IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E. Main Street and virtually through Zoom Webinar (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom Webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
HOW TO PARTICIPATE
The public is welcome to provide oral comments in real-time during the meeting in three ways:
Zoom Webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device. Please use this URL to join: https://losgatoscagov.zoom.us/j/85481444677?pwd=561kip53XZTmhrTCwGDoNCvDTWQnwJ.1 Passcode: 535103. You can also type in 854 8144 4677 in the “Join a Meeting” page on the Zoom website at www.zoom.us and use passcode 535103.
o When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand.
Telephone: Please dial (877) 336-1839 for US Toll-free or (636) 651-0008 for US Toll. (Conference code: 1052180)
o If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: Please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak.
NOTES: (1) Comments will be limited to three (3) minutes or less at the Mayor’s discretion. (2) If you are unable to participate in real-time, you may email [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment). (3) Deadlines to submit written comments are:
11:00 a.m. the Thursday before the Council meeting for inclusion in the agenda packet. 11:00 a.m. the Monday before the Council meeting for inclusion in an addendum. 11:00 a.m. on the day of the Council meeting for inclusion in a desk item. (4) Persons wishing to make an audio/visual presentation may do so only on agenda items and must submit the presentation electronically to [email protected] no later than 3:00 p.m. on the day of the Council meeting.
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
JANUARY 21, 2025
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
Matthew Hudes, Mayor
Rob Moore, Vice Mayor
Mary Badame, Council Member
Rob Rennie, Council Member
Maria Ristow, Council Member
CALL MEETING TO ORDER
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)).
PLEDGE OF ALLEGIANCE
PRESENTATIONS
i. Recognize Outgoing Town Board, Commission, and Committee Members.
CONSENT ITEMS (Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may remove an item from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on Page 1 of this agenda. If an item is removed, the Mayor has the sole discretion to determine when the item will be heard.)
1. Approve the Minutes of the December 10, 2024 Special Town Council Meeting.
2. Approve the Minutes of the December 16, 2024 Special Town Council Meeting.
3. Approve the Minutes of the December 17, 2024 Closed Session Town Council Meeting.
4. Approve the Minutes of the December 17, 2024 Town Council Meeting.
5. Receive the Monthly Financial and Investment Report for November 2024.
6. Adopt a Resolution Granting an Appeal of a Planning Commission Decision to Approve an Architecture and Site Application for Construction of a Single-Family Residence and Site Improvements Requiring a Grading Permit on Vacant Property Zoned R-1:8 and Remanding the Decision to the Planning Commission with Specific Direction. Located at 15411 National Avenue. APN 424-12-140. Architecture and Site Application S-23-033.
Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction. Property Owners: Vyankatesh and Ramya Muddada. Applicant: Jose Rama.
Appellant: Hellen Martinez. Project Planner: Erin Walters.
7. Adopt An Ordinance Amending Section 06.20.020 (Buildings and Building Regulations) to Add the Definition of Qualifying Alterations.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Adding a Section 06.20.020, “Qualifying Alterations,” to Article II, “Administration of Codes,” of Chapter 6, “Buildings And Building Regulations,” of the Town Code to Add a Definition for “Qualifying Alterations.”
8. Accept Grant Funding From the Town’s Citizens Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) and Authorize Revenue and Expenditure Allocation to the Grant Program “4818” for Fiscal Year 2024/25.
9. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services with Sequoia Ecological Consulting Inc. to Increase the Contract Amount by $6,440 for an Adjusted Contract Amount Not to Exceed $237,795 for Vegetation Management – Townwide Open Spaces Project (CIP No. 832-4508).
10. 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.
11. 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.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda and is within the subject matter jurisdiction of the Town Council. The law generally prohibits the Town Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. In the event additional speakers were not heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.) PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
12. 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.
13. 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.
14. 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.
15. Introduce an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding Considerations for an Architecture and Site Application, Findings for a Conditional Use Permit, Manufactured Housing, and Private Open Space and Community Recreation Space Requirements, Pursuant to Implementation Program AQ of the 2023- 2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment.
Town Code Amendment Application A-24-008. Project Location: Town Wide. Applicant:
Town of Los Gatos.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning Regulations,” of the Town Code to Amend Considerations for an Architecture and Site Application, Findings for a Conditional Use Permit, Manufactured Housing, and Private Open Space and Community Recreation Space Requirements.
16. Introduce an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding Parking Standards Pursuant to Implementation Program AA of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment.
Town Code Amendment Application A-24-009. Project Location: Town Wide. Applicant:
Town of Los Gatos.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning Regulations,” of the Town Code Regarding Parking Standards, Pursuant to Implementation Program AA of the 2023-2031 Housing Element.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
17. Receive the Information Provided in the Police Services Report: July – December 2024.
18. Discussion, Consideration, and Approval to Add a Full-Time Emergency Manager (Classification: Division Manager) Position to the FY 2024-25 Budget and Approve an Expenditure Budget Adjustment of $1,000,000 for Emergency Management Efforts from the Available Special/Capital Projects Reserve.
19. Resolution Declaring Town-Owned Property at 4 Tait to be Exempt Surplus Land Pursuant to the State Surplus Land Act [Gov. Code Section 54221(f)(1)(B)] and Authorizing Town Manager to Pursue Disposal of the Property and Make Recommendations to the Town Council.
COUNCIL / MANAGER MATTERS
CLOSED SESSION REPORT
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.)
ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354-6834.
Notification at least two (2) business days prior to the meeting date will enable the Town to make reasonable arrangements to ensure accessibility to this meeting [28 CFR §35.102-35.104].
NOTICE REGARDING SUPPLEMENTAL MATERIALS Materials related to an item on this agenda submitted to the Town Council after initial distribution of the agenda packets are available for public inspection in the Clerk’s Office at Town Hall, 110 E. Main Street, Los Gatos and on Town’s website at www.losgatosca.gov. Town Council agendas and related materials can be viewed online at https://losgatos-ca.municodemeetings.com/.
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: 1
DRAFT
Minutes of the Town Council Special Meeting
Tuesday, December 10, 2024
7:00 P.M.
The Town Council of the Town of Los Gatos conducted a special meeting in-person and via teleconference.
MEETING CALLED TO ORDER AT 7:05 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, Council Member Maria Ristow.
Absent: None
Mayor Badame recognized distinguished guests in the audience.
VERBAL COMMUNICATIONS
Karla Albright
- Provided comments in support of the appointment of Rob Moore as the Vice Mayor.
Nick Struthers
- Thanked the Council for their service, commented in support of appointing Vice Mayor Hudes as Mayor, and on concerns with new developments.
Stephanie Brown
- Provided comments in support of the appointment of Rob Moore as the Vice Mayor.
Alex Kobayashi, Senator Josh Becker
- Congratulated Council Members Hudes and Ristow on their appointments and commended Mayor Mary Badame for her service as Mayor.
OTHER BUSINESS
1. Reorganization of the Town Council:
a. Acknowledge the Appointments of Council Members Matthew K. Hudes and Maria L.
Ristow;
b. Recognize Outgoing Mayor Badame; and
c. Appoint the Mayor and Vice Mayor.
ITEM NO. 1.
PAGE 2 OF 2
SUBJECT: Draft Minutes of the Town Council Meeting of December 10, 2024 DATE: December 11, 2024
Mayor Badame recognized the appointments of Matthew Hudes and Maria Ristow to the office of Council Member for a full term of four years each and acknowledged the official commencement of their terms of office.
Chris Constantin, Town Manager, presented a video commemorating Mayor Badame’s year as Mayor and presented the Mayor with a commemorative plaque.
Mayor Badame commented on the key accomplishments of the Town during her year as Mayor.
Council Members thanked Mayor Badame for her leadership.
MOTION: Motion by Mayor Badame to nominate Vice Mayor Hudes as Mayor. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
Mayor-Elect Hudes commented on his upcoming Mayoral year and thanked his family and the community.
MOTION: Motion by Mayor-Elect Hudes to nominate Council Member Moore as Vice Mayor.
Seconded by Council Member Ristow.
VOTE: Motion passed unanimously.
Vice Mayor-Elect Moore provided brief comments on his upcoming Vice Mayoral year.
Mayor-Elect Hudes introduced former Mayor and Council Member Sandy Decker who then administered the Oath of Office to Mayor-Elect Hudes, Vice Mayor-Elect Moore, and newly appointed Council Member Ristow.
Mayor Hudes accepted the gavel and made closing comments.
ADJOURNMENT
The meeting adjourned at 7:49 p.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk
ITEM NO. 1.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 01/21/2024
ITEM NO: 2
DRAFT
Minutes of the Town Council Special Meeting – Commissioner Interviews Monday, December 16, 2024
5:15 P.M.
The Town Council of the Town of Los Gatos conducted this special meeting in-person and utilizing teleconferencing means.
MEETING CALLED TO ORDER AT 5:16 P.M.
Mayor Hudes welcomed applicants and provided introductory comments.
ROLL CALL
Present: Mayor Matthew Hudes, Vice Mayor Rob Moore, Council Member Mary Badame, Council Member Rob Rennie, Council Member Maria Ristow.
Absent: None.
VERBAL COMMUNICATIONS
No one spoke.
OTHER BUSINESS
1. Interview Applicants and Make Appointments to Town Boards, Committees, and Commissions.
Mayor Hudes provided comments to explain the interview process that will be used for the meeting.
Council interviewed the following applicants for the vacant positions on Town Boards, Commissions, and Committees.
Library Board
o Steve Curry
o Helena Fontenelle
o Gayle Gordon
o Deborah Lowe
o Katharine Vieceli
ITEM NO. 2.
PAGE 2 OF 4
SUBJECT: Draft Minutes of the Town Council Special Meeting of December 16, 2024 – Commissioner Interviews
DATE: December 18, 2024
Planning Commission
o Kyle Bohigian
o Kendra Burch
o Rasha Lashin (did not interview)
o Salma Mojaddidi (did not interview)
o Rob Stump
Arts and Culture Commission
o Shantik Azima-Taylor
o Danielle Hinsche (did not interview)
o Rebecca Navid
o Thomas Spilsbury (did not interview, submitted a letter requesting reappointment) o Janet Wolf
Historic Preservation Committee
o Susan Branch
o Alan Feinberg
Parks and Sustainability Commission
o Brant Corenson
o Malcolm Gordon
o Suresh Mohan
o Reza Navid
o Kim Vrijen
Complete Streets and Transportation Commission
o Pradeep Khanal
o Alice Miano
o Elisabeth Tabinski
Mayor Hudes called a recess at 7:19 p.m.
The meeting reconvened at 7:32 p.m.
Diversity, Equity, and Inclusion Commission
o Tooba Ahmed (non-profit employee, qualifies as LG business employee) o Folake Phillips (non-profit employee)
o Nora Rousso (resident)
o Gordon Yamate (resident)
ITEM NO. 2.
PAGE 3 OF 4
SUBJECT: Draft Minutes of the Town Council Special Meeting of December 16, 2024 – Commissioner Interviews
DATE: December 18, 2024
Community Health and Senior Services Commission
o Gregory Gentile
o Becky Gore (did not interview)
o Eleanor Yick
Ballots were distributed to each Council Member and the Town Clerk stated that in order for a candidate to be appointed, a majority vote of three or more must occur. The Council Members completed written ballots and provided them to the Town Clerk. Town Clerk Wood read the votes and appointments as follows (applicants not listed did not receive a vote):
Library Board
o Gayle Gordon received one vote (Moore).
o Deborah Lowe received a unanimous vote.
o Katharine Vieceli received four votes (Rennie, Ristow, Badame, Hudes).
Deborah Lowe and Katharine Vieceli were appointed to the Library Board. Planning Commission
o Kyle Bohigian received two votes (Moore and Ristow).
o Kendra Burch received a unanimous vote.
o Rob Stump received three votes (Badame, Hudes, Rennie).
Kendra Burch and Rob Stump were appointed to the Planning Commission. Arts and Culture Commission
o Shantik Azima-Taylor received one vote (Moore).
o Rebecca Navid received a unanimous vote.
o Thomas Spilsbury received four votes (Badame, Hudes, Rennie, Ristow). o Janet Wolf received a unanimous vote.
Rebecca Navid, Thomas Spilsbury, and Janet Wolf were appointed to the Arts and Culture Commission.
Historic Preservation Committee
o Susan Branch received one vote (Rennie).
o Alan Feinberg received four votes (Badame, Hudes, Moore, Ristow).
Alan Feinberg was appointed to the Historic Preservation Committee.
ITEM NO. 2.
PAGE 4 OF 4
SUBJECT: Draft Minutes of the Town Council Special Meeting of December 16, 2024 – Commissioner Interviews
DATE: December 18, 2024
Parks and Sustainability Commission
o Brant Corenson received three votes (Badame, Hudes, Ristow). o Malcolm Gordon received two votes (Hudes, Rennie).
o Reza Navid received two votes (Badame, Moore).
o Kimberly “Kim” Vrijen received three votes (Moore, Rennie, Ristow).
Brant Corenson and Kimberly Vrijen were appointed to the Park and Sustainability Commission. Complete Streets and Transportation Commission
o Pradeep Khanal received a unanimous vote.
o Alice Miano received a unanimous vote.
o Elisabeth Tabinski received a unanimous vote.
Pradeep Khanal, Alice Miano, and Elisabeth Tabinski were appointed to Complete Streets and Transportation Commission.
Diversity, Equity, and Inclusion Commission
o Tooba Ahmed received a unanimous vote for the Los Gatos Business Owner or Employee seat.
o Folake Phillips received a unanimous vote for the Non-Profit Employee seat. o Nora Rousso received one vote for the Resident seat (Hudes). o Gordon Yamate received four votes for the Resident seat (Badame, Moore, Rennie, Ristow).
Tooba Ahmed was appointed to the Diversity, Equity, and Inclusion Commission for the seat of Los Gatos Business Owner or Employee; Folake Phillips was appointed to the Diversity, Equity, and Inclusion Commission for the seat of Non-Profit Employee; and Gordon Yamate was appointed to the Diversity, Equity, and Inclusion Commission for the seat of Resident. Community Health and Senior Services Commission
o Gregory Gentile received a unanimous vote.
o Eleanor Yick received a unanimous vote.
Gregory Gentile and Eleanor Yick were appointed to the Community Health and Senior Services Commission.
ADJOURNMENT
The meeting adjourned at 8:38 p.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk
ITEM NO. 2.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 01/21/2025
ITEM NO: 3
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, December 17, 2024
5:15 P.M.
The Town Council of the Town of Los Gatos conducted a special meeting in-person to hold a Closed Session.
MEETING CALLED TO ORDER AT 5:15 P.M.
ROLL CALL
Present: Mayor Matthew Hudes, Vice Mayor Rob Moore, Council Member Mary Badame, Council Member Rob Rennie, and Council Member Maria Ristow.
Absent: None.
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
Rich Stevens
- Commented on concerns with proposed projects and the displacement of businesses.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957(b)(1)
Title: Town Manager
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(2): 1 case.
The Town Council reconvened in open session. The discussion of the Employee Performance Evaluation of the Town Manager will be continued to a date uncertain. There was no reportable action.
ADJOURNMENT
The meeting adjourned at approximately 6:10 p.m.
Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Town Clerk Chris Constantin, Town Manager
ITEM NO. 3.
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: 4
DRAFT
Minutes of the Town Council Meeting
Tuesday, December 17, 2024
7:00 P.M.
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and via teleconference.
MEETING CALLED TO ORDER AT 7:01 P.M.
ROLL CALL
Present: Mayor Matthew Hudes, Vice Mayor Rob Moore, Council Member Mary Badame, Council Member Rob Rennie, Council Member Maria Ristow.
Absent: None
PLEDGE OF ALLEGIANCE
Girl Scouts Sophia, Audrey, and Nishka led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
i. AARP provided a Presentation to the Town of Los Gatos on Acceptance into the AARP Network of Age-Friendly States and Communities.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Closed Session Minutes of the December 3, 2024 Town Council Meeting.
2. Approve the Minutes of the December 3, 2024 Town Council Meeting.
3. Adopt An Ordinance to Repeal Town Code Sections 6.120.060, 6.120.070, and 6.120.080 (All Electric Construction Requirements). ORDINANCE 2365 Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Repealing Section 6.120.060, “All Electric Construction Definitions,” Section 6.120.070, “Residential All Electric Construction,” and Section 6.120.080, “Nonresidential All Electric Construction” of the Town Code.
4. Adopt an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding State Mandated Density Bonuses, Pursuant to Implementation Program R of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to Government Code Sections 65915 and Following. Town Code Amendment Application A-24-005. Project Location: Town Wide. Applicant: Town of Los Gatos. ORDINANCE 2366
ITEM NO. 4.
PAGE 2 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of December 17, 2024 DATE: December 17, 2024
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning,” of the Town Code to Update the Town's Density Bonus Ordinance to Reflect Changes Made in State Law.
5. Adopt an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code to Add Low Barrier Navigation Centers as a By-Right Use in Mixed-Use and Nonresidential Zones, Pursuant to Implementation Program AD of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to Government Code Sections 65660 - 65668. Town Code Amendment Application A-24-006.
Project Location: Town Wide. Applicant: Town of Los Gatos. ORDINANCE 2367 Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos to Add Division 11, “Low Barrier Navigation Centers,” to Article I, “General” of Chapter 29, “Zoning Regulations,” of the Town Code.
6. Adopt a Replacement Units Ordinance Pursuant to Implementation Program AU of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to State Law. Town Code Amendment Application A-24-007. Project Location: Town Wide. Applicant: Town of Los Gatos.
ORDINANCE 2368
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning,” of the Town Code, to Add Division 12, “Replacement Housing Units,” to Article I, “General.”
7. Consider the Following Actions for the Property Location: 653 Blossom Hill Road. APN 529- 65-002. Property Owner: Natalie Ladd. RESOLUTION 2024-053 a. Adopt a Resolution Approving a Purchase and Sale Agreement for the Re-Purchase of an Affordable Housing Unit Subject to an Existing Below Market Price (BMP) First Right of Refusal Option; and
b. Authorize the Town Manager to Negotiate and Execute all Agreements and Documents Necessary and Appropriate to Effectuate the Preservation of the Affordable Housing Unit; and
c. Authorize an Expenditure Budget Adjustment in the Amount of $476,154 from Available BMP Housing In-Lieu Fee Fund to Purchase, Make Any Necessary Repairs, and Pay Any Past Due Fees and Taxes of the Property Prior to Resale; and d. Authorize a Revenue Budget Adjustment in the Amount of $476,154 to Redeposit the Sales Proceeds to the BMP Fund after Reselling the Unit.
8. Authorize the Town Manager to Execute a Five-Year Agreement for Services with Buringrud & Reyes Electric Inc. for Maintenance of Downtown Decorative Tree Lighting for a Total Agreement Amount Not to Exceed $304,425.
9. Adopt a Resolution to Designate the Traffic Seargent or Police Department Staff Member as Designated by the Chief of Police to the Board of Directors of the Los Gatos-Monte Sereno Safe Routes to School Organization. RESOLUTION 2024-054
ITEM NO. 4.
PAGE 3 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of December 17, 2024 DATE: December 17, 2024
10. Authorize the Town Manager to Execute a Use Agreement with California Farmers’ Markets Association for Farmers’ Market Operation Services for a Three-Year Term with Two ThreeYear Options to Extend the Term.
