of deliverables
 Communications and coordination with Parks staff
 Conducting pre-activity surveys for San Francisco dusky-footed woodrat, California red-legged frog, and nesting birds, as well as flagging resources and communicating survey results to crews on the ground US Bureau of Reclamation - B.F. Sisk Dam SOD Modifications - Phase I; Gustine, CA August 2022 – Ongoing
The B.F. Sisk Dam Safety of Dams Modification Project is a joint venture by the United States Bureau of Reclamation (BOR) and California Department of Water Resources (DWR). Sequoia is contracted by NW Construction and the BOR to provide environmental compliance support during Phase 1 of the B.F. Sisk Dam Safety of Dams Modification Project, which will improve public safety by increasing the height of the dam and adding stability berms and other safety Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

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features to reduce the likelihood of the dam overtopping during an earthquake. Our role involves special-status species monitoring and surveys, burrow excavation, and management of the tule elk herd present onsite. Species known to occur or with potential to occur on the project include tule elk, San Joaquin kit fox, California tiger salamander, California red-legged frog, American badger, burrowing owl, Swainson’s hawk, and bald eagle. Mr. Verblaauw’s roles include:
 Conduct monthly CRLF visual encounter surveys (day and night) in occupied CRLF habitat within the Project area  Conducting exclusion fence checks for CTS and CRLF
 Surveying for suitable burrow habitat for SJKF and CTS  Maintenance on Thule elk camera traps
 Monitoring construction activities
East Bay Regional Park District McCosker Sub-Area Creek Restoration and Recreational Improvements Project; Montclair, CA
August 2020 - Ongoing
The East Bay Regional Park District has been restoring ecological function to two existing culverted creeks in the McCosker sub-area of Sibley Regional Park. Working under a CDFW Incidental Take Permit (No. 2081-2018-070-03), USFWS Biological Opinion (#08ESMF00-2019-F-015), USACE and RWQCB 401/404 permits, and CDFW 1600 Lake and Streambed Alteration Agreement. Mr. Verblaauw’s duties include:
 Conducting long-term vegetation monitoring to determine success of restoration plantings  Conducting biological monitoring work activities for special-status species: nesting birds and raptors, Alameda whipsnake, California red-legged frog, and San Francisco dusky-footed woodrat  Developing the 2022 annual status report summarizing covered project activities and describing project compliance with permits
Bourdet Ranch Conservation Banking; Santa Clara County, CA May 2023 - Present
Sequoia Ecological Consulting, Inc. is assisting the Bourdet Family to establish a conservation bank on their 3,354-acre property in Santa Clara County, CA. Sequoia is tasked with all necessary biological surveys to determine absence/presence of listed species within the property, including pond sampling for California tiger salamander and California red-legged frog. Once biological resources are evaluated, Sequoia is conducting a bank feasibility analysis and designing the conservation bank. Sequoia is directly coordinating with the agencies on behalf of the Bourdet family and drafting all required documents for establishing a conservation bank including a draft prospectus, prospectus, and additional documents based on agency evaluation of resources on-site. Mr. Verblaauw supported this project by:
 Performing aquatic surveys for amphibian surveys, including California tiger salamander and California redlegged frog  Performing eDNA sampling for CTS and CRLF
Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

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Upper Llagas Creek Flood Protection Project; Gilroy, San Martin, and Morgan Hill, CA September 2019 - Ongoing
Under contract with the Santa Clara Valley Water District, several contractors are conducting channel improvements on existing creek reaches and constructing new creek channels to reduce or prevent flooding during major storm events.

Sequoia has performed work for the contractor as well as owner to assist in meeting habitat preservation, restoration, and improvement goals as stipulated by the project plan. Kyle’s responsibilities include:
 Conducting pre-construction surveys and construction monitoring for nesting birds, and general special-status species under CDFW and USFWS permits.
 Identifying habitats and suitable breeding locations for federally and state special-status species  Monitoring turbidity, dissolved oxygen, temperature, pH, and erosion within the watercourses  Special-status species: California red-legged frog, California tiger salamander, western pond turtle San Mateo County Parks, Sawyer Camp Trail Culvert Replacement Project, San Mateo County, CA July 2022 - September 2022
San Mateo County Parks (SMCP) is replacing 16 failed or badly degraded culverts along the Sawyer Camp Trail near the Crystal Springs Reservoir. Prior to construction implementation, special-status species surveys are required, including surveys for: nesting birds, San Francisco dusky-footed woodrat, California red-legged frog, San Francisco garter snake, and western leatherwood. Biological monitoring during all ground-disturbing activities is also required. Mr. Verblaauw supported SMCP on this project as Sequoia’s project coordinator by:
 Providing project support and oversight for field biologists  Quality control and assurance of deliverables
 Communications and coordination with Parks staff
 Conducted biological monitoring
East Bay Regional Park District Routine Maintenance Projects; Alameda and Contra Costa Counties, CA September 2020 – Ongoing
Sequoia Ecological is supporting EBRPD with an on-call contract to conduct pre-activity surveys, water quality monitoring, and biological compliance monitoring for routine maintenance projects under their regulatory permits.

Species to be avoided include: Alameda whipsnake, California red-legged frog, California tiger salamander, giant garter snake, Ridgway’s rail, California least tern, salt marsh harvest mouse, San Joaquin kit fox, vernal pool branchiopods, snowy plover, pallid manzanita, nesting birds, and San Francisco dusky-footed woodrat. Mr. Verblaauw’s duties included:
 Providing environmental awareness training to construction crews  Conducting nesting bird surveys and preconstruction surveys for special status species  Biological monitoring during work activities and ensuring project’s compliance with regulatory permits Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

Will Johnson
Climate Resiliency and Restoration Program Manager

AREAS OF EXPERTISE
 Restoration
 Construction management &
QA/QC
 Invasive Plant Management
Planning & Implementation
 Natural Resource
Management & Monitoring
 Mitigation Planning
 Compliance Management
 Plant/Wildlife Surveys

EDUCATION
MS, Biological Sciences,
University of Rhode Island
BS, Biological Sciences,
University of Rhode Island

PERMITS/CERTIFICATIONS
California Contractors State
License Board – C-27 Landscape
Construction License, 1086577,
exp. 2026
California Department of
Pesticide Regulation – Qualified
Applicator License, 162032,
exp. 12/2024
Will Johnson has 16 years of experience in habitat restoration, mitigation planning, inspection and compliance support, natural resource monitoring, and both project and program-level administration and management. Mr. Johnson has provided services on a variety of projects throughout northern California for the past 10 years. He has worked as a field biologist, site superintendent, manager, crew leader, and equipment operator. He has extensive experience in reviewing and implementing work from proposal phase to closeout based on standard specifications, plans and permit requirements. Mr. Johnson has authored site management and long-term maintenance plans, cost proposals, budgets, technical write-ups and project approaches. He has both partnered with and contracted for a diverse number of clients including County, State, Federal-level groups as well as consulting firms, non-profit organizations, special districts, and private landowners.

Mr. Johnson has conducted project work in the vicinity of numerous special status species including California Ridgway’s rail, California black rail, salt marsh harvest mouse, San Francisco garter snake, giant garter snake, California red-legged frog, and California tiger salamander. Mr. Johnson has conducted rare plant surveys and managed projects which had the following species: western burrowing owl, Swainson’s hawk, northern goshawk, golden eagle, foothill yellow-legged frog, Alameda whipsnake, western pond turtle, dusky-footed woodrat.

RELEVANT EXPERIENCE
Mount Tamalpais Fuel Reduction (Various Phases); Mill Valley, CA 2020 - 2023
Mr. Johnson supported Marin Municipal Water District (MMWD) in implementing various fire fuel reduction work, including understory mastication, and hand-crew clearing and thinning work. The work fell under MMWD’s Biodiversity, Fire, and Fuels Integrated Plan (BFFIP). Crews worked in and around sensitive watershed areas and habitat. The entirety of the project was located in steep, wildland terrain. Mr. Johnson served as the project manager.
 Developed cost proposal and technical approach to various restoration activities
 Oversaw crew logistics and scheduling
 Performed project management and coordination with consultants Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

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Will Johnson, MS
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Quarry Park Shaded Fuel Break; El Granada, CA
2023
Mr. Johnson supported San Mateo County Parks (SMCP) in implementing fuels reduction, including removing eucalyptus trees and understory vegetation. The work occurred in and around habitat for San Francisco dusky-footed woodrat, California red-legged frog, and nesting birds. Mr. Johnson served as the project manager (contractor).  Developed cost proposal and technical approach to construction  Oversaw crew logistics and scheduling
 Performed project management and coordination with consultants Green Oaks Restoration; Pescadero, CA
2023
San Mateo County Resource Conservation District (SMCRCD) worked in conjunction with California State Parks to implement a riparian and grassland drainage restoration project. The project included site preparation, grading, log placement, spoils management, and revegetation post equipment work. Mr. Johnson was the project manager for construction (contractor).
 Developed cost proposal and technical approach to restoration and maintenance  Oversaw crew logistics and scheduling
 Performed project management and coordination with consultants Kitteridge Wetland Restoration; Los Gatos, CA
2023
Mr. Johnson worked to support the restoration of a retention pond drainage feature for San Jose Water Company (SJWC). The creation of wetlands at Lake Kittredge was designed to provide habitat for California red-legged frogs, western pond turtles, and nesting olive-sided flycatchers. The scope included re-grading and earthmoving of seasonally flooded depressions, channels and general re-contouring, followed by revegetation and re-seeding of stabilized areas.

Will oversaw construction activities and worked with the client to develop approaches to work, erosion control and reseeding efforts. Mr. Johnson was the project manager for construction (contractor).  Developed cost proposal and technical approach to construction  Oversaw crew logistics and scheduling
 Performed project management and coordination with consultants Arroyo de la Laguna Creek Restoration; Pleasanton, CA
2022 – 2023
The City of Pleasanton’s Arroyo de la Laguna project included site preparation, invasive plant management, restoration planting and long-term maintenance. Mr. Johnson served as the project manager for construction (contractor) and worked alongside Sequoia (consultant).
 Developed cost proposal and technical approach to restoration  Coordinated with City and consulting biologist
Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

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Will Johnson, MS
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 Performed project management and permit compliance
San Rafael Creek Restoration & Maintenance; San Rafael, CA 2021 - 2023
Sonoma Marin Area Rail Transit’s (SMART) San Rafael Creek project included site preparation, invasive plant management, restoration planting and long-term maintenance. Mr. Johnson served as the project manager for construction (contractor) and worked alongside Sequoia (consultant).  Developed cost proposal and technical approach to restoration  Coordinated with SMART and consulting biologist
Performed project management and permit compliance
McCosker Creek Restoration and Improvements; Orinda, CA 2022 - 2023
East Bay Regional Park District’s (EBRPD) McCosker Creek project included invasive plant management and long-term maintenance of native plants and site infrastructure. Mr. Johnson served as the project manager for maintenance (contractor) and worked alongside Sequoia (consultant).  Oversaw crew logistics and scheduling
 Coordinated with EBRPD and consulting biologist
 Performed project management and permit compliance
 Special-status species: nesting birds and raptors, Alameda whipsnake, California red-legged frog, and San Francisco dusky-footed woodrat
Bioregional Habitat Restoration; Sunol, CA
2017 - 2023
San Francisco Public Utilities Commission (SFPUC) manages watershed areas throughout Alameda County. The project included several years of invasive plant management in wildland areas. Treatments were targeted to support native plant establishment and achieve SFPUC’s mitigation and management objectives. Work occurred in and around areas with sensitive species. Mr. Johnson served as a project manager.  Developed cost proposal and technical approach to restoration and maintenance  Oversaw crew logistics and scheduling
 Performed project management and coordination with consultants Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

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Will Johnson, MS
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NASA Ames Research Center Wetland Restoration & Mitigation; Santa Clara, CA 2018
As part of mitigation, NASA was required to investigate soils at a site at Moffett Field in Santa Clara County. Mr. Johnson led a construction team that provided native habitat and erosion control services to a consulting firm for the duration of the soil investigation across the several acre site. The project scope included brush and vegetation clearing ahead of drilling/soil sampling; silt/exclusion fence installation, maintenance and removal; harvesting and transplanting wetland and marsh plant species including pickleweed and saltgrass; hydroseeding and hand-broadcast seeding of native lowland, upland and transitional marsh species; hand-watering and non-chemical weed control to facilitate plant establishment.
 Developed cost proposal and technical approach to construction and invasive plant work  Oversaw crew logistics and scheduling
 Performed project management and coordination with consultants On-Call Restoration & Maintenance; Various East Bay Regional Park properties, CA 2022 - 2023
Mr. Johnson supported East Bay Regional Park District (EBRPD) in implementing various stages of restoration and construction work at several different park units/locations. Work included invasive plant management, erosion control, site maintenance, irrigation troubleshooting and repair, and fence building. Mr. Johnson served as the project manager and lead contract point of contact for all on-call task orders.  Developed cost proposal and technical approach to various restoration activities  Oversaw crew logistics and scheduling
 Performed project management and coordination with consultants Tilden Nature Area Restoration; Berkeley, CA
2018-2023
Mr. Johnson supported East Bay Regional Park District (EBRPD) in restoring pond features, installing native riparian vegetation, constructing trails, fencelines and park amphitheater. Work occurred in and around sensitive creek habitat.

Project included 5 years of follow-up maintenance and stewardship of the site. Mr. Johnson served as the project manager (contractor).
 Developed cost proposal and technical approach to construction  Oversaw crew logistics and scheduling
 Performed project management and coordination with consultants Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

Kelyn McGuire
Staff Biologist

AREAS OF EXPERTISE
 Nesting bird surveys
 Biological monitoring
 Pre-construction surveys

EDUCATION
BA Environmental Studies
(Anthropology), University of
California, Santa Barbara
UC Education Abroad Program,
(Anthropology) University of
Edinburgh, Scotland

MEMBERSHIPS AND

PROFESSIONAL ASSOCIATIONS
The Wildlife Society
Golden Gate Audubon Society
Kelyn McGuire is an enthusiastic biologist with more than a year of experience.

Kelyn has experience conducting nesting bird surveys and special-status species surveys for California tiger salamander, California red-legged frog, Alameda whipsnake, western pond turtle, San Francisco dusky-footed woodrat. She has assisted in rare plant surveys under the supervision of a senior botanist. Kelyn also has performed California spotted owl surveys under the direction of experienced biologists. She has also assisted with bumble bee surveys under the guidance of a permitted biologist. Kelyn has experience performing pre-construction surveys, daily biological monitoring, and delivering environmental awareness trainings.

RELEVANT EXPERIENCE
Moraga Orinda Fire District, Tunnel East Bay Hills Fuel Break; Orinda, CA April 2023 – Ongoing
The Moraga-Orinda Fire District is conducting a fuels reduction project along key access roads in the cities of Moraga and Orinda, CA to minimize the impact of wildfires on local communities by developing fuel breaks and keep roads accessible for evacuation and emergency response. Sequoia is providing biological support on the project to ensure environmental compliance with the fuels reduction work. In support of this project, Kelyn’s role has included:
 Conduct pre-construction surveys for special-status species: California tiger salamander, California red-legged frog, western pond turtle, Alameda whipsnake, San Francisco dusky-footed woodrat
 Perform pre-treatment surveys prior to work being done  Environmentally train fuel reduction crews regarding sensitive species in a high-risk work environment
 Monitor and provide insight to work crews to preserve sensitive species habitat such as core-scrub for Alameda whipsnake and nesting birds
 Carrying out rare plant surveys under the supervision of Senior Botanists
 Providing active monitoring during all pile burning done by fire officials
 Set up trail cameras to track animal activity and behaviors  Place coverboards outside of the project area to provide refuge Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

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 Special-status species: Western pond turtle, California red-legged frog, California tiger salamander, Alameda whipsnake, San Francisco dusky-footed woodrat, Northern spotted owl Contra Costa County Fire Protection District (ConFire) - Lafayette/Walnut Creek Shaded Fuel Break, Contra Costa County, CA
May 2023 – Ongoing
This shaded fuel break project extends about 7 miles surrounding the community of Rossmoor and is expected to treat approx. 250 acres through the reduction of dense vegetation and removal of ladder fuels. Sequoia is providing reconnaissance and plant surveys ahead of vegetation removal, then daily monitoring during implementation. Kelyn’s responsibilities as lead biologist include:
 Helped project kickoff by conducting environmental training for all working crew members  Executed pre-treatment surveys of all project areas before commencement of any work  Organized pre and post treatment
 Managed project coordination and assisted project manager with scheduling, client communication and daily/weekly reporting
 Accompanied Senior Biologist on bumble bee surveys targeting sensitive bumble bee species  Maintained strong communication between client, crew and Sequoia staff  Conduct daily pre-construction surveys for special status species ahead of days work  Recording and mapping rare plant sensitive vegetation communities  Performed reconnaissance surveys prior to implementation phase  Special-status species: Alameda whipsnake, California red-legged frog, California tiger salamander, San Francisco dusky-footed woodrat, western pond turtle, Crotch’s bumble bee, California newt, sensitive bat species Marin Wildfire Prevention Authority (MWPA) –Environmental Services for Wildfire Prevention/Hazard Mitigation Projects, Marin County, CA
April 2023 – Ongoing
The Marin Wildfire Prevention Authority (MWPA) is working to permit a large number of fire prevention projects throughout Marin County. The projects use a wide variety of fuels reduction treatments to achieve their goals, from goat grazing to creating large fuel breaks using mechanical mastication. Sequoia is providing biological services during planning and implementation each of the 40-plus projects within the MWPA work plan. Sequoia’s biologists conduct literature reviews of biological resources and field assessments, prepare and present environmental trainings, and provide ongoing specialized expertise to assist the MWPA. Kelyn’s role included:
 Performing pre-activity surveys for special-status wildlife and plants, as well as nesting birds  Setting up acoustic monitors to record bird activity
 Analyzing acoustic monitor data and providing concise data collection for the client  Conducting nesting bird surveys
Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

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 Special- status species: Northern spotted owl, California red-legged frog, foothill yellow-legged, Ridgway’s rail, black rail, burrowing owl, Western snowy plover, salt marsh harvest mouse, Western bumblebee, monarch butterfly, anadromous fish, various sensitive bat species Bourdet Ranch Conservation Banking; Santa Clara County, CA April 2024
Sequoia Ecological Consulting, Inc. is assisting the Bourdet Family to establish a conservation bank on their 3,354-acre property in Santa Clara County, CA. Sequoia is tasked with all necessary biological surveys to determine absence/presence of listed species within the property, including pond sampling for California tiger salamander and California red-legged frog and special-status bumble bees. Once biological resources are evaluated, Sequoia is conducting a bank feasibility analysis and designing the conservation bank. Sequoia is directly coordinating with the agencies on behalf of the Bourdet family and drafting all required documents for establishing a conservation bank including a draft prospectus, prospectus, and additional documents based on agency evaluation of resources on-site.

Kelyn supported this project by:
 Field assistant for protocol level surveys for candidate bumble bee species (Crotch’s bumble bee)  Safe handling, catch and release of crotch’s bumble bee and other bumble bee species  Successfully identifying Crotch’s bumble bee and other bumble bee species  Assisting in data and mapping management
California State Parks, Mt. Diablo State Park Vegetation Treatment, Pretreatment Biological Surveys and Monitoring; Contra Costa County, CA
April 2023 – May 2023
The Mt. Diablo State Park Vegetation Treatment project involves Cal State Parks identifying key areas in the park that are at risk for wildfires. Multiple different vegetation removal companies are subcontracted to reduce fuel debris that can pose a risk incidents of fire outbreaks. Sequoia biologists provide pretreatment surveys to identify rare plants, special status species, and nesting birds to ensure that fuel removal is within environmental compliance. Kelyn’s duties include:
 Providing pre-construction surveys for special status species and nesting birds  Identifying habitat that can be suitable for special status species such as California red-legged Frog, Western Pond Turtle and Alameda whipsnake
 Providing biological monitoring and reporting
Mariposa Peak Ranch Long-Term Management; Merced and Santa Clara Counties, CA April – May 2024
Sequoia Ecological Consulting is working to establish a conservation easement for Caltrans and a residential development project on private land near Gilroy in order to offset impacts to California tiger salamander and California red-legged frog. Kelyn’s responsibilities on this project included:
 Assisting permitted biologists with pond sampling surveys for California red-legged frogs and California tiger salamanders
Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

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 Aiding in eDNA collection from each pond
 Taking measurements and data collection of California red-legged frog and California tiger salamanders  Conducting visual encounter surveys for western pond turtle, California red-legged frog, California tiger salamander and bullfrogs
 Perform VES eye-shine surveys for bullfrogs
 Use dip net and seine net for protocol level surveys for special-status species Anderson Dam Tunnel Water Quality Monitoring; Morgan Hill, CA October 2023 – Ongoing
This project includes environmental compliance and biological support for heavy civil construction in habitat suitable for several sensitive animal species. Under federal compliance orders, multiple regulatory agency permitting and technical recommendations, and under the Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan, Kelyn is responsible for:
 Performing biological monitoring
 Collecting water-quality data from Multi-Parameter Sondes located at different sites both upstream and downstream from the project location
 Ensuring proper equipment maintenance and calibration to acquire high quality data  Providing daily monitoring summaries to project managers  Special-status species: California tiger salamander, California red-legged frog, western pond turtle, steelhead, coyote ceanothus, nesting birds, golden eagle, bald eagle, pallid bat California State Parks, Northgate Road Emergency Repair Project; Contra Costa County, CA June 2023 – October 2023
Mount Diablo State Park is conducting emergency repair work for culvert and road failures within the park. As a subconsultant to ECORP, Sequoia is providing biological and compliance support for project implementation, including pre-construction surveys for rare plants and biological monitoring during ground-disturbing activities. Species monitored during this project include Alameda whipsnake, California red-legged frog, California tiger salamander, Peregrine falcon and nesting birds. Kelyn supported this project by:
 Providing biological monitoring and reporting to crews  Providing environmental training for crews
 Special-status species: California tiger salamander, California red-legged frog, Alameda whipsnake, Peregrine falcon, nesting birds, rare plants.

Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

Nicolas Anderson
Biologist / Assistant Project Manager

AREAS OF EXPERTISE
 Biological surveys
 Habitat restoration
 Construction monitoring
 Forestry management

EDUCATION
BS, Fisheries, Wildlife, and
Conservation Biology,
University of Minnesota –
Twin Cities

PERMITS/CERTIFICATIONS
Wildland Firefighter Type II
National Pollutant Discharge
Elimination System (NPDES)
Construction Stormwater
Inspector
Nicolas Anderson has 5 years of experience in wildlife and vegetation surveys, habitat restoration, construction monitoring, forestry management, and geographic information systems (GIS). His surveying experience includes pointcount, mark-recapture for small mammals and fish, electrofishing, mist netting, spotlight, dip netting, seining, hoop netting, telemetry, and herpetological surveys for wetland index of biological integrity (IBI) assessments.

Nic’s threatened and endangered (T&E) biological surveys conducted in the Midwest, Southeast U.S., and California include but are not limited to western pond turtle, California red-legged frog, Indiana bat, Henslow’s sparrow, loggerhead sea turtle, northern long-eared bat, greater prairie-chicken, loggerhead shrike, bald eagle, Karner blue butterfly, Dakota skipper, and southern bog lemming.

Additionally, his T&E vegetation surveys have included but are not limited to beaked spikerush, slender rush, sterile sedge, western prairie fringed orchid, whorled nutrush, and stream parsnip.

RELEVANT EXPERIENCE
Marin Wildfire Prevention Authority, Environmental Compliance Consulting Services for Wildfire Prevention/ Hazard Mitigation Projects; Marin County, CA
October 2022 – Ongoing
The Marin Wildfire Prevention Authority (MWPA) is working to permit numerous fire prevention projects throughout Marin County. The projects use a wide variety of fuels reduction treatments to achieve their goals, from goat grazing to creating large fuel breaks using mechanical mastication. Sequoia is providing biological services during the planning and implementation on upwards of 40 projects within the MWPA work plan. Sequoia’s biologists conduct literature reviews of biological resources and field assessments, prepare and present environmental trainings, and provide ongoing specialized expertise to assist the MWPA. Mr. Anderson’s role included:
 Performing GIS services to provide detailed figures for project management and planning - GIS analyses include, but are not limited to, determining total impacts per vegetation community, proximity and impact analyses on T&E wildlife, plants, and critical habitats, impacts to aquatic habitats, summaries of soil characteristics within project Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

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boundaries and surrounding areas, and depiction of on-the-ground environmental observations  Managing and updating GIS databases
 Special- status species: Northern spotted owl, California red-legged frog, foothill yellow-legged, Ridgway’s rail, black rail, burrowing owl, Western snowy plover, salt marsh harvest mouse, Western bumblebee, monarch butterfly, anadromous fish, various sensitive bat species Moraga-Orinda Fire District, Tunnel East Bay Hills Fuel Break Project; Orinda, CA October 2022 – Ongoing
The Moraga-Orinda Fire District (MOFD) is conducting a fuels reduction project within Contra Costa County to create large fuel breaks to reduce impacts from wildfire events. To assist with the implementation of this project, Nic is responsible for:
 Performing GIS services to provide detailed figures for project management and planning. GIS analyses include, but are not limited to, determining total impacts per vegetation community, proximity and impact analyses on T&E wildlife, plants, and critical habitats, impacts to aquatic habitats, summaries of soil characteristics within project boundaries and surrounding areas, and depiction of on-the-ground environmental observations  Managing and updating GIS databases
San Mateo County Parks, Edgewood Shaded Fuel Break; Redwood City, CA June 2022
In support of San Mateo County Parks in this fuel break project, Nic was responsible for:
 Performing pre-construction surveys for special-status species and nesting birds  Conducting biological monitoring during work activities for nesting birds  Assisting with daily routine data collection and work activity summaries  Special-status species: California tiger salamander, California red-legged frog, Western pond turtle, Alameda whipsnake, San Francisco dusky-footed woodrat
Anderson Dam Tunnel Water Quality Monitoring; San Jose, CA April 2023 – Ongoing
This project includes environmental compliance and biological support for heavy civil construction in habitat suitable for several sensitive animal species. Under federal compliance orders, multiple regulatory agency permitting and technical recommendations, and under the Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan, Nic is responsible for:
 Performing pre-construction surveys for biological resources  Collecting water-quality data from MultiParameter Sondes located at different sites both upstream and downstream from the project location
 Ensuring proper equipment maintenance and calibration to acquire high quality data  Performing biological monitoring of sensitive habitats and species during construction when required by permits Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

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 Providing daily monitoring summaries to project managers  Creating master Excel sheets to process collected water quality data for compliance evaluation  Writing soil sample reuse and monthly project update reports for client  Special-status species: California tiger salamander, California red-legged frog, Western pond turtle, DPS steelhead, coyote ceanothus, nesting birds, golden eagle, bald eagle, pallid bat San Mateo County Parks Department, Sawyer Camp Trail Culvert Replacement; Burlingame, CA August 2022 – Ongoing
Supporting San Mateo County Parks for this culvert replacement project, Nic is responsible for:
 Conducting pre-construction surveys for special-status species and nesting birds  Monitoring construction activities to ensure minimal impacts to special-status species and their habitats  Inspecting finalized work sites to ensure proper escape pathways for wildlife trapped in trenched areas  Conducting biological monitoring during work activities for nesting birds and special-status species  Completing daily routine data collection and work activity summaries  Special-status species: western pond turtle, San Francisco dusky-footed woodrat, California red-legged frog, San Francisco garter snake
Valley Water, Cross Valley Pipeline Extension Project Fish Rescue; Coyote, CA August 2022
In support of this pipeline extension project, Nic was responsible for:
 Performing electrofishing surveys within the project area to minimize construction activity impacts on fish populations
 Identifying native fish species for relocation and invasive species for inventory  Assisting with daily monitoring reports and data collection  Special-status species: San Francisco dusky-footed woodrat, American badger, California red-legged frog, California tiger salamander, Western pond turtle, roosting bats City of San Jose, Storm Drain System Improvements; San Jose, CA July 2022
Contributing to improvements in this storm drain project, Nic was responsible for:
 Conducting worker environmental awareness program (WEAP) training for incoming contractors to identify special-status species (specifically Western burrowing owls) within the prospective project area Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

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Valley Water, Upper Llagas Creek Flood Protection Project Phase 2A; Morgan Hill, CA June 2022
Under contract with the Santa Clara Valley Water District, several contractors are conducting channel improvements on existing creek reaches and constructing new creek channels to reduce or prevent flooding during major storm events.

Sequoia has performed work for the contractor as well as owner to assist in meeting habitat preservation, restoration, and improvement goals as stipulated by the project plan. Nic’s responsibilities include:
 Conducting pre-construction surveys and construction monitoring for nesting birds, and general special-status species under CDFW and USFWS permits
 Identifying habitats and suitable breeding locations for federally and state special-status species  Monitoring turbidity, dissolved oxygen, temperature, pH, and erosion within the watercourses  Special-status species: California red-legged frog, California tiger salamander, Western pond turtle

TRAININGS/CERTIFICATIONS
Storm Water Best Management Practices, Sequoia Ecological Consulting, 2022 Nesting Bird Ecology and Survey Practices, Sequoia Ecological Consulting, 2022 Identification of Hydraulic Features, Sequoia Ecological Consulting, 2022 Alameda Whipsnake Ecology and Identification, Sequoia Ecological Consulting, 2022 Construction Stormwater Inspector, National Pollutant Discharge Elimination System, 2020 Rosgen Level 1 Principles of Fluvial Geomorphology, 5 Smooth Stones, LLC, 2019 RiverMorph, 5 Smooth Stones, LLC, 2019
AutoCAD Civil 3D for Stream Restoration, 5 Smooth Stones, LLC, 2019 Culvert Design for Stream Connectivity and Aquatic Organism Passage, University of Minnesota – Twin Cities, 2019 S-130 Firefighter Training, S-190 Introduction to Wildland Fire Behavior, L-180 Human Factors in the Wildland Fire Service, and IS-100 Introduction to Incident Command System, Wildland Firefighter Type II (FFT2), National Wildfire Coordinating Group, 2018
Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

Brian Nissen
Project Biologist

AREAS OF EXPERTISE
 Field identification of
California flora and fauna
 Ecological restoration project
oversight
 Land management
 Regulatory permitting

EDUCATION
BS, Natural Resources, Fisheries
and Wildlife Science, Oregon
State University

PERMITS/CERTIFICATIONS
10(a)(1)(A) Recovery Permit
(PER0011950), California tiger
salamander, California redlegged frog
CDFW Scientific Collection
Permit (SC-190180001)
Brian Nissen is a restoration ecologist and field biologist with more than 6 years of professional experience working with private industry consulting, federal and state agencies compliance, and volunteer research projects. Brian has experience providing permit oversight as well leading numerous ecological restoration projects biological surveys across the greater San Francisco Bay Area including special status species mitigation, riparian, oak woodland and savannah, and grassland habitats restoration.

Skilled background in restoration ecology, land management, and rangeland management/ecology. Areas of knowledge and expertise include restoration project design, implementation, and upkeep, invasive plant management, native plant propagation and establishment, grazing and mow regime management and establishment, and irrigation systems.

Mr. Nissen holds 10(a)(1)(A) permits for conducting presence/absence surveys for both California tiger salamander and California red-legged frog in Marin, Sonoma, Lake, Napa, Solano, Contra Costa, Alameda, Santa Clara and San Mateo counties.

Additionally, Brian has extensive experience conducting biological monitoring for these two species on construction projects across the greater Bay Area.

In addition to working with the California tiger salamander and California redlegged frog Mr. Nissen has experience conducting surveys and working with other special-status species including: nesting birds and raptors, burrowing owl, Swainson’s hawk, western pond turtle, San Francisco dusky-footed woodrat, fairy shrimp, giant garter snake, Alameda whipsnake, and San Joaquin kit fox.

Experience with rare plants includes Santa Cruz robust spineflower, Congdons tarplant, San Joaquin spearscale, and Santa Clara dudleya.

Mr. Nissen has 100+ hours of passerine banding experience using mist nets at the Coyote Creek Field Station with San Francisco Bay Bird Observatory (SFBBO).

RELEVANT EXPERIENCE
Santa Clara Valley Water District, Anderson Dam Tunnel Project; Morgan Hill, CA
February 2024 - Present
Sequoia is providing biological support for the Anderson Dam Tunnel Project.

Sequoia’s biologists are supporting environmental compliance for heavy civil construction in habitat suitable for California red-legged frog, California tiger salamander, western pond turtle, steelhead salmon Central California Coast Distinct Population Segment, coyote ceanothus, nesting birds, pallid bat, and bald eagle. This project is being conducted under Federal Energy Regulatory Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

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Brian Nissen
Page
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Commission emergency compliance orders with technical recommendations from the US Fish and Wildlife Service (USFWS) and National Marine Fisheries Service, and permitting through the US Army Corps of Engineers, State Water Resources Control Board, California Department of Fish and Wildlife (CDFW), and Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan. Brian’s roles include:
 Ensuring water quality permit measures were met using data collected while checking water quality monitoring sondes and equipment
 Conducting soil sampling ensuring soil quality parameters are recorded and met  Conducting nesting bird surveys ensuring the project is within compliance with the Migratory Bird Treaty Act and other environmental and legal constraints.

County of San Mateo, Half Moon Bay Landfill Stormwater Mgmt Emergency Repair; Half Moon Bay, CA February 2024 – March 2024
The stormwater drainpipe failure occurred on a coastal bluff next to the closed Half Moon Bay Landfill. An ephemeral, unnamed drainage flows through the drainpipe. The drainage was conveying water during a site visit on January 25, 2024. Rerouting the runoff may be anticipated; however, this is dependent on timing of the start of repair work. The failed drainpipe is currently not functioning, and the revetment is at risk of further collapse. The repairs are intended to address stormwater discharge and limit erosion caused by stormwater runoff as a result of the damage caused by previous excessive stormwater discharge. Work will be conducted in accordance with BMPs detailed in the County of San Mateo Routine Maintenance Program Manual. A biologist will be onsite to actively monitor all work. Project activities are anticipated to begin in February 2024. The full duration of the project is expected to be approximately 3 weeks. As a staff biologist on this effort, Brian’s roles include:
 Provide biological monitoring for nesting birds and specials status species Fairview Residential Development; Hollister, CA
February 2020 – May 2022
Residential housing development located in Hollister, California. Performed preconstruction surveys and daily biological monitoring of construction activates to ensure protection of wildlife species. Administered environmental training to crew members and interfaced with construction crews on environmental issues. As a biological monitor Brian’s duties included:
 Performing pre-construction surveys for nesting birds and other biological resources  Preforming burrow excavations of potential CTS burrows prior to ground disturbance activities  Performing biological monitoring of sensitive habitats and species during construction when required by permits  Performing biological monitoring of permit conditions such as exclusionary fence and escape ramp installation.

West of Fairview Residential Development; Hollister, CA March 2022 – May 2022
Residential housing development located in Hollister, California. Performed preconstruction surveys and daily biological monitoring of construction and restoration activities to ensure protection of wildlife species and permit condition Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

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Brian Nissen
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compliance. Administered environmental training to crew members and interfaced with construction crews on environmental issues. As a biological monitor Brian’s duties included:
 Performing pre-construction surveys for nesting birds and other biological resources  Preforming burrow excavations of potential CTS burrows prior to ground disturbance activities  Performing biological monitoring of sensitive habitats and species during construction when required by permits  Performing biological monitoring of permit conditions such as exclusionary fence and escape ramp installation.

Communication Hill Residential Development; San Jose, CA June 2021
Large scale mix-use residential development. Site was formerly home to one of the largest populations of Santa Clara Valley dudleya (Dudleya setchellii), which is a low growing perennial succulent with pale yellow flowers that grows in rocky outcrops in serpentine grasslands. Santa Clara dudleya is found only in the Coyote Valley area of Santa Clara County, California, from San Jose south about 25 miles to Gilroy. As a biologist on this project Brian’s duties included:
 Conducting rare plant surveys for Santa Clara Valley dudleya Contra Costa Water District – Rock Slough Fish Screen Vegetation Management; Oakley, CA June 2019 and June 2020
Aquatic vegetation management at the Contra Costa Water District Rock Slough Fish Screen. Biological monitors provided salvage and documentation for aquatic biological resources during annual aquatic vegetation removal at the Rock Slough Fish Screen facility. As a biological monitor Brian’s duties included:
 Performing biological monitoring of sensitive habitats and species during maintenance activities  Performing pre-construction surveys for nesting birds and other biological resources species, native plant cover, and restoration plant survivorship. As the land manager of the property and staff biologist Mr. Nissen’s duties included:
 Assisting and leading annual CTS and CRLF surveys
 Assisting and leading annual plant survivorship counts  Annual long term resource management and monitoring, including invasive plant management, restoration planting management, pond maintenance, grazing management, and erosion prevention and mitigation Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5

ITEM NO. 9.

PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: 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: 01/21/2025
ITEM NO: 10
DATE: January 16, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the Agreement for Services with Traffic Management, Inc. to Extend the Contract Term to August 29, 2025
RECOMMENDATION:

Authorize the Town Manager to execute a third amendment to the Agreement for Services (Attachment 1) with Traffic Management, Inc. to Extend the Contract Term to August 29, 2025.

BACKGROUND:

On February 7, 2023, the Town Council approved a series of event-related topics, one of which being the support of and budget allocation for hiring a professional traffic control vendor to assist Town staff with road closure and traffic control services for two special events: the Halloween road closures (including closures in the Almond Grove and Johnson Avenue neighborhoods) and the annual Children’s Holiday Parade downtown.

The Town requested qualifications and cost estimates from several professional traffic management companies and selected Traffic Management, Inc. (TMI) as they have specific experience in the logistics related to road closures and traffic management for special events.

On September 21, 2023, the Town Manager executed the Agreement for Services in the amount of $16,895.34.

On November 8, 2023, the Town Manager executed the First Amendment to the Agreement, increasing the total compensation to $50,000 and modifying the scope to address the extensive requirements associated with the Children’s Holiday Parade.

On August 20, 2024, the Town Council authorized the Town Manager to execute the Second Amendment, increasing the compensation to $93,793 and extending the term to January 31,

ITEM NO. 10.

PAGE 2 OF 3
SUBJECT: Authorize Second Amendment to Agreement for Services with Traffic Management, Inc.

DATE: January 16, 2025
2025. The second amendment authorized work for the 2024 Halloween road closures and the 2024 Annual Children’s Holiday Parade.

DISCUSSION:

After two years of working with TMI, staff is recommending that their contract term be extended to allow for their future services for Halloween and the Holiday Parade. TMI has performed services for both events in 2023 and 2024 and has proven to work well with staff to deliver and execute these complicated closures. The requested extension will provide staff the time needed to negotiate costs for 2025 and possibly future years. Additional funding will need to be added to the agreement to perform the work during the contract term. The addition of funding will be negotiated with TMI and staff will return to Council in August 2025 to discuss the compensation that would be required to support these events.

If this agreement extension is not executed, staff will need to issue a Request for Proposals for traffic management services for these special events in 2025 and enter a new Agreement for Services. If a new vendor were selected, the lessons learned and experience gained by TMI over the last two years would be lost, and staff would need to develop a partnership with a new provider, creating the potential for inconsistency in the delivery of these events.

CONCLUSION:

Approving this amendment will allow staff to continue to negotiate pricing with TMI for the Halloween road closures and Holiday Parades for 2025 and future years.

COORDINATION:

This report has been a collaboration between the Town Manager’s Office, and the Police and Parks and Public Works Departments.

FISCAL IMPACT:

There is no fiscal impact associated with extending the agreement term.

ENVIRONMENTAL ASSESSMENT:

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

ITEM NO. 10.

PAGE 3 OF 3
SUBJECT: Authorize Second Amendment to Agreement for Services with Traffic Management, Inc.

DATE: January 16, 2025
Attachments:

1. Third Amendment to the Agreement for Services with Traffic Management, Inc. including Exhibit A, Second Amendment to the Agreement for Services with Traffic Management, Inc.

ITEM NO. 10.

Third Amendment to Agreement for Services
Traffic Management, Inc.

AMENDMENT TO AGREEMENT

PREAMBLE
This Third Amendment to Agreement of Services is dated for identification this 21st day of January 2025, and amends that certain Second Amendment to Agreement of Services dated August 20, 2024, made by and between the Town of Los Gatos, ("Town,") and the Traffic Management, Inc. (“Service Provider”) identified as an S Corporation and whose address is 4900 Airport Plaza Drive, Suite 300 Long Beach, CA 90815.

I. RECITALS
A. Town and Consultant entered into Agreement of Services Agreement on September 21, 2023, (“Agreement”), a First Amendment to Agreement for Services on November 28, 2023, a Second Amendment to Agreement for Services on August 20, 2024, 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 and time of performance.

II. AMENDMENT
A. Section 2.2 Term and Time of Performance is amended to read:

This contract will remain in effect from September 21, 2023 to August 29, 2025.

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

ATTACHMENT 1

ITEM NO. 10.

Third Amendment to Agreement for Services
Traffic Management, Inc.

IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.