11. Adopt Council Committee Appointments Effective January 1, 2025.
12. Approve a Side Letter that Amends the Town Employees Association (TEA) Salary Schedule to Establish a New Classification Title and Salary Range for Project Analyst I/II.
13. Receive the Monthly Financial and Investment Report for October 2024.
14. Receive Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2024, and Adopt a Resolution Confirming June 30, 2024 Fund Balances in Accordance with Fiscal Year 2023/24 Final Audit and Town Council General Fund Reserve Policy. RESOLUTION 2024-055
15. Adopt the Town of Los Gatos Community Wildfire Protection Plan (Annex 9 of the Countywide Community Wildfire Protection Plan).
16. Receive a Fiscal Year (FY) 2023/24 Status Report on Receipt and Use of Development Impact Fees.
Mayor Hudes opened public comment.
Carin Yamamoto
- Requested clarification on items 3, 4, 5, and 6, and commented concerns on item 15.
Mayor Hudes closed public comment.
MOTION: Motion by Council Member Ristow to approve consent items one through sixteen.
Seconded by Vice Mayor Moore.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Michael Kane
- Commented on a newspaper article, Senate Bill 54, a Town Resolution from 2017 (Resolution 2017-024), and on item 22.
Lynley Hogan
- Congratulated Mayor Hudes and commented on America’s 250th anniversary.
Gus Who
- Congratulated Mayor Hudes and Vice Mayor Moore; commented on concerns with policies and recent events; and acknowledged Council Member Mayor Badame’s service as Mayor.
Tom Picraux, Los Gatos Thrives Foundation President
- Commended the Town for joining the AARP Age-Friendly Network.
ITEM NO. 4.
PAGE 4 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of December 17, 2024 DATE: December 17, 2024
PUBLIC HEARINGS
17. 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.
Gabrielle Whelan, Town Attorney, stated this item has been rescheduled to January 21, 2025.
18. Consider an Appeal of a Planning Commission Decision to Approve an Architecture and Site Application for Construction of a Single-Family Residence and Site Improvements Requiring a Grading Permit on Vacant Property Zoned R-1:8. Located at 15411 National Avenue. APN 424-12-140. Architecture and Site Application S-23-033. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction. Property Owners: Vyankatesh and Ramya Muddada. Applicant: Jose Rama. Appellant: Hellen Martinez. Project Planner: Erin Walters.
Erin Walters, Senior Planner, presented the staff report.
Christian Urricariet and Hellen Martinez, Appellants
- Provided a presentation for the appeal.
Vyankatesh and Ramya Muddada, Property Owner/Applicant
- Provided a presentation of the proposed project.
Mayor Hudes opened public comment.
Venicat Vuppunutula
- Commented on concerns with privacy and massing.
Dearath
- Commented on concerns with privacy and massing.
Mayor Hudes closed public comment.
Vyankatesh and Ramya Muddada, Property Owners, and Jose Rama, Applicant - Provided closing comments and answered Council questions.
Christian Urricariet and Hellen Martinez, Appellants
- Provided closing comments.
Council provided disclosures that each member has visited the site of the proposed project.
Council discussed the item.
ITEM NO. 4.
PAGE 5 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of December 17, 2024 DATE: December 17, 2024
MOTION: Motion by Council Member Badame To provide direction to staff to prepare a resolution to grant the appeal and remand the application back to the Planning Commission with specific direction, that direction being: reduce the square footage of the residence to an amount not exceeding the largest in the immediate neighborhood, reduce the square footage of the garage to an amount not to exceed the largest in the immediate neighborhood, adopt the remaining two recommendations of the Town architect which is number one and number five [which is to] provide an under the eave entry in lieu of the proposed stone tower and provide projecting trim at the second-floor line around all sides of the home.
The neighbors shall mutually agree upon the number, and location, and species of the privacy trees; work with the neighbors and Town staff to minimize and relocate windows to mitigate privacy impacts to the neighbors; and use obscure glass to address privacy at impacted locations. Seconded by Vice Mayor Moore.
Council Member Badame withdrew the motion.
After discussion, the following motion was made:
MOTION: Motion by Council Member Badame to provide direction to staff to prepare a resolution granting the appeal and remanding the application back to the Planning Commission with specific direction: reduce second floor massing, the number and location and species of the privacy trees shall be mutually agreed upon by the neighbors, work with the neighbors and Town staff to minimize and relocate windows to mitigate privacy impacts to the neighbors, and use of obscured glass to address privacy at impacted locations. Include the findings as just stated [the decision was not supported by substantial evidence in the record, the residential design guidelines were not met, staff’s recommendation of denial, and Commissioner Barnett’s quoting of section 2.1 of the residential design guidelines].
Seconded by Vice Mayor Moore.
VOTE: Motion passed 4-1. Council Member Ristow voted no.
Mayor Hudes called a recess at 9:22 p.m.
The meeting reconvened at 9:34 p.m.
OTHER BUSINESS
19. Introduce an Ordinance Amending Section 06.20.020 (Buildings and Building Regulations) to Add the Definition of Qualifying Alterations; and Consider Introducing an Ordinance Establishing Air Quality and NOx Emissions Regulations.
Ordinance Titles: An Ordinance of the Town Council of the Town of Los Gatos Adding a Section 06.20.020, “Qualifying Alterations,” to Article II, “Administration Of Codes,” of Chapter 6, “Buildings And Building Regulations,” of the Town Code to Add a Definition for “Qualifying Alterations”; and An Ordinance of the Town Council of the Town of Los Gatos Adding Article V, “Air Quality” to Chapter 13, “Health and Safety” of the Town Code to
ITEM NO. 4.
PAGE 6 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of December 17, 2024 DATE: December 17, 2024
Establish Air Quality and NOx Emissions Regulations, and Amending Section 29.20.720, “Administration And Enforcement” to Add the Implementation of the Air Quality Ordinance, and Amending Section 29.20.720 to Add Implementation to Duties of the Building Official.
Gabrielle Whelan, Town Attorney, presented the staff report.
Mayor Hudes opened public comment.
No one spoke.
Mayor Hudes closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Ristow to introduce an ordinance amending section
06.20.020 (Buildings and Building Regulations) to add the definition of qualifying alterations in Attachment 1. Seconded by Council Member Badame.
VOTE: Motion passed unanimously.
After discussion, the following motion was made:
MOTION: Motion by Council Member Rennie to continue this item and look at what other cities are doing. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously.
20. Discuss Options for a New Annual Town Event for Fall 2025 and Provide Direction.
Monica Renn, Economic Vitality Manager, presented the staff report.
Mayor Hudes opened public comment.
No one spoke.
Mayor Hudes closed public comment.
Council discussed the item and provided direction to staff to return to the Council with a breakdown of staff resources for the different events; look at a scale of both Sunday and Saturday as options; options for an event at Town Plaza Park alongside the Farmer’s Market and as a standalone event, options to include the costs of staff time, road closures, and nonroad closures; provide a better estimate on the number of attendees.
ITEM NO. 4.
PAGE 7 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of December 17, 2024 DATE: December 17, 2024
21. Approve a Third Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Attorney and Authorize the Mayor to Execute the Amendment; Modify the Management Salary Schedule; and Authorize a Budget Adjustment in the Amount of $22,017.61 from Available General Fund Capital/Special Projects Reserve.
Cheryl Parkman, Human Resources Director, presented the staff report.
Mayor Hudes opened public comment.
No one spoke.
Mayor Hudes closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Badame to approve a Third Amendment to the Employment Agreement between the Town of Los Gatos and the Town Attorney and authorize the Mayor to execute the amendment; modify the Management Salary Schedule; and authorize a budget adjustment in the amount of $22,017.61 from available General Fund Capital/Special Projects Reserve. Seconded by Vice Mayor Moore.
VOTE: Motion passed unanimously.
22. Approve the Proposed Modifications to Town Council Policy 2-11 “Commission Appointments, Residency, and Attendance Requirements, and Establishing a Quorum” as Recommended by the Council Policy Committee. POLICY 2-11 Wendy Wood, Town Clerk, presented the staff report.
Mayor Hudes opened public comment.
No one spoke.
Mayor Hudes closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Moore to approve the proposed modifications to Town Council Policy 2-11 “Commission Appointments, Residency, and Attendance Requirements, and Establishing a Quorum” as recommended by the Council Policy Committee with the amendment of striking immediate family and the definition of immediate family, and replacing it with family member or loved one. Seconded by Council Member Rennie.
ITEM NO. 4.
PAGE 8 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of December 17, 2024 DATE: December 17, 2024
VOTE: Motion passed unanimously.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Rennie stated he attended a Valley Transportation Authority (VTA) Board meeting; met with John Callen from El Camino Hospital District; attended the Los Gatos in Lights event, the Children’s Holiday/Christmas Parade, the Santa Clara County Cities Association Holiday Gathering; met with incoming Saratoga Mayor; attended a Finance Commission meeting, a Silicon Valley Clean Energy Authority (SVCEA) Holiday Mixer and Panel Discussion, a SVCEA Board meeting; and met with a prospective Planning Commissioner.
- Vice Mayor Moore stated he attended the Los Gatos in Lights event, the Children’s Holiday/Christmas Parade, the Santa Clara County Cities Association Holiday event; held his monthly Council Member Community Coffee; attended the swearing-in of new Assemblymember Patric Ahrens, a West Valley Sanitation District Board meeting and Holiday Luncheon; met with community members, John Callen from El Camino Hospital District, a Los Gatos student, and a business owner.
- Council Member Ristow stated she attended the Tomorrow’s City/County Manager Forum, the Los Gatos in Lights event, the Children’s Holiday/Christmas Parade, the Santa Clara County Cities Association Holiday event; attended a Wreaths Across America event; met with residents and Council Members form Saratoga, Monte Sereno, and Cupertino. - Council Member Badame stated she attended the West Valley Mayors and Managers monthly meeting; met with the Executive Director of the West Valley Solid Waste Management Authority, the Town Manager and Parks and Public Works Director Nicolle Burnham; participated in a Ribbon Cutting for the 25th Anniversary of the Spa of Los Gatos, a Ribbon Cutting for La Vie MD Med Spa; participated in the Los Gatos in Lights event, Children’s Christmas Parade; met with John Callen from El Camino Hospital District; attended a Ribbon Cutting for Santa’s Workshop.
- Mayor Hudes stated he participated in all of the holiday events that were mentioned, a Finance Commission meeting, a Ribbon Cutting at Santa’s Workshop; observed the Diversity, Equity, and Inclusion (DEI) Commission meeting; attended a Wreaths Across America event; met with Assembly Member Gail Pellerin; commented on Commission appointments.
Town Manager Matters
- Announced the season of events has been completed; commended staff, volunteers, and partners for the Los Gatos in Lights and Christmas/Holiday Parade. - Announced Town Administrative Offices will be closed from December 24 – January 1. - Announced the Library will be closed December 23-25, December 30- January 1. - Announced Police and Emergency Response will be operating 24 hours a day.
ITEM NO. 4.
PAGE 9 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of December 17, 2024 DATE: December 17, 2024
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session to discuss an appointee performance evaluation and anticipated litigation and there is no reportable action.
The appointee performance evaluation will be continued to a date uncertain in January.
ADJOURNMENT
The meeting adjourned at 11:14 p.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk
ITEM NO. 4.
PREPARED BY: Eric Lemon
Finance and Accounting Manager
Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 01/21/2025
ITEM NO: 5
DATE: January 14, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Receive the Monthly Financial and Investment Report for November 2024 RECOMMENDATION:
Receive the monthly Financial and Investment Report for November 2024.
BACKGROUND:
California Government Code Section 41004 requires that the Town Treasurer submit to the Town Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Finance Director assumes the Town Treasurer role.
Attachment 1 contains the November 2024 monthly Financial and Investment Report which fulfills this requirement.
The November 2024 Monthly Financial and Investment Report was received by the Finance Commission at its January 13, 2025, special meeting.
DISCUSSION:
The November 2024 Monthly Financial and Investment Report includes a Fund Balance Schedule, representing estimated funding available for all funds at the beginning of the fiscal year and at the end of the respective month.
As operations fluctuate month to month, there are differences between balances in one month to balances in another. Such differences may be significant due to the type of activity in those months and the timing of any estimates used in the presentation based on the information available. This is demonstrated by the attached November 30, 2024, fund balance report.
ITEM NO. 5.
PAGE 2 OF 3
SUBJECT: Monthly Financial and Investment Report for November 2024 DATE: January 14, 2025
In the case that the differences are extraordinary and unanticipated, we will ensure we present more information to explain the differences.
The November 30, 2024, estimated fund balances differ from the October 31, 2024 estimated fund balances due to the normal day-to-day activity where revenue and expenditure activity in one month have a larger shift in one month from the other.
Please note that the amount in the Fund Schedule differs from the Portfolio Allocation and Treasurer’s Cash Fund Balances Summary schedule because assets and liabilities are components of the Fund Balance.
As illustrated in the summary below, Total Cash is adjusted by adding Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available.
As of November 30, 2024, the Town’s financial position (Assets $86.24M, Liabilities $29.20M, and Fund Equity $57.04M) remains strong and the Town has sufficient funds to meet the cash demands for the next six months.
As of November 30, 2024, the Town’s weighted portfolio yield for investments under management was 4.45% which was 3 basis points below the Local Agency Investment Fund (LAIF) yield of 4.48% for the same reporting period. As of October 31, 2024, the LAIF portfolio’s weighted average maturity (WAM) is 257 days versus the Town’s longer WAM of 676 days on November 30, 2024. The longer WAM for Town assets under management reflects the Town’s strategy to take advantage of higher yields associated with longer maturities balanced with shorter-term yields available on investments held with the State’s LAIF. The Town’s weighted average rate of return on investments under management of 4.45% at the close of November remained flat when compared to the October 31, 2024, investment report.
Since November 2023, LAIF yields have climbed from 384 basis points (3.84%) to 448 basis points (4.48%) through the end of November 2024. The State LAIF pool typically lags the market when current market yields are either increasing or decreasing.
After the rate change back in July of 2023, the Federal Open Market Committee (FOMC) did not change rates again until their September 18, 2024, meeting when they approved a 1/2
ITEM NO. 5.
PAGE 3 OF 3
SUBJECT: Monthly Financial and Investment Report for November 2024 DATE: January 14, 2025
percentage basis point decrease from 5.5% to 5.0%. Furthermore, on November 7, 2024, the Federal Reserve voted to approve an additional 1/4 basis point decrease from 5.0% to 4.75%.
The most recent change was at their December 2024 meeting when the Federal Reserve voted to approve another 1/4 basis point decrease from 4.75% to 4.50%. These changes support the Federal Open Market Committee’s goal to support maximum employment and bring year-toyear inflation to its targeted level of 2%.
The economy added only 12,000 jobs in October, less than the 100,000 the market expected and lowest since December 2020. However, the figure was significantly impacted by hurricanes Helene and Milton as well as industrial strikes. The unemployment rate remained at
4.1% and the labor force participation rate remained at 63%. Wage growth rose from 3.9% to 4%.
The Town's investments are in compliance with the Town's Investment Policy dated February 21, 2023, and are also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.
CONCLUSION:
Receive the Monthly Financial and Investment Report for November 2024.
Attachments:
1. Financial and Investment Report (November 2024)
ITEM NO. 5.
Weighted Average YTM Portfolio Yield on Investments
under Management 4.45%
Weighted Average Maturity (days) 676
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $69,393,525 $68,118,481 $65,687,227 Managed Investments $50,337,771
Local Agency Investment Fund $11,874,049
Reconciled Demand Deposit Balances $7,181,705
Portfolio Allocation & Treasurer's Cash Balances $69,393,525 Benchmarks/ References:
Town's Average Yield 4.45% 4.45% 4.20%
LAIF Yield for month 4.48% 4.52% 3.84%
3 mo. Treasury 4.49% 4.54% 5.40%
6 mo. Treasury 4.44% 4.46% 5.41%
2 yr. Treasury 4.15% 4.17% 4.68%
5 yr. Treasury (most recent) 4.05% 4.16% 4.27%
10 Yr. Treasury 4.17% 4.28% 4.33%
Town of Los Gatos
Summary Investment Information
November 30, 2024
0 - 1 year
35%
1 - 2 years
19%
2 - 3 years
22%
3 - 5 years
24%
Portfolio Maturity Profile
Compliance: The Town's investments are in compliance with the Town's investment policy dated February 21, 2023, and also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months. 1 ATTACHMENT 1 Page 24
ITEM NO. 5.
Month YTD
Cash & Investment Balances - Beginning of Month/Period $ 68,118,481.28 $ 81,368,409.88 Receipts 6,060,311.07 27,373,744.06
Disbursements (4,785,267.59) (39,348,629.18)
Cash & Investment Balances - End of Month/Period $69,393,524.76 $69,393,524.76 Portfolio Allocation Amount % of Portfolio
Max. % or $ Allowed
per State Law or Policy
BNY MM $438,736.64 0.71% 20% of Town Portfolio
US Treasury Notes $20,054,713.77 32.23% No Max. on US Treasuries Government Agency Debenture Notes $15,904,019.60 25.56% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $13,940,300.50 22.41% 30% of Town Portfolio Local Agency Investment Fund $11,874,049.16 19.09% $75 M per State Law Subtotal - Investments 62,211,819.67 100.00%
Reconciled Demand Deposit Balances 7,181,705.09
Total Portfolio Allocation & Treasurer's Cash Balances $69,393,524.76
0.0401
0.0388
Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
November 30, 2024
BNY MM
0.71%
US Treasury Notes
32.23%
Government Agency Debenture
Notes
25.56%
Corporate Medium Term Bonds
22.41%
Local Agency Investment Fund
19.09%
Portfolio Investment Allocation
$65.7 M $69.4 M
$0.0 M
$10.0 M
$20.0 M
$30.0 M
$40.0 M
$50.0 M
$60.0 M
$70.0 M
$80.0 M
$90.0 M
Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Treasurer's Fund Balances
2
ITEM NO. 5.
November 2024 November 2024 November 2024
Beginning Deposits Interest/ Ending
Balance Realized Gain/Adj. Earnings Withdrawals Balance Non-Treasury Funds:
Cert. of Participation 2002 Ser A Reserve Fund $ 694,631.85 $ - $ 2,555.66 $ - $ 697,187.51 Note 1 Cert. of Participation 2010 Ser Lease Payment Fund 972.95 - 3.93 - 976.88 Note 2 Cert. of Participation 2002 Ser A Lease Payment Fund 17,455.59 - 64.25 - 17,519.84 Note 1 Cert. of Participation 2010 Ser Reserve Fund 1,412,837.13 - 5,681.67 - 1,418,518.80 Note 2 Total Restricted Funds: $ 2,125,897.52 $ - $ 8,305.51 $ - $ 2,134,203.03 CEPPT IRS Section 115 Trust 2,267,568.84 - 40,212.73 - $ 2,307,781.57 Note 3 Grand Total COP's and CEPPT Trust $ 4,393,466.36 $ - $ 48,518.24 $ - $ 4,441,984.60 These accounts are not part of the Treasurer's fund balances reported elsewhere in this report, as they are for separate and distinct entities.
Note 1: The three original funds for the Certificates of Participation 2002 Series A consist of construction funds which will be expended over the next few years, reserve funds which will guarantee the payment of lease payments, and a third fund for the disbursement of lease payments and initial delivery costs.
Note 2: The 2010 COP Funds are all for the Library construction, reserves to guarantee lease payments, and a lease payment fund for the life of the COP issue. The COI fund was closed in September 2010.
Note 3: The CEPPT IRS Section 115 Trust was established as an irrevocable trust dedicated to accumulate resources to fund the Town's unfunded liabilities related to pension and other post employment benefits.
Town of Los Gatos
Non-Treasury Restricted Fund Balances
November 30, 2024
3
ITEM NO. 5.
July 2024 $ 247,221.75
August 2024 $ 212,684.25
September 2024 $ 265,151.31
October 2024 $ 234,237.63
November 2024 $ 227,312.31
December 2024 $ -
January 2025 $ -
February 2025 $ -
March 2025 $ -
April 2025 $ -
May 2025 $ -
June 2025 $ -
$ 1,186,607.25
Town of Los Gatos
Statement of Interest Earned
November 30, 2024
4
ITEM NO. 5.
Original Issue Market Value Maturity Yield to Interest Interest Interest Days Deposit Par Original (Discount) Market Above (Under) Purchased Date or Maturity Received Earned Earned to Institution CUSIP # Security Coupon Date Value Cost Premium Value Cost Interest Call Date or Call to Date Prior Yrs. Current FY Maturity Apple 037833DB3 Corporate Bond 2.90% 12/20/2022 1,300,000.00 1,228,591.00 (71,409.00) 1,253,538.00 24,947.00 6/21/2027 4.19% $ 65,137.22 $ 81,871.88 $ 22,448.74 933 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 (8,040.00) 982,250.00 (9,710.00) 1/1/2026 3.04% $ 64,750.00 $ 61,696.52 $ 13,562.60 397 US Treasury 912828ZW3 US Treasury Note 0.25% 8/9/2022 350,000.00 322,096.88 (27,903.12) 341,803.00 19,706.12 6/30/2025 3.16% $ 1,654.89 $ 19,915.08 $ 4,409.56 212 FFCB 3133EN5V8 Gov. Agency Debenture 4.13% 1/17/2023 236,000.00 239,174.20 3,174.20 235,542.16 (3,632.04) 1/11/2027 3.76% $ 14,440.25 $ 12,979.52 $ 3,746.92 772 US Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 (87,434.82) 763,688.00 51,122.82 3/31/2026 4.14% $ 12,000.00 $ 54,221.52 $ 12,982.62 486 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 939.60 898,551.00 (2,388.60) 9/30/2025 4.14% $ 76,500.00 $ 66,415.88 $ 15,902.39 304 JP Morgan Chase 46625HRS1 Corporate Bond 3.20% 9/23/2022 500,000.00 474,660.00 (25,340.00) 490,275.00 15,615.00 3/15/2026 4.70% $ 27,644.44 $ 41,217.45 $ 9,762.03 470 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 (97,047.60) 1,165,668.00 62,715.60 8/25/2025 3.04% $ 9,937.50 $ 71,445.55 $ 14,555.48 268 US Treasury 912828ZL7 US Treasury Note 0.38% 4/12/2022 1,700,000.00 1,583,927.57 (116,072.43) 1,672,018.00 88,090.43 4/30/2025 2.72% $ 16,254.49 $ 98,544.63 $ 18,613.99 151 FHLB 3130AQF65 Gov. Agency Debenture 1.25% 11/30/2022 1,300,000.00 1,160,559.40 (139,440.60) 1,228,006.00 67,446.60 12/21/2026 4.15% $ 25,322.92 $ 80,116.59 $ 21,207.33 751 FHLB 3130APJH9 Gov. Agency Debenture 1.00% 1/17/2023 1,000,000.00 907,010.00 (92,990.00) 958,270.00 51,260.00 10/28/2026 4.17% $ 18,354.17 $ 50,234.10 $ 14,501.54 697 FFCB 3133EN5N6 Gov. Agency Debenture 4.00% 2/8/2023 1,700,000.00 1,706,732.00 6,732.00 1,690,225.00 (16,507.00) 1/6/2028 3.91% $ 95,955.56 $ 92,733.76 $ 27,929.66 1132 Freddie Mac 3137EAEX3 Gov. Agency Debenture 0.38% 5/1/2023 750,000.00 689,032.50 (60,967.50) 726,135.00 37,102.50 9/23/2025 3.97% $ 3,921.87 $ 32,931.11 $ 11,827.37 297 American Honda 02665WED9 Corporate Bond 4.70% 5/11/2023 600,000.00 608,856.00 8,856.00 603,948.00 (4,908.00) 1/12/2028 4.34% $ 32,978.33 $ 29,982.05 $ 11,027.05 1138 US Treasury 91282CEF4 US Treasury Note 2.50% 6/9/2023 1,500,000.00 1,416,626.12 (83,373.88) 1,445,745.00 29,118.88 3/31/2027 4.09% $ 49,077.87 $ 62,956.31 $ 24,889.71 851 US Treasury 91282CGA3 US Treasury Note 4.00% 6/20/2023 2,100,000.00 2,080,558.59 (19,441.41) 2,092,503.00 11,944.41 12/15/2025 4.40% $ 82,852.46 $ 94,573.28 $ 38,483.28 380 Colgate-Palmolive 194162AR4 Corporate Bond 4.60% 7/14/2023 500,000.00 504,655.00 4,655.00 509,675.00 5,020.00 2/1/2028 4.37% $ 26,002.79 $ 21,195.52 $ 9,212.82 1158 FannieMae 3135G06G3 Gov. Agency Debenture 0.50% 7/14/2023 500,000.00 455,157.00 (44,843.00) 482,320.00 27,163.00 11/7/2025 4.63% $ 3,284.72 $ 21,047.01 $ 9,148.27 342 FFCB 3133EPQC2 Gov. Agency Debenture 4.63% 7/17/2023 500,000.00 501,957.50 1,957.50 502,945.00 987.50 7/17/2026 4.48% $ 23,125.00 $ 21,487.97 $ 9,420.23 594 FFCB 3133EPBM6 Gov. Agency Debenture 4.13% 7/14/2023 600,000.00 596,220.00 (3,780.00) 598,782.00 2,562.00 8/23/2027 4.29% $ 27,431.25 $ 24,754.94 $ 10,759.96 996 PNC Bank 69353RFJ2 Corporate Bond 3.25% 7/25/2023 1,000,000.00 921,490.00 (78,510.00) 962,450.00 40,960.00 12/23/2027 5.23% $ 32,229.17 $ 46,970.90 $ 21,074.92 1118 US Treasury 91282CFU0 US Treasury Note 4.13% 7/31/2023 1,300,000.00 1,290,660.60 (9,339.40) 1,300,507.00 9,846.40 10/31/2027 4.31% $ 67,031.25 $ 51,232.08 $ 23,398.53 1065 Toyota Motor Credit 89236TKL8 Corporate Bond 5.45% 8/25/2023 1,600,000.00 1,617,168.00 17,168.00 1,644,640.00 27,472.00 11/10/2027 5.16% $ 105,366.67 $ 70,599.88 $ 34,844.46 1075 US Treasury 912810FE3 US Treasury Note 5.50% 10/3/2023 1,200,000.00 1,238,207.14 38,207.14 1,260,564.00 22,356.86 8/15/2028 4.76% $ 57,211.96 $ 43,179.27 $ 24,377.96 1354 Pepsico Inc 713448DF2 Corporate Bond 2.85% 10/16/2023 1,000,000.00 947,570.00 (52,430.00) 981,830.00 34,260.00 11/24/2025 5.24% $ 24,383.33 $ 37,712.66 $ 22,364.48 359 FFCB 3133EPUW3 Gov. Agency Debenture 4.75% 10/13/2023 1,000,000.00 994,338.00 (5,662.00) 1,008,310.00 13,972.00 9/1/2026 4.96% $ 41,958.33 $ 35,367.82 $ 20,732.86 640 Freddie Mac 3137EAEP0 Gov. Agency Debenture 1.50% 10/13/2023 1,000,000.00 951,540.00 (48,460.00) 994,050.00 42,510.00 2/12/2025 5.32% $ 12,458.33 $ 36,644.18 $ 21,481.07 74 US Treasury 91282CEW7 US Treasury Note 3.25% 10/16/2023 1,000,000.00 950,039.06 (49,960.94) 978,710.00 28,670.94 6/30/2027 4.73% $ 22,961.96 $ 32,499.52 $ 19,272.97 942 US Treasury 91282CEN7 US Treasury Note 2.75% 10/31/2023 1,300,000.00 1,214,336.39 (85,663.61) 1,258,816.00 44,479.61 4/30/2027 4.82% $ 35,750.00 $ 40,101.59 $ 25,249.15 881 US Treasury 912828YV6 US Treasury Note 1.50% 11/15/2023 700,000.00 673,667.97 (26,332.03) 700,000.00 26,332.03 11/30/2024 5.26% $ 10,930.33 $ 22,316.65 $ 14,975.65 0 US Treasury 91282CAB7 US Treasury Note 0.25% 11/15/2023 675,000.00 623,900.39 (51,099.61) 656,781.75 32,881.36 7/31/2025 4.92% $ 1,196.84 $ 19,725.12 $ 13,236.59 243 US Treasury 91282CGU9 US Treasury Note 3.88% 11/30/2023 1,000,000.00 983,515.62 (16,484.38) 998,040.00 14,524.38 3/31/2025 5.17% $ 32,291.67 $ 29,822.81 $ 21,422.02 121 US Treasury 91282CCH2 US Treasury Note 1.25% 12/21/2023 900,000.00 798,647.55 (101,352.45) 814,644.00 15,996.45 6/30/2028 3.99% $ 5,930.71 $ 17,690.14 $ 14,096.83 1308 FNMA 3135G0Q22 Gov. Agency Debenture 1.88% 12/21/2023 900,000.00 845,676.00 (54,324.00) 864,180.00 18,504.00 9/24/2026 4.22% $ 12,796.88 $ 19,224.14 $ 15,319.24 663 US Treasury 91282CFB2 US Treasury Note 2.75% 1/2/2024 1,000,000.00 960,354.91 (39,645.09) 965,120.00 4,765.09 7/31/2027 3.95% $ 15,917.12 $ 19,025.75 $ 16,171.88 973 US Treasury 91282CHE4 US Treasury Note 3.63% 1/17/2024 1,800,000.00 1,775,185.72 (24,814.28) 1,771,164.00 (4,021.72) 5/31/2028 3.97% $ 56,692.63 $ 32,061.96 $ 29,730.18 1278 JP Morgan Chase 46647PDG8 Corporate Bond 4.85% 2/1/2024 1,400,000.00 1,396,528.00 (3,472.00) 1,402,520.00 5,992.00 7/25/2027 4.93% $ 32,825.10 $ 28,319.94 $ 28,886.34 967 US Bancorp 91159HJF8 Corporate Bond 4.55% 2/5/2024 1,000,000.00 989,200.00 (10,800.00) 995,140.00 5,940.00 7/22/2027 4.89% $ 21,097.67 $ 19,440.46 $ 20,372.53 964 Treasury 91282CHB0 US Treasury Note 3.63% 2/23/2024 1,175,000.00 1,151,962.92 (23,037.08) 1,164,577.75 12,614.83 5/15/2026 4.56% $ 30,892.17 $ 18,568.45 $ 22,195.10 531 FHLB 3130AXB31 Gov. Agency Debenture 4.88% 2/27/2024 1,000,000.00 1,003,060.00 3,060.00 1,006,710.00 3,650.00 3/13/2026 4.72% $ 27,354.17 $ 16,052.33 $ 19,806.50 468 FFCB 3133EP5U5 Gov. Agency Debenture 4.13% 3/28/2024 1,700,000.00 1,687,981.00 (12,019.00) 1,697,246.00 9,265.00 3/20/2029 4.28% $ 33,504.17 $ 18,681.03 $ 30,406.36 1571 US Treasury 9128285M8 US Treasury Note 3.13% 4/30/2024 1,200,000.00 1,123,832.14 (76,167.86) 1,157,256.00 33,423.86 11/15/2028 4.69% $ 20,295.34 $ 9,066.06 $ 22,739.47 1446 Cisco Systems 17275RBR2 Corporate Bond 4.85% 5/15/2024 1,000,000.00 999,130.00 (870.00) 1,016,030.00 16,900.00 1/26/2029 4.87% $ 13,606.94 $ 6,135.64 $ 20,407.66 1518 Home Depot 437076CW0 Corporate Bond 4.90% 5/17/2024 1,000,000.00 1,001,790.00 1,790.00 1,016,640.00 14,850.00 4/15/2029 4.86% $ 20,144.44 $ 5,862.95 $ 20,387.07 1597 Treasury 91282CJR3 US Treasury Note 3.75% 5/31/2024 1,200,000.00 1,154,629.02 (45,370.98) 1,183,548.00 28,918.98 12/31/2028 4.68% $ 3,708.79 $ 4,511.24 $ 23,007.35 1492 American Honda 02665WEY3 Corporate Bond 4.95% 6/27/2024 1,000,000.00 995,640.00 (4,360.00) 1,003,580.00 7,940.00 1/9/2026 5.25% $ 1,787.50 $ 430.16 $ 21,938.41 405 FHLB 3130B1BT3 Gov. Agency Debenture 4.88% 7/2/2024 1,150,000.00 1,150,966.00 966.00 1,159,234.50 8,268.50 8,720.83 6/12/2026 4.82% $ (8,720.83) $ - $ 22,987.53 559 Citibank 17325FBK3 Corporate Bond 4.84% 8/15/2024 1,250,000.00 1,263,062.50 13,062.50 1,257,387.50 (5,675.00) 1,511.88 7/6/2029 4.60% $ (1,511.88) $ - $ 16,945.71 1679 FNMA 3135G05Y5 Gov. Agency Debenture 0.75% 9/10/2024 1,100,000.00 1,010,724.00 (89,276.00) 1,002,232.00 (8,492.00) 10/8/2027 3.56% $ 641.67 $ - $ 8,270.14 1042 Subtotal $ 51,586,000.00 $ 49,899,033.87 $ (1,686,966.13) $ 50,863,795.66 $ 964,761.79 $ 10,232.71 $ 1,407,358.16 $ 1,721,563.43 $ 920,490.54 BNY MM Money Market 438,736.64 438,736.64 0.00 0.00% 1
LAIF State Investment Pool 11,874,049.16 11,898,522.57 24,473.41 4.48% 260,203.58 1 62,211,819.67 $63,201,054.87 $989,235.20 $10,232.71 $ 1,407,358.16 $ 1,721,563.43 $ 1,180,694.11 Matured Assets
FNMA 3135G0V75 Gov. Agency Debenture 1.75% 10/17/2019 1,100,000.00 1,105,833.30 5,833.30 7/2/2024 1.63% $ 90,956.25 $ 84,780.33 $ 98.70 Honeywell Int'l. 438516BW5 Corporate Bond 2.30% 11/20/2019 1,000,000.00 1,014,660.00 14,660.00 8/15/2024 1.64% $ 108,483.33 $ 91,844.87 $ 2,508.83 FFCB 3133EKQA7 Gov. Agency Debenture 2.08% 10/21/2019 1,000,000.00 1,019,780.00 19,780.00 9/10/2024 1.66% $ 101,631.11 $ 78,691.92 $ 3,305.61 Total Investments "Matured" $ 5,913.13
Total Interest FY 24_25 Matured and Current $ 1,186,607.25 Maturity Profile Amount Percent
0-1 year $ 20,873,417.76 34%
1-2 years $11,810,354.19 19%
2-3 years $14,070,181.68 23%
3-5 years $ 14,784,198.07 24%
$61,538,151.70 100%
Town of Los Gatos
Investment Schedule
November 30, 2024
5
ITEM NO. 5.
Date Cusip/Id Description Transaction Type Settlement Date Par Coupon Maturity Date Price Principal Interest Transaction
Total
11/4/2024 Cash-USD Cash-USD
SHORT TERM INVESTMENT
FUND INCOME 11/4/2024 1,159.84 0.00% 100.00 - - 1,159.84 11/7/2024 3135G06G3 FANNIE MAE 0.5% 07NOV2025 BOND INTEREST 11/7/2024 500,000.00 0.50% 11/7/2025 - - 1,250.00 1,250.00 11/12/2024 89236TKL8
TOYOTA MOTOR CREDIT CORP 5.45%
10NOV2027 BOND INTEREST 11/12/2024 1,600,000.00 5.45% 11/10/2027 - - 43,600.00 43,600.00 11/15/2024 91282CHB0 USA TREASURY 3.625% 15MAY2026 BOND INTEREST 11/15/2024 1,175,000.00 3.63% 5/15/2026 - - 21,296.88 21,296.88 11/15/2024 9128285M8 USA TREASURY 3.125% 15NOV2028 BOND INTEREST 11/15/2024 1,200,000.00 3.13% 11/15/2028 - - 18,750.00 18,750.00 Town of Los Gatos
Investment Transaction Detail
November 30, 2024
6
ITEM NO. 5.
Security Description Maturity Date Par/Shares S&P Rating Moody Rating Insight ESG Rating Environment Social Governance AMERICAN HONDA FINANCE 4.95% 09JAN2026 1/9/2026 $ 1,000,000 A- A3 3 3 3 3 PEPSICO INC 2.85% 24FEB2026 (CALLABLE 24NOV25) 2/24/2026 $ 1,000,000 A+ A1 2 2 2 3 HOME DEPOT INC. 3% 01APR2026 (CALLABLE 01JAN2026) 46113 $ 1,000,000 A A2 3 3 2 3 JPMORGAN CHASE & CO 3.2 15JUN2026 (CALLABLE 15MAR26) 46188 $ 500,000 A A1 3 1 3 4 APPLE INC. 2.9% 12SEP2027 (CALLABLE 12JUN27) 9/12/2027 $ 1,300,000 AA+ Aaa 5 1 4 5 TOYOTA MOTOR CREDIT CORP 5.45% 10NOV2027 11/10/2027 $ 1,600,000 A+ A1 3 2 3 4 AMERICAN HONDA FINANCE 4.7% 12JAN2028 1/12/2028 $ 600,000 A- A3 3 3 3 3 PNC BANK NA 3.25% 22JAN2028 (CALLABLE 01 FEB28) 1/22/2028 $ 1,000,000 A A2 3 2 3 3 COLGATE-PALMOLIVE CO 4.6% 01MAR2028 (CALLABLE 01FEB28) 3/1/2028 $ 500,000 A+ Aa3 3 2 3 3 US BANCORP 4.548% 22JUL2028 (CALLABLE 22JUL27) 7/222028 $ 1,000,000 A A3 4 3 4 4 JPMORGAN CHASE & CO 4.851% 25JUL2028 (CALLABLE 25JUL28) 7/25/2028 $ 1,400,000 A A1 3 1 3 4 CISCO INC. 4.85% 26FEB2029 (CALLABLE 26JAN2029) 2/26/2029 $ 1,000,000 AA- A1 2 1 4 3 HOME DEPOT INC. 4.9% 15APR2029 (CALLABLE 15MAR2029) 47223 $ 1,000,000 A A2 3 3 2 3 CITIBANK 4.838% 06AUG2029 (CALLABLE 06JUL2029) 8/6/2029 $ 1,250,000 A+ Aa3 3 1 3 4 Total/Average $ 14,150,000 3.1 2.0 3.0 3.5
*ESG ratings are from 1 to 5, with 1 as the highest rating and 5 as the lowest. All ratings are weighted by industry rankings, based on the importance of the category within the individual industry.