Town of Los Gatos by:
________________________________________
Chris Constantin, Town Manager
Traffic Management, Inc. by:
________________________________________
Darla Lersch, Manager, Contracts
Recommended by:
________________________________________
Nicolle Burnham,
Director of Parks and Public Works
Approved as to Form:
________________________________________
Gabrielle Whelan, Town Attorney
Attest:
________________________________________
Wendy Wood, CMC, Town Clerk

ITEM NO. 10.

Second Amendment to Agreement for Services
Traffic Management, Inc.

SECOND AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT is dated for identification this 20th day of August 2024 and amends that certain FIRST AMENDMENT TO AGREEMENT FOR SERVICES dated November 28, 2023, made by and between the Town of Los Gatos, ("Town,") and the Traffic Management, Inc. (“Service Provider”) identified as an S Corporation and whose address is 4900 Airport Plaza Drive, Suite 300 Long Beach, CA 90815.

RECITALS
A. Town and Consultant entered into an Agreement for Services on September 21, 2023, (“Agreement”), a First Amendment to Agreement for Services on November 28, 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 increase the scope of services, extend the term and time of performance, and add to the compensation of the agreement.

AMENDMENT

1. Section 2.1 Scope of Services is amended to read as follows:

Service Provider shall provide services as described in that certain Proposal dated July 12, 2024 (Halloween Road Traffic Control/Event Road Closures for Johnson Avenue and Tait Avenue), and August 14, 2024 (Traffic Control/Event Road Closures for the Children’s Holiday Parade), which is hereby incorporated by reference and attached as Exhibit B.

2. Section 2.2 Term and Time of Performance is amended to read:

This contract will remain in effect from September 21, 2023, and extend to January 31, 2025.

3. Section 2.6 Compensation is amended to read:

Compensation for Service Provider’s professional services shall be increased by $43,793 for a total agreement amount not to exceed $93,793. Payment shall be based upon Town approval of each task based on Exhibit B.

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

Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

EXHIBIT A

ITEM NO. 10.

Second Amendment to Agreement for Services
Traffic Management, Inc.

IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.

Town of Los Gatos: Approved as to Consent:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Darla Lersch, Manager, Contracts Katy Nomura, Assistant Town Manager
Signing for Laurel Prevetti
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F 8/23/2024
8/26/2024
8/26/2024
8/26/2024
8/26/2024

ITEM NO. 10.

First Amendment to Agreement for Services
Traffic Management, Inc.

FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 28th day of November 2023 and amends that certain Agreement for Services dated September 21, 2023, made by and between the Town of Los Gatos, ("Town,") and Traffic Management, Inc. (“Service Provider”) identified as an S Corporation and whose address is 4900 Airport Plaza Drive, Suite 300 Long Beach, CA 90815.

RECITALS
A. Town and Service Provider entered into an Agreement for Services on September 21, 2023 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.

B. Town desires to amend the Agreement to increase the scope of work and add to the compensation of the agreement.

AMENDMENT

1. Section 2.1 Scope of Services is amended to read as follows:

Service Provider shall provide services as described in that certain Proposal dated November 17, 2023, which is hereby incorporated by reference and attached as Exhibit B.

2. Section 2.6 Compensation is amended to read:

Compensation for Service Provider’s professional services shall be increased by $31,392.06 plus $1,712.060 for unanticipated services for a total agreement amount not exceed $50,000. Payment shall be based upon Town approval of each task based on Exhibit B.

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

DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

First Amendment to Agreement for Services
Traffic Management, Inc.

IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.

Town of Los Gatos: Approved as to Consent:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Darla Lersch, Manager, Contracts Department Approval:
________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form:
______________________________
Gabrielle Whelan, Town Attorney
Attest:
__________________________
Wendy Wood, CMC, Town Clerk
DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

Agreement for Services
Traffic Management, Inc.

AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 21st of September 2023 and is made by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Traffic Management, Inc. (“Service Provider”), identified as an S Corporation and whose address is 4900 Airport Plaza Drive, Suite 300 Long Beach, CA 90815. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 Town sought quotations for the services described in this Agreement, and Service Provider was found to be the most prepared and provided the customer service needed for the parade closures.

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

1.3 Town desires to engage Service Provider to provide traffic management services for parade closures.

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

II. AGREEMENT

2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on August 7, 2023, which is hereby incorporated by reference and attached as Exhibit A. Rates are valid through 12/31/2023 and are subject to a 5% increase on January 2024 and every year thereafter.

2.2 Term and Time of Performance. The effective date of this Agreement shall begin upon execution through September 30, 2024, subject to appropriation of funds, notwithstanding any other provision in this agreement. The term of this Agreement may be extended for up to three years upon mutual written consent of the parties.

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

DocuSign Envelope ID: 692AE2A5-8E32-4E0B-BA47-B102D71DC847 DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

Agreement for Services
Traffic Management, Inc.

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

2.5 Information/Report Handling. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Service Provider in connection with other projects shall be solely at Town's risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.

2.6 Compensation: Compensation for services in the amount of $15,359.40 plus ten percent for unanticipated services for a total agreement amount not to exceed $16,895.34, inclusive of all costs. Payment shall be based upon Town approval of each task.

2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.

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

Invoices:

Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655

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

DocuSign Envelope ID: 692AE2A5-8E32-4E0B-BA47-B102D71DC847 DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

Agreement for Services
Traffic Management, Inc.

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

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

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

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

III. INSURANCE AND INDEMNIFICATION
DocuSign Envelope ID: 692AE2A5-8E32-4E0B-BA47-B102D71DC847 DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

Agreement for Services
Traffic Management, Inc.

3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Service Provider agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

General Liability:
i. The Town, its elected and appointed officials, employees, and agents are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider. ii. The Service Provider's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has DocuSign Envelope ID: 692AE2A5-8E32-4E0B-BA47-B102D71DC847 DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

Agreement for Services
Traffic Management, Inc.
been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.

3.3 Workers’ Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement.

Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.

3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, employees, and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor.

IV. GENERAL TERMS

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

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

4.3 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider.

In the event of such termination, Town shall pay Service Provider an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

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

DocuSign Envelope ID: 692AE2A5-8E32-4E0B-BA47-B102D71DC847 DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

Agreement for Services
Traffic Management, Inc.

4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.

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

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Traffic Management, Inc.
4900 Airport Plaza Drive, Suite 300
Long Beach, CA 90815
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.

4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.

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

DocuSign Envelope ID: 692AE2A5-8E32-4E0B-BA47-B102D71DC847 DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

Agreement for Services
Traffic Management, Inc.

IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.

Town of Los Gatos
Laurel Prevetti, Town Manager
Recommended by:

Nicolle Burnham
Director of Parks and Public Works
Traffic Management, Inc.

Darla Lersch, Manager, Contracts
Approved as to Form:
_____________________________________
Gabrielle Whelan, Town Attorney
Attest:
______________________________________
Wendy Wood, CMC, Town Clerk
DocuSign Envelope ID: 692AE2A5-8E32-4E0B-BA47-B102D71DC847 DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

ESTIMATE TRAFFIC MANAGEMENT, INC.

E-147103
www.trafficmanagement.com
N
o

690 Quinn Ave
877-763-5999
San Jose, CA 95112

QTY QTY QTY RATE ITEM / DESCRIPTION TOTAL
COMPANY:

CITY, STATE, ZIP:

CONTACT PERSON:

PHONE:

Town of Los Gatos
CITY / COMMUNITY:

Los Gatos
JOB LOCATION:

PROJECT INFORMATION:

CUST. REF #:

N/A
Jessica Ertell
COMPANY ADDRESS:

Los Gatos, CA 95030
Tait Ave and W Main St
T.B. MAP PAGE:

Neighborhood Trick or Treating (Tait Ave) Project
41 Miles Ave
CUSTOMER WORK DESCRIPTION:

Special Event
APPROX. START DATE: WORK HOURS / DURATION
1 Day
START TIME: RFQ #:

FAX:

OTHER INFO:

Union Wages / Weekday Work
LN #
PLAN REFERENCE:

San Jose Branch
DIRECT PHONE/EXT: DIRECT FAX: CELL PHONE:
408-399-5734
EMAIL:
[email protected]
10 shts $275.00 per sheet Traffic Control Planning (Non-Engineered) (1 Phase) Includes site verification survey and/or verification of existing conditions, traffic planning, and publication of traffic control plans. All plans are designed in accordance with the California M.U.T.C.D. (latest edition), and are submitted to the specifications of the requiring Agency. A four (4) hour minimum is charged on traffic plans, including the submittal of a standard non-engineered plan.

Price includes the following:
- All plans produced at 1:40" scale on B-size (11" x 17") sheets The following are not included in this price:
- Traffic signal plans
- Street Lighting plans
- Agency plan check fees
- Traffic studies (including traffic counting)
- Meetings and/or presentations with Cities or other Agencies (other than initial job-walk / project meeting)
- More than two (2) corrections from the agency or two (2) submittals - Design changes or modifications not discussed prior to the first draft and/or added after the initial plan submittal (requested by either Customer or Agency)
- Plan sets after first four (4) bond and/or one (1) vellum - Traffic control services, equipment, or maintenance
- Permits (encroachment, public works, street improvements, etc.) - Price will not include an engineer stamp on traffic control plans. - Special Provisions not provided at time of bid
- Price will not include traffic control plans for traffic signal construction drawings
- Price will not include traffic control plans for striping plans Price will be based on drawing one (1) phase of non-engineered traffic control plans for the locations listed below:

Phase #1 Tait Ave [Road Closure w/Detours] (Special Event) 1 $2,750.00
10 shts ($125.00) per sheet Discount - DD1000
Discount will be applied to line item #1 and is subject to the following conditions; all payments relating to this project will be made subject to TMI's payment terms; performance of complete scope of work as described on this estimate.
2 ($1,250.00)
10 shts $175.00 per sheet Engineer Review (If Needed)
Plan review and stamp by Certified Traffic Engineer and/or Civil Engineer, fee is in addition to Traffic Control Planning. 3 $1,750.00

EXHIBIT A
DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

N
o E-147103 Page 2 of 3
10 shts ($100.00) per sheet Discount - DD1000
Discount will be applied to line item #3 and is subject to the following conditions; all payments relating to this project will be made subject to TMI's payment terms; performance of complete scope of work as described on this estimate.
4 ($1,000.00)
Traffic Control (See Below)
Final pricing to be determined upon approved plans.
5 1 dy 3 ea 6 hrs $132.00 hourly One-TC Traffic Control Operation (Portal to Portal) (ST) Includes one (1) Traffic Control Truck with a Roof Mounted Flashing Arrow Board and one (1) professionally trained and equipped Traffic Controller (flagger) to set up and maintain standard closures per MUTCD on rights-of-way up to forty-five (45) mph. Standard traffic control devices included are cones, signs, and barricades per MUTCD.

Price is based at an hourly rate (portal to portal) and applies to all travel, standby, setup, maintenance, and removal time. Time will be billed in increments of 30 minutes. A four (4.0) hour minimum applies to all labor including jobs canceled after crews are dispatched.

Customer must call four (4.0) hours prior to scheduled dispatch or a four (4.0) hour minimum will apply. TMI 24/7 Dispatch Center: 888-722- 6796
Overtime rates ($185.00/hr.) apply after eight (8.0) hours and Saturdays. Double time rates ($251.00/hr.) apply after twelve (12.0) hours, Sundays, and Holidays. Emergency and/or Same-Day Callouts not included.

Price Excludes: Trailer Mounted Flashing Arrow Board (FAS); Changeable Message Signs (CMS); Truck Mounted Attenuator (TMA); Site orientation classes; Safety Classes; Testing; Engineering; Design; Permits; Licenses; Applications; Mainline (Highway) Work; On/Off Ramps
Final pricing to be determined upon approved plans.
6 $2,376.00
1 dy 3 ea $39.60 ea/dy Fuel Surcharge; 5% - SD300-1
A standard fuel surcharge will be applied to line item #4 (any services requiring travel, transportation or mobilization).
7 $118.80
1 dy 3 ea $0.00 ea/dy (DISCOUNTD) FAS (Flashing Arrow Sign) w/Service - RA100 Daily rental of one (1) Flashing Arrow Sign (FAS).

Delivery, pickup, lost or damaged equipment, equipment maintenance, and setup re-installation or modification not included.

Additional rental rate of above equipment;
- $75.00/day; $275.00/wk; $575.00/mo(4-wk)
8 $0.00
Bidding Without Plans
This estimate is based on description of scope of work as provided by Customer at time of request. Final estimated price to be determined when specific conditions/provisions are provided or traffic control plans have been approved by the Agency. Mobilization costs include up to forty (40) miles from TMI office.
9 DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

N
o E-147103 Page 3 of 3 EXCLUSIONS: The following is not included in this estimate: Tax; Encroachment Permits; Traffic Signal Plans; Posting of "No Parking" Signs; Lost or damaged equipment; Business and/or resident notfication; Temporary striping or striping removal; Construction fencing; Steel/trench plates; Changeable message signs (CMS); Custom signage; Replacement or modification of existing facilities; Other STANDARD TERMS & CONDITIONS:
1) Although TMI maintains standard general liability, workers compensation, and other insurance coverages, additional costs may be incurred for the issuance of insurance certificates that require special wording, endorsements, or additional coverages or policy changes. 2) Information provided herein should be relied on for estimating purposes only. 3) This estimate is based on information available and/or provided at the time of the estimate request, such as current permit rates and requirements from public agencies, and is subject to change without notice. 4) TMI reserves the right to modify this estimate should the scope of the project change or additional information is provided. 5) Unless otherwise specified, individual line items and rates are based on acceptance of the estimate as a whole. Significant changes in quantities, addition/deletion of line-items, or selection of single line-items may result in price changes. 6) Prices are valid for up to 60 days. 7) All orders for standard traffic control and equipment (without permit or posting requirements), will require at least three working days advance notice; additional time may be required for non-standard and/or large scale traffic control. General availability of traffic control is not guaranteed and is subject to availability and schedule of TMI crews and equipment. Allow up to 14 working days for traffic plan turn-around (from time of order to initial submittal.) Agency approval and turn-around time of traffic control plans may vary and cannot be guaranteed. 8) Permit approval and timeline often vary from Agency to Agency and no guarantee of approval or approval timeline is represented. 9) Compensation will be charged for jobs that require special safety training requirements and security clearance. 10) Unless stated otherwise, this estimate is based on work being performed during normal field working hours (7:00am to 3:30pm) Monday through Friday. Additional costs will be incurred and invoiced for after hours work, weekend and/or holidays. 11) ACCEPTANCE OF THIS ESTIMATE: Unless otherwise agreed in writing, acceptance of this estimate shall authorize TMI to perform all work as stated, and this document shall serve as the binding contract, subject to the terms and conditions herein. 12) FUEL SURCHARGE: A fuel surcharge may be applied to any services requiring travel, transportation or mobilization. 13) RENTAL PROTECTION PROGRAM: All rental orders will be automatically enrolled in Rental Protection Plan (RPP) unless opted out by customer. If customer opts out of RPP, customer assumes sole responsibility for damaged or lost equipment.

RPP is not available for registered motor vehicles such as TMA's and traffic control trucks. RPP surcharge will only be applied to equipment rental charges, and not be applied to delivery, installation, removal, or other labor and service charges. RPP Coverage Exclusions: Lost, stolen, or missing equipment; damage resulting from customer misuse or negligence; damages of any kind to third parties.

TMI ESTIMATOR
x_______________________________________ Enmanuel Toledo DATE PREPARED:
8/7/2023
ESTIMATED TOTAL:
x_______________________________________ $4,744.80 CUSTOMER ACKNOWLEDGEMENT DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

ESTIMATE TRAFFIC MANAGEMENT, INC.

E-147098
www.trafficmanagement.com
N
o

690 Quinn Ave
877-763-5999
San Jose, CA 95112

QTY QTY QTY RATE ITEM / DESCRIPTION TOTAL
COMPANY:

CITY, STATE, ZIP:

CONTACT PERSON:

PHONE:

Town of Los Gatos
CITY / COMMUNITY:

Los Gatos
JOB LOCATION:

PROJECT INFORMATION:

CUST. REF #:

N/A
Jessica Ertell
COMPANY ADDRESS:

Los Gatos, CA 95030
N Santa Cruz Ave & W Main St
T.B. MAP PAGE:

Children's Christmas & Holidays Parade
41 Miles Ave
CUSTOMER WORK DESCRIPTION:

Parade Work
APPROX. START DATE: WORK HOURS / DURATION
1 Day
START TIME: RFQ #:

FAX:

OTHER INFO:

Union Wages / Weekday Work
LN #
PLAN REFERENCE:

San Jose Branch
DIRECT PHONE/EXT: DIRECT FAX: CELL PHONE:
408-399-5734
EMAIL:
[email protected]
25 shts $275.00 per sheet Traffic Control Planning (Non-Engineered) (1 Phase) Includes site verification survey and/or verification of existing conditions, traffic planning, and publication of traffic control plans. All plans are designed in accordance with the California M.U.T.C.D. (latest edition), and are submitted to the specifications of the requiring Agency. A four (4) hour minimum is charged on traffic plans, including the submittal of a standard non-engineered plan.

Price includes the following:
- All plans produced at 1:40" scale on B-size (11" x 17") sheets The following are not included in this price:
- Traffic signal plans
- Street Lighting plans
- Agency plan check fees
- Traffic studies (including traffic counting)
- Meetings and/or presentations with Cities or other Agencies (other than initial job-walk / project meeting)
- More than two (2) corrections from the agency or two (2) submittals - Design changes or modifications not discussed prior to the first draft and/or added after the initial plan submittal (requested by either Customer or Agency)
- Plan sets after first four (4) bond and/or one (1) vellum - Traffic control services, equipment, or maintenance
- Permits (encroachment, public works, street improvements, etc.) - Price will not include an engineer stamp on traffic control plans. - Special Provisions not provided at time of bid
- Price will not include traffic control plans for traffic signal construction drawings
- Price will not include traffic control plans for striping plans Price will be based on drawing one (1) phase of non-engineered traffic control plans for the locations listed below:

Phase #1 N Santa Cruz Ave & W Main St [Road Closures w/ Detours] (Parade Special Event)
1 $6,875.00
25 shts ($125.00) per sheet Discount - DD1000
Discount will be applied to line item #1 and is subject to the following conditions; all payments relating to this project will be made subject to TMI's payment terms; performance of complete scope of work as described on this estimate.
2 ($3,125.00)
25 shts $175.00 per sheet Engineer Review (If Needed)
Plan review and stamp by Certified Traffic Engineer and/or Civil Engineer, fee is in addition to Traffic Control Planning. 3 $4,375.00
DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

N
o E-147098 Page 2 of 3
25 shts ($100.00) per sheet Discount - DD1000
Discount will be applied to line item #3 and is subject to the following conditions; all payments relating to this project will be made subject to TMI's payment terms; performance of complete scope of work as described on this estimate.
4 ($2,500.00)
Traffic Control (See Below)
Final pricing to be determined upon approved plans.
5 1 dy 6 ea 6 hrs $132.00 hourly One-TC Traffic Control Operation (Portal to Portal) (ST) Includes one (1) Traffic Control Truck with a Roof Mounted Flashing Arrow Board and one (1) professionally trained and equipped Traffic Controller (flagger) to set up and maintain standard closures per MUTCD on rights-of-way up to forty-five (45) mph. Standard traffic control devices included are cones, signs, and barricades per MUTCD.

Price is based at an hourly rate (portal to portal) and applies to all travel, standby, setup, maintenance, and removal time. Time will be billed in increments of 30 minutes. A four (4.0) hour minimum applies to all labor including jobs canceled after crews are dispatched.

Customer must call four (4.0) hours prior to scheduled dispatch or a four (4.0) hour minimum will apply. TMI 24/7 Dispatch Center: 888-722- 6796
Overtime rates ($185.00/hr.) apply after eight (8.0) hours and Saturdays. Double time rates ($251.00/hr.) apply after twelve (12.0) hours, Sundays, and Holidays. Emergency and/or Same-Day Callouts not included.

Price Excludes: Trailer Mounted Flashing Arrow Board (FAS); Changeable Message Signs (CMS); Truck Mounted Attenuator (TMA); Site orientation classes; Safety Classes; Testing; Engineering; Design; Permits; Licenses; Applications; Mainline (Highway) Work; On/Off Ramps
Final pricing to be determined upon approved plans.
6 $4,752.00
1 dy 6 ea $39.60 ea/dy Fuel Surcharge; 5% - SD300-1
A standard fuel surcharge will be applied to line item #4 (any services requiring travel, transportation or mobilization).
7 $237.60
1 dy 6 ea $0.00 ea/dy (DISCOUNTED) FAS (Flashing Arrow Sign) w/Service- RA100 Daily rental of one (1) Flashing Arrow Sign (FAS).

Delivery, pickup, lost or damaged equipment, equipment maintenance, and setup re-installation or modification not included.

Additional rental rate of above equipment;
- $75.00/day; $275.00/wk; $575.00/mo(4-wk)
8 $0.00
Bidding Without Plans
This estimate is based on description of scope of work as provided by Customer at time of request. Final estimated price to be determined when specific conditions/provisions are provided or traffic control plans have been approved by the Agency. Mobilization costs include up to forty (40) miles from TMI office.
9 DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

N
o E-147098 Page 3 of 3 EXCLUSIONS: The following is not included in this estimate: Tax; Encroachment Permits; Traffic Signal Plans; Posting of "No Parking" Signs; Lost or damaged equipment; Business and/or resident notfication; Temporary striping or striping removal; Construction fencing; Steel/trench plates; Changeable message signs (CMS); Custom signage; Replacement or modification of existing facilities; Other STANDARD TERMS & CONDITIONS:
1) Although TMI maintains standard general liability, workers compensation, and other insurance coverages, additional costs may be incurred for the issuance of insurance certificates that require special wording, endorsements, or additional coverages or policy changes. 2) Information provided herein should be relied on for estimating purposes only. 3) This estimate is based on information available and/or provided at the time of the estimate request, such as current permit rates and requirements from public agencies, and is subject to change without notice. 4) TMI reserves the right to modify this estimate should the scope of the project change or additional information is provided. 5) Unless otherwise specified, individual line items and rates are based on acceptance of the estimate as a whole. Significant changes in quantities, addition/deletion of line-items, or selection of single line-items may result in price changes. 6) Prices are valid for up to 60 days. 7) All orders for standard traffic control and equipment (without permit or posting requirements), will require at least three working days advance notice; additional time may be required for non-standard and/or large scale traffic control. General availability of traffic control is not guaranteed and is subject to availability and schedule of TMI crews and equipment. Allow up to 14 working days for traffic plan turn-around (from time of order to initial submittal.) Agency approval and turn-around time of traffic control plans may vary and cannot be guaranteed. 8) Permit approval and timeline often vary from Agency to Agency and no guarantee of approval or approval timeline is represented. 9) Compensation will be charged for jobs that require special safety training requirements and security clearance. 10) Unless stated otherwise, this estimate is based on work being performed during normal field working hours (7:00am to 3:30pm) Monday through Friday. Additional costs will be incurred and invoiced for after hours work, weekend and/or holidays. 11) ACCEPTANCE OF THIS ESTIMATE: Unless otherwise agreed in writing, acceptance of this estimate shall authorize TMI to perform all work as stated, and this document shall serve as the binding contract, subject to the terms and conditions herein. 12) FUEL SURCHARGE: A fuel surcharge may be applied to any services requiring travel, transportation or mobilization. 13) RENTAL PROTECTION PROGRAM: All rental orders will be automatically enrolled in Rental Protection Plan (RPP) unless opted out by customer. If customer opts out of RPP, customer assumes sole responsibility for damaged or lost equipment.

RPP is not available for registered motor vehicles such as TMA's and traffic control trucks. RPP surcharge will only be applied to equipment rental charges, and not be applied to delivery, installation, removal, or other labor and service charges. RPP Coverage Exclusions: Lost, stolen, or missing equipment; damage resulting from customer misuse or negligence; damages of any kind to third parties.

TMI ESTIMATOR
x_______________________________________ Enmanuel Toledo DATE PREPARED:
8/7/2023
ESTIMATED TOTAL:
x_______________________________________ $10,614.60 CUSTOMER ACKNOWLEDGEMENT DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

ESTIMATE TRAFFIC MANAGEMENT, INC.

E-147098.3
www.trafficmanagement.com
N
o

690 Quinn Ave
877-763-5999
San Jose, CA 95112

QTY QTY QTY RATE ITEM / DESCRIPTION TOTAL
COMPANY:

CITY, STATE, ZIP:

CONTACT PERSON:

PHONE:

Town of Los Gatos
CITY / COMMUNITY:

Los Gatos
JOB LOCATION:

PROJECT INFORMATION:

CUST. REF #:

N/A
Jessica Ertell
COMPANY ADDRESS:

Los Gatos, CA 95030
N Santa Cruz Ave & W Main St
T.B. MAP PAGE:

Children's Christmas & Holidays Parade
41 Miles Ave
CUSTOMER WORK DESCRIPTION:

Parade Work
APPROX. START DATE: WORK HOURS / DURATION
1 Day
START TIME: RFQ #:

FAX:

OTHER INFO:

Union Wages / Saturday Work
LN #
PLAN REFERENCE:

San Jose Branch
DIRECT PHONE/EXT: DIRECT FAX: CELL PHONE:
408-399-5734
EMAIL:
[email protected]
21 shts $275.00 per sheet Traffic Control Planning (Non-Engineered) (1 Phase) Includes site verification survey and/or verification of existing conditions, traffic planning, and publication of traffic control plans. All plans are designed in accordance with the California M.U.T.C.D. (latest edition), and are submitted to the specifications of the requiring Agency. A four (4) hour minimum is charged on traffic plans, including the submittal of a standard non-engineered plan.

Price includes the following:
- All plans produced at 1:40" scale on B-size (11" x 17") sheets The following are not included in this price:
- Traffic signal plans
- Street Lighting plans
- Agency plan check fees
- Traffic studies (including traffic counting)
- Meetings and/or presentations with Cities or other Agencies (other than initial job-walk / project meeting)
- More than two (2) corrections from the agency or two (2) submittals - Design changes or modifications not discussed prior to the first draft and/or added after the initial plan submittal (requested by either Customer or Agency)
- Plan sets after first four (4) bond and/or one (1) vellum - Traffic control services, equipment, or maintenance
- Permits (encroachment, public works, street improvements, etc.) - Price will not include an engineer stamp on traffic control plans. - Special Provisions not provided at time of bid
- Price will not include traffic control plans for traffic signal construction drawings
- Price will not include traffic control plans for striping plans Price will be based on drawing one (1) phase of non-engineered traffic control plans for the locations listed below:

Phase #1 N Santa Cruz Ave & W Main St [Road Closures w/ Detours] (Parade Special Event)
1 $5,775.00
21 shts ($125.00) per sheet Traffic Control Planning Discount - DD1000 Discount will be applied to line item #1 and is subject to the following conditions; all payments relating to this project will be made subject to TMI's payment terms; performance of complete scope of work as described on this estimate.
2 ($2,625.00)
21 shts $175.00 per sheet Engineer Review
Plan review and stamp by Certified Traffic Engineer and/or Civil Engineer, fee is in addition to Traffic Control Planning. 3 $3,675.00

EXHIBIT B TO FIRST AMENDMENT
DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

N
o E-147098.3 Page 2 of 3
21 shts ($100.00) per sheet Engineer Review Discount - DD1000 Discount will be applied to line item #3 and is subject to the following conditions; all payments relating to this project will be made subject to TMI's payment terms; performance of complete scope of work as described on this estimate.
4 ($2,100.00)
Traffic Control (See Below)
Final pricing to be determined upon approved plans.
5 1 dy 10 ea 3.6 hrs $132.00 hourly One-TC Traffic Control Operation (On-Job Hourly) (Sat) Includes one (1) Traffic Control Truck with a Roof Mounted Flashing Arrow Board and one (1) professionally trained and equipped Traffic Controllers (flagger) to set up and maintain standard closures per MUTCD on rights-of-way up to forty-five (45) mph. Standard traffic control devices included are cones, signs, and barricades per MUTCD.

Price is based for time On-Job only and applies to any standby, setup, maintenance, and removal time. Time will be billed in increments of 30 minutes. Mobilization includes up to 40 miles from the nearest TMI branch. Travel exceeding 40 miles will be billed at $4.00/mile. A four (4.0) hour minimum applies to all labor including jobs canceled after crews are dispatched.

Customer must call four (4.0) hours prior to scheduled dispatch or a four (4.0) hour minimum will apply. TMI 24/7 Dispatch Center: 888-722- 6796
Overtime rates ($189.00/hr) apply after eight (8.0) hours and Saturdays.

Double time rates ($325.00/hr) apply after twelve (12.0) hours, Sundays, and Holidays. Emergency and/or Same-Day Callouts not included.

Price Excludes: Trailer Mounted Flashing Arrow Board (FAS); Changeable Message Signs (CMS); Truck Mounted Attenuator (TMA); Site orientation classes; Safety Classes; Testing; Engineering; Design; Permits; Licenses; Applications; Mainline (Highway) Work; On/Off Ramps
6 $4,752.00
1 dy 10 ea $23.76 ea/dy Fuel Surcharge; 5% - SD300-1
A standard fuel surcharge will be applied to line item #6 (any services requiring travel, transportation or mobilization).
7 $237.60
1 dy 10 ea 7.4 hrs $239.00 hourly One-TC Traffic Control Operation (On-Job Hourly) (Sat) Includes one (1) Traffic Control Truck with a Roof Mounted Flashing Arrow Board and one (1) professionally trained and equipped Traffic Controllers (flagger) to set up and maintain standard closures per MUTCD on rights-of-way up to forty-five (45) mph. Standard traffic control devices included are cones, signs, and barricades per MUTCD.

Price is based for time On-Job only and applies to any standby, setup, maintenance, and removal time. Time will be billed in increments of 30 minutes. Mobilization includes up to 40 miles from the nearest TMI branch. Travel exceeding 40 miles will be billed at $4.00/mile. A four (4.0) hour minimum applies to all labor including jobs canceled after crews are dispatched.

Customer must call four (4.0) hours prior to scheduled dispatch or a four (4.0) hour minimum will apply. TMI 24/7 Dispatch Center: 888-722- 6796
Overtime rates ($189.00/hr) apply after eight (8.0) hours and Saturdays.

Double time rates ($325.00/hr) apply after twelve (12.0) hours, Sundays, and Holidays. Emergency and/or Same-Day Callouts not included.

Price Excludes: Trailer Mounted Flashing Arrow Board (FAS); Changeable Message Signs (CMS); Truck Mounted Attenuator (TMA); Site orientation classes; Safety Classes; Testing; Engineering; Design; Permits; Licenses; Applications; Mainline (Highway) Work; On/Off Ramps
8 $17,686.00
DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

N
o E-147098.3 Page 3 of 3
1 dy 10 ea $88.43 ea/dy Fuel Surcharge; 5% - SD300-1
A standard fuel surcharge will be applied to line item #8 (any services requiring travel, transportation or mobilization).
9 $884.30
1 dy 10 ea $65.00 ea/dy Trailer Mounted Flashing Arrow Sign (FAS) Rental - RA100 Daily rental of one (1) Flashing Arrow Sign (FAS).

Delivery, pickup, lost or damaged equipment, equipment maintenance, and setup re-installation or modification not included.

Additional rental rate of above equipment;
- $75.00/day; $275.00/wk; $575.00/mo(4-wk)
10 $650.00
1 dy 10 ea ($65.00) ea/dy Trailer Mounted Flashing Arrow Sign (FAS) Rental - RA100 Discount - DD1000
Discount will be applied to line item #8 and is subject to the following conditions; all payments relating to this project will be made subject to TMI's payment terms; performance of complete scope of work as described on this estimate.
11 ($650.00) _
12 1 wk 4 ea $600.00 weekly CMS (Changeable Message Sign) Rental - RA200 Weekly rental of one (1) Changeable Message Sign (CMS).

Delivery, pickup, lost or damaged equipment, equipment maintenance, and setup re-installation or modification not included.

Additional rental rate of above equipment;
- $200.00/day; $600.00/wk; $1,300.00/mo(4-wk)
13 $2,400.00
Bidding Without Plans
This estimate is based on description of scope of work as provided by Customer at time of request. Final estimated price to be determined when specific conditions/provisions are provided or traffic control plans have been approved by the Agency. Mobilization costs include up to forty (40) miles from TMI office.
14 EXCLUSIONS:

The following is not included in this estimate: Tax; Encroachment Permits; Traffic Signal Plans; Posting of "No Parking" Signs; Lost or damaged equipment; Business and/or resident notfication; Temporary striping or striping removal; Construction fencing; Steel/trench plates; Custom signage; Replacement or modification of existing facilities; Other STANDARD TERMS & CONDITIONS:
1) Although TMI maintains standard general liability, workers compensation, and other insurance coverages, additional costs may be incurred for the issuance of insurance certificates that require special wording, endorsements, or additional coverages or policy changes. 2) Information provided herein should be relied on for estimating purposes only. 3) This estimate is based on information available and/or provided at the time of the estimate request, such as current permit rates and requirements from public agencies, and is subject to change without notice. 4) TMI reserves the right to modify this estimate should the scope of the project change or additional information is provided. 5) Unless otherwise specified, individual line items and rates are based on acceptance of the estimate as a whole. Significant changes in quantities, addition/deletion of line-items, or selection of single line-items may result in price changes. 6) Prices are valid for up to 60 days. 7) All orders for standard traffic control and equipment (without permit or posting requirements), will require at least three working days advance notice; additional time may be required for non-standard and/or large scale traffic control. General availability of traffic control is not guaranteed and is subject to availability and schedule of TMI crews and equipment. Allow up to 14 working days for traffic plan turn-around (from time of order to initial submittal.) Agency approval and turn-around time of traffic control plans may vary and cannot be guaranteed. 8) Permit approval and timeline often vary from Agency to Agency and no guarantee of approval or approval timeline is represented. 9) Compensation will be charged for jobs that require special safety training requirements and security clearance. 10) Unless stated otherwise, this estimate is based on work being performed during normal field working hours (7:00am to 3:30pm) Monday through Friday. Additional costs will be incurred and invoiced for after hours work, weekend and/or holidays. 11) ACCEPTANCE OF THIS ESTIMATE: Unless otherwise agreed in writing, acceptance of this estimate shall authorize TMI to perform all work as stated, and this document shall serve as the binding contract, subject to the terms and conditions herein. 12) FUEL SURCHARGE: A fuel surcharge may be applied to any services requiring travel, transportation or mobilization. 13) RENTAL PROTECTION PROGRAM: All rental orders will be automatically enrolled in Rental Protection Plan (RPP) unless opted out by customer. If customer opts out of RPP, customer assumes sole responsibility for damaged or lost equipment.

RPP is not available for registered motor vehicles such as TMA's and traffic control trucks. RPP surcharge will only be applied to equipment rental charges, and not be applied to delivery, installation, removal, or other labor and service charges. RPP Coverage Exclusions: Lost, stolen, or missing equipment; damage resulting from customer misuse or negligence; damages of any

TMI ESTIMATOR
x_______________________________________ Enmanuel Toledo DATE PREPARED:
11/17/2023
ESTIMATED TOTAL:
x_______________________________________ $30,684.90 CUSTOMER ACKNOWLEDGEMENT DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

ESTIMATE TRAFFIC MANAGEMENT, INC.

E-149152.1
www.trafficmanagement.com
N
o

690 Quinn Ave
877-763-5999
San Jose, CA 95112

QTY QTY QTY RATE ITEM / DESCRIPTION TOTAL
COMPANY:

CITY, STATE, ZIP:

CONTACT PERSON:

PHONE:

Town of Los Gatos
CITY / COMMUNITY:

Los Gatos
JOB LOCATION:

PROJECT INFORMATION:

CUST. REF #:

N/A
Jessica Ertell
COMPANY ADDRESS:

Los Gatos, CA 95030
Johnson Ave
T.B. MAP PAGE:

Johnson Ave - Special Event
41 Miles Ave
CUSTOMER WORK DESCRIPTION:

Special Event
APPROX. START DATE: WORK HOURS / DURATION
1 Day
START TIME: RFQ #:

FAX:

OTHER INFO:

Union Wages / Weekday Work
LN #
PLAN REFERENCE:

San Jose Branch
DIRECT PHONE/EXT: DIRECT FAX: CELL PHONE:
408-399-5734
EMAIL:
[email protected]
12 shts $275.00 per sheet Traffic Control Planning (Non-Engineered) (1 Phase) Includes site verification survey and/or verification of existing conditions, traffic planning, and publication of traffic control plans. All plans are designed in accordance with the California M.U.T.C.D. (latest edition), and are submitted to the specifications of the requiring Agency. A four (4) hour minimum is charged on traffic plans, including the submittal of a standard non-engineered plan.

Price includes the following:
- All plans produced at 1:40" scale on B-size (11" x 17") sheets The following are not included in this price:
- Traffic signal plans
- Street Lighting plans
- Agency plan check fees
- Traffic studies (including traffic counting)
- Meetings and/or presentations with Cities or other Agencies (other than initial job-walk / project meeting)
- More than two (2) corrections from the agency or two (2) submittals - Design changes or modifications not discussed prior to the first draft and/or added after the initial plan submittal (requested by either Customer or Agency)
- Plan sets after first four (4) bond and/or one (1) vellum - Traffic control services, equipment, or maintenance
- Permits (encroachment, public works, street improvements, etc.) - Price will not include an engineer stamp on traffic control plans. - Special Provisions not provided at time of bid
- Price will not include traffic control plans for traffic signal construction drawings
- Price will not include traffic control plans for striping plans Price will be based on drawing one (1) phase of non-engineered traffic control plans for the locations listed below:

Phase #1: Johnson Ave [Road Closure w/Detours] (Special Event) 1 $3,300.00
12 shts ($125.00) per sheet Discount - DD1000
Discount will be applied to line item #1 and is subject to the following conditions; all payments relating to this project will be made subject to TMI's payment terms; performance of complete scope of work as described on this estimate.
2 ($1,500.00)
12 shts $175.00 per sheet Engineer Review
Plan review and stamp by Certified Traffic Engineer and/or Civil Engineer, fee is in addition to Traffic Control Planning. 3 $2,100.00
DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

N
o E-149152.1 Page 2 of 3
12 shts ($100.00) per sheet Engineer Review Discount - DD1000 Discount will be applied to line item #3 and is subject to the following conditions; all payments relating to this project will be made subject to TMI's payment terms; performance of complete scope of work as described on this estimate.
4 ($1,200.00)
Traffic Control (See Below) _
5 1 dy 6 ea 7 hrs $195.00 hourly One-TC Traffic Control Operation (On-Job Hourly) (ST) Includes one (1) Traffic Control Truck with a Roof Mounted Flashing Arrow Board and one (1) professionally trained and equipped Traffic Controllers (flagger) to set up and maintain standard closures per MUTCD on rights-of-way up to forty-five (45) mph. Standard traffic control devices included are cones, signs, and barricades per MUTCD.

Price is based for time On-Job only and applies to any standby, setup, maintenance, and removal time. Time will be billed in increments of 30 minutes. Mobilization includes up to 40 miles from the nearest TMI branch. Travel exceeding 40 miles will be billed at $4.00/mile. A four (4.0) hour minimum applies to all labor including jobs canceled after crews are dispatched.

Customer must call four (4.0) hours prior to scheduled dispatch or a four (4.0) hour minimum will apply. TMI 24/7 Dispatch Center: 888-722- 6796
Overtime rates ($255.00/hr) apply after eight (8.0) hours and Saturdays.

Double time rates ($350.00/hr) apply after twelve (12.0) hours, Sundays, and Holidays. Emergency and/or Same-Day Callouts not included.

Price Excludes: Trailer Mounted Flashing Arrow Board (FAS); Changeable Message Signs (CMS); Truck Mounted Attenuator (TMA); Site orientation classes; Safety Classes; Testing; Engineering; Design; Permits; Licenses; Applications; Mainline (Highway) Work; On/Off Ramps
6 $8,190.00
1 dy 6 ea 7 hrs ($24.00) hourly One-TC Traffic Control Discount - DD1000 Discount will be applied to line item #6 and is subject to the following conditions; all payments relating to this project will be made subject to TMI's payment terms; performance of complete scope of work as described on this estimate.
7 ($1,008.00)
1 dy 6 ea $68.25 ea/dy Fuel Surcharge; 5% - SD300-1
A standard fuel surcharge will be applied to line item #6 (any services requiring travel, transportation or mobilization).
8 $409.50
1 dy 6 ea $65.00 ea/dy Trailer Mounted Flashing Arrow Sign (FAS) Rental - RA100 Daily rental of one (1) “Trailer Mounted Flashing Arrow Sign (FAS) Delivery and pickup not included.

Price Excludes:
-Traffic cones for FAS trailer taper (typically 9 ea. cones) The customer will be responsible for lost or damaged traffic control equipment. Equipment maintenance, and setup re-installation or modification not included.