Town of Los Gatos
Insight ESG Ratings as of November 30, 2024
7
ITEM NO. 5.
Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out
GENERAL FUND
Non-Spendable:
Loans Receivable 159,000 - - - - - 159,000
Restricted Fund Balances:
Pension 2,188,659 - - - - - 2,188,659
Land Held for Resale 344,338 - - - - - 344,338
Committed Fund Balances:
Budget Stabilization 6,736,781 - - - - - 6,736,781
Catastrophic 6,736,781 - - - - - 6,736,781
Pension/OPEB 300,000 - - - - - 300,000
Measure G District Sales Tax 590,581 - - - - - 590,581
Assigned Fund Balances:
Open Space 410,000 - - - - - 410,000
Sustainability 140,553 - - - - - 140,553
Capital/Special Projects 8,651,059 - - - - - 8,651,059
Carryover Encumbrances 85,861 - - - - - 85,861
Compensated Absences 1,555,478 - - - - - 1,555,478
ERAF Risk Reserve 1,430,054 - - - - - 1,430,054
Market Fluctuations 1,712,246 - - - - - 1,712,246
Council Priorities - Economic Recovery 20,684 - - - - - 20,684 Unassigned Fund Balances:
111 Other Unassigned Fund Balance Reserve (Pre YE distribution) - (2,754,488) 5,233,166 (4,882,479) - - (2,403,801) General Fund Total 31,062,075 (2,754,488) 5,233,166 (4,882,479) - - 28,658,274 * Interfund transfers and Council Priorities/Economic Recovery funding allocation to be performed as part of the fiscal year end closing entries.
November 2024
Prior Year
Carryforward
7/1/2024*
Increase/
(Decrease)
July - October
Estimated Fund
Balance
11/30/2024*
8
ITEM NO. 5.
Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out
SPECIAL REVENUE
211/212 CDBG 166,653 - - - - - 166,653
222 Urban Runoff (NPDES) 754,134 (27,477) 13,641 (29,455) - - 710,843 231-236 Landscape & Lighting Districts 182,625 (5,176) - (4,577) - - 172,872 251 Los Gatos Theatre 171,035 118,177 9,922 (13,810) - - 285,324 711-716 Library Trusts 556,849 50,216 - (7,381) - - 599,684 Special Revenue Total 1,831,296 135,740 23,563 (55,223) - - 1,935,376
CAPITAL PROJECTS
411 GFAR - General Fund Appropriated Reserve 20,253,300 (12,163) 92,974 (333,184) - - 20,000,927 412 Community Center Development 866,281 - - - - - 866,281 421 Grant Funded Projects (2,563,503) 137,377 (3,903) (293,285) - - (2,723,314) 461-463 Storm Basin Projects 3,531,248 16,607 6,340 - - - 3,554,195 471 Traffic Mitigation Projects 509,491 - - - - - 509,491 472 Utility Undergrounding Projects 3,584,251 4,557 - - - - 3,588,808 481 Gas Tax Projects 1,928,167 418,418 164,433 - - - 2,511,018 Capital Projects Total 28,109,235 564,796 259,844 (626,469) - - 28,307,406
INTERNAL SERVICE FUNDS
611 Town General Liability 177,876 (1,326,978) - (165) - - (1,149,267) 612 Workers Compensation 586,246 (570,836) 4,060 - - - 19,470 621 Information Technology 2,523,347 (379,764) 5,602 (102,748) - - 2,046,437 631 Vehicle & Equipment Replacement 3,287,527 (192,327) - (181,027) - - 2,914,173 633 Facility Maintenance 960,526 (210,837) 24,836 (121,063) - - 653,462 Internal Service Funds Total 7,535,522 (2,680,742) 34,498 (405,003) - - 4,484,275 Trust/Agency
942 RDA Successor Agency (4,632,040) (1,713,620) - (2,051) - - (6,347,711) Trust/Agency Fund Total (4,632,040) (1,713,620) - (2,051) - - (6,347,711) Total Town 63,906,088 (6,448,314) 5,551,071 (5,971,225) - - 57,037,620 * Interfund transfers and Council Priorities/Economic Recovery funding allocation to be performed as part of the fiscal year end closing entries.
Deposit Accounts of Interest:
111-23541 General Plan Update deposit account balance $433,010.56 111-23521 BMP Housing deposit account balance $4,039,055.78 Prior Year
Carryforward
7/1/2024*
Increase/
(Decrease)
July - October
November 2024
Estimated Fund
Balance
11/30/2024*
9
ITEM NO. 5.
PREPARED BY: Erin M. Walters
Senior Planner
__________________________________________________________________________________________ Reviewed by: Assistant Town Manager, Town Attorney, and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 01/21/2025
ITEM NO: 6
DATE: January 16, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Granting an Appeal of a Planning Commission Decision to Approve an Architecture and Site Application for Construction of a SingleFamily Residence and Site Improvements Requiring a Grading Permit on Vacant Property Zoned R-1:8 and Remanding the Decision to the Planning Commission with Specific Direction. Located at 15411 National Avenue. APN 424-12-140. Architecture and Site Application S-23-033. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction. Property Owners: Vyankatesh and Ramya Muddada. Applicant: Jose Rama. Appellant:
Hellen Martinez. Project Planner: Erin Walters.
RECOMMENDATION:
Adopt a resolution (Attachment 1) granting an appeal of a Planning Commission decision to approve an Architecture and Site Application for the construction of a single-family residence and site improvements requiring a grading permit on vacant property zoned R-1:8 and remanding the decision to the Planning Commission with specific direction.
DISCUSSION:
On December 17, 2024, the Town Council directed staff to prepare a resolution granting the appeal of a decision of the Planning Commission and remanding the application back to the Planning Commission with specific direction, including the following:
1. Reduce the second floor massing;
2. The number, location, and species of the privacy trees shall be mutually agreed upon by the neighbors;
3. Work with the neighbors and Town staff to minimize and relocate windows to mitigate privacy impacts on the neighbors; and
4. Use obscure glass to address privacy at impacted locations.
ITEM NO. 6.
PAGE 2 OF 2
SUBJECT: 15411 National Avenue/S-23-033
DATE: January 16, 2025
The Council made the findings in accordance with Town Code section 29.20.275, that there was an error or abuse of discretion by the Planning Commission in approving the Architecture and Site application, because:
a. The Planning Commission’s decision was not supported by substantial evidence; b. The application does not comply with the Residential Design Guidelines, including Section 2.1 of the Residential Design Guidelines, which states residential development shall be similar in mass, bulk, and scale to the immediate neighborhood and consideration will be given to the existing FARs, residential square footages and lot size in the neighborhood, as described by Commissioner Barnett at the November 13, 2024, Planning Commission public hearing; and c. Staff’s recommended denial of the application.
The Council directed staff to return to the Town Council with an updated resolution.
Adoption of the attached resolution (Attachment 1) would finalize that decision.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to CEQA Guidelines Section 15303: New Construction.
FISCAL IMPACT:
None.
Attachments:
1. Draft Resolution Granting the Appeal and Remand the Application Back to the Planning Commission with Specific Direction
ITEM NO. 6.
Draft Resolution Adoption Date
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
APPROVING A REQUEST FOR CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE
AND SITE IMPROVEMENTS REQUIRING A GRADING PERMIT
ON VACANT PROPERTY ZONED R-1:8 AND
REMANDING THE APPLICATION BACK TO PLANNING COMMISSION
WITH SPECIFIC DIRECTION
APN 424-12-140
ARCHITECTURE AND SITE APPLICATION: S-23-033
PROPERTY LOCATION: 15411 NATIONAL AVENUE
APPELLANT: HELLEN MARTINEZ
PROPERTY OWNERS: VYANKATESH AND RAMYA MUDDADA
APPLICANT: JOSE RAMA
WHEREAS, on November 13, 2024, the Planning Commission held a public hearing and considered a request to construct a new single-family residence and site improvements requiring a grading permit on vacant property zoned R-1:8. The Planning Commission approved the Architecture and Site application subject to modified conditions of approval; WHEREAS, on November 25, 2024, the appellant, an interested person, filed a timely appeal of the decision of the Planning Commission approving the request for construction of a new single-family residence and site improvements requiring a grading permit on vacant property zoned R-1:8;
WHEREAS, this matter came before the Town Council for a public hearing on December 17, 2024, and was regularly noticed in conformance with State and Town law; and WHEREAS, the Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on December 17, 2024, along with any and all subsequent reports and materials prepared concerning this application; and
WHEREAS, the Town Council directed staff to prepare a resolution granting the appeal of a decision of the Planning Commission and remanding the application back to the Planning Commission with specific direction including the following:
1. Reduce the second floor massing;
Draft Resolution to be
modified by Town
Council deliberations
and direction.
ATTACHMENT 1
ITEM NO. 6.
Draft Resolution Adoption Date
2. The number, location, and species of the privacy trees shall be mutually agreed upon by the neighbors;
3. Work with the neighbors and Town staff to minimize and relocate windows to mitigate privacy impacts on the neighbors; and
4. Use obscure glass to address privacy at impacted locations.
WHEREAS, the Town Council directed staff to return to the Town Council with an updated resolution.
NOW, THEREFORE, BE IT RESOLVED:
In accordance with Town Code Section 29.20.275, the Town Council finds that:
1. There was an error or abuse of discretion by the Planning Commission in approving the Architecture and Site application, because:
a. The Planning Commission’s decision was not supported by substantial evidence; b. The application does not comply with the Residential Design Guidelines, including Section 2.1 of the Residential Design Guidelines, which states residential development shall be similar in mass, bulk, and scale to the immediate neighborhood and consideration will be given to the existing FARs, residential square footages and lot size in the neighborhood, as described by Commissioner Barnett at the November 13, 2024, Planning Commission public hearing; and c. Staff’s recommended denial of the application.
2. The appeal of the decision of the Planning Commission approval of a request for construction of a new single-family residence and site improvements requiring a grading permit on vacant property zoned R-1:8 is granted and the application has been remanded back to the Planning Commission with specific direction.
3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by Section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law.
ITEM NO. 6.
Draft Resolution Adoption Date
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 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. 6.
This Page
Intentionally
Left Blank
ITEM NO. 6.
PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 01/21/2025
ITEM NO: 7
DATE: January 9, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt An Ordinance Amending Section 06.20.020 (Buildings and Building Regulations) to Add the Definition of Qualifying Alterations.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Adding a Section 06.20.020, “Qualifying Alterations,” to Article II, “Administration of Codes,” of Chapter 6, “Buildings And Building Regulations,” of the Town Code to Add a Definition for “Qualifying Alterations.”
RECOMMENDATION:
Adopt an ordinance amending section 06.20.020 (buildings and building regulations) to add the definition of qualifying alterations.
BACKGROUND:
At the regular meeting of December 17, 2024, the Town Council held a public hearing to consider the introduction of an ordinance amending section 06.20.020 (buildings and building regulations) to add the definition of qualifying alterations. The Town Council voted unanimously to approve the introduction of the ordinance.
This ordinance is returning to the Town Council for final adoption. The ordinance will take effect 30 days after its adoption.
COORDINATION:
The Community Development Department coordinated with the Town Attorney’s Office in the preparation of this report.
ITEM NO. 7.
PAGE 2 OF 2
SUBJECT: Adopt Definition of Qualifying Alterations
DATE: January 9, 2025
FISCAL IMPACT:
The adoption of the ordinance defining “qualifying alterations” is not expected to have a significant fiscal impact. However, future implementation of NOx regulations may require additional resources for enforcement and compliance monitoring.
ENVIRONMENTAL ASSESSMENT:
Adopting this ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
Attachments:
1. Draft Ordinance Adding Definition of Qualifying Alterations
ITEM NO. 7.
1 of 2
Draft Ordinance Adoption Date
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS ADDING A SECTION 06.20.020, “QUALIFYING
ALTERATIONS,” TO ARTICLE II, “ADMINISTRATION OF
CODES,” OF CHAPTER 6, “BUILDINGS AND BUILDING
REGULATIONS,” OF THE TOWN CODE TO ADD A
DEFINITION FOR “QUALIFYING ALTERATIONS”
WHEREAS, the subject Ordinance will amend Section 06.20.020, “Building and Building Regulations,” of the Los Gatos Town Code to add a definition for “qualifying alterations” that are subject to new state Building Codes;
WHEREAS, this meeting was publicly noticed; and
WHEREAS, the proposed Ordinance is exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that there is no possibility that the proposed changes to the Town’s Municipal Code may have a significant effect on the environment;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Section 6.20.020, “Buildings and Building Regulations,” is added to Article II, “Administration of Codes,” of Chapter 6, “Buildings and Building Regulations,” to read as follows:
Chapter 6 – Buildings and Building Regulations
Article II – Administration of Codes
Section 6.20.020 – Qualifying Alterations.
Substantial renovations/alterations that include replacement of over 50 percent of the existing foundation for purposes other than a repair or reinforcement, as defined in California Existing Building Code, Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall meet the new construction requirements of California Code of Regulations, Title 24 as modified by the Town of Los Gatos.
If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the new construction requirements.
SECTION II. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or ATTACHMENT 1 Page 41
ITEM NO. 7.
2 of 2
Draft Ordinance Adoption Date
otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION III. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION IV. Publication.
In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
SECTION V. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
____________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 7.
PREPARED BY: Heather St. John
Senior Administrative Analyst
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: 8
DATE: January 9, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Accept Grant Funding From the Town’s Citizens Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) and Authorize Revenue and Expenditure Allocation to the Grant Program “4818” for Fiscal Year 2024/25
RECOMMENDATION:
Accept grant funding from the Town’s Citizens Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) and authorize revenue and expenditure allocation to the Grant Program “4818” for Fiscal Year 2024/25.
BACKGROUND:
In 1996, California legislation (Assembly Bill 3229) created the Citizens Options for Public Safety (COPS) program allocating $100,000,000 to local governments yearly for front-line law enforcement. These funds are to be distributed through an established local Supplemental Law Enforcement Services Fund (SLESF). State General Fund distribution to local law enforcement agencies is specifically intended for “front-line municipal police services.” COPS funds must be spent on personnel, equipment, or supplies and are not approved for public safety capital improvement or construction projects.
Other COPS funds requirements and restrictions include:
COPS funds shall be used to supplement, not supplant existing funding for law enforcement services.
COPS funds will be accounted for separately from other department funding. The Town Council shall approve the appropriation of COPS funds which authorizes that such funds can be expended by staff.
In addition, pursuant to AB 3229, the City of Monte Sereno also receives a share of the state
ITEM NO. 8.
PAGE 2 OF 3
SUBJECT: Accept grant funding from the Town’s Citizens Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) and authorize revenue and expenditure allocation for Fiscal Year 2024/25
DATE: January 9, 2025
SLESF funds ($100,000). The City of Monte Sereno is required by contractual agreement for law enforcement services to transfer those funds to the Town of Los Gatos within 30 days of receipt of the monies from the State of California. The contract stipulates that the Los GatosMonte Sereno Police Department will provide additional hours of traffic enforcement within the city limits of Monte Sereno in exchange for its portion of SLESF funds.
DISCUSSION:
This report recommends the use of SLESF funds continue in the spirit of the COPS program.
Staff recommends FY 2024/25 approval and allocation of SLESF funds to Grant Program “4818.” The department intends to utilize the funding for the following purposes:
$100,000 of SLESF funds are intended to provide supplementing training for frontline law enforcement officers: A portion of the funds will be used to enhance the training of police officers who are directly involved in day-to-day law enforcement activities. The remaining funds will be directed to purchasing equipment for technology integration specific to crime prevention and investigation: This includes software, applications, and possibly subscription services that enhance operational efficiency, improve communication, and enable enhanced data analysis, crime deterrent measures, or case management. The goal is to leverage equipment integration of modern technology that can improve public safety and overall service delivery. $100,000 of SLESF funds will be directed toward the contractually required traffic enforcement within the city limits of Monte Sereno
FISCAL IMPACT:
If Council approves the proposed recommendation, the Town will continue to receive a combined total of $200,000 in SLESF funding. Per contract stipulation with the City of Monte Sereno, $100,000 of SLESF funds will be directed toward additional traffic enforcement within the city limits of Monte Sereno. The remaining $100,000 of Town SLESF funds will be redirected toward frontline police operations and services as described above.
The allocation of SLESF funds will be maintained in an annual grant program in the FY 2024/25 Police Department Operating Budget with a corresponding revenue and expenditure line to manage the funds. This ensures the funds are appropriately tracked, with the revenue deposited into the COPS/SLESF grant program. The current grant program allocates an annual minimum of $100,000 for front-line law enforcement operations.
ITEM NO. 8.
PAGE 3 OF 3
SUBJECT: Accept grant funding from the Town’s Citizens Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) and authorize revenue and expenditure allocation for Fiscal Year 2024/25
DATE: January 9, 2025
After the initial disbursement of funds to participating jurisdictions, any additional growth funds are distributed by the County of Santa Clara to participating jurisdictions. The Town has an unencumbered carryover balance of additional growth disbursement payments of approximately $86,158 from FY 2023/24, which must be expended within two fiscal years. The funds are currently in Pass-Through Program “4999” but will be reclassified into Grant Program “4818”.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ITEM NO. 8.
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: 9
DATE: January 16, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services with Sequoia Ecological Consulting Inc. to Increase the Contract Amount by $6,440 for an Adjusted Contract Amount Not to Exceed $237,795 for Vegetation Management – Townwide Open Spaces Project (CIP No. 832-4508)
RECOMMENDATION:
Authorize the Town Manager to execute a Second Amendment (Attachment 1) to the Agreement for Services with Sequoia Ecological Consulting, Inc. (Sequoia) to increase the Contract Amount by $6,440 for an adjusted contract amount not to exceed $237,795 for Vegetation Management – Townwide Open Spaces Project (CIP No. 832-4508).
BACKGROUND:
On August 6, 2024, the Town Council authorized the Town Manager to execute an agreement with Sequoia in the amount of $181,165 to provide environmental management and compliance services for vegetation management in Town owned open space areas.
On October 15, 2024, the Town Council authorized the Town Manager to execute the First Amendment to the agreement to amend the scope of services and increase the compensation to $231,355.
DISCUSSION:
Sequoia continues to support staff in addressing the extensive environmental requirements associated with wildfire risk reduction in town open spaces. As work has progressed, additional requirements of the California Department of Fish and Wildlife (CDFW) have been identified.
This second contract amendment documents the scope of services associated with addressing
ITEM NO. 9.
PAGE 2 OF 3
SUBJECT: Authorize Second Amendment to Agreement for Services with Sequoia Ecological Inc.
DATE: January 16, 2025
the CDFW comments and increases the contract amount by $6,440 to cover the cost of the additional services.
CONCLUSION:
Approving this amendment will allow Sequoia to support staff in implementing the open space vegetation management/wildfire risk reduction work that is planned for spring 2025.