Additional rental rate of above equipment;
- $65.00/day; $275.00/wk.; $575.00 /mo.
9 $390.00
1 dy 6 ea ($65.00) ea/dy Trailer Mounted Flashing Arrow Sign (FAS) Rental Discount - DD1000
Discount will be applied to line item #9 and is subject to the following conditions; all payments relating to this project will be made subject to TMI's payment terms; performance of complete scope of work as described on this estimate.
10 ($390.00)
DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

N
o E-149152.1 Page 3 of 3
Bidding Without Plans
This estimate is based on description of scope of work as provided by Customer at time of request. Final estimated price to be determined when specific conditions/provisions are provided or traffic control plans have been approved by the Agency. Mobilization costs include up to forty (40) miles from TMI office.
11 EXCLUSIONS:

The following is not included in this estimate: Tax; Encroachment Permits; Traffic Signal Plans; Posting of "No Parking" Signs; Lost or damaged equipment; Business and/or resident notfication; Temporary striping or striping removal; Construction fencing; Steel/trench plates; Changeable message signs (CMS); Custom signage; Replacement or modification of existing facilities; Other STANDARD TERMS & CONDITIONS:
1) Although TMI maintains standard general liability, workers compensation, and other insurance coverages, additional costs may be incurred for the issuance of insurance certificates that require special wording, endorsements, or additional coverages or policy changes. 2) Information provided herein should be relied on for estimating purposes only. 3) This estimate is based on information available and/or provided at the time of the estimate request, such as current permit rates and requirements from public agencies, and is subject to change without notice. 4) TMI reserves the right to modify this estimate should the scope of the project change or additional information is provided. 5) Unless otherwise specified, individual line items and rates are based on acceptance of the estimate as a whole. Significant changes in quantities, addition/deletion of line-items, or selection of single line-items may result in price changes. 6) Prices are valid for up to 60 days. 7) All orders for standard traffic control and equipment (without permit or posting requirements), will require at least three working days advance notice; additional time may be required for non-standard and/or large scale traffic control. General availability of traffic control is not guaranteed and is subject to availability and schedule of TMI crews and equipment. Allow up to 14 working days for traffic plan turn-around (from time of order to initial submittal.) Agency approval and turn-around time of traffic control plans may vary and cannot be guaranteed. 8) Permit approval and timeline often vary from Agency to Agency and no guarantee of approval or approval timeline is represented. 9) Compensation will be charged for jobs that require special safety training requirements and security clearance. 10) Unless stated otherwise, this estimate is based on work being performed during normal field working hours (7:00am to 3:30pm) Monday through Friday. Additional costs will be incurred and invoiced for after hours work, weekend and/or holidays. 11) ACCEPTANCE OF THIS ESTIMATE: Unless otherwise agreed in writing, acceptance of this estimate shall authorize TMI to perform all work as stated, and this document shall serve as the binding contract, subject to the terms and conditions herein. 12) FUEL SURCHARGE: A fuel surcharge may be applied to any services requiring travel, transportation or mobilization. 13) RENTAL PROTECTION PROGRAM: All rental orders will be automatically enrolled in Rental Protection Plan (RPP) unless opted out by customer. If customer opts out of RPP, customer assumes sole responsibility for damaged or lost equipment.

RPP is not available for registered motor vehicles such as TMA's and traffic control trucks. RPP surcharge will only be applied to equipment rental charges, and not be applied to delivery, installation, removal, or other labor and service charges. RPP Coverage Exclusions: Lost, stolen, or missing equipment; damage resulting from customer misuse or negligence; damages of any kind to third parties.

TMI ESTIMATOR
x_______________________________________ Enmanuel Toledo DATE PREPARED:
10/25/2023
ESTIMATED TOTAL:
x_______________________________________ $10,291.50 CUSTOMER ACKNOWLEDGEMENT DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

ESTIMATE TRAFFIC MANAGEMENT, INC.

E-147103.1
www.trafficmanagement.com
N
o

690 Quinn Ave
877-763-5999
San Jose, CA 95112

QTY QTY QTY RATE ITEM / DESCRIPTION TOTAL
COMPANY:

CITY, STATE, ZIP:

CONTACT PERSON:

PHONE:

Town of Los Gatos
CITY / COMMUNITY:

Los Gatos
JOB LOCATION:

PROJECT INFORMATION:

CUST. REF #:

N/A
Jessica Ertell
COMPANY ADDRESS:

Los Gatos, CA 95030
Tait Ave and W Main St
T.B. MAP PAGE:

Neighborhood Trick or Treating (Tait Ave) Project
41 Miles Ave
CUSTOMER WORK DESCRIPTION:

Special Event
APPROX. START DATE: WORK HOURS / DURATION
1 Day
START TIME: RFQ #:

FAX:

OTHER INFO:

Union Wages / Weekday Work
LN #
PLAN REFERENCE:

San Jose Branch
DIRECT PHONE/EXT: DIRECT FAX: CELL PHONE:
408-399-5734
EMAIL:
[email protected]
10 shts $275.00 per sheet Traffic Control Planning (Non-Engineered) (1 Phase) Includes site verification survey and/or verification of existing conditions, traffic planning, and publication of traffic control plans. All plans are designed in accordance with the California M.U.T.C.D. (latest edition), and are submitted to the specifications of the requiring Agency. A four (4) hour minimum is charged on traffic plans, including the submittal of a standard non-engineered plan.

Price includes the following:
- All plans produced at 1:40" scale on B-size (11" x 17") sheets The following are not included in this price:
- Traffic signal plans
- Street Lighting plans
- Agency plan check fees
- Traffic studies (including traffic counting)
- Meetings and/or presentations with Cities or other Agencies (other than initial job-walk / project meeting)
- More than two (2) corrections from the agency or two (2) submittals - Design changes or modifications not discussed prior to the first draft and/or added after the initial plan submittal (requested by either Customer or Agency)
- Plan sets after first four (4) bond and/or one (1) vellum - Traffic control services, equipment, or maintenance
- Permits (encroachment, public works, street improvements, etc.) - Price will not include an engineer stamp on traffic control plans. - Special Provisions not provided at time of bid
- Price will not include traffic control plans for traffic signal construction drawings
- Price will not include traffic control plans for striping plans Price will be based on drawing one (1) phase of non-engineered traffic control plans for the locations listed below:

Phase #1 Tait Ave [Road Closure w/Detours] (Special Event) 1 $2,750.00
10 shts ($125.00) per sheet Discount - DD1000
Discount will be applied to line item #1 and is subject to the following conditions; all payments relating to this project will be made subject to TMI's payment terms; performance of complete scope of work as described on this estimate.
2 ($1,250.00)
10 shts $175.00 per sheet Engineer Review
Plan review and stamp by Certified Traffic Engineer and/or Civil Engineer, fee is in addition to Traffic Control Planning. 3 $1,750.00
DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

N
o E-147103.1 Page 2 of 3
10 shts ($100.00) per sheet Discount - DD1000
Discount will be applied to line item #3 and is subject to the following conditions; all payments relating to this project will be made subject to TMI's payment terms; performance of complete scope of work as described on this estimate.
4 ($1,000.00)
Traffic Control (See Below)
Final pricing to be determined upon approved plans.
5 1 dy 4 ea 7 hrs $195.00 hourly One-TC Traffic Control Operation (On-Job Hourly) (ST) Includes one (1) Traffic Control Truck with a Roof Mounted Flashing Arrow Board and one (1) professionally trained and equipped Traffic Controllers (flagger) to set up and maintain standard closures per MUTCD on rights-of-way up to forty-five (45) mph. Standard traffic control devices included are cones, signs, and barricades per MUTCD.

Price is based for time On-Job only and applies to any standby, setup, maintenance, and removal time. Time will be billed in increments of 30 minutes. Mobilization includes up to 40 miles from the nearest TMI branch. Travel exceeding 40 miles will be billed at $4.00/mile. A four (4.0) hour minimum applies to all labor including jobs canceled after crews are dispatched.

Customer must call four (4.0) hours prior to scheduled dispatch or a four (4.0) hour minimum will apply. TMI 24/7 Dispatch Center: 888-722- 6796
Overtime rates ($255.00/hr) apply after eight (8.0) hours and Saturdays.

Double time rates ($350.00/hr) apply after twelve (12.0) hours, Sundays, and Holidays. Emergency and/or Same-Day Callouts not included.

Price Excludes: Trailer Mounted Flashing Arrow Board (FAS); Changeable Message Signs (CMS); Truck Mounted Attenuator (TMA); Site orientation classes; Safety Classes; Testing; Engineering; Design; Permits; Licenses; Applications; Mainline (Highway) Work; On/Off Ramps
6 $5,460.00
1 dy 4 ea 7 hrs ($24.00) hourly One-TC Traffic Control Discount - DD1000 Discount will be applied to line item #6 and is subject to the following conditions; all payments relating to this project will be made subject to TMI's payment terms; performance of complete scope of work as described on this estimate.
7 ($672.00)
1 dy 4 ea $68.25 ea/dy Fuel Surcharge; 5% - SD300-1
A standard fuel surcharge will be applied to line item #6 (any services requiring travel, transportation or mobilization).
8 $273.00
1 dy 4 ea $65.00 ea/dy Trailer Mounted Flashing Arrow Sign (FAS) Rental - RA100 Daily rental of one (1) “Trailer Mounted Flashing Arrow Sign (FAS) Delivery and pickup not included.

Price Excludes:
-Traffic cones for FAS trailer taper (typically 9 ea. cones) The customer will be responsible for lost or damaged traffic control equipment. Equipment maintenance, and setup re-installation or modification not included.

Additional rental rate of above equipment;
- $65.00/day; $275.00/wk.; $575.00 /mo.
9 $260.00
1 dy 4 ea ($65.00) ea/dy Trailer Mounted Flashing Arrow Sign (FAS) Rental Discount - DD1000
Discount will be applied to line item #9 and is subject to the following conditions; all payments relating to this project will be made subject to TMI's payment terms; performance of complete scope of work as described on this estimate.
10 ($260.00)
DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

N
o E-147103.1 Page 3 of 3
Bidding Without Plans
This estimate is based on description of scope of work as provided by Customer at time of request. Final estimated price to be determined when specific conditions/provisions are provided or traffic control plans have been approved by the Agency. Mobilization costs include up to forty (40) miles from TMI office.
11 EXCLUSIONS:

The following is not included in this estimate: Tax; Encroachment Permits; Traffic Signal Plans; Posting of "No Parking" Signs; Lost or damaged equipment; Business and/or resident notfication; Temporary striping or striping removal; Construction fencing; Steel/trench plates; Changeable message signs (CMS); Custom signage; Replacement or modification of existing facilities; Other STANDARD TERMS & CONDITIONS:
1) Although TMI maintains standard general liability, workers compensation, and other insurance coverages, additional costs may be incurred for the issuance of insurance certificates that require special wording, endorsements, or additional coverages or policy changes. 2) Information provided herein should be relied on for estimating purposes only. 3) This estimate is based on information available and/or provided at the time of the estimate request, such as current permit rates and requirements from public agencies, and is subject to change without notice. 4) TMI reserves the right to modify this estimate should the scope of the project change or additional information is provided. 5) Unless otherwise specified, individual line items and rates are based on acceptance of the estimate as a whole. Significant changes in quantities, addition/deletion of line-items, or selection of single line-items may result in price changes. 6) Prices are valid for up to 60 days. 7) All orders for standard traffic control and equipment (without permit or posting requirements), will require at least three working days advance notice; additional time may be required for non-standard and/or large scale traffic control. General availability of traffic control is not guaranteed and is subject to availability and schedule of TMI crews and equipment. Allow up to 14 working days for traffic plan turn-around (from time of order to initial submittal.) Agency approval and turn-around time of traffic control plans may vary and cannot be guaranteed. 8) Permit approval and timeline often vary from Agency to Agency and no guarantee of approval or approval timeline is represented. 9) Compensation will be charged for jobs that require special safety training requirements and security clearance. 10) Unless stated otherwise, this estimate is based on work being performed during normal field working hours (7:00am to 3:30pm) Monday through Friday. Additional costs will be incurred and invoiced for after hours work, weekend and/or holidays. 11) ACCEPTANCE OF THIS ESTIMATE: Unless otherwise agreed in writing, acceptance of this estimate shall authorize TMI to perform all work as stated, and this document shall serve as the binding contract, subject to the terms and conditions herein. 12) FUEL SURCHARGE: A fuel surcharge may be applied to any services requiring travel, transportation or mobilization. 13) RENTAL PROTECTION PROGRAM: All rental orders will be automatically enrolled in Rental Protection Plan (RPP) unless opted out by customer. If customer opts out of RPP, customer assumes sole responsibility for damaged or lost equipment.

RPP is not available for registered motor vehicles such as TMA's and traffic control trucks. RPP surcharge will only be applied to equipment rental charges, and not be applied to delivery, installation, removal, or other labor and service charges. RPP Coverage Exclusions: Lost, stolen, or missing equipment; damage resulting from customer misuse or negligence; damages of any kind to third parties.

TMI ESTIMATOR
x_______________________________________ Enmanuel Toledo DATE PREPARED:
10/25/2023
ESTIMATED TOTAL:
x_______________________________________ $7,311.00 CUSTOMER ACKNOWLEDGEMENT DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F

ITEM NO. 10.

PREPARED BY: James Watson
Senior Civil Engineer – Land Development
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: 01/21/2025
ITEM NO: 11
DATE: January 16, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Pass-Through Agreement with CSG, Inc. for Review and Inspection of Encroachment Permit Applications Related to Comcast Infrastructure; and Authorize Revenue and Expenditure Budget Adjustments in the Amount of $200,000 to Recognize the Comcast Deposit Revenue and Associated Expenditure for CSG Review Services RECOMMENDATION:

Authorize the Town Manager to execute a pass-through agreement with CSG, Inc. for review and inspection of encroachment permit applications related to Comcast infrastructure; and authorize revenue and expenditure budget adjustments in the amount of $200,000 to recognize the Comcast deposit revenue and associated expenditure for CSG review services.

BACKGROUND:

Encroachment permits are used by the Town to control work in the public right-of-way (“ROW”). Encroachment permit applications vary in scope from general maintenance activities such as inspection of overhead electrical appurtenances from a bucket truck to installation of new facilities such as fiber optic lines buried along the side of the road. Encroachment permit applications are required to ensure Town Codes are followed and work in the ROW is done safely with proper traffic control that accommodates all modes of transportation through the work area.

The Town has received a large increase in encroachment permit applications due to the expansion of new telecommunication technologies in the area, including fiber optic to homes.

Frontier, AT&T, and Zayo have submitted 62 encroachment permit applications in the past year and a half that impacts most areas of the Town. Comcast has now begun submitting applications for their improvements in Los Gatos.

ITEM NO. 11.

PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to /Execute a Pass-Through Agreement with CSG, Inc.

DATE: January 16, 2025
DISCUSSION:

Comcast has ambitious goals to improve service in the Town to serve residents interested in this new communication technology. Current staff does not have the capacity to review the applications in a timely manner and provide the subsequent inspections necessary to ensure the Town’s interests are protected. Parks and Public Works issued a Request for Qualifications for On-Call Services in September 2023 and the Town Council approved the list of on-call consultants on February 20, 2024. CSG Consultants, Inc. (“CSG”) was one of the firms approved to provide on-call services.

The proposed agreement would provide authorization to augment Town staff with services from CSG to review encroachment permit applications and inspect the work performed during the installation of facilities. The agreement is a pass-through arrangement meaning that Comcast will pay a deposit to the Town and the invoices from CSG for Comcast related services will be paid from the deposit.

The Town has executed three previous pass-through agreements with CSG for the review and inspection of encroachment permit applications from Frontier, AT&T, and Zayo. The cost of these reviews and inspections are fully funded by the encroachment permits applicants. Over time, staff will consolidate other telecommunication contracts, but at present, the Town has separate contracts with CSG for the work of Frontier, AT&T, and Zayo.

CONCLUSION:

If approved, the requested action will ensure that the Town provides a high level of service in both the quality and expediency of reviews and inspections for Comcast application.

COORDINATION:

This staff report has been coordinated with Finance Department and Town Attorney.

FISCAL IMPACT:

Staff recommends authorization of the proposed agreement with CSG to provide review and inspection services related to Comast infrastructure. The proposed revenue and expenditure budget adjustments in the amount of $200,000 will recognize the Comcast deposit revenue and to authorize expending for the third-party encroachment permit review services. The proposed contract will be a pass-through contract with a not-to-exceed (“NTE”) amount of $500,000. The additional $300,000 will be recognized through the annual budget process. When the Comcast deposit is nearly exhausted, the Town will request supplemental funds from Comcast based on

ITEM NO. 11.

PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to /Execute a Pass-Through Agreement with CSG, Inc.

DATE: January 16, 2025
the projection of future work. The current hourly billing rates for CSG will be included in the contract and include inflationary increases annually.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. CSG Agreement

2. CSG Agreement Exhibit A: Scope of Services

3. CSG Agreement Exhibit B: Fee Schedule

ITEM NO. 11.

Agreement for Consultant Services ATTACHMENT 1
CSG Consultants, Inc.

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is dated for identification on this 21st day of January 2025 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and CSG Consultants, Inc. (“Consultant”), identified as a C Corporation and whose address is 550 Pilgrim Drive, Foster City, CA 94404. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 The Town desires to engage Consultant to provide services to support the Comcast encroachment permit application plan review and inspection.

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

1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.

Consultant acknowledges Town has relied upon these warranties to retain Consultant.

II. AGREEMENTS

2.1 Scope of Services. Consultant shall provide services as described in that certain proposal sent to the Town on December 12, 2024 which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. This contract will remain in effect upon execution through June 30, 2026. Consultant shall perform the services described in this agreement as described in Exhibit A.

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

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

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

ITEM NO. 11.

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

2.6 Compensation. Compensation for the Consultant’s professional services shall be paid at the established hourly rates, as set forth in the Fee Schedule (Exhibit B), which is attached hereto. Payment shall be based upon Town approval of the Scope and Fee for each task and payment of fees by Comcast. The total not-to-exceed amount for this agreement shall not exceed $500,000.

2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.

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

Invoices:

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

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

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

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

ITEM NO. 11.

Agreement for Consultant Services ATTACHMENT 1
CSG Consultants, Inc.
and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.

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

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

III. INSURANCE AND INDEMNIFICATION

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

ITEM NO. 11.

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

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

3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.

ITEM NO. 11.

Agreement for Consultant Services ATTACHMENT 1
CSG Consultants, Inc.

3.3 Workers’ Compensation. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide 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 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant.

IV. GENERAL TERMS

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

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

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

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

4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.

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

ITEM NO. 11.

Agreement for Consultant Services ATTACHMENT 1
CSG Consultants, Inc.

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.

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

ITEM NO. 11.

Agreement for Consultant Services ATTACHMENT 1
CSG Consultants, Inc.

IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

Town of Los Gatos by:

Chris Constantin, Town Manager

Recommended by:

Nicolle Burnham
Director of Parks and Public Works
Consultant, by:

Cyrus Kianpour, President
Approved as to Form:

Gabrielle Whelan, Town Attorney
Attest:

Wendy Wood, CMC, Town Clerk

ITEM NO. 11.
550 Pilgrim Drive
Foster City, CA 94404
phone 650.522.2500
fax 650.522.2599
www.csgengr.com
FOSTER CITY | PLEASANTON | SAN JOSE | SACRAMENTO | NEWMAN | ORANGE December 12, 2024
Gary Heap,
Town Engineer
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
RE: Comcast Encroachment Permit Plan Review - Proposal
Dear Gary:

CSG Consultants, Inc. is pleased to present this proposal to assist the Town of Los Gatos with Plan Review for the Comcast Encroachment permit application.

Comcast proposes to install communication lines within the Town of Los Gatos Public Right-of-Way..

Work to be performed under this proposal will include the following:

Plan Review
1) Plan Review:
• Review plans for conflicts with existing surface improvements. • Review plans for conflicts with existing utilities. Identify utilities that may require potholing prior to construction.
• Review plans for consistency with Town trench resurfacing standards. • Confirm plans show appropriate repairs to other surface improvements (concrete, pavers, landscaping) where these improvements are impacted.
2) Prepare a comment letter for each review. Meet with staff and/or the applicant as needed to review comments and how comments will be addressed.
3) Complete subsequent reviews as needed.
4) Review traffic control plans and provide comment letters and meet with Town staff and Comcast as needed.
5) Attend other meetings as needed.

Sandra Meditch, P.E., will serve as the point of contact, oversee plan review work, and conduct QA/QC.

Fee
Our fee for performing the work described above will be on a time and materials basis, based on our 2024 Standard Fee Schedule. See attached.

ATTACHMENT 2

ITEM NO. 11.
2 Inspection Services
CSG stands ready to provide inspection services if and when needed. Enforcing traffic control requirements and the permit provisions are vital on this type of work. Also working closely with the contractor to ensure all utilities are marked and trenches are backfilled according to project plans and Town/Caltrans standards. As the level of effort and the contractor’s schedule are unknown, it is very difficult to arrive at a cost at this time. However, as a place holder we suggest the Town set aside $10,000 to be finalized upon the determination of the level of effort desired by the Town and number of working days dictated by the contract.

Thank you for considering CSG Consultants for this work. We look forward to working with you on this project. Please feel free to call Sandra Meditch at (650) 522-2629 if you would like to discuss this further.

Sincerely,
_______________________________
Sandra A. Meditch, P.E.

Principal Engineer
cc: Hatem Ahmed, P.E.

Nourdin Khayata, P.E.

Sophie Truong, PE, PLS

Attachment

ITEM NO. 11.

CSG Engineering DivisionHourly Rates
Calendar Year 2024
San Francisco Bay Area
CSG Consultants’ services are billed on a time-and-materials basis according to our standard rates, shownbelow.

PROFESSIONAL ENGINEERINGSERVICES HOURLY RATE
Administrative Assistant $90
Analyst $150
Construction Inspector $165
Assistant Resident Engineer $195
Assistant Engineer $165
Associate Engineer $200
Associate Surveyor $195
Senior Construction Inspector $185
Senior Engineer $220
Senior Land Surveyor $220
Resident Engineer $240
Structure Representative $240
Senior Project Manager $245
Principal Engineer $270
Senior Principal Engineer $290
Two-Person Survey Crew $395
All hourly rates include overhead costs including, but not limited to, salaries, benefits, workers’ compensation insurance, travel and office expenses. CSG will coordinate the pickup and return of plans between CSG and agency offices. Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate. On July 1 of each year following the contract start year, CSG will initiate a rate increase based on change in CPI for the applicable region. CSG will deliver an invoice every month for services rendered during the previous month.

ATTACHMENT 3

ITEM NO. 11.

PREPARED BY: Meredith Johnston
Administrative Technician
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: 01/21/2025
ITEM NO: 12
DATE: January 6, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Weed Abatement Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2025 Weed Abatement Program Commencement Report and Order the Abatement
RECOMMENDATION:

Conduct a weed abatement public hearing to consider objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2025 Weed Abatement Program Commencement Report (Attachment 1) and order the abatement by motion.

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 preventing fire hazards created by vegetative 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 to provide protection for the property and any nearby structures by clearing hazards. The Program is administered by the County of Santa Clara (County).

County staff perform inspections to confirm compliance with 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. 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.

ITEM NO. 12.

PAGE 2 OF 4
SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2025 Weed Abatement Program Commencement Report and Order the Abatement
DATE: January 6, 2025
The annual compliance inspection fee is currently $105.

DISCUSSION:

On December 3, 2024, the Town Council passed Resolution 2024-051 (Attachment 2) declaring hazardous vegetation (weeds) a public nuisance, providing for their abatement, and setting January 21, 2025 as a public hearing date for the annual program to consider objections for proposed removal and to order the abatement. On December 10, 2024, the County mailed informational weed abatement program packets, including the schedule and price list, to all property owners. The December 10, 2024 packets contained the wrong public hearing date. On December 17, 2024, the County mailed a corrected informational letter and Notice to Destroy to all property owners (Attachment 3). In accordance with Town Code Section 11.20.020(c), the Notice was also published in the newspaper twice and posted at three prominent locations in Town.

The weed abatement process consists of eight steps that begin in November and go through August of each year. Currently, the process is at Step 4 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. County prepares a report of all properties that have been identified and provides the report to the Town (Attachment 1) (November).

2. Town Council adopts resolution declaring weeds a nuisance and sets a hearing date to hear objections by property owners to having their property listed on the report (Attachment 2) (December).

3. 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 (Attachment 3) (December).

4. Town Council holds a public hearing to consider objections by property owners and orders abatement (January).

5. County sends a courtesy letter to property owners on the report notifying them again of the abatement deadline (January).

ITEM NO. 12.

PAGE 3 OF 4
SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2025 Weed Abatement Program Commencement Report and Order the Abatement
DATE: January 6, 2025

6. After the April parcel abatement deadline, the properties are inspected by the County to verify that weeds were removed and proceeds with abatement if the inspection fails.

County creates an assessment report of all costs associated with the abatement and provides that report to the Town (June-July).

7. Town notifies the property owners on the assessment report notifying them of the hearing date (July).

8. Town Council holds a public hearing, notes any disputes, and adopts a resolution confirming the assessment report, authorizing collection of the assessment charges (August).

CONCLUSION:

Staff recommends that the Council conduct a public hearing to consider objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2025 Weed Abatement Program Commencement Report (Attachment 1) and make motion to order the abatement. At the time of this report’s preparation, staff had not been contacted regarding potential objections.

COORDINATION:

This program has been coordinated with the Santa Clara County Consumer and Environmental Protection Agency - Weed Abatement Program.

FISCAL IMPACT:

The County’s Weed Abatement Program administers services for 12 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 Operating Budget (111-5101). The Adopted Fiscal Year (FY) 2024/25 Parks and Public Works General Fund Operating Budget (111-5101-62316) includes sufficient funds to cover the cost of publishing all required legal notices.

ITEM NO. 12.

PAGE 4 OF 4
SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2025 Weed Abatement Program Commencement Report and Order the Abatement
DATE: January 6, 2025
ENVIRONMENTAL ASSESSMENT:

In accordance with CEQA Guidelines Section 15304, the Town’s weed abatement program is categorically exempt from CEQA as a minor alteration to land.

Attachments:

1. 2025 Weed Abatement Program Commencement Report

2. Resolution 2024-051

3. Abatement Program Packet Mailed to Parcel Owners

ITEM NO. 12.

ATTACHMENT 1
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. 12.

ATTACHMENT 1
Situs APN
15777 SHADY LN 527-05-005

CAMINO DEL
CERRO 527-08-001

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
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

ITEM NO. 12.

ATTACHMENT 1
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. 12.

ATTACHMENT 2

ITEM NO. 12.

ITEM NO. 12.

County of Santa Clara
Consumer and Environmental Protection Agency
Agriculture and Environmental Management
1553 Berger Drive, Building 1 San Jose, CA 95112
80 W. Highland Avenue, Building K San Martin, CA 95046
12425 Monterey Road, San Martin, CA 95046
Vector Control District
1580 Berger Drive, San Jose, CA 95112
https://cepa.santaclaracounty.gov
Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg, S. Joseph Simitian County Executive: James R. Williams
December 17, 2024
Dear Property Owner,
The County of Santa Clara Weed Abatement Program sent a packet of information to you on December 13, 2024, describing requirements for compliance with minimum fire safety standards on your property during the fire season. It has come to my attention that a typographical error was made pertaining to the date of the public hearing in your jurisdiction. Please see the attached Notice to Destroy with the corrected date of the public hearing listed as January 21, 2024, at 7:00 PM, and will be held at 110 E Main St, Los Gatos, CA 95030 in the Council Chambers.

I apologize for any confusion this may have caused. If you have any questions, please feel free to contact me directly by phone at 408-282-3186 or by email at [email protected].

Sincerely,
Garik Iosilevsky
Weed Abatement Manager
County of Santa Clara Weed Abatement Program
408-282-3186
[email protected]
ATTACHMENT 3

ITEM NO. 12.
(over)
TRA 03
Notice to
Destroy
Weeds
NOTICE IS HEREBY GIVEN that on December 3, 2024, pursuant to the provisions of Section

11.20.020 of the Town Code of the Town of Los Gatos, the Town Council of said Town adopted a Resolution declaring that all weeds growing upon any private property or in any street, sidewalk or alley, as defined in Section 11.20.020 of such code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof.

NOTICE IS FURTHER GIVEN that property owners shall within thirty days after the adoption of such resolution, or within the time specified in a written agreement with the Director of Parks and Public Works of the Town of Los Gatos, or the Director of Parks and Pubic Works' representative, whichever time shall be later, remove all such weeds from their property, the abutting sidewalks, and the abutting half of the street in front, and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the Town of Los Gatos, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Town Council of such Town to be held in the Council Chambers of said Town at 110 East Main Street, Los Gatos, California, on Tuesday, January 21, 2025 at 7:00 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration.

The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq.

ITEM NO. 12.
(over)

LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE
January 21, 2025 Public hearing to consider objections to Abatement List.

April 15, 2025 PARCEL ABATEMENT DEADLINE
Parcel must be free from hazardous vegetation by this date or Inspector will order abatement.

July-August, 2025 Assessment Hearing to protest abatement charges (Date subject to change, please confirm with City Clerk)

2025 COUNTY WEED ABATEMENT FEES
Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of $105.00 per parcel.

Please be advised that the property owner of any parcel found to be non-compliant on or after the April 15th deadline will be charged a processing fee of $597.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges.

Should the abatement work be performed by a County contractor, you will be assessed the contractor’s charges plus a County administrative fee of $961.00 per parcel. For those parcels requiring a warrant a fee of $1,323.00 per parcel will be assessed. 2025 COUNTY CONTRACTOR’S WEED ABATEMENT PRICE LIST
A) Disc Work**
PARCEL SIZE: 1
st Disc + 2nd Disc = Total Discs
0-12,500 sq.ft. $TBD $ TBD $ TBD
12,501sq.ft.- 43,560sq.ft. $ TBD $ TBD $ TBD
Larger than 1 Acre $ TBD $ TBD $ TBD (PER ACRE)
** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing.

B) HANDWORK $ TBD PER 100 Square Feet (SF)
C) FLAIL 6 Foot Mower $ TBD PER 1,000 SF
MOWING 12 Foot Mower $ TBD PER 1,000 SF
D) LOADER WORK $ TBD PER HOUR
E) DUMP TRUCK $ TBD PER HOUR
F) BRUSH WORK $ TBD PER 100 SF
G) DEBRIS REMOVAL $ TBD PER HOUR
H) DUMP FEE 100%
Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement.

ITEM NO. 12.

ITEM NO. 12.

ITEM NO. 12.
(over)
TRA 03
Notice to
Destroy
Weeds
NOTICE IS HEREBY GIVEN that on December 3, 2024, pursuant to the provisions of Section

11.20.020 of the Town Code of the Town of Los Gatos, the Town Council of said Town adopted a Resolution declaring that all weeds growing upon any private property or in any street, sidewalk or alley, as defined in Section 11.20.020 of such code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof.

NOTICE IS FURTHER GIVEN that property owners shall within thirty days after the adoption of such resolution, or within the time specified in a written agreement with the Director of Parks and Public Works of the Town of Los Gatos, or the Director of Parks and Pubic Works' representative, whichever time shall be later, remove all such weeds from their property, the abutting sidewalks, and the abutting half of the street in front, and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the Town of Los Gatos, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Town Council of such Town to be held in the Council Chambers of said Town at 110 East Main Street, Los Gatos, California, on Tuesday, January 2, 2025 at 7:00 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration.

The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq.

ITEM NO. 12.
(over)

LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE
January 2, 2025 Public hearing to consider objections to Abatement List.

April 15, 2025 PARCEL ABATEMENT DEADLINE
Parcel must be free from hazardous vegetation by this date or Inspector will order abatement.

July-August, 2025 Assessment Hearing to protest abatement charges (Date subject to change, please confirm with City Clerk)

2025 COUNTY WEED ABATEMENT FEES
Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of $105.00 per parcel.

Please be advised that the property owner of any parcel found to be non-compliant on or after the April 15th deadline will be charged a processing fee of $597.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges.

Should the abatement work be performed by a County contractor, you will be assessed the contractor’s charges plus a County administrative fee of $961.00 per parcel. For those parcels requiring a warrant a fee of $1,323.00 per parcel will be assessed. 2025 COUNTY CONTRACTOR’S WEED ABATEMENT PRICE LIST
A) Disc Work**
PARCEL SIZE: 1
st Disc + 2nd Disc = Total Discs
0-12,500 sq.ft. $TBD $ TBD $ TBD
12,501sq.ft.- 43,560sq.ft. $ TBD $ TBD $ TBD
Larger than 1 Acre $ TBD $ TBD $ TBD (PER ACRE)
** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing.

B) HANDWORK $ TBD PER 100 Square Feet (SF)
C) FLAIL 6 Foot Mower $ TBD PER 1,000 SF
MOWING 12 Foot Mower $ TBD PER 1,000 SF
D) LOADER WORK $ TBD PER HOUR
E) DUMP TRUCK $ TBD PER HOUR
F) BRUSH WORK $ TBD PER 100 SF
G) DEBRIS REMOVAL $ TBD PER HOUR
H) DUMP FEE 100%
Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement.

ITEM NO. 12.
2025 Return Reply Form
IMPORTANT: Please complete this form and mail back to the Weed Abatement Program within 15 days of receipt of this notice.Thank you.

TRA: 03
14823 LGB LLC
Parcel Number Site Address
14823 LGB LLC
2600 EL CAMINO REAL STE 410
PALO ALTO CA 94306-1719
Please check the box that
applies for each parcel
(see explanations below):

ABC
*424-07-065*
424-07-065 14823 LOS GATOS LOS GATOS
Signature Name (please print) Date Day time phone
A
B
C
I am no longer the owner of this property, and the new owner information is listed below. Please return Reply Form immediately.

I intend to maintain this parcel in a manner consistent with the Minimum Fire Safety Standards from April 15, 2025 through the end of the fire season (typically runs through October). All parcels on the abatement list remain subject to inspection and fee to ascertain compliance. Non-compliance by the deadline will result in an Inspection fee and the abatement of weeds by the County contractor and the resulting charges added to the property tax.

I request that the County Contractor perform weed abatement work on this parcel. Charges for this work will be added to my property tax bill. (All County fees Apply)
( )
Please provide any additional information such as new owners, presence of piping, irrigation, crops or other improvement.

If your property is fenced/locked, please provide instructions on how to enter the property. If you are no longer the owner of the property identified by this mailing, please notify the County immediately. If you sell your property after December 1st ,2024, it is your responsibility to notify the new owner and to include the obligation to pay any abatement costs in your agreement of sale. Without taking this action, you will be liable for all hazard abatement charges assessed to the property.

Thank you
Please check if you feel this parcel is environmentaly sensitive SAMPLE

ITEM NO. 12.

MINIMUM FIRE SAFETY STANDARDS (MFSS)
Fire Safety
Through
Vegetation
Management
Fire Resistant Landscaping
Santa Clara County
Consumer and Environmental
Protection Agency
Weed Abatement Program

1553 Berger Drive #1
San Jose, Ca 95112
Phone (408) 282-3145
Fax: (408) 286-2460
[email protected]

1. Vegetation must not exceed 6 inches in height any time after the compliance deadline.

2. Maintain grasses and weeds below 6 inches for 10 feet horizontally on both sides of all roadways, including driveways and access routes. Roads and driveways must maintain a clearance of 10’ W by 13’6” H for all vegetation.

3. Clear flammable vegetation a minimum of 30 feet around any structure, occupied or not. Ornamental vegetation should be kept clear of dead material. Some conditions, such as slopes, may require up to a 100 foot clearance.

4. Parcels one acre or less shall be completely abated. Parcels over one acre up to five acres require 30 foot clearance around structures and perimeter property lines. Additional 30 foot cross fuel breaks may also be required.

5. Parcels larger than five acres require 30 foot clearance around structures and perimeter property lines in addition to 30-foot cross fuel breaks as needed to separate the remaining vegetation into sections no larger than five acres.

6. Keep property clear of accumulation of combustible debris, such as trash, wood, and dead vegetation. Stacked firewood and neatly piled yard waste is not considered to be combustible debris.

7. Keep vegetation cleared from under the eaves of houses.

8. Trim tree branches to at least 10 feet away from chimneys. Trim tree branches up from the ground to provide at least 6 feet of vertical clearance.

9. Clear leaves, pine needles and debris from roof and gutters.

The following is a partial list of fire resistant plants that you may choose to use around your home to reduce the risk of fire. Contact your local nursery for selections appropriate to your area. All grasses, including those purportedly fire resistant, must be maintained below 6” in height.

Trees:

African Sumac
California Pepper
Shrubs:

Bearberry
Carmel Creeper
Carolina Cherry
Catalina Cherry
Escallonia
Hopseed Bush
Lemonade Berry
Groundcover:

Aaron’s Beard
Australian Daisy
Candytuft
Sterile Capeweed
Freeway Daisy
Rock Rose (except Gum
Variety)

ITEM NO. 12.

The Santa Clara County Weed
Abatement Program
The Santa Clara County Consumer and Environmental Protection Agency and your city are working together to protect your community from fire. We need your help. Please read and follow the directions provided in this brochure regarding fire prevention on your property. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials.

The Weed Abatement program is entirely funded from fees charged to residents. Fees will be assessed for any property in the program.

This is to cover the cost of the compliance inspection for the property. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement. If the property requires abatement by the County contractor, the property owner will be responsible for the actual cost of abatement plus an administrative fee. Properties that meet and maintain the minimum fire safety standards will not be charged other than the annual fee.

Program staff annually inspect parcels at the beginning of the fire season, which is typically in March or April depending on your jurisdiction. If the parcel is not in compliance at the time of inspection, the property owner will be charged a failed inspection fee, and the owner will be sent a courtesy notice as a reminder to abate the weeds. If the weeds are not abated by the property owner, the work will be completed by the County contractor. The property owner will pay the contractor’s fees plus a County administrative fee. All fees will be included in your property tax bill.

Our Goal Is Voluntary Compliance
Property Owner’s Responsiblilities
• Do not allow a fire hazard to exist on your property. The Minimum Fire Safety Standards (MFSS) in this brochure give you guidelines to follow in order to maintain your property and protect against a fire hazard. Please contact our office if you need guidance or have any questions regarding the requirements!
• Make arrangements to have your property maintained throughout the year. Contractors can be found in the yellow pages. You may choose to have the County contractor maintain your property. A current price list is included in your packet.
• Please complete and return the Reply Form provided in your mailing packet by the date on the form. Indicate your preference regarding performance of weed abatement services.

Program Staff Responsibilities
• Weed Abatement Inspectors will perform periodic inspections on all parcels included in the Santa Clara County Weed Abatement Program. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement.
• Inspectors will order the County contractor to perform all necessary abatement work on any parcel where the MFSS are not met. An attempt will be made to give the owner a courtesy notice prior to releasing the work order.
• The County contractor uses several methods of abatement including discing and handwork. The property owner is free to select whatever method they choose, provided the MFSS of all federal, state and local laws are met.
• The Weed Abatement Program will place inspection costs and the charges for County contractor services plus a County administrative fee on the property owner’s tax bill during the next fiscal year.

Burrowing Owls
Frequently Asked Questions
Q. Why have I received an Abatement Notice?
A. Typically, a property is placed on the program if a Weed Abatement Inspector identified a potential fire hazard on the property. Fire Departments and other agencies also submit complaints to the Weed Abatement Program.

Q. What is required of me now that I am in the Program? A. All property owners are required to maintain their property free of fire hazards throughout the year.

Q. The grasses planted on my property are fire resistant. Are they exempt from the Weed Abatement program?
A. No. Even grasses that possess some fire resistant qualities are not fire proof, and they can add fuel to any site that is subject to a fire. Additionally, fire resistant grasses are rarely found in a pure, homogenous stand but rather are usually found to occur mixed with other common introduced annual grasses that are highly flammable and hazardous in a fire event. Finally, many grasses occur in Santa Clara County and species identification is difficult in the field, especially after the spring when the reproductive portions required for identification have dried and dispersed. Weed Abatement Inspectors can only focus on the presence of grasses and weeds on your property and the Minimum Fire Safety Standards, and not on grass species identification. Therefore, all grasses are required to be below 6 inches in height.

Q. What is the SC County Weed Abatement Program?
A. This is a monitoring program and our primary objective is voluntary compliance. See the first two paragraphs of this brochure for further specifics.

These small owls nest in abandoned ground squirrel
burrows. Discing collapses the burrows and kills the young.

These owls are listed as a state Species of Special Concern and are protected by the federal Migratory Bird Treaty Act. If you suspect burrowing owls on your property you must use another form of weed abatement such as mowing or weedeating. If you request the County perform abatement services, please notify program staff or your City if burrowing owls are known to exist on your property.

More FAQ:

Q. How long will I be on the Program?
A. Your property will remain on the Program for three years. If no hazards are found during that time, your property may be removed from the program.

Q. How much will this cost me?
A. There will be an annual fee to cover the cost of the compliance inspection. If the parcel does not meet the MFSS when it is first inspected in the spring, or if work is required by the County contractor, you will be charged additional fees. Our goal is to ensure that the MFSS are met at the lowest possible cost to the property owner.

Q. How will I be billed?
A. Any charges for the inspection and any abatement work performed will appear as a special assessment on your next property tax bill.

Q. Why have you performed work on my property while the vegetation is still green?
A. Grass, weeds or piles of combustible debris have been declared a public nuisance by your jurisdiction. Abating fire hazards in the spring minimizes the volume of combustible material before the hazards increase and dries out completely during the peak fire season.