FISCAL IMPACT:
The fiscal table below reflects the budget for Phase 2 of this project, including the requested FEMA Hazard Mitigation Grant Program funds.
Budget Costs
Phase 2 - Source of Funds
GFAR $ 530,448
FEMA Hazard Mitigation Grant $ 1,627,320
Total Budget $ 2,157,768
Costs
Phase 2 - Expenditures
Previously Authorized Consultant Services Agreement with Sequoia Ecological Consulting $ 231,355
Second Amendment to Consultant Services Agreement with
Sequoia Ecological Consulting (Requested with this Staff Report) $ 6,440
Contractor Services for Vegetation Management (Authorized 10- 15-24) $ 1,513,712
Contractor Services 20% Contingency for Vegetation
Management (Authorized on 10-15-24) $ 302,742
Total Expenditures $ 2,054,249
Total Project Balance $ 103,518
Vegetation Management - Town-wide
CIP No. 832-4508
ITEM NO. 9.
PAGE 3 OF 3
SUBJECT: Authorize Second Amendment to Agreement for Services with Sequoia Ecological Inc.
DATE: January 16, 2025
ENVIRONMENTAL ASSESSMENT:
The Project Specific Analysis and Addendum concluded that all the effects of the proposed project: (a) have been covered in the CalVTP PEIR; and (b) all applicable Standard Project Requirements and mitigation measures identified in the CalVTP PEIR will be implemented.
The proposed project is, therefore, within the scope of the CalVTP PEIR. A Notice of Determination has been submitted to the County of Santa Clara.
Attachments:
1. Second Amendment to Agreement for Consulting Services with Sequoia Ecological Consulting Inc., including Exhibit A – Additional Services Scope, and Exhibit B – First Amendment plus Original Agreement and Scope of Services
ITEM NO. 9.
Second Amendment to Agreement for Consultant Services
Sequoia Ecological Consulting, Inc.
AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT is dated for identification this 21st day of January 2025 and amends that certain First Amendment to Agreement for Consultant Services dated October 15, 2024, made by and between the Town of Los Gatos, ("Town,") and the Sequoia Ecological Consulting, Inc. (“Consultant”) identified as an S Corporation and whose address is 1342 Creekside Drive Walnut Creek, CA 94596.
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on August 6, 2024, (“Agreement”), a First Amendment to Agreement for Consultant Services on October 15, 2024, copies of which is attached hereto and incorporated by reference as Exhibit B to this Amendment.
B. Town desires to amend the Agreement to provide additional services and to add to the compensation as described in Exhibit A of this amendment.
AMENDMENT
1. Section 2.1 Scope of Services is amended to add the services in Exhibit A of this amendment.
2. Section 2.6 Compensation is amended to increase by $6,440 for a total amount not to exceed $237, 795, inclusive of all costs.
Payment shall be based upon Town approval of each task based on Exhibit A.
3. All other terms and conditions of the Agreement remain in full force and effect.
ITEM NO. 9.
1342 Creekside Drive Walnut Creek, CA 94596 925.855.5500 www.sequoiaeco.com Date: December 23, 2024
To: Nicolle Burnham
Parks and Public Works Director
Town of Los Gatos
110 E. Main St.
Los Gatos, CA 95030
From: Kyle Verblaauw| Biologist – Project Manager
Tel. (201) 787-1738 | [email protected]
Sequoia Ecological Consulting, Inc.
DIR #1000022497 | DBE #40492 (CUCP/CA DOT) | SBE #1790596 (CA DGS) RE: Scope of Work and Cost Estimate for California Department of Fish Wildlife Consultation Memorandum for the Los Gatos Vegetation Management Project Section 1. Cost Estimate
Sequoia anticipates providing services on a time and material (T&M) cost basis. The estimated costs for the scope of work and assumptions provided in Sections 2 and 3 below.
TASK 1. CDFW COMMENT MEMORANDUM PREPARATION
Task Cost Type Bid Item Total
Cost
1. CDFW Comment Memorandum Preparation T&M $6,440
Section 2. General Assumptions
Assumes one round of client edits.
Cost estimate does not include coordination or communication with any regulatory agencies, outside consultants, or other entities. These services can be provided under an amended scope as requested.
Sequoia will not edit or provide any addenda to the Project Specific Analysis (PSA) document.
EXHIBIT A
ITEM NO. 9.
Sequoia Ecological Consulting Scope and Quote
Los Gatos Vegetation Management Project
December 23, 2024
Page
2 of 2
Section 3. Scope of Work
Sequoia will continue to support the Los Gatos Vegetation Management Project by developing a memorandum addressing the comments provided by the California Department of Fish and Wildlife (CDFW) during the PSA review process. Sequoia will prepare the memorandum directly acknowledging and/or addressing all CDFW comments and provide a draft to the Town of Los Gatos for review and comments prior to submittal to the California Board of Forestry for filing. Development of the memorandum may include additional research and/or mapping to adequately address CDFW comments.
Closing
Sequoia carries commercial auto, general liability, workers compensation, and professional liability insurance, and can provide a waiver of subrogation.
If you have any questions regarding our scope of work and cost estimate, or if we may be of further assistance, please do not hesitate to contact me directly. We look forward to supporting you on this project.
Sincerely,
Kyle Verblaauw | Biologist, Project Manager
Sequoia Ecological Consulting, Inc.
Mobile: 201.787.1738 | Main: 925.855.5500 ǀ Fax: 510.439.1104 [email protected]
www.sequoiaeco.com
ITEM NO. 9.
www.sequoiaeco.com
SEQUOIA ECOLOGICAL CONSULTING, INC.
2024 HOURLY RATE SCHEDULE
Environmental Services
Field Technician 1 $90
Field Technician 2 $105
Field Technician 3 $115
Staff Biologist 1 $120
Staff Biologist 2 $125
Staff Biologist 3 $130
Associate Biologist 1 $135
Associate Biologist 2 $140
Associate Biologist 3 $145
Project Biologist 1 $150
Project Biologist 2 $155
Project Biologist 3 $160
Resource Specialist 1 $165
Resource Specialist 2 $170
Resource Specialist 3 $175
Senior (Sr.) Biologist 1 $180
Sr. Biologist 2 $185
Sr. Biologist 3 $190
Sr. Scientist 1 $200
Sr. Scientist 2 $210
Sr. Scientist 3 $220
Sr. Technical Specialist 1 $230
Sr. Technical Specialist 2 $240
Sr. Technical Specialist 3 $250
Sr. Regulatory Specialist 1 $260
Sr. Regulatory Specialist 2 $270
Sr. Regulatory Specialist 3 $280
Env. Project Management
Assistant Project Manager 1 $165
Assistant Project Manager 2 $170
Assistant Project Manager 3 $175
Project Manager 1 $180
Project Manager 2 $185
Project Manager 3 $190
Project Manager 4 $200
Project Manager 5 $210
Project Manager 6 $220
Sr. Project Manager 1 $230
Sr. Project Manager 2 $240
Sr. Project Manager 3 $250
Program Manager 1 $260
Program Manager 2 $270
Program Manager 3 $280
Principal 1 $290
Principal 2 $300
Principal 3 $310
Sr. Principal 1 $320
Sr. Principal 2 $330
Sr. Principal 3 $340
Botanist/Arborist Services
Botanist/Arborist 1 $135
Botanist/Arborist 2 $150
Botanist/Arborist 3 $165
Sr. Botanist/Arborist 1 $185
Sr. Botanist/Arborist 2 $200
Sr. Botanist/Arborist 3 $215
Administrative Support Services
Clerical $110
Project Administrator $135
Technical Editor 1 $150
Technical Editor 2 $160
Technical Editor 3 $170
Senior Technical Editor $195
Geographic Information Services (GIS)
GIS Technician 1 $135
GIS Technician 2 $145
GIS Technician 3 $155
GIS Analyst 1 $165
GIS Analyst 2 $175
GIS Analyst 3 $185
GIS Project Manager 1 $200
GIS Project Manager 2 $210
GIS Project Manager 3 $220
GIS Specialist 1 $230
GIS Specialist 2 $240
GIS Specialist 3 $250
GIS Program Manager 1 $260
GIS Program Manager 2 $270
GIS Program Manager 3 $280
Other Direct Costs
Regular Vehicle (GSA Rate) $0.67/mile
Submeter GPS $100/day
UTV and Trailer $95/day
Fleet Vehicle $95/day
iPad $10/day
Wildlife Remote Camera $20/ day
Acoustic Bat Monitor $35/day
Kayak Kit $75/day
Survey Flashlight (Streamlight) $12.50/day
Aquatic Survey Sampling Kit $25/person/day
Drone/sUAS $250/day
Wetsuit $70/week
Drysuit $195/week
YSI ProDSS Water Quality Meter $125/day
Notes on Expense Reimbursement/Other:
1. Computer, facsimile, and telephone are included in the billing rates, and there is no additional charge.
2. Reproduction, equipment, and other direct expenses are reimbursed at cost plus a 15% administrative handling charge (excluding mileage).
3. Subconsultants will be billed at their indicated rate plus a 15% administrative handling charge; or the Sequoia labor category commensurate with their role.
4. Depending upon location, Per Diem may be charged where overnight stays are required.
5. Weekly or monthly equipment rates at a reduced amount may be available on a contract-specific basis.
6. Expert Witness Testimony, including Depositions, is billed at the time and half.
7. Non-standard invoice processing will be billed atstandard hourly rates for support personnel.
8. Sequoia will review our hourly rates annually and may choose to escalate our rate sheet depending on changes to the cost- of living- index and other factors.
9. Hours beyond 8 hours per day are charged at an overtime rate of 1.5 times our standard hourly ratesfor qualifying personnel.
To comply with California Labor Code 512 and California Code of Regulations 11040, if on-site conditions prohibit personnel from taking required breaks, one additional hour of time will be billed per day for qualifying staff covered under the regulations.
ITEM NO. 9.
Second Amendment to Agreement for Consultant Services
Sequoia Ecological Consulting, Inc.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: Sequoia Ecological Consulting, Inc. by:
_______________________________ ______________________________ Chris Constantin, Town Manager Debie Montana, Chief Executive Officer
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
ITEM NO. 9.
Amendment 1 to Agreement of Consultant Services with Sequoia Environmental Consulting
AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT is dated for identification this 15th day of October, 2024 and amends that certain Agreement for Consultant Services dated August 6, 2024, made by and between the Town of Los Gatos, ("Town,") and Sequoia Consulting Group (“Consultant”), identified as an S Corporation and whose address is 1342 Creekside Drive, Walnut Creek, CA 94596
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on August 6, 2024, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit B to this Amendment.
B. Town desires to amend the Agreement to provide additional environmental consulting services that are required to comply with state and federal environmental laws.
AMENDMENT
1. Section 2.1 Scope of Services is amended to add the services in Exhibit A of this amendment.
2. Section 2.6 Compensation: Compensation for services is amended to increase by $1,000 to correct a discrepancy in the original agreement* and to add $49,190 for a total amount not to exceed $231,355, inclusive of all costs. Payment shall be based upon Town approval of each task and fees for each task shall not be exceeded without written authorization from the Town.
3. All other terms and conditions of the Agreement remain in full force and effect. *The original agreement was executed for a base price of $181,165. The Proposal Price Sheet submitted by Consultant (See page 70 or 96 of the original agreement) included six lines items with a total value of $182,165. This amendment adjusts the original agreement base price to coincide with the bid proposal submitted by Sequoia.
Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5
EXHIBIT B
ITEM NO. 9.
Amendment 1 to Agreement of Consultant Services with Sequoia Environmental Consulting IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: Approved as to Consent:
_______________________________ ______________________________ Katy Nomura, Interim Town Manager Will Johnson, Program Manager Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5 10/21/2024
10/22/2024
10/24/2024
10/24/2024
ITEM NO. 9.
1342 Creekside Drive Walnut Creek, CA 94596 925.855.5500 www.sequoiaeco.com Date:
To:
From:
RE:
September 17, 2024
Nicolle Burnham
Director
Town of Los Gatos – Parks and Public Works
41 Miles Avenue
Los Gatos, CA 95030
Will Johnson, M.S.
Climate Resiliency & Restoration Program Manager
Sequoia Ecological Consulting, Inc.
Town of Los Gatos Vegetation Management Plan Project Specific Analysis (PSA) Additional Scope – September 2024
Scope of Work
Task 1: Perform Additional Project Coordination
Sequoia will provide additional hours of project management time to successfully submit the Town of Los Gatos (Town) Vegetation Management Plan (VMP) PSA, implement and coordinate necessary survey efforts, and generally guide the process beyond those efforts originally outlined in the base scope of work.
Assumptions:
Budget assumes 10 additional meetings than what is covered in the base scope. Weekly meetings will be one (1) hour and virtual. Both the Program Manager and Project Manager will attend the meetings.
Task 2: Prepare Notice of Determination & Assist in Submitting Project PSA Sequoia will review all previously created PSA materials for completeness and compliance, and then assist the Town in packaging and submitting them to the Board of Forestry and CAL FIRE. Sequoia will prepare a Notice of Determination (NOD) in accordance with Section 15094 of the California Environmental Quality Act (CEQA) Guidelines. The Town will need to file the NOD with the County Clerk.
Sequoia will attend a site visit of the project sites with California Department of Fish and Wildlife (CDFW), U.S. Fish and Wildlife Service (USFWS), and the Town if requested. Costs have been included for this one (1) field meeting for the Program Manager and Project Manager (if a field meeting is necessary).
EXHIBIT A
Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5
ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal
Town of Los Gatos Vegetation Management Plan PSA
September 17, 2024
Page
2 of 6
Deliverables:
Assist in delivering the Project Specific Analysis (PSA) for the Town of Los Gatos VMP to the Board of Forestry and CAL FIRE.
Notice of Determination in PDF format.
Assumptions:
The Town will provide all relevant materials associated with the PSA, including GIS shapefiles, drafts, forms and other materials that were generated by the previous environmental consulting firm for the PSA effort.
We assume materials have been proof-checked and that agencies have been previously consulted on the content and elements. We do not assume any level of effort for edits, revisions or changes to the PSA. Additional efforts to make edits or revisions will be scoped separately.
The Town will provide applicable NOD filing fees via a reimbursable expense on Sequoia’s invoice.
Task 3: Perform Rare Plant Surveys per California Vegetation Treatment Program (CalVTP) Specific Project Requirement (SPR) BIO-7
Sequoia will review findings from the PSA reconnaissance surveys previously conducted (2023) to effectively eliminate unsuitable habitat for species and plants that will not require further analysis. This could lead to a potentially smaller survey area and effort for rare plant surveys. This could also identify areas that the Town’s contractor can effectively begin work in during the fall/winter 2024 season, after pre-treatment surveys have been completed. Otherwise, in suitable habitat areas, per the CalVTP, Sequoia understand bloom-period appropriate rare plant surveys for rare species anticipated to occur must occur prior to treatment efforts.
Per the CalVTP, Sequoia understands that if target special-status species is an herbaceous annual, stump-sprouting, or geophyte species, the treatment may be carried out during the dormant season for that species, or when the species has completed its annual lifecycle without conducting presence/absence surveys provided the treatment will not alter habitat or destroy seeds, stumps, or roots, rhizomes, bulbs and other underground parts in a way that would make it unsuitable for the target species to reestablish following treatment. Therefore, it may be possible to reduce survey efforts pending evaluation of species occurrence, phenology, and PSA treatment methods (excavation/disturbance vs. light-on-land approach).
Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5
ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal
Town of Los Gatos Vegetation Management Plan PSA
September 17, 2024
Page
3 of 6
A Sequoia botanist will perform a protocol-level survey following California Department of Fish and Wildlife (CDFW) Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities” (current version dated March 20, 2018) of the treatment area for sensitive natural communities and sensitive habitats. Sensitive natural communities will be identified using the best means possible, including keying them out using the most current edition of A Manual of California Vegetation (including updated natural communities data at http://vegetation.cnps.org/), or referring to relevant reports (e.g., reports found on the VegCAMP website). Surveys will be conducted in a manner which maximizes the likelihood of locating special status plants and sensitive natural communities. They will be floristic in nature meaning that every plant taxon that occurs is identified to the taxonomic level necessary to determine rarity and listing status.
The extent of the survey may include adjacent or adjoining properties where project effects could occur – it is important to not restrict surveys to known locations of special status plants. Surveys will consist of walking through both the survey areas and as much of the treatment areas as possible.
Parallel survey transects may be necessary to ensure thorough survey coverage in some habitats.
Sequoia will identify plants in the field. If any special status plants or sensitive natural communities are found during these surveys, Sequoia will flag and map them using a combination of methods including ArcGIS Field Maps, CalFlora Weed Observer, and/or another GPS mapping software (e.g., Avenza).
Sequoia will take detailed notes and record all information as required by CDFW protocols (e.g., location description, site-specific characteristics, number of individuals, percentage of each special status plant and associated life stage characteristics, density of special status plants and digital images of special status plants and sensitive natural communities).
The botanist will map and digitally record, using a Global Positioning System (GPS), the limits of any potential sensitive habitat and sensitive natural community identified in the treatment area.
Deliverables:
Sequoia will summarize results from the completed surveys. A separate report will not be generated. The team will follow CDFW protocols and will submit all required documentation to the CDFW as required.
Assumptions:
The Town will provide Sequoia with geodata of Project and survey areas as GIS Shapefile or Google Earth .kmz file, including the following layers: treatment area boundaries with roads and trails, treatment area habitat types, and any other relevant GIS products associated with the development of the PSA in general.
Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5
ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal
Town of Los Gatos Vegetation Management Plan PSA
September 17, 2024
Page
4 of 6
Task 4: Perform Pre-field Research and Archaeological Surveys per SPR CUL-1 through SPR CUL-5 & SPR CUL-8
Sequoia’s cultural resource sub-consultant Montrose will perform CalVTP Programmatic EIR Standard Project Requirements (SPRs) CUL-1 through CUL-5 and SPR CUL-8 including: records search, pre-field research, an archaeological survey, coordination with Native American groups (already included under base scope; this cost omitted from this additional work proposal), worker training to recognize sensitive cultural resources (if necessary, already included in base scope), and avoiding or protecting known resources.
Montrose will conduct pre-field research and conduct a site-specific survey of the treatment area. The purpose of pre-field research is to inform survey design, based on the types of resources likely to be encountered within the treatment area, and to be prepared to interpret, record and evaluate these findings within the context of local history and prehistory. Pre-field research includes reviewing records, studying maps, reading pertinent ethnographic, archaeological and historical literature specific to the area. The survey methodology (e.g., pedestrian survey, subsurface investigation) depends on whether the area has a low, moderate, or high sensitivity for resources, which is based on whether the records search, pre-field research, and/or Native American consultation identifies archaeological or historical resources near or within the treatment area. A survey report will be completed for every cultural resource survey completed.
A record search at the Northwest Information Center, Sonoma State University, will be requested that includes the treatment areas and a quarter-mile buffer. Montrose will submit a Sacred Lands Request to the Native American Heritage Commission (NAHC) for a list of local tribes and, upon receipt, draft a contact letter for Sequoia and the Town for review. The final letter will be sent to each contact requesting information on Tribal Cultural Resources, if any, that may be impacted by project actions.
Montrose will send the letters via the U.S. mail with a certified return receipt, and also email the letter to each tribal contact. Follow-up emails will be sent approximately two weeks later.
In accordance with SPR CUL-4 (Archaeological Surveys) of the CalVTP EIR, Montrose archaeological staff will conduct archaeological surveys of proposed treatment areas. The current fuel reduction treatments cover approximately 194 acres. The record search and Native American consultation process will help to determine which areas have a low, moderate, or high sensitivity for resources and dictate the appropriate survey methodology (e.g., more intensive survey or more cursory inspection). Slope percentage and distance to water sources will be used to adjust field efforts, depending on a modeled probability of encountering archaeological deposits. Field staff will use GPS devices and ESRI Field Maps to accurately record any cultural resources encountered. Location maps and sketch maps associated with the forms will utilize ArcGIS Pro software and Adobe Illustrator, as needed. A Cultural Resources Assessment Report will be prepared to report the methods and findings of the study.
Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5
ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal
Town of Los Gatos Vegetation Management Plan PSA
September 17, 2024
Page
5 of 6
Deliverables:
Report(s) summarizing results from archaeological survey. Draft and final tribal contact letters (electronic only).
Assumptions:
The Town will provide all relevant materials associated with the PSA, including GIS shapefiles, drafts, forms and other materials that were generated by the previous environmental consulting firm for the PSA effort.
Montrose will respond to one round of comments on the draft letter from the Town. Up to one virtual meeting with any Tribe requesting consultation on Tribal Cultural Resources.
No more than 4 pre-contact or post-contact archaeological sites will be identified and recorded using California Department of Parks and Recreation (DPR) Primary Record standards. Two days in the field is expected for two archaeologists. Montrose will respond to one round of comments on the draft Cultural Resources Assessment Report from Sequoia and one from the Town.
No isolated object will be recorded. Refuse scatters will be recorded if they contain more than 6 cans or bottles within a 100-meter square area. No built environment element will be recorded; all such resources are assumed to be avoided by project actions.
No cultural resources will be evaluated for significance under the California Register of Historical Resources (CRHR)1 criteria as part of this scope of work. It is assumed all identified archaeological resources and built environment features or structures will be avoided by project actions. Any potentially eligible historical resource that cannot be avoided will require additional scope and costs to evaluate under CRHR criteria.
Cost
Sequoia anticipates providing services as not-to-exceed total amounts, on a time-and-materials basis using established rates. The estimated costs for the scope of work outlined above are as follows:
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal
Town of Los Gatos Vegetation Management Plan PSA
September 17, 2024
Page
6 of 6
Task Cost
Task 1. Additional Project Coordination $ 4,195
Task 2. Prepare Notice of Determination & Assist in Submitting PSA $ 4,846 Task 3. Rare Plant Surveys per SPR BIO-7 $ 9,087
Task 4. Perform Pre-field Research and Archaeological Surveys per SPR CUL-1 through SPR CUL-5 & SPR CUL-8 $ 31,062
TOTAL $ 49,190
Sincerely,
Will Johnson | Climate Resiliency & Restoration Program Manager Mobile: (707) 889-3678
Main: 925.855.5500
[email protected]
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ITEM NO. 9.
2024-2028
HOURLY RATE SCHEDULE
Environmental Services 2024 2025 2026 2027 2028 Env. Project Mgm’t. 2024 2025 2026 2027 2028 Field Technician 1 $90 $95 $99 $104 $109 Assistant Project Manager 1 $165 $173 $182 $191 $201 Field Technician 2 $105 $110 $116 $122 $128 Assistant Project Manager 2 $170 $179 $187 $197 $207 Field Technician 3 $115 $121 $127 $133 $140 Assistant Project Manager 3 $175 $184 $193 $203 $213 Staff Biologist 1 $120 $126 $132 $139 $146 Project Manager 1 $180 $189 $198 $208 $219 Staff Biologist 2 $125 $131 $138 $145 $152 Project Manager 2 $185 $194 $204 $214 $225 Staff Biologist 3 $130 $137 $143 $150 $158 Project Manager 3 $190 $200 $209 $220 $231 Associate Biologist 1 $135 $142 $149 $156 $164 Project Manager 4 $200 $210 $221 $232 $243 Associate Biologist 2 $140 $147 $154 $162 $170 Project Manager 5 $210 $221 $232 $243 $255 Associate Biologist 3 $145 $152 $160 $168 $176 Project Manager 6 $220 $231 $243 $255 $267 Project Biologist 1 $150 $158 $165 $174 $182 Senior Project Manager 1 $230 $242 $254 $266 $280 Project Biologist 2 $155 $163 $171 $179 $188 Senior Project Manager 2 $240 $252 $265 $278 $292 Project Biologist 3 $160 $168 $176 $185 $194 Senior Project Manager 3 $250 $263 $276 $289 $304 Resource Specialist 1 $165 $173 $182 $191 $201 Program Manager 1 $260 $273 $287 $301 $316 Resource Specialist 2 $170 $179 $187 $197 $207 Program Manager 2 $270 $284 $298 $313 $328 Resource Specialist 3 $175 $184 $193 $203 $213 Program Manager 3 $280 $294 $309 $324 $340 Senior (Sr.) Biologist 1 $180 $189 $198 $208 $219 Principal 1 $290 $305 $320 $336 $352 Sr. Biologist 2 $185 $194 $204 $214 $225 Principal 2 $300 $315 $331 $347 $365 Sr. Biologist 3 $190 $200 $209 $220 $231 Principal 3 $310 $326 $342 $359 $377 Sr. Scientist 1 $200 $210 $221 $232 $243 Senior Principal 1 $320 $336 $353 $370 $389 Sr. Scientist 2 $210 $221 $232 $243 $255 Senior Principal 2 $330 $347 $364 $382 $401 Sr. Scientist 3 $220 $231 $243 $255 $267 Senior Principal 3 $340 $357 $375 $394 $413 Sr. Technical Specialist 1 $230 $242 $254 $266 $280 Geographic Information Services (GIS) Sr. Technical Specialist 2 $240 $252 $265 $278 $292 GIS Technician 1 $135 $142 $149 $156 $164 Sr. Technical Specialist 3 $250 $263 $276 $289 $304 GIS Technician 2 $145 $152 $160 $168 $176 Sr. Regulatory Specialist 1 $260 $273 $287 $301 $316 GIS Technician 3 $155 $163 $171 $179 $188 Sr. Regulatory Specialist 2 $270 $284 $298 $313 $328 GIS Analyst 1 $165 $173 $182 $191 $201 Sr. Regulatory Specialist 3 $280 $294 $309 $324 $340 GIS Analyst 2 $175 $184 $193 $203 $213 Botanist/Arborist Services GIS Analyst 3 $185 $194 $204 $214 $225 Botanist/Arborist 1 $135 $135 $142 $149 $156 GIS Project Manager 1 $200 $210 $221 $232 $243 Botanist/Arborist 2 $150 $150 $158 $165 $174 GIS Project Manager 2 $210 $221 $232 $243 $255 Botanist/Arborist 3 $165 $165 $173 $182 $191 GIS Project Manager 3 $220 $231 $243 $255 $267 Sr. Botanist/Arborist 1 $185 $185 $194 $204 $214 GIS Specialist 1 $230 $242 $254 $266 $280 Sr. Botanist/Arborist 2 $200 $200 $210 $221 $232 GIS Specialist 2 $240 $252 $265 $278 $292 Sr. Botanist/Arborist 3 $215 $215 $226 $237 $249 GIS Specialist 3 $250 $263 $276 $289 $304 Administrative Support Services GIS Program Manager 1 $260 $273 $287 $301 $316 Clerical $110 $116 $121 $127 $134 GIS Program Manager 2 $270 $284 $298 $313 $328 Project Administrator $135 $142 $149 $156 $164 GIS Program Manager 3 $280 $294 $309 $324 $340 Technical Editor I $150 $158 $165 $174 $182
Technical Editor II $160 $168 $176 $185 $194
Technical Editor III $170 $179 $187 $197 $207
Senior Technical Editor $195 $205 $215 $226 $237
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ITEM NO. 9.
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Hourly Rate Schedule
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Other Direct Costs
Regular Vehicle (GSA Rate) $0.67/mile
Submeter GPS $100/day
UTV and Trailer $95/day
Fleet Vehicle $95/day
iPad $10/day
Wildlife Remote Camera $20/ day
Acoustic Bat Monitor $35/day
Kayak Kit $75/day
Survey Flashlight (Streamlight) $12.50/day
Aquatic Survey Sampling Kit $25/person/day
Drone/sUAS $250/day
Wetsuit $70/week
Drysuit $195/week
YSI ProDSS Water Quality
Meter $125/day
Expense Reimbursement/Other:
1. Computer, facsimile, and telephone are included in the billing rates, and there is no additional charge.
2. Reproduction, equipment, and other direct expenses are reimbursed at cost plus a 15% administrative handling charge (excluding mileage).
3. Subconsultants will be billed at their indicated rate plus a 15% administrative handling charge; or the Sequoia labor category commensurate with their role.
4. Depending upon location, Per Diem may be charged where overnight stays are required.
5. Weekly or monthly equipment rates at a reduced amount may be available on a contract-specific basis.
6. Expert Witness Testimony, including Depositions, is billed at the time and half.
7. Non-standard invoice processing will be billed at standard hourly rates for support personnel.
8. Sequoia will review our hourly rates annually and may choose to escalate our rate sheet depending on changes to the cost- of living- index and other factors.
9. Hours beyond 8 hours per day are charged at an overtime rate of 1.5 times our standard hourly rates for qualifying personnel.
To comply with California Labor Code 512 and California Code of Regulations 11040, if on-site conditions prohibit personnel from taking required breaks, one additional hour of time will be billed per day for qualifying staff covered under the regulations.
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ITEM NO. 9.
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AGREEMENT FOR CONSULTANT SERVICES
PREAMBLE
THIS AGREEMENT is dated for identification on August 6, 2024 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Sequoia Consulting Group (“Consultant”), identified as an S Corporation and whose addressis 1342 Creekside Drive, Walnut Creek, CA 94596. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 The Town desires to engage Consultant to provide environmental consulting services in support of wildfire related vegetation management in Town owned open spaces.
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. AGREEMENT
2.1 Scope of Services. Consultant shall provide services as described in that certain Proposal sent to the Town on June 27, 2024 which is hereby incorporated as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect upon execution to June 30, 2025.
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 perform the services under this Agreement. 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 services or at the Town's written request. All reports, information, data, and exhibits prepared or
EXHIBIT B
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assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of 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 services in the amount not to exceed $181,165, inclusive of all costs. Payment shall be based upon Town approval of each task and fees for each task shall not be exceeded without written authorization from the Town.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Paymentshall be net thirty (30) days of receipt of the invoice. 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]
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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 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, including each of Consultant’s employees, agents, subcontractors, or others under Consultant’s supervision or control, 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 rightsto 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 understandsthat 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 orindirect 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 Intentionally omitted.
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III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the Agreement, 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 and in the aggregate for products and completed operations, personal and advertising injury, bodily injury, personal injury and property damage.
ii. Consultant agreesto have and maintain forthe duration of the Agreement, an Automobile Liability insurance policy ensuring him/her and his/herstaff for any, hired, or non-owned vehicles in 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 affecting coverage. Consultant 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 additional insureds 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.
ii. The Consultant'sinsurance coverage shall be primary insurance asrespects 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.
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3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement.
Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no lessthan one million dollars($1,000,000) per accident for bodily injury or disease.
3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, officers, agents, employees, and volunteers (“Indemnitees”) from all damages, liabilities, penalties, costs, attorneys’ fees, or expenses (“Losses”) in law or equity that may at any time arise or be set up because of damages to property or personal injury or other 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 subcontractor. The Consultant’s duty to indemnify and hold harmless the Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees. Consultant’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.
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 Consultantshall have the right to terminate this agreement with or without cause by giving not less than sixty days (60) 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 ofsuch termination, Town shall pay Consultant an amount that bears the same ratio to the maximum Agreement price as the work delivered to the Town bears to completed Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5
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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
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Sequoia Ecological Consulting Inc
Attn: Debie Montana
1342 Creekside Drive,
Walnut Creek, CA 94596
or personally delivered to Consultant to such address orsuch 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.
4.9 California Public Records Act. Town is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to Town, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5
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lines containing the information. In the event of a request for such information, Town will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Clara County before the Town isrequired to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the Town is required to respond to the CPRA request, Town may disclose the requested information without any liability. Consultant further agreesthat itshall defend, indemnify and hold Town harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by Town of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.
4.10 Force Majeure. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, a strike, lockout or other labor difficulty, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, the only remedy is that there may be an equitable adjustment of the schedule based on Town’s sole discretion.
4.11. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
4.12 Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
4.13 Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
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V. FEMA CONTRACT TERMS
5.1 Remedies. Refer to Section IV of this agreement.
5.2 Termination for Cause and Convenience. Refer to Section 4.3 of this agreement.
5.3 Equal Opportunity Employment. During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part ofsuch employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
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(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result ofsuch direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality orsubdivision ofsuch government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5
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of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings
5.4 Intentionally omitted.
5.5 Copeland Anit-Kickback Act. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment.
5.6 Intentionally omitted
5.7 Rights to Inventions Made Under a Contract or Agreement. Any inventions made related to this Agreement and associated work is subject to the provisions of 37 CFR Part 401, as applicable.
5.8 Clean Air Act and Federal Water Pollution Control Act.
Clean Air Act
The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
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The contractor agrees to report each violation to the (insert name of non-federal entity entering into the contract) and understands and agrees that the (insert name of the nonfederal entity entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.
Federal Water Pollution Control Act
The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.
The contractor agrees to report each violation to the (insert name of the non-federal entity entering into the contract) and understands and agrees that the (insert name of the non- federal entity entering into the contract) will, in turn, report each violation as required to assure notification to the (insert name of the pass-through entity, if applicable), Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.”
5.9 Debarment and Suspension. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals(defined at 2 C.F.R. § 180.995), or its affiliates(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The contractor must comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by the Town of Los Gatos.
If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Town of Los Gatos the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Town will insure the Contractor and any lower participants are not debarred by checking the government’s System Award Management (SAM).
The Bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or proposer further Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5
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agrees to include a provision requiring such compliance in its lower tier covered transactions.
5.10 Byrd Anti-Lobbying Amendment. Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency
5.11 Procurement of Recovered Materials. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPAdesignated items unless the product cannot be acquired:
(1) Competitively within a timeframe providing for compliance with the contract performance schedule;
(2) Meeting contract performance requirements; or
(3) At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act
5.12 Prohibition on Contracting for Covered Telecommunications Equipment or Services. (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. (b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5
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telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packetsthatsuch equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii.Are not used as critical technology of any system.
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(ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date ofsuch identification or notification:
The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days ofsubmitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments,
5.13 Domestic Preferences for Procurements. As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. Thisincludes, but is not limited to iron, aluminum,steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
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Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
5.14 Access to Records. The Contractor agrees to provide the Town, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
In addition to the reports specified in this Agreement, Contractor shall retain the records required by the applicable provisions of 2 CFR § 200.333, no lessthan three (3) years after Town’s final payment to Consultant under this Agreement and provide the Town with the reports required pursuant to 2 CFR §§ 200.328 and 200.343, and such other records and reports as the Town may reasonably require in the administration of this Agreement.
Contractor shall keep all other necessary books and records, including property, personnel, loan documentation and financial records, in connection with the operation and services performed under this Agreement, in accordance with 2 CFR §200.333.
5.15 Changes in Scope of Work or Work Schedule.
(a) Any change in the scope of work to be done, method of performance, nature of materials or price thereof, work schedule changing the number of working days, or to any other matter materially affecting the performance or nature of the services will not be paid for or accepted unless such change, addition or deletion is approved in advance by the Town, in a written amendment or Contract Change Order. (b) The changes will be set forth in an amendment or written Contract Change Orders which specify the work to be done in connection with the changes, the basis of compensation for the work, and any adjustments to the work schedule or work completion date. Such Change Orders shall be approved by the Town. Upon receipt of an approved Contract Change Order, or of a written authorization from the Town setting forth a description of the change and agreed upon changes in contract price, the Contractor shall proceed with the work so ordered.
(c) In the absence of an approved amendment or Contract Change Order or written authorization, the Contractor shall not be entitled to payment for any changed or extra work or any adjustment to the work schedule or work completion date.
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(d) When the changes increase or decrease the cost of the work, an adjustment of the Contract price will be made as set forth in the Change Order. Contractor shall receive compensation at the fees and rates previously agreed upon in writing. (e) Contractor shall not be entitled to an adjustment in the compensation or work schedule for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a subcontractor or supplier shall be deemed to be within the control of contractor.
5.16 DHS Logo, Seal and Flags. The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval. The contractor shall include this provision in any subcontracts.
5.17 Compliance with Federal Law, Regulations, and Executive Orders and Acknowledgement of Federal Funding. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.
5.18 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract.
5.19 Program Fraud and False or Fraudulent Statements of Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.
5.20 Affirmative Socioeconomic Steps. If subcontracts are to be let, the prime contractor is required to take all necessary stepsidentified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.
5.21 License and Delivery of Works Subject to Copyright and Data Rights. The Contractor grants to the Town, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the Town or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the Town data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Town of Los Gatos.
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8/19/2024
8/16/2024 8/15/2024
Recommended by:
8/15/2024
8/16/2024
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by: Consultant by:
Laurel Prevetti, Town Manager Debie Montana, Chief Executive Officer Nicolle Burnham
Director of Parks and Public Works
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest:
Wendy Wood, CMC, Town Clerk
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ITEM NO. 9.
proposal June 27, 2024
TOWN OF LOS GATOS DEPARTMENT OF PARKS AND PUBLIC WORKS
Professional Environmental
Monitoring Services for
Vegetation Management Risk
Reduction Project (Open Space)
EXHIBIT A
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ITEM NO. 9.
Sequoia biologist facilitating fire crew training as part of the Tunnel East Bay Hills Shaded Fuel Break Project A crew chips felled trees while a biological monitor provides assistance from a safe distance away during the North Orinda Shaded Fuel Break project. "The team at Sequoia was critical to effective hazardous fuel reduction for the North Orinda Shaded Fuel Break. By having their biologists evaluate sites before work began we could avoid potential environmental impacts and accelerate the project. Their staff’s expertise continued to guide field crews throughout the work, giving the whole project team confidence that we could adjust the project to meet the best management practices and comply with the myriad of environmental requirements, while reducing the potential of wildfire."
Cheryl Miller, Executive Coordinator
Diablo FireSafe Council
A contractor clears vegetation in a portion of Claremont Canyon Regional Park which has been identified both as high-risk for wildfire, and highly sensitive habitat for Alameda whipsnake.
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ITEM NO. 9.