Q. Will you notify me prior to beginning abatement work? A. Property owners are responsible for preventing fire hazards on their property. If the MFSS have been met, but further work is necessary, you will receive notice prior to the County contractor performing the work. If the MFSS have not been met, an attempt will be made to give the owner a courtesy notice prior to initial abatement.

Q. Where can I find someone to provide abatement
services?
A. Weed Abatement contractors can be found in the Yellow Pages under “Weed Control Services” or “Discing Services”.

You may have the County contractor perform the necessary work; see your mailing packet for a current price list as administrative costs are charged.

Q. How can I get additional information or assistance
regarding the specific requirements for my property?
A. Weed Abatement Inspectors are available to assist you and answer your questions. Please call our Customer Service line at (408) 282-3145 to schedule a consultation with program staff or to obtain additional information.

Q. I have Grazing Animals do I need to perform abatement? A. Grazing animals do not absolve you of your responsibilities to provide a fire safe condition on your property. You will need to check with our office to determine if grazing is adequate or if additional work is required. Page 222
ITEM NO. 12.

ITEM NO. 12.

ITEM NO. 12.

PREPARED BY: Lance Bayer
Special Counsel
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: 01/21/2025
ITEM NO: 13
DATE: January 15, 2025
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Conduct a Public Hearing for Appeal of Administrative Citation VL-19-362 (16660 Cypress Way) for Violations of the Los Gatos Town Code Related to Grading and Building and Adopt a Resolution Upholding the Administrative Citation and Imposing Costs According to Proof
RECOMMENDATION:

Conduct a public hearing to hear an appeal of Administrative Citation VL-19-362 (16660 Cypress Way) for violations of the Los Gatos Town Code related to grading and building, and adopt a resolution upholding the administrative citation and imposing costs according to proof.

BACKGROUND:

At the appellant’s request, this appeal hearing was rescheduled to the January 21, 2025, Town Council meeting from the December 17, 2024, Town Council meeting.

On September 16, 2024, the Town Code Compliance Officer issued an Administrative Citation against Theodore and Lauri Deffenbaugh, the owners of the property located at 16660 Cypress Way (“subject property”) (Attachment 19). The citation alleged violations of the Los Gatos Town Code (“LGTC”) for unpermitted construction and unpermitted grading. The citation asserted that there were violations of LGTC section 6.150.010, incorporating California Residential Code section R105.1, regarding four buildings and one retaining wall. The citation also asserted that there was a violation of LGTC section 12.20.010 regarding failing to have the required grading permit. The citation imposed an administrative penalty of $9,250.00 for the violations of section 6.150.010 and $1,850.00 for the violation of section 12.20.010. The locations that are the subject of the citation are shown on the aerial photograph in Attachment

4.

ITEM NO. 13.

PAGE 2 OF 5
SUBJECT: Public Hearing for Appeal of Administrative Citation VL-19-362 (16660 Cypress Way) for Violations of the Los Gatos Town Code Related to Grading and Building DATE: January 15, 2025
LGMC section 1.10.040(d) states that every day of violation constitutes a separate offense. The administrative penalties in the citation were calculated from the compliance date on the Administrative Warning dated 7/8/2024.

Mr. and Ms. Deffenbaugh have appealed the citation and are entitled to an appeal hearing. In hearing this appeal, the Town Council is acting both as the Hearing Officer under LGTC section

1.30.040 and as the Board of Appeals under California Residential Code section R112.1.1 The Council shall determine whether to uphold or cancel the citation. The Council also may assess administrative costs against the violator when the Hearing Officer determines that a violation has occurred and that compliance was not achieved. Administrative costs may include any and all costs incurred by the Town (both direct and indirect costs) in investigating and commencing administrative proceedings for the violation as well as any and all costs incurred by the Town in connection with the hearing before the Hearing Officer, including but not limited to costs the Enforcement Officer incurred in preparation for the hearing and for participating in the hearing itself, and costs of the Town to conduct the hearing.

DISCUSSION:

On September 27, 2016, Theodore and Lauri Deffenbaugh (“the Deffenbaughs”) purchased the property located at 16660 Cypress Way (Attachment 22). Aerial photographs show grading and paving activity taking place without the required permits in May and August of 2018 (Attachments 1,2, and 3).

In the summer of 2019, Town staff became aware of the violations of the LGTC at the subject property. The Town Code Compliance Officer sent an Administrative Warning to the Deffenbaughs on July 17, 2019, describing observed violations consisting of new buildings, retaining walls, grading, interior remodeling, electrical, plumbing, and HVAC (Attachment 8).

The Administrative Warning requested the Deffenbaughs contact Town staff to schedule a meeting to discuss the scope of work. After the Deffenbaughs failed to respond, a second notice was sent on August 22, 2019 (Attachment 9).

The subject property contains a large residential accessory unit that was built with permits. In 2019, several marketing internet sites showed unpermitted construction inside the unit. This construction was done without obtaining the necessary permits (Attachments 5, 6, and 7).

The Deffenbaughs submitted an application for a grading permit and an architectural and site approval at the subject property on July 9, 2021 (Attachment 10). The accompanying letter of justification cited previously unpermitted “emergency” construction and proposed to mitigate the non-conforming installations. The letter of justification did not address the unpermitted construction involving accessory structures.

1 California Health and Safety Code section 17920.5

ITEM NO. 13.

PAGE 3 OF 5
SUBJECT: Public Hearing for Appeal of Administrative Citation VL-19-362 (16660 Cypress Way) for Violations of the Los Gatos Town Code Related to Grading and Building DATE: January 15, 2025
Town staff conducted a site inspection on August 24, 2021, and took photographs (Attachment 11). Some photographs show unpermitted retaining walls. The Town provided the Deffenbaughs with a Staff Technical Review addressing numerous deficiencies in the Deffenbaughs’ application, including the failure to provide a full scope of work, failure to address hillside development standards, and failure to describe the proposed design that will mitigate the unpermitted work (Attachment 12).

The Deffenbaughs did not respond to the Staff Technical Review. A pending civil lawsuit between the Deffenbaughs and their neighbors, Deffenbaugh v. Watson, et. al., addressed issues regarding grading and the retaining walls as well as a structure of the Deffenbaughs that purportedly straddled the property line between the two neighbors. The Town’s code enforcement action is independent of the litigation between the Deffenbaughs and their neighbors.

On October 30, 2023, the Town notified the Deffenbaughs and their attorney that the Town would renew its code enforcement efforts at the subject property, beginning with a site inspection (Attachment 13). On December 13, 2023, the Deffenbaughs submitted an updated letter of justification for their July 9, 2021 application (Attachment 14). On January 31, 2024, the Town provided the Deffenbaughs with a Staff Technical Review addressing numerous deficiencies in the Deffenbaughs revised application, including the failure to provide a full scope of work, failure to address hillside development standards, and failure to describe the proposed design that will mitigate the unpermitted work (Attachment 15). The Deffenbaughs have not responded to the Staff Technical Review.

After efforts by Town staff to obtain consent to inspect the subject property were unsuccessful, the Town applied to the superior court and obtained an inspection warrant for the subject property on May 20, 2024 (Attachment 16).

The inspection took place on May 30, 2024. It was conducted by the Town Chief Building Official and included other members of Town staff. During the inspection, staff took photographs and observed: (1) The interior of an ADU above the garage (Attachment 4, #1).

There was an interior remodel of the kitchen and bathroom areas without obtaining the required permits. The sleeping room lacked sufficient emergency egress and the bathroom window was not tempered as required in a wet hazard area. The front entrance deck, stairs, and railings were unstable and appeared unsafe. The railings were far below the minimum requirement and had openings exceeding a 4” diameter sphere; (2) A detached “office structure” beside the ADU (Attachment 4, #2). The structure was constructed without obtaining the required permits. It did not appear to be used for sleeping. It did not appear to have a foundation or seismic restraint. The power was provided via an extension cord (possibly a 12- gauge cord with ground). The structure was approximately 124 square feet with electrical.

Although the building would require a building permit, the Zoning Code does not allow a

ITEM NO. 13.

PAGE 4 OF 5
SUBJECT: Public Hearing for Appeal of Administrative Citation VL-19-362 (16660 Cypress Way) for Violations of the Los Gatos Town Code Related to Grading and Building DATE: January 15, 2025
structure at that location; (3) A storage structure behind the ADU (Attachment 4, #3). The structure was constructed without obtaining the required permits. The primary use appears to be storage but is wired for electrical and plumbed for what may be a future restroom. When asked about the electricity to the structure, the property owner stated it was provided via a battery system and is not connected to permanent power. The source or termination of the plumbing was not determined. The structure was approximately 197 sq. ft. with electrical and plumbing. Although the structure would require a building permit, the Zoning Code does not allow a structure at that location; and (4) The garage structure near the second living unit and pool (Attachment 4, #4). The structure was constructed without obtaining the required permits.

This structure appeared to be a garage/storage with electrical provided from the second living unit. The structure was approximately 294 sq. ft. with electrical. The structure would require a building permit; however, the structure crosses a property line boundary and must be demolished (Attachment 17).

The Town Code Compliance Officer sent an Administrative Warning to the Deffenbaughs on July 8, 2024, describing observed code violations (Attachment 18). The warning provided a compliance date of September 8, 2024. The warning advised the Deffenbaughs that failure to comply “may result in daily fines and/or any other available legal remedies.” The Deffenbaughs did not meet the compliance requirements.

On September 16, 2024, the Town Code Compliance Officer issued an Administrative Citation against the Deffenbaughs (Attachment 19). On October 14, 2024, the Deffenbaughs submitted an Administrative Citation Hearing Request Form (Attachment 21). On the same date, attorney Richard M. Harris, representing the Deffenbaughs, submitted a letter to the Town Community Development Department regarding the appeal (Attachment 22). Notice of the Administrative Appeal hearing was sent to the Deffebaughs and their legal counsel on November 7, 2024 (Attachment 23).

Town staff have calculated their costs related to the enforcement of this action as follows:

Employee Amount of
Hours
Hourly Rate
(including benefits)
Total
Town Code Compliance Officer 23.5 $ 140.27 $3296.34
Town Chief Building Official 6 $ 208.88 $1253.28
Senior Planner 8 $ 159.33 $1274.64
TOTAL $5824.26
CONCLUSION:

Town staff respectfully requests the Town Council adopt a resolution (Attachment 24) upholding the administrative citation and imposing costs according to proof.

ITEM NO. 13.

PAGE 5 OF 5
SUBJECT: Public Hearing for Appeal of Administrative Citation VL-19-362 (16660 Cypress Way) for Violations of the Los Gatos Town Code Related to Grading and Building DATE: January 15, 2025
ALTERNATIVES:

The Town Council has the following alternatives:

1. Uphold the administrative citation.

2. Cancel the administrative citation.

3. Impose costs.

4. Not impose costs.

FISCAL IMPACT:

None.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Aerial View of Subject Property 9/2017

2. Aerial View of Subject Property 5/2018 Showing Grading in Progress

3. Aerial View of Subject Property 8/2018 Showing Completed Paving

4. Aerial View of Subject Property Showing Locations of Structures in Violation

5. Hotpads Internet Posting, Showing Violations

6. Trulia Internet Posting, Showing Violations

7. Realtor.com Internet Posting, Showing Violations

8. Administrative Warning Dated 7/17/2019

9. Administrative Warning (2nd notice) Dated 8/22/2019

10. Application for Grading Permit and Architecture and Site Approval dated 7/9/2021 and Letter of Justification and Project Description Dated 7/8/2021

11. Photos of Town Inspection on 8/24/2021

12. Staff Technical Review Dated 8/24/2021 and 8/25/2021

13. Email from Town Attorney Dated 10/30/2023

14. Updated Letter of Justification Regarding Application Dated 12/13/2023

15. Staff Technical Review Dated 1/31/2024

16. Letter dated 5/22/2024 and Inspection Warrant Dated 5/20/2024

17. Description and Photos of Site Inspection of Subject Property on May 30, 2024

18. Administrative Warning Dated 7/8/2024

19. Administrative Citation Dated 9/16/2024

20. Property Detail Report

21. Administrative Citation Hearing Request Dated 10/14/2024

22. Letter to Town Community Development Department from Attorney Rogers Joseph Dated 10/14/2024

23. Notice of Appeal Hearing

24. Proposed Resolution

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ATTACHMENT 1

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May2018
ATTACHMENT 2

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August 2018
ATTACHMENT 3

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https://hotpads.com/ 16664-cypress-way-los-gatos-ca-95030-ltxztsu/pad Accessed 11-13-19 ATTACHMENT 5

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https://www.trulia.com/p/ ca/los-gatos/16664-cypress-way-los-gatos-ca-9 5030--2345 7 44967 Accessed 11-13-19 Outside parking for your horse or horseless carriage. Up to 120 square foot out-building will be built depending on your desire. While a one year lease is offered, preference will be given to individuals that will sign a 2 year lease, with second year locked in at 5% higher rental rate than first year.

We ore in final stages of the refresh, and are targeting a March 1st move in dote. If you act now. you will be able to help us finalize the window coverings. laundry room sink, washer and dryer combo, and specify what you would like in the outbuilding, which can be a workshop storage or possibly even extra space for a separate office.

ATTACHMENT 6

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16664 Cypress Way- https://www.realtor.com/realestateandhomes-detail/16664-Cypress-Way LosGatos CA 95030 M19889-26473 ATTACHMENT 7

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ATTACHMENT 15

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1 of 2
Draft Resolution Adoption Date

DRAFT RESOLUTION

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

UPHOLDING AN ADMINISTRATIVE CITATION ISSUED TO

THEODORE DEFFENBAUGH AND LAURI DEFFENBAUGH

AND IMPOSING ADMINISTRATIVE COSTS
WHEREAS, Town staff conducted a site inspection of the property located at 16660 Cypress Way, Los Gatos, on May 30, 2024.

WHEREAS, During that inspection, Town staff observed four violations of Los Gatos Town Code section 6.150.010 (incorporating California Residential Code section R105.1), regarding unpermitted remodeling of a permitted accessory unit and regarding three unpermitted structures.

WHEREAS, During that inspection, Town staff observed a violation of Los Gatos Town Code section 12.20.010 regarding unpermitted grading associated with retaining walls and roadways.

WHEREAS, Town staff issued an administrative warning notice dated July 8, 2024, which notified Theodore and Lauri Deffenbaugh, the property owners, of the violations and provided them with an administrative warning and an opportunity to abate the violations.

WHEREAS, Town staff conducted a site inspection of the property located at 16660 Cypress Way, Los Gatos, on September 13, 2024 and determined that the violations of the Town Code had not been abated.

WHEREAS, Previous unsuccessful efforts by Town staff to abate violations of Town Code sections 6.150.010 (incorporating California Residential Code section R105.1) and 12.20.010 at 16660 Cypress Way, Los Gatos, included issuing two written administrative warnings to Theodore and Lauri Deffenbaugh dated July 17, 2019 and August 22, 2019.

WHEREAS, After Theodore and Lauri Deffenbaugh failed to abate the violations set forth in the abatement warning dated July 8, 2024, Town staff issued an administrative citation on September 16, 2024, imposing daily penalties, as authorized by the Town Code, in the amount of $11,100.00.

WHEREAS, Town staff seek to recover costs of enforcement in the amount of $5,824.26 according to proof as provided by the Town Code. ATTACHMENT 24

ITEM NO. 13.
2 of 2
Draft Resolution Adoption Date
WHEREAS, Theodore and Lauri Deffenbaugh requested and received a public hearing before the Town Council, on December 17, 2024, to appeal the administrative citation.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby declare, determine, and order as follows:

1. The administrative citation issued to Theodore and Lauri Deffenbaugh on September 16, 2024 is UPHELD in the amount of $11,100.00.

2. Administrative costs are imposed in the amount of $5,824.26.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of Month, Year, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

ITEM NO. 13.

PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 01/21/2025
ITEM NO: 14
DATE: January 16, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Consider a Recommendation by the Planning Commission to Approve a Modification of Planned Development Ordinance 1412, Subdivision of One Lot into Two Lots, Construction of a Single-Family Residence, and Site Work Requiring a Grading Permit on Property Zoned O:PD; Adopt a Resolution Approving the Subdivision, and Architecture and Site Applications; and Introduce an Ordinance to Establishing Development Standards and Allowable Uses For Lots Within The Planned Development Overlay Zone .

Located at 120 Oak Meadow Drive. APN 529-10-131. Subdivision Application M-20-011, Planned Development Application PD-20-002, Architecture and Site Application S-22-021. Categorically Exempt Pursuant to CEQA Guidelines Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304:

Minor Alterations to Land. Property Owners: Marty and Penny McFarland.

Applicant: Terence J. Szewczyk (M-20-011 and PD-20-002). Applicant: Jay Plett, Architect (S-22-021). Project Planner: Sean Mullin.

Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Repealing and Replacing Planned Development Ordinance 1412 Establishing Development Standards and Allowable Uses For Lots Within The Planned Development Overlay Zone.

RECOMMENDATION:

Staff recommends that the Town Council accept the Planning Commission’s recommendation and adopt a resolution approving the subdivision, and architecture and site applications to allow a subdivision from one lot to two lots and construction of a single-family residence; and introduce an ordinance repealing and replacing Planned Development Ordinance 1412 establishing Development Standards and Allowable Uses For Lots within the Planned Development Overlay Zone.

ITEM NO. 14.

PAGE 2 OF 5
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: January 16, 2025
BACKGROUND:

The subject property is approximately 17,699 square feet located on Oak Meadow Drive between Roberts Road and Blossom Hill Road within a planned development comprised of twostory townhomes, an office building, and the single-family residence on the subject property (Attachment 1). The property is developed with an existing 3,621-square foot, two-story residence with a 520-square foot attached garage (Attachment 8, Exhibit 21).

PD Ordinance 1412 was adopted on December 4, 1978, and took effect on January 3, 1979 (Attachment 5, Exhibit 5). The PD Ordinance allowed for the following:
a. Demolition of an existing one-story residential structure; b. Conversion of an existing two-story medical office structure into a residential townhouse unit;
c. Construction of 10 two-story residential townhouse units; and d. Landscaping, parking, and limited tree removal as granted under precise plan approval.

Construction of the Townhomes and other site improvements were completed in 1981.

The existing PD Ordinance specifies that the permitted uses, conditional uses, and setback requirements for the areas within the boundary of the townhouse complex are those of the R-M zone. Since the subject property is not located within the townhouse complex and there are no performance standards contained in the PD Ordinance specific to the subject property, the permitted uses, conditional uses, setback requirements, and other development standards applicable to the subject property default to the underlying O zone.

DISCUSSION:

A. Project Summary:

The applicant is requesting approval to modify PD Ordinance 1412 to allow subdivision of the subject property into two lots and construction of a new two-story, single-family residence. Parcel A would include the existing residence and Parcel B would be developed with a new single-family residence. The applicant also requests approval of additional modifications to the performance standards in the PD Ordinance affecting Parcels A and B to allow for the following deviations from the O zone requirements and applicable sections of the Hillside Development Standards and Guidelines (HDS&G):

Parcel A
 Lot coverage exceeding 40 percent; and
 Existing residence exceeding FAR standards.

Parcel B
 Lot size below what is required by the zone;

ITEM NO. 14.

PAGE 3 OF 5
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: January 16, 2025
 Proposed residence exceeding FAR standards;
 Lot coverage exceeding 40 percent;
 Reduced setbacks;
 Portion of the residence located outside of the LRDA; and  Driveway slope exceeding 15 percent.

Full discussion and analysis of the project is provided in the July 24, 2024, Planning Commission Staff Report (Attachment 5).

Planned development Ordinance 1412 would be modified to allow the subdivision of the parcel and construction of the proposed single-family residence. A draft modified PD Ordinance is included as Attachment 3.

B. Planning Commission:

On July 24, 2024, the Planning Commission received the staff report, applicant’s presentation, and public comments on the proposed project (Attachment 7). Included in the public comments was testimony from a neighbor and board member of the Regency Court Homeowners Association (HOA) who indicated that the HOA maintained architectural control over the subject property even though it had been removed from the HOA in 1985.

Further, the HOA board member indicated that architectural review by the HOA had not been completed. After discussing the matter, the Planning Commission voted to continue consideration of this item to a date uncertain to allow the applicant sufficient time to coordinate with the HOA.

In October 2024, the HOA provided a letter summarizing the coordination between the HOA, property owner, and architect, and provided the HOA’s conditional approval of the proposed project (Attachment 8, Exhibit 19). In turn, the applicant submitted a response letter (Attachment 8, Exhibit 20) summarizing their agreement to the HOA conditions and the changes made to the revised development plans in response (Attachment 8, Exhibit 21).