Cover Letter
99 South Almaden Boulevard, Suite 600 San Jose, CA 95113 925.855.5500 www.sequoiaeco.com June 27, 2024
Town of Los Gatos
Department of Parks and Public Works
41 Miles Avenue
Los Gatos, CA 95030
RE: Proposal for the Town of Los Gatos Department of Parks and Public Works Professional Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space), Town Project 832-4508; Federal Project #4407-PJ0506 Members of the Selection Committee,
The Town of Los Gatos carries a profound responsibility in safeguarding its residents and preserving its cherished parks and open spaces, which face escalating threats from wildfires. The Town’s natural landscapes not only serve as vital recreational areas, but also harbor diverse ecosystems and protected natural resources. To proactively mitigate these risks, the Los Gatos Open Space Vegetation Management Plan (VMP) defines the approach and guidelines that the Town will use for fuel reduction work, in accordance with the California Vegetation Treatment Program (CalVTP) Project Specific Analysis (PSA) and Addendum to the Program Environmental Impact Report (PEIR). The PEIR identifies standard treatment activities and associated environmental protection measures in and around Wildland Urban Interface (WUI) areas in general, while the VMP specifically prioritizes fuel treatments throughout Town parks to enhance public safety. We understand that the Town has carefully weighed the benefits of removing fuels versus the effects of a potentially destructive wildfire, as well as the environmental impacts of initial clearing work and follow-up maintenance. With treatments planned across five open space areas, we understand that the Town seeks an environmental consultant who can provide support and expert planning to facilitate timely completion of the VMP implementation efforts, in compliance with the PEIR.
With more than a decade of experience supporting wildfire mitigation efforts, Sequoia Ecological Consulting, Inc. (Sequoia) has worked extensively with agencies throughout the Bay Area to expedite implementation of their fuel management programs. We have teamed with our frequent partner Montrose Environmental Group (Montrose) to provide cultural resources services as needed. Sequoia and Montrose having collaborated with similar roles on wildland fuel management efforts for clients including San Mateo County RCD, East Bay Municipal Utility District, Sonoma County Parks, the State of California Department of General Services, Contra Costa County Fire Protection District, and the Moraga-Orinda Fire District, among many other public agency clients.
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 2 We are uniquely qualified to support the Town in meetings its VMP goals and long-term objectives because:
Sequoia has worked extensively under the CalVTP, leading planning and PSA development activities (5 approved PSAs in the last 3 years), as well as implementation of projects throughout the Bay Area.
Our staff are experts and permit-holders for the project’s focal species, including western bumble bee, foothill yellow-legged frog, California red-legged frog, and California tiger salamander. With a staff of more than 50 biologists, we provide a deep bench of environmental monitors who can meet any scheduling need or concurrent efforts. All of these staff have supported Sequoia’s fuels management projects, and have a deep level of understanding of the unique requirements and hazards associated with the full range of prescribed treatments. We have a number of staff who live within 5 miles of the project area.
As our references will attest, Sequoia helps our clients expedite fuel reduction projects while avoiding costly permitting requirements and project delays. The value we provide allows agencies to redirect their time and resources to other high-priority areas. Sequoia offers a menu of optional services that can be scaled and deployed as requested to meet the Town’s specific needs.
Sequoia has prioritized our fuel management work support above all other work on our client list because we understand the urgent need to mitigate our region’s vulnerabilities when it comes to wildfire. This region is our home, and we appreciate the opportunity to play a role in reducing the threat of wildfire here, while also enhancing the habitats of the diverse species that share these lands with us. Sequoia has never failed to fulfill a request, even urgent same-day requests, to support the fuel reduction programs we support. C
We have carefully reviewed the Town’s RFP and our team will meet all requirements, terms, and conditions described therein. Thank you for this opportunity to present our team's approach and qualifications. As Principal at Sequoia Ecological Consulting, Inc., I am authorized to sign and negotiate on behalf of our firm.
Please contact me directly at (925) 989-7011 or via e-mail at [email protected] should you have any questions or requests for clarification on this proposal.
Sincerely,
SEQUOIA ECOLOGICAL CONSULTING, INC.
Debie Montana Bill Montana
Chief Executive Officer and Principal Biologist Chief Financial Officer 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) 3 Scope of Services
Project Understanding
The Town is proactively protecting open space, the public, and sensitive natural resources by developing management plans to mitigate wildfire risk. The planning effort centers around targeted fuel reduction in densely vegetated areas, with aims to enhance both firefighter access and public evacuation routes. Plans are guided by CAL FIRE measures and Town ordinances and encompass nearly 5,000 acres of open space and parkland. The overall purpose is to minimize both wildfire risk and negative environmental impacts.
The VMP defines the approach and guidelines that the Town will use for fuel reduction work. The VMP was designed to address critical open space areas and emergency/evacuation routes and support local and regional goals in reducing wildfire risk. The VMP was prepared in accordance with the CalVTP PSA and Addendum to the PEIR, which identifies standard treatment activities and associated environmental protection measures in and around Wildland Urban Interface (WUI) areas in general. The VMP specifically prioritizes fuel treatments in these parks to enhance public safety; the Town has weighed carefully the benefits of removing fuel versus both the effects of a potentially destructive wildfire and environmental impacts of initial clearing work and follow-up maintenance.
Treatments are planned across approximately 200 acres, distributed among five open space areas, including Heintz, Santa Rosa Open Space, Novitiate, Worcester and La Rinconada Park(s). Three of the parks included in the VMP are within the WUI and are also within the Very High Fire Hazard Area, between forested mountain regions to the southwest of the Town and higher-density population areas to the north, closer to the San Francisco Bay. Approximately 3,000 homes are within the WUI, a highly vegetated region with limited access for firefighters or public evacuation in general.
We understand that the Town seeks an environmental consultant who can provide support and expert planning to facilitate the VMP implementation efforts.
Sequoia’s first action item in wildland fuel reduction planning and implementation happens long before contract execution. During the proposal process, our team focuses on novel approaches and mining potential cost efficiencies and identifying potential project-specific and schedule roadblocks that can be addressed proactively. While we are a small firm, Sequoia has completed and implemented the second highest number of approved PSAs in California. Our team will apply our deep understanding of the CalVTP process, coupled with a thorough comprehension of species phenology, patterns and distributions, to develop the most cost-efficient option while also maximizing natural resource protection. We recognize that clients are often operating under tight grant budgetary limits. We do our due diligence in environmental review, contractor oversight and compliance, and species avoidance. We understand that while effective senior oversight is an essential part of project management and quality control, the balance of the budget should be where the boots hit the ground to accomplish as much fuel reduction as possible.
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 4 Overall Approach to Managing the Scope of Work
Sequoia regularly assists with the planning and implementation of multi-site fuel reduction projects with simultaneous treatment activities and complex scheduling demands. Through this experience, we have developed this approach to projects of this nature: we will focus on the ability to foresee issues, and the adaptability to respond to project changes as they arise. We will ensure that communications with the Town, its contractors, and stakeholders to be ongoing and frequent, and our continuous environmental training program will be thorough to ensure crews are mindful of and vigilant in protecting sensitive environmental resources while performing their work. We will develop and identify roles and responsibilities and conduct a thorough safety planning effort to mitigate risk during implementation.
We have found that when it comes to facilitating work on a robust vegetation management program like the Town’s, schedules are often dependent on the availability of contractors, red-flag warnings, wildfires, permit measures, wildlife ecology, and public relations concerns. With all these variable conditions, lastminute scheduling changes and biological monitoring requests are inevitable. Sequoia staff understand the challenges that this program faces, and we will address the Town’s needs quickly and with the highest level of professionalism.
Potential Challenges and Solutions
From experience in implementing fuel treatment projects under the CalVTP, Sequoia understands that there are several potential challenges with timing and schedule. Fortunately, we have honed our adaptive approach in this regard and developed solutions that save budget and enhance efficiency. Sequoia can work with the Town and implementation contractor to:
• Assign staff that thoroughly understand the nature of on-call work and pivoting based on dynamic conditions and variables;
• Ensure built-in staff redundancy in our management team to ensure that team leaders, such as Sequoia’s project manager, have seamless back-up support during vacations and sick time. With fuel treatment implementation projects, we understand that last-minute changes due to environmental conditions or the dynamic nature of the work make communication a critical component of project management. By communicating with the Town about secondary and tertiary contacts and establishing roles in terms of the hierarchy of notifications, Sequoia intends to address any last-minute concerns, changes or questions as quickly and thoroughly as possible; • Schedule work outside of the nesting bird season or botanical survey season to save on treatment monitor cost;
• Find schedule efficiencies around crew availability with regard to Red Flag workdays/shutdowns and/or availability during the height of fire season (e.g., finding project areas or treatment methodologies that can be performed despite restrictions on spark-generating equipment) • Conduct crew refresher training at no additional cost during the pre-treatment or spot-check survey activities;
• Assisting the Town with grant-required quarterly reporting as necessary.
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 5 Task 1 – Meetings and Project Documentation
After the contract is awarded, Sequoia will organize an initial, project kickoff in-field team meeting to start the project and ensure that the project’s goals are fully understood, and will be met within the required timeframes. The meeting will serve as an opportunity to discuss and define project parameters, schedule, team member roles, and communication protocols. Periodically throughout the project, Sequoia will attend meetings with the Town and project stakeholders to ensure that project needs are met in a timely manner.
Sequoia will conduct a contractor meeting at the project onset as well. Later, during the course of the implementation phase, Sequoia will also conduct regular progress check-in meetings over time (described in more detail below).
At the kickoff meeting, Sequoia will provide a project schedule (similar to the example below) to the Town.
It is important to provide this at the onset of the project to facilitate prioritization, tracking, and documentation of deliverables and major milestones. Then, during the meeting, the Town will be able to weigh-in on the schedule itself, in real-time, and provide feedback as to major decision-points or checkpoints.
Kickoff Meeting. At project commencement, Sequoia will meet with Town staff to review the Scope of Services and Proposed Work Plan. This initial meeting is intended to confirm the parameters of the scope, project scheduling, and overall communication protocols. By listening and ensuring a shared understanding, 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) 6 we will endeavor to anticipate and prioritize the Town’s needs as we serve as your eyes and ears on the ground during work. Upon completion of the kickoff meeting, Sequoia will prepare Meeting Minutes that summarize items discussed, and detail action items. In our experience, having the kickoff meeting in person is an excellent means to spark side-conversations, dig deeper into details, and explore alternative perspectives. Visiting one of the project sites just following the kickoff meeting could add even more benefit – reviewing roles and responsibilities and work expectations, with the project landscape as a contextual backdrop, could inspire the team at the onset. We strongly encourage the Town to consider an in-person approach to collaborating at the first kickoff meeting.
Contractor Meeting. Once the Town selects an implementation contractor to perform fuel treatments, Sequoia will meet with the Town and the contractor to learn the approach and sequencing intended for the creation of the defensible space around the subject parks and facilities. When starting a project at a new work location, we will immediately establish lines of communication between the project manager and all involved parties, including the contractor foreman, fire crews, and Town staff. As above, an in-person approach to meeting with crews, with the surrounding landscape as context, is an important way to assess scope, review tasks-at-hand, and it is also a critical element in addressing logistics or safety questions prior to work-start.
Project Meetings. Sequoia project manager and staff biologist(s) will attend up to six follow-up virtual progress meetings with the Town and implementation contractor during execution of the work. Follow-up meetings are critical to continued calibration and managing expectations/deliverables throughout the course of the project. Follow-up meetings are an opportunity for the Town and Sequoia to discuss budget projections, to plan logistics, and to re-visit compliance issues as necessary. By establishing a set schedule of check-in meetings, Sequoia creates a consistent framework to manage the project. At the onset of the project, the Sequoia project manager will develop a framework schedule of when meetings will occur and will set relevant agenda items for all to review and weigh-in on prior to actual meeting dates. The Sequoia project manager will attend all progress meetings. The Sequoia program manager will attend the kickoff meeting, and a portion of the follow-up meetings depending on project stage and whether their technical support or input is needed. It is Sequoia’s intent to limit the amount of overhead management time on this project in order to keep budget with the field biologists and treatment efforts.
Monthly Work and Project Summary. Each month, Sequoia will provide a one-page summary for each of the 18 expected working months. Summaries will document environmental work completed in the preceding month and the scope of work planned for the next month. Sequoia will work with the Town to determine the best format and delivery of this summary over the course of the project.
Task 1 Deliverables
• Kickoff meeting agenda and detailed memorandum, identifying information needs and a framework for the meeting
• Meeting minutes
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) 7 • Monthly work summaries
Task 1 Assumptions
• Kickoff meeting and fuel treatment team meetings will be in-person, on-site, and will include site walks.
• All follow-up project progress meetings will be virtual/via phone.
Task 2 – Data Collection and Review
Sequoia will thoroughly review all project environmental documents and previously performed survey findings.
Based on this review, Sequoia’s team will develop an outline summary of work. Sequoia will develop a compliance matrix and reference guide for implementation crews based on the compliance documents. The reference guide will be an efficient way for both field biologists and crews to refer to relevant measures, methods and protocols, as well as timing of the requirements, and clear guidance and timing for the crews.
Sequoia has already developed such tables for other clients on fuel reduction projects – because these clear templates already exist in our database, adapting them for this project will be efficient and save on cost.
Additionally, Sequoia will share all project related resources, buffers and layers with the crew via a mapping tool such as Avenza or Google Earth. By sharing these mapping resources, the implementation contractor will have the same level of detail for real-time resources in the field as the Sequoia staff biologists. Sequoia will develop detailed field instructions for their biologists in general. Field instructions will focus on safety, access-related issues, coordinating correct and up-to-date mapping resources, and other site-specific details. By conducting this analysis and creating this documentation up-front, before implementation begins, Sequoia will set up both field biologists and implementation crews for success. It will also establish a standard of collaboration and communication between the team.
Review Environmental Documents. Sequoia will review and assess all environmental documents pertaining to the proposed open space vegetation management; including the Avoidance and Minimization Measures outlined in the PSA.
Matrix/Table of Minimization and Mitigation Requirements. Sequoia will provide a matrix/table of all minimization and mitigation requirements for the project, split by where they occur in the project time (before, during, after) so that it is very clear to both the Town and contractor when measures are implemented and who the responsible parties are. Sequoia has generated this table before for other clients – re-using the template will save on effort and cost for this project.
Task 2 Deliverables
• Matrix/table of measures, work and studies required for environmental compliance.
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) 8 • Quick reference guides or guidance documents for biologists and crews. Sequoia will use existing templates for guidance documents which will save time and management cost.
Task 2 Assumptions
• The Town will provide all relevant existing project documents, including GIS shapefile layers, for Sequoia’s use and development-of-reference-guide purposes.
Task 3 - Pretreatment Surveys
Sequoia will rely on the existing documentation and mapping performed by others, to perform pretreatment surveys of the work areas. Pretreatment surveys are a critical step in the CalVTP process.
They are used to determine whether species-specific mitigation measures are required, and they are performed to document conditions before treatment so that a post-treatment analysis can be conducted.
Post-treatment surveys are meant to adequately determine whether any habitat type-conversion has occurred because of the work performed. Since it has been determined that there is suitable habitat for special status species present, and project areas have potential to be affected by a treatment activity, pretreatment surveys will be performed, and if those species are detected and documented, further species-specific mitigation measures will be applied.
Sequoia recognizes that working in remote wild areas requires attention to detail regarding both our own team and members of the larger project team. Prior to beginning any survey efforts, Sequoia field biologists will perform a safety analysis of the work in general. This will guide daily safety discussions, and safety plan elements will be constantly updated as the project progresses (i.e., as new areas are added to the survey, new assessments are made about relevant hazards).
Sequoia biologists will conduct focused pretreatment surveys no more than 14 days prior to the beginning of treatment activities as mitigation measures determine that suitable habitat for special status species is present and has potential to be directly or indirectly affected by a treatment activity. The survey area will be determined by a qualified biologist based on the species and habitats and any recommended buffer distances in agency protocols.
Nesting Bird Surveys. Sequoia’s biologists will conduct surveys for nesting avian species in compliance with the CalVTP PEIR if implementation of the project is to occur during the nesting season for birds (February 1 – August 31). A Sequoia biologist will conduct nesting bird surveys no earlier than 7 days prior to the commencement of work activities during the nesting season. The biologist will survey all areas on foot that may provide suitable nesting habitat within 300 feet of the project site for passerines and within 500 feet for nesting raptors, as access allows. The survey will be conducted during the morning hours for peak avian activity and will not take place during periods of excessive or abnormal cold, heat, wind, rain, or other inclement weather that may reduce the likelihood of detection. If nesting birds are discovered during the initial survey, we will establish a suitable “no work” buffer around all active nests. Buffers will remain in place for the duration of the breeding season or until it has been confirmed by a qualified biologist that all 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) 9 chicks have fledged and are independent of their parents. Results from the nesting bird surveys will be provided as a map layer to implementation contractors to enable them to plan work around buffers in realtime, in the field, using a phone or tablet.
Perform Native American consultation for the project as required. Per our understanding of Standard Project Requirement CUL-2 of the PSA, geographically affiliated Native American tribes on the Native American Heritage Commission (NAHC) list have already been contacted and notified. From our vantage, SPR CUL-8 (Cultural Resource Training) will need to be conducted prior and during initial treatments – we assume the Town has this scope covered by others as well.
However, if these elements were not already previously completed, Sequoia has preemptively enlisted the support of our long-trusted partner Montrose. In addition to working with Sequoia on numerous wildfire mitigation efforts, Montrose has experience in watershed, stream, and open space projects, and many years of experience with vegetation and watershed management to reduce fire risks. On this project, Montrose will serve as the lead on contacting, coordination with, and performing all required Native American consultation during the implementation phase. Montrose' proposed staff are also experts in CEQA/NEPA, environmental laws including the Clean Water Act (CWA) and the Endangered Species Act (ESA), as well as other regulatory requirements and permitting, particularly for complex efforts that include a variety of fuel reduction treatment methods. While AB 52 compliance has been satisfied for projects found to be within the scope of the CalVTP Program EIR with a PSA or project approval with a PSA/Addendum, in accordance with SPR CUL-2, Montrose’s cultural resources specialist will obtain the most current Native American Heritage Commission (NAHC) Native Americans Contact list and contact the geographically affiliated Native American tribes. Montrose will prepare the notification letter and request information regarding potential impacts to cultural resources from the proposed project.
Native American consultation will generally consist of the following process, pending which tasks have already been completed or still need to be addressed before implementation begins:
• Reach out to tribes in the Los Gatos project area (if this has not already been performed) • Inform them of the Town’s planned work;
• Respond to questions from Native American tribes;
• Provide guidance and consultant on potential site visitor work observation days; • Potentially join tribe(s) for a site visit too, if requested by Town; and • Document this outreach for the general administrative record/project file.
Cultural resources work will be overseen by Janis Offermann, who meets the U.S. Secretary of Interior’s professional standards in archaeology. Montrose will work with the Town as needed, to meet all standards for Native American consultation relative to the project study area based on the expected area of disturbance that will be identified as an area of potential effects (APE) for the purposes of compliance with Section 106 of the National Historic Preservation Act (NHPA).
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) 10 If needed and as required, Montrose will assist the Town to satisfy the requirements of Native American consultation pursuant to AB 52, chaptered as Public Resources Code Section 21080.3.1(b), which is the responsibility of the CEQA lead agency, as needed. Montrose will contact the NAHC on behalf of the Town to determine whether Native American sacred sites are known to be located in or near the project, and for a list of tribes that have a traditional and cultural affiliation with the project area and who may have information about significant Native American resources. Once the list is received from the NAHC, Montrose will draft a letter for review and signature by the Town, and send letters to the identified tribes to notify them about the project and the opportunity to consult under AB 52, along with a request of concerns or knowledge about significant Native American resources within the APE. We will mail the letter to the tribes via certified U.S. mail with a return receipt. Follow-up emails will be to letter recipients about 2 weeks after the initial contact to verify that the letter has been received. The federal lead agency, if applicable, will retain responsibility for Native American consultation pursuant to 36 Code of Federal Regulations (CFR) 800.2(c)(2)(ii).