A full discussion of the changes is provided in Attachment 8.

On December 11, 2024, the Planning Commission received the staff report, applicant’s presentation, and public comments on the proposed project (Attachment 9). The Planning Commission voted unanimously to recommend approval of the project to the Town Council.

C. CEQA Determination
The Project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act (CEQA), Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land.

ITEM NO. 14.

PAGE 4 OF 5
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: January 16, 2025
PUBLIC COMMENTS:

Consistent with the Town’s Height Pole, Flagging, Netting, and Signage Policy, a project sign was installed on the site on May 28, 2024. Installation of story poles is not required under the policy. Additionally, notice cards for the Planning Commission meeting were mailed to all property owners and residents within 300 feet of the PD, a legal advertisement was published in the newspaper, and meeting agendas were posted at Town Hall and the Library. Public comments received for the Planning Commission reviews are included as Attachment 5, Exhibit 16, and Attachment 6, Exhibit 17. No additional public comments were received following review by the Planning Commission in December.

CONCLUSION:

A. Summary
The applicant is requesting approval for modification of PD Ordinance 1412 to allow subdivision of one lot into two lots, construction of a single-family residence, and site work requiring a Grading Permit. The applicant also requests modifications to the performance standards in the PD Ordinance to allow deviations from the underlying zoning and applicable sections of the HDS&G allowing the following:

Parcel A
 Lot coverage exceeding 40 percent; and
 Existing residence exceeding FAR standards.

Parcel B
 Lot size below what is required by the zone;
 Proposed residence exceeding FAR standards;
 Lot coverage exceeding 40 percent;
 Reduced setbacks;
 Portion of the residence located outside of the LRDA; and  Driveway slope exceeding 15 percent.

B. Recommendation
Staff recommends the Town Council take the following actions to approve the PD, Subdivision, and Architecture and Site applications:

1. Make the finding that the proposed project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land (Attachment 2);

ITEM NO. 14.

PAGE 5 OF 5
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: January 16, 2025

2. Make the finding that the amendment to the Planned Development Overlay is consistent with Town Code Section 29.80.095 (Attachment 2);

3. Make the finding that the project complies with the objective standards of Chapter 29 of the Town Code (Zoning Regulations) except for the requested modifications to the lot coverage limitations for Parcels A and B; and the minimum lot size and setbacks for Parcel B, which are appropriate due to the constraints of the site (Attachment 2);

4. Make the finding that the amendment to the Planned Development Overlay is consistent with the General Plan (Attachment 2);

5. Make the findings as required by Section 66474 of the Subdivision Map Act (Attachment 2);

6. Make the finding that the project complies with the applicable sections of the Hillside Development Standards and Guidelines for a property with an average slope of 10 percent or greater, except for the requested modification to allow a maximum driveway slope greater than 15 percent and for a portion of the residence located outside of the LRDA, which are appropriate due to the constraints of the site (Attachment 2);

7. Make the finding that the project is consistent with the Residential Design Guidelines (Attachment 2);

8. Make the considerations as required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application (Attachment 2);

9. Introduce the Ordinance effecting the zone change; and

10. Approve Planned Development application PD-20-002 to adopt the Planned Development Ordinance (Attachment 3); approve Subdivision application M-20-011; and Architecture and Site Application S-22-021 inclusive of the recommended conditions of approval included as Attachment 4 and the revised development plans included as Attachment 8, Exhibit 21.

C. Alternatives
Alternatively, the Council can:

1. Approve the applications with additional and/or modified conditions; or

2. Continue the matter to a date certain with specific direction; or

3. Deny the applications and make the required findings for denial.

ATTACHMENTS:

1. Location Map

2. Draft Resolution with Recommended Conditions of Approval Included as Exhibit A

3. Draft Planned Development Ordinance with Exhibits A through G

4. July 24, 2024, Planning Commission Staff Report, with Exhibits 1 through 16

5. July 24, 2024, Planning Commission Desk Item, with Exhibit 17

6. July 24, 2024, Planning Commission Verbatim Minutes

7. December 11, 2024, Planning Commission Staff Report, with Exhibits 18 through 21

8. December 11, 2024, Planning Commission Verbatim Minutes

ITEM NO. 14.

N CREEK TRAIL

ROBERTS RD

BLOSSOM HILL RD

UNIVERSITY AV

OHLONE CT

FORREST AV

GARDEN HILL DR

BRICKWAY CT
120 Oak Meadow Drive
0 0.125 0.25
Miles
°
PD Boundary
Project Site
ATTACHMENT 1

ITEM NO. 14.

This Page
Intentionally
Left Blank

ITEM NO. 14.
1 of 4
Resolution 20 - Council Meeting Date
RESOLUTION 2025 -xx

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE

SUBDIVISION APPLICATION AND ARCHITECTURE AND SITE APPLICATION TO ALLOW A

SUBDIVISION FROM ONE LOT TO TWO LOTS AND CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE, AND SITE WORK REQUIRING A GRADING PERMIT ON PROPERTY ZONED O:PD.

LOCATED AT 120 OAK MEADOW DRIVE
WHEREAS, the subject property is approximately 17,699 square feet located on Oak Meadow Drive between Roberts Road and Blossom Hill Road within a planned development comprised of two-story townhomes, an office building, and the single-family residence on the subject property; and
WHEREAS, the subject property is developed with an existing 3,621-square foot, twostory residence with a 520-square foot attached garage; and WHEREAS, the applicant is requesting approval to modify Planned Development (PD) Ordinance 1412 to allow subdivision of the subject property into two lots and construction of a new two-story, single-family residence; and
WHEREAS, Parcel A would include the existing residence and Parcel B would be developed with a new single-family residence; and
WHEREAS, the applicant also requests approval of additional modifications to the performance standards in the PD Ordinance affecting Parcels A and B to allow for the following deviations from the O zone requirements and applicable sections of the Hillside Development Standards and Guidelines (HDS&G): Parcel A: Lot coverage exceeding 40 percent; and existing residence exceeding FAR standards. Parcel B: Lot size below what is required by the zone; proposed residence exceeding FAR standards; lot coverage exceeding 40 percent; reduced setbacks; portion of the residence located outside of the Least Restrictive Development Area (LRDA); and driveway slope exceeding 15 percent.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby declare, determine, and order that the following findings are made by the Town Council of the Town of Los Gatos:

Finding for the California Environmental Quality Act (CEQA):

1. The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land.

ATTACHMENT 2

ITEM NO. 14.
2 of 4
Resolution 20 - Council Meeting Date
Finding for Compliance with the Town Code for granting a Planned Development Overlay Zone:

As required by Section 29.80.095 of the Town Code for granting a Planned Development Overlay Zone, the proposed amendment:

1. Is consistent with Chapter 29, Article VIII, Division 2 of the Town Code in that it meets the purpose and intent of a Planned Development Overlay;

2. Is in conformance with the goals, policies, and applicable land use designations and standards of the Town’s 2040 General Plan and its Elements and with the 2020 Land Use and Community Design Element, including but not limited to Policies LU-1.3, LU-1.4, LU6.7, LU-6.8, LU-7.3, and LU-7.4;

3. Is in conformance with the Residential Design Guidelines and applicable sections of the Hillside Development Standards and Guidelines for a property with an average slope of 10 percent or greater; and

4. Allows for a new housing unit designed to protect and preserve the existing trees and slopes of the site.

Finding for compliance with the Zoning Regulations:

The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations), except for the requested modifications to the performance standards in the PD Ordinance to allow deviations from the underlying zoning allowing the following:

1. Lot Size: The O zone requires a minimum lot size of 8,000 square feet and the proposed subdivision would result in lots with areas of 11,906 square feet (Parcel A) and 5,793 square feet (Parcel B).

2. Lot Coverage: The existing residence would be located on new Parcel A, following subdivision. The lot coverage for Parcel A would be 40.3 percent, where 40 percent is the maximum allowed in the O zone. Similarly, the proposed residence on Parcel B would have a lot coverage of 42.6 percent, exceeding the limitations of the zone.

3. FAR Standards: The existing residence would be located on new Parcel A, following subdivision. The FAR of the existing residence would be 0.30 (3,621 square feet), where

0.27 (3,248 square feet) is the maximum allowed for a single-family residence located in a nonresidential zone. Similarly, the proposed residence on Parcel B would have a FAR of 0.34 (1,946 square feet), where 0.27 (1,543 square feet) is the maximum allowed for a single-family residence located in a nonresidential zone.

4. Setbacks: The proposed residence on Parcel B would include reduced setbacks.

Finding for consistency with the Town’s General Plan:

1. That the amendment to the Planned Development Overlay is consistent with the 2040 General Plan and its Elements and with the 2020 Land Use and Community Design Elements, including but not limited to Policies LU-1.3, LU-1.4, LU-6.7, LU-6.8, LU-7.3, LU7.4, CD-1.2, CD-3.1, and CD-4.3; and that the amendment to the Planned Development Overlay zoning is consistent with the existing General Plan designation.

ITEM NO. 14.
3 of 4
Resolution 20 - Council Meeting Date
Findings to deny a Subdivision Application:

As required by Section 66474 of the State Subdivision Map Act the map shall be denied if any of the following findings are made: None of the findings could be made to deny the application.

Instead, the Planning Commission makes the following affirmative findings:

1. That the proposed map is consistent with all elements of the General Plan.

2. That the design and improvement of the proposed subdivision is consistent with all elements of the General Plan.

3. That the site is physically suitable for the type of development.

4. That the site is physically suitable for the proposed density of development.

5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

6. That the design of the subdivision and type of improvements is not likely to cause serious public health problems.

7. That the design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

Findings for compliance with the applicable sections of the Hillside Development Standards and Guidelines:

The project complies with the applicable sections of the Hillside Development Standards and Guidelines for a property with an average of 10 percent or greater, except for the requested modification to the performance standards in the PD Ordinance to allow deviations from applicable sections of the HDS&G allowing the following:

1. LRDA: The proposed residence on Parcel B would include portions of the structure located outside of the LRDA.

2. Driveway Slope: The proposed driveway serving Parcel B includes a portion with a maximum slope of 17.5 percent, where a maximum 15 percent slope is the standard in the HDS&G.

Findings for compliance with the Residential Design Guidelines:

1. The project is in compliance with the Residential Design Guidelines for single family residences not in hillside areas. The project was reviewed by the Town’s Consulting Architect for compliance with the Town’s Residential Design Guidelines. The Consultant noted that the proposed house is well sited to respond to the constraints of the site.

The applicant provided a response to the Consultant’s recommendations justifying the proposed design and materials.

ITEM NO. 14.
4 of 4
Resolution 20 - Council Meeting Date
Required considerations in review of Architecture and Site applications:

1. As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project.

NOW, THEREFORE, BE IT FURTHER RESOLVED that, upon the effective date of the ordinance amending the PD Overlay Zone, the Town Council of the Town of Los Gatos approves the subdivision application and architecture and site application to allow a subdivision from one lot to two lots and construction of a single-family residence, and site work requiring a grading permit on property zoned O:PD located at 120 Oak Meadow Drive, subject to the attached Conditions of Approval (Exhibit A).

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of January, 2025, 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. 14.

TOWN COUNCIL – January 21, 2025

CONDITIONS OF APPROVAL
120 Oak Meadow Drive
Subdivision Application M-20-011
Architecture and Site Application S-22-021
Requesting Approval for Modification of Planned Development Ordinance 1412, Subdivision of One Lot into Two Lots, Construction of a Single-Family Residence, and Site Work Requiring a Grading Permit on Property Zoned O:PD. APN 529-10-131.

Categorically Exempt Pursuant to CEQA Guidelines Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land.

Property Owners: Marty and Penny McFarland
Applicants: Terence J. Szewczyk (M-20-011 and PD-20-002) and Jay Plett, Architect (S-22-021)
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:

Planning Division

1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes.

2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.

3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security.

4. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit.

5. TREE REPLACEMENT: Prior to issuance of a Building Permit, the location, size, and species of all required replacement trees shall be provided on the project plans.

6. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site.

7. TREE FENCING: Protective tree fencing and other protection measures shall be placed at the drip line of existing trees prior to issuance of demolition and building permits and shall remain through all phases of construction. Include a tree protection plan with the construction plans.

8. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.

9. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped.

EXHIBIT A Page 341
ITEM NO. 14.

10. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations identified in the Arborist Report dated December 16, 2022, on file in the Community Development Department. These recommendations must be incorporated in the building permit plans, and completed prior to issuance of a building permit where applicable.

11. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review.

12. STORY POLES/PROJECT IDENTIFICATION SIGNAGE: Story poles and/or project identification signage on the project site shall be removed within 30 days of approval of the Architecture & Site application.

13. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.

Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.

14. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed.

ITEM NO. 14.

Building Division

15. PERMITS REQUIRED: A Building Permit is required for the construction of the new singlefamily residence and attached garage. An additional Building Permit will be required for the PV System if the system is required by the California Energy Code.

16. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2023, are the 2022 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12, including locally adopted Reach Codes.

17. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed.

18. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building Division prior to submitting for the building permit application process.

19. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.

20. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official, containing foundation, and retaining wall design recommendations, shall be submitted with the Building Permit Application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics.

21. SHORING: Shoring plans and calculations will be required for all excavations which exceed five (5) feet in depth, or which remove lateral support from any existing building, adjacent property, or the public right-of-way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall confirm to the Cal/OSHA regulations.

22. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project Building Inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the Soils Report, and that the building pad elevations and on-site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered Civil Engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations

23. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed), i.e., directly printed, onto a plan sheet.

24. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed with adaptability features for single-family residences per Town Resolution 1994-61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at water closets, showers, and bathtubs, located 34 inches from the floor to the center of the backing, suitable for the installation of grab bars if needed in the future. b. All passage doors shall be at least 32-inch-wide doors on the accessible floor level. c. The primary entrance door shall be a 36-inch-wide door including a 5’x 5’ level landing, no more than 1 inch out of plane with the immediate interior floor level and with an 18-inch clearance at interior strike edge.

ITEM NO. 14.
d. A door buzzer, bell or chime shall be hard wired at primary entrance.

25. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12 inches above the elevation of the next upstream manhole.

26. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.

27. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the Architect or Engineer of Record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the Building Permit. The Town Special Inspection form must be completely filled-out and signed by all requested parties prior to permit issuance. Special Inspection forms are available online at www.losgatosca.gov/building.

28. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be part of the plan submittal as the second page. The specification sheet is available online at www.losgatosca.gov/building.

29. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874 b. Engineering/Parks & Public Works Department: (408) 399-5771 c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance.

TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:

Engineering Division

30. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications and Engineering Design Standards. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other construction debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the public street will not be allowed unless an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The Owner’s representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the issuance of correction notices, citations, or stop work orders and the Town performing the required maintenance at the Owner’s expense.

ITEM NO. 14.

31. APPROVAL: This application shall be completed in accordance with all the conditions of approval listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer.

32. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or building permits, the Owner and/or Applicant’s design consultant shall submit a construction management plan sheet (full-size) within the plan set that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, materials storage area(s), construction trailer(s), concrete washout(s) and proposed outhouse locations. Please refer to the Town’s Construction Management Plan Guidelines document for additional information.

33. CONSTRUCTION PLAN REQUIREMENTS: Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website.

34. PUBLIC WORKS INSPECTIONS: The Owner, Applicant and/or Developer or their representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities, grading, or paving.

Failure to do so will result in penalties and rejection of any work that occurred without inspection.

35. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer or their representative shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Owner, Applicant and/or Developer or their representative's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired and replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the Engineering Construction Inspector shall be completed before the issuance of a certificate of occupancy. The Owner, Applicant and/or Developer or their representative shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.

36. GRADING PERMIT A grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos (Grading Ordinance). After the preceding Architecture and Site Application has been approved by the respective deciding body and the appeal period has passed, the grading permit application with grading plans and associated required materials shall be submitted via email to the PPW engineer assigned to the A&S review. Plan check fees (determined after initial submittal) shall be sent to the Engineering Division of the Parks and Public Works Department located at 41 Miles Avenue. Unless specifically allowed by

ITEM NO. 14.
the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s).

Prior to Engineering signing off and closing out on the issued grading permit, the Owner’s soils engineer shall verify, with a stamped and signed letter, that the grading activities were completed per plans and per the requirements as noted in the soils report. A separate building permit, issued by the Building Department, located at 110 E. Main Street, is needed for grading within the building footprint.

37. SECURITY OF PERFORMANCE: Prior to approval of the grading permit, the applicant shall provide security for the performance of the work described and delineated on the approved grading plans. The form of security shall be one or a combination of the following to be determined by the Town Engineer and subject to the approval of the Town Attorney.
a. Bond or bonds issued by one (1) or more duly authorized corporate sureties on a form approved by the Town.
b. Deposit, with the Town, money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one (1) or more financial institutions subject to regulation by the State or Federal Government wherein such financial institution pledges funds are on deposit and guaranteed for payment.

38. GRADING PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited with the Engineering Division of the Parks and Public Works Department prior to the commencement of plan check review.

39. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of permits or recordation of maps.

40. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction.

41. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to the commencement of any and all altered work. The Owner’s project engineer shall notify, in writing, the Town Engineer at least seventy-two (72) hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final “as-built” plans.

42. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California and submitted to the Town Engineer for review and approval. Additionally, any post-project traffic or parking counts, or other studies imposed by the Planning Commission or Town Council shall be funded by the Owner, Applicant and/or Developer.

43. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town Inspector. At a minimum, watering shall occur three (3) times daily unless the contractor applies a non-toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project.

Watering on public streets shall not occur. Streets shall be cleaned by street sweepers or

ITEM NO. 14.
by hand as often as deemed necessary by the Town Engineer, or at least once a day.

Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one (1) late-afternoon watering to minimize the effects of blowing dust. All public and private streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed twenty (20) miles per hour (MPH).

44. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities.

45. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town’s storm drains.

46. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.

47. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person or persons authorized to do so at all times during working hours. The Owner’s representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in penalties and/or the Town performing the required maintenance at the Owner’s expense

48. CONSTRUCTION HOURS: All subdivision improvements and site improvements construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. The Town may authorize, on a case-bycase basis, alternate construction hours. The Owner, Applicant and/or Developer shall provide written notice twenty-four (24) hours in advance of modified construction hours.

Approval of this request is at discretion of the Town.

49. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 6:00 p.m. during the week and 9:00 a.m. to 4:00 p.m. on Saturdays, construction, alteration, or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eightyfive (85) dBA at twenty-five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA.

50. WATER METER: Water meters shall be relocated within the property in question, directly inside the property line. The Owner, Applicant and/or Developer shall repair and replace to existing Town standards any portion of concrete flatwork that is damaged during this activity prior to issuance of a certificate of occupancy.

51. SANITARY SEWER CLEANOUT: Sanitary sewer cleanouts shall be relocated within the property in question, within one (1) foot of the property line per West Valley Sanitation District Standard Drawing 3, or at a location specified by the Town. The Owner, Applicant

ITEM NO. 14.
and/or Developer shall repair and replace to existing Town standards any portion of concrete flatwork within said right-of-way that is damaged during this activity prior to issuance of a certificate of occupancy.

52. PRECONSTRUCTION MEETING: Prior to issuance of any grading or building permits or the commencement of any site work, the general contractor shall:
a. Along with the Owner, Applicant and/or Developer, setup a pre-construction meeting with Eric Christianson, Senior Public Works Inspector [email protected] (408) 354-6824 to discuss the project conditions of approval, working hours, site maintenance, and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of approval and will make certain that all project sub-contractors have read and understand them as well prior to commencing any work, and that a copy of the project conditions of approval will be posted on-site at all times during construction.

53. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public rightof-way will only be allowed if it does not cause access or safety problems as determined by the Town.

54. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required.

55. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading activities and operations shall not occur during the rainy season, as defined by Town Code of the Town of Los Gatos, Sec. 12.10.020, (October 15-April 15).

56. DRIVEWAY: The driveway conform with the existing pavement on Oak Meadow Drive shall be constructed in a manner such that the existing drainage patterns will not be obstructed.

57. CONSTRUCTION EASEMENT: Prior to the issuance of a grading or building permit, it shall be the sole responsibility of the Owner, Applicant and/or Developer to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit.

58. DRAINAGE STUDY: Prior to the issuance of any grading or building permits, the following drainage studies shall be submitted to and approved by the Town Engineer: a drainage study of the project including diversions, off-site areas that drain onto and/or through the project, and justification of any diversions; a drainage study evidencing that the proposed drainage patterns will not overload the existing storm drain facilities; and detailed drainage studies indicating how the project grading, in conjunction with the drainage conveyance systems (including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding) will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood.

59. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the issuance of a building permit. An arborist report may be necessary. Please contact