Bumble bee Surveys. Four bumble bee species are candidates for listing under the California Endangered Species Act (CESA), and therefore require protocol surveys. Sequoia’s team includes two of the first biologists to have their Memorandum of Understanding (MOU) from California Department of Fish and Wildlife (CDFW) to conduct these protocol surveys. Bumble bee habitat suitability assessments (HSAs) can be performed concurrently with the pretreatment surveys, and must be performed during the Colony Active Period, which is approximately between April and September.
Pretreatment Surveys. Sequoia will conduct pretreatment surveys of each work location and will identify any relevant mitigation requirements.
Pretreatment Findings and Reports. Sequoia will develop pretreatment report based on survey results.
Results will be incorporated into the real time mapping so that crews can see buffers. Sequoia biologists will be flagging specific buffers or resources for avoidance as they are found.
Task 3 Deliverables
Written summary of field survey observations (Daily Monitoring Report) List of mitigation requirements and recommendations for each work location Pretreatment survey report detailing the survey efforts and results. The report will include an introduction to the project, survey methods, results, and a discussion of the project. Report detailing avian species observed, areas surveyed, details on active nests found, and buffer zones implemented, as applicable
Nesting Bird Survey results will be valid for seven (7) days.
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) 11 Task 3 Assumptions
A full desktop review and mapping resources that was conducted and/or generated by the authors of the PSA will be made available to Sequoia for purposes of orienting the pretreatment, or any, biological resources surveys.
While protocol level rare plant surveys are required ahead of treatments by the CalVTP, the RFP did not list this as a task, however Sequoia can provide this service for additional costs not included in this proposal effort.
Any necessary landowner notifications will be provided by Town prior to fieldwork. Sequoia can assist the Town with right-of-entry (ROE) permits and notifications ahead of all field efforts, if requested. Safe access will be provided to Sequoia at the time of the survey. Notice to proceed will constitute permission for Sequoia to be present on the property to conduct the field survey at a time agreed upon by Town and Sequoia. Digital maps will be made available to crews; costs of app to utilize maps on their phones is not included in this scope.
Town will provide Sequoia with geodata of Project and survey areas as GIS Shapefile or Google Earth .kmz file, including the following layers:
o Park boundaries with roads and trails
o Park Habitat types
Task 4 –Environmental Awareness Training
Before work begins, an experienced Sequoia biologist will provide environmental training to all crew members. Environmental awareness training is a critical step in establishing communication between the Town, its fuel reduction crews, and resource specialists. Trainings led by Sequoia staff are open-ended and interactive, and foster a positive relationship among the project team members. Training will include an overview of the ecology and identification of each sensitive species with potential to occur, nesting bird buffer protocols, and all Avoidance Minimization and Mitigation (AMMs) and Best Management Practices (BMPs). If needed, training may also include a demonstration of rare plants, sudden oak death, and noxious weed decontamination protocols.
Brief, informal refresher trainings may also be also presented periodically, as needed to remind crews of the various measures in place.
Sequoia will design and distribute
program-specific hardhat stickers
to crews completing environmental
training on the Town’s vegetation
management projects. This is a
recent example of one of our crew
environmental training stickers.
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) 12 Sequoia will perform additional refresher training at no additional cost during treatment activities, in conjunction with surveys or other on-site responsibilities.
Note that to be cost efficient, Sequoia will budget one (1) standalone environmental training at the beginning of the implementation phase for all contractor crews. Any follow-up training, as either refresher or to train new crew members as they are assigned to the project, will be performed concurrently with pretreatment surveys and/or treatment monitoring. The versatility of our biologists in this regard (e.g., performing the training and then proceeding with monitoring work) is a testament to their multifunctionality and this will benefit the project as a cost savings measure.
Our biologists regularly receive accolades and are acknowledged for their exemplary communication with crews and clients throughout treatment activities.
If requested, Sequoia can provide bilingual staff to perform environmental training in both English and Spanish, as well as bilingual brochures.
Task 4 Deliverables
Draft training pamphlets for Town review (in both English and Spanish, if requested) Final materials for the training session, edited to reflect Town comments Hardhat stickers designed and printed for crew use
Sign in sheet for training session
Task 4 Assumptions
Delivery of the on-site environmental trainings will be included in the costs for pretreatment surveys or biological monitoring, and the training will be provided to any new crew members, as requested. Costs include preparation of environmental training materials, including one round of comments and edits from the Town.
Costs include 50 printed environmental awareness training pamphlets. Refresher trainings for new crew members can be provided to crews while biologists are onsite for pretreatment surveys at no additional cost.
Cost for stand-alone environmental trainings is provided for project initiation.
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) 13 Task 5 –Fuel Reduction Compliance Monitoring
Fuel Reduction Compliance Monitoring. Sequoia’s highly
qualified and agency-approved biologists and/or botanists will provide on-site observation and monitoring to the level required to comply with the project environmental documents as they pertain to biological resources. Sequoia biologists will monitor fuel reduction work in the field. Depending on park unit and habitat type, monitoring may either be half- or full days. Sequoia has already reviewed the project documents and we understand which areas specifically provide suitable habitat for special status species (e.g., Foothill yellow legged frog) and will therefore require full-time monitoring, versus those work areas that only need spot checks or partial days to survey and protect resources.
Sequoia’s project manager will communicate with the Town and implementation crews on a regular basis to assess project schedule demands and progress over time. They will brief biologists’ on the extent of work, access, safety considerations and monitoring scope on a regular basis to ensure consistency of understanding. Staff biologists will continually check-in with Town and contractors, and will submit daily reporting logs and safety analyses during the course of work. Sequoia will open multiple layers of communication (Slack, email, text) in order to fully cover logistics demands – in our experience, providing several means of communication allows for flexibility among the team, as personal preferences may shift over time. The most important element of monitoring is to establish clear roles and responsibilities both at the onset but also over time (in the form of re-calibration points among the team). By continually checking and rechecking compliance documents, and refreshing the team on the hierarchy of communication, Sequoia will create an efficient and supportive project structure, with very little room for misaligned expectations or lapses in judgment.
Task 5 Deliverables
Daily reports of field activities including photographs as appropriate, and observations of regulated species, if applicable
Task 5 Assumptions
Fencing and signage will be provided and installed by the contractor or the Town. The biologist can assist the onsite team with demarcation of areas where fencing will be required if necessary.
Sequoia staff know that open communication
and mutual respect are essential to address
potential compliance concerns and sensitive
species impacts during monitoring or
treatment activities. Through cooperation
and communication with crews, Sequoia staff
encourage crews to remain vigilant to
maintain compliance.
When issues arise on site that require prompt
communication, such as scheduling changes
or compliance issues, these are reported to
the appropriate team members immediately.
Sequoia’s team has a thorough
understanding of the Project, and we will
constantly work to improve our planning,
surveying, reporting, and general project
support to better meet the Town’s needs.
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) 14 Task 6 – Project Environmental Reporting
Project Environmental Reporting. Sequoia’s experienced biologists excel at documenting project activities.
We understand that a post-project implementation report (referred to by CAL FIRE as a Completion report) is required by the PSA under SPR AD-7. The report includes information about the size of treated area (acres), treatment types and activities, dates of work, a list of SPRs and mitigation measures implemented, and relevant explanations about the measures themselves. Sequoia will develop the report at project conclusion with a statement on compliance with the environmental requirements of the project. The report will include any/all results from post-treatment surveys, as well as all GIS data. The report will be delivered in a timely manner, and in the case of compliance concerns, our staff will follow strict communications protocols with Town staff for immediate incident reporting. Sequoia will make use of several layers of senior technical review during the drafting process.
Task 6 Deliverables
Project summary report
Task 6 Assumptions
The project summary report will include one round of edits by the Town.
Optional Services
Sequoia can provide the following optional/additional services to the Town at their request, on a time and materials basis. Our team is highly qualified to offer these services as means to supplement and enhance the successful completion of the project.
Contractor Cultural Resources Training. As required by the PEIR, and if not already completed/planned for by others by the Town in general, the Sequoia team (via our partner Montrose) can develop and provide cultural resource training with a focus on potential cultural resources on‐site, avoidance measures, best management practices, and pertinent regulatory guidance for treatments.
Assistance with Request for Bids and Contractor Oversight. Sequoia can assist the Town with developing Request(s) for Bid, contracting strategies and efficiencies, reviewing contract specifications and work descriptions/orders, and providing implementation or inspection support on a high‐level, as needed.
Sequoia performed this service as part of the La Honda Shaded Fuel Project with San Mateo County Resource Conservation District. Sequoia is unique among consulting firms in that its Climate Resiliency & Restoration Program Manager (Will Johnson) has a background in the implementation side of fuel reduction and restoration and has managed projects from both contractor and consultant perspectives.
Will oversaw coordination and logistics for contractor crews and heavy equipment operations for more than a decade prior to joining Sequoia. His extensive industry knowledge has proven to be a powerful tool 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) 15 in soliciting cost-efficient bids, writing specifications, and reviewing potential implementation crews’ qualifications.
Invasive Plant Mapping. Sequoia can perform invasive plant mapping as populations are found and provide data to the Town using Cal-IPC guidelines/protocols. By mapping invasive plant populations, Sequoia will supplement Town data to help inform land management decision-making during PSA treatments, or when performing standard Park maintenance and stewardship operations over-time. Invasive plant mapping can be performed at minimal cost during the pretreatment survey effort.
Mapping and Documenting Other Pests. Preventing the spread of plant pathogens (e.g., pitch canker, goldspotted oak borer, etc.) is an important part of the SPR’s for the PSA (SPR BIO-6). Aside from sanitizing equipment and providing thorough training, it is critical to better understand where pathogens occur or are likely to occur. Sequoia has botanists specifically trained in identifying plant pathogens and are certified arborists. Sequoia will document or map other pests (e.g., bore beetle) as they occur throughout survey areas. Pests can be critical indicator species for larger-scale ecosystem health and trends. By mapping other types of pests, Sequoia can support future treatment planning efforts, and Town’s VMP, and ongoing park and land management responsibilities.
GIS Services. Sequoia’s GIS experts can create an internal GIS database and Esri ArcGIS Online website to track fuels treatments in real time for the Town. The GIS service can be utilized across a wide array of platforms and can track all wildfire resiliency work. Coupled with a thoughtful approach to community outreach above, this is an effective tool to connect the public with the work and communicate updates and progress over time. Additional GIS database management, data collection, and cartography services can be provided upon request. As described further in our description of the Tunnel Fuel Break project on page 26, Sequoia provides these service to Moraga-Orinda Fire District. The web tool Sequoia created can be found at this link.
Drone Surveys. Sequoia can offer drone services to assess project progress, document site conditions, and develop aerial imagery for publications and presentations. Sequoia staff are Federal Aviation Administration (FAA) Part 107 Remote Pilot-licensed. Drone assessments will provide digital orthophoto, digital surface model (DSM), digital elevation model (DEM), and point cloud data products. Drone use will be carefully planned in accordance with airspace restrictions, sensitivity to surrounding landowners and agencies’ regulations (e.g., East Bay Regional Park District), and Sequoia will hold drone insurance through Verifly. Drone footage can be a powerful tool in assessing treatment effectiveness, but also enhancing transparency with the local community about the Town’s efforts in fire risk mitigation (see below Public Outreach optional task for more context).
Habitat Monitoring. The Town’s responsibilities for managing treated work areas do not end at project conclusion. The changed landscape will need to be continually managed to maintain progress made on fuel reduction objectives. Sequoia's biologists can perform longer-term post-treatment monitoring to record species numbers, assess changes in habitat, and will develop subsequent data analysis if necessary.
Biologists will monitor reproductive seasons of wildlife throughout the project timeline. Various levels of 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) 16 technical memoranda and presentations can be developed with data to supplement public outreach efforts.
Public Outreach Support and Public Presentations. Sequoia understands that public perception and buy-in are essential parts of the wildfire risk management process. On past projects, Sequoia has assisted with the preparation and implementation of public outreach support, including stakeholder meetings, presentations, and/or site field trips. Given that work under the VMP will occur on public parks and open spaces with regular pedestrian use and recreational activities, Sequoia could work together with the Town to develop consistent messaging when members of the public inevitably ask about the changing landscape.
Sequoia can assist preparation and implementation of public outreach support, including stakeholder meetings, public meetings, presentations, and/or site field trips. Meetings could present the project information to interested parties and gather feedback and concerns that can be addressed. Other public meetings could include a walk-down with the agencies to ensure they agree with the approach and compliance with the CalVTP. A slideshow could be developed to present the project and the various aspects of CEQA compliance. Sequoia can design and provide project signage (to post for public information purposes) to increase awareness of treatment activities in general.
Shown at Left:
Sequoia has
worked
extensively
throughout Santa
Clara County and
the greater
region. With
offices in San Jose
and numerous
staff within just
miles of the
project area,
Sequoia brings
unmatched local
expertise.
Docusign Envelope ID: F2CFEC63-4FF8-4B23-A2D6-36853FBAC10F Docusign Envelope ID: C3C88704-33B6-485B-9D22-15DBA66398A5
ITEM NO. 9.
2024-2028
HOURLY RATE SCHEDULE
Environmental Services 2024 2025 2026 2027 2028 Env. Project Mgm’t. 2024 2025 2026 2027 2028 Field Technician 1 $90 $95 $99 $104 $109 Assistant Project Manager 1 $165 $173 $182 $191 $201 Field Technician 2 $105 $110 $116 $122 $128 Assistant Project Manager 2 $170 $179 $187 $197 $207 Field Technician 3 $115 $121 $127 $133 $140 Assistant Project Manager 3 $175 $184 $193 $203 $213 Staff Biologist 1 $120 $126 $132 $139 $146 Project Manager 1 $180 $189 $198 $208 $219 Staff Biologist 2 $125 $131 $138 $145 $152 Project Manager 2 $185 $194 $204 $214 $225 Staff Biologist 3 $130 $137 $143 $150 $158 Project Manager 3 $190 $200 $209 $220 $231 Associate Biologist 1 $135 $142 $149 $156 $164 Project Manager 4 $200 $210 $221 $232 $243 Associate Biologist 2 $140 $147 $154 $162 $170 Project Manager 5 $210 $221 $232 $243 $255 Associate Biologist 3 $145 $152 $160 $168 $176 Project Manager 6 $220 $231 $243 $255 $267 Project Biologist 1 $150 $158 $165 $174 $182 Senior Project Manager 1 $230 $242 $254 $266 $280 Project Biologist 2 $155 $163 $171 $179 $188 Senior Project Manager 2 $240 $252 $265 $278 $292 Project Biologist 3 $160 $168 $176 $185 $194 Senior Project Manager 3 $250 $263 $276 $289 $304 Resource Specialist 1 $165 $173 $182 $191 $201 Program Manager 1 $260 $273 $287 $301 $316 Resource Specialist 2 $170 $179 $187 $197 $207 Program Manager 2 $270 $284 $298 $313 $328 Resource Specialist 3 $175 $184 $193 $203 $213 Program Manager 3 $280 $294 $309 $324 $340 Senior (Sr.) Biologist 1 $180 $189 $198 $208 $219 Principal 1 $290 $305 $320 $336 $352 Sr. Biologist 2 $185 $194 $204 $214 $225 Principal 2 $300 $315 $331 $347 $365 Sr. Biologist 3 $190 $200 $209 $220 $231 Principal 3 $310 $326 $342 $359 $377 Sr. Scientist 1 $200 $210 $221 $232 $243 Senior Principal 1 $320 $336 $353 $370 $389 Sr. Scientist 2 $210 $221 $232 $243 $255 Senior Principal 2 $330 $347 $364 $382 $401 Sr. Scientist 3 $220 $231 $243 $255 $267 Senior Principal 3 $340 $357 $375 $394 $413 Sr. Technical Specialist 1 $230 $242 $254 $266 $280 Geographic Information Services (GIS) Sr. Technical Specialist 2 $240 $252 $265 $278 $292 GIS Technician 1 $135 $142 $149 $156 $164 Sr. Technical Specialist 3 $250 $263 $276 $289 $304 GIS Technician 2 $145 $152 $160 $168 $176 Sr. Regulatory Specialist 1 $260 $273 $287 $301 $316 GIS Technician 3 $155 $163 $171 $179 $188 Sr. Regulatory Specialist 2 $270 $284 $298 $313 $328 GIS Analyst 1 $165 $173 $182 $191 $201 Sr. Regulatory Specialist 3 $280 $294 $309 $324 $340 GIS Analyst 2 $175 $184 $193 $203 $213 Botanist/Arborist Services GIS Analyst 3 $185 $194 $204 $214 $225 Botanist/Arborist 1 $135 $135 $142 $149 $156 GIS Project Manager 1 $200 $210 $221 $232 $243 Botanist/Arborist 2 $150 $150 $158 $165 $174 GIS Project Manager 2 $210 $221 $232 $243 $255 Botanist/Arborist 3 $165 $165 $173 $182 $191 GIS Project Manager 3 $220 $231 $243 $255 $267 Sr. Botanist/Arborist 1 $185 $185 $194 $204 $214 GIS Specialist 1 $230 $242 $254 $266 $280 Sr. Botanist/Arborist 2 $200 $200 $210 $221 $232 GIS Specialist 2 $240 $252 $265 $278 $292 Sr. Botanist/Arborist 3 $215 $215 $226 $237 $249 GIS Specialist 3 $250 $263 $276 $289 $304 Administrative Support Services GIS Program Manager 1 $260 $273 $287 $301 $316 Clerical $110 $116 $121 $127 $134 GIS Program Manager 2 $270 $284 $298 $313 $328 Project Administrator $135 $142 $149 $156 $164 GIS Program Manager 3 $280 $294 $309 $324 $340 Technical Editor I $150 $158 $165 $174 $182
Technical Editor II $160 $168 $176 $185 $194
Technical Editor III $170 $179 $187 $197 $207
Senior Technical Editor $195 $205 $215 $226 $237
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Hourly Rate Schedule
Page
2 of 2
Other Direct Costs
Regular Vehicle (GSA Rate) $0.67/mile
Submeter GPS $100/day
UTV and Trailer $95/day
Fleet Vehicle $95/day
iPad $10/day
Wildlife Remote Camera $20/ day
Acoustic Bat Monitor $35/day
Kayak Kit $75/day
Survey Flashlight (Streamlight) $12.50/day
Aquatic Survey Sampling Kit $25/person/day
Drone/sUAS $250/day
Wetsuit $70/week
Drysuit $195/week
YSI ProDSS Water Quality
Meter $125/day
Expense Reimbursement/Other:
1. Computer, facsimile, and telephone are included in the billing rates, and there is no additional charge.
2. Reproduction, equipment, and other direct expenses are reimbursed at cost plus a 15% administrative handling charge (excluding mileage).
3. Subconsultants will be billed at their indicated rate plus a 15% administrative handling charge; or the Sequoia labor category commensurate with their role.
4. Depending upon location, Per Diem may be charged where overnight stays are required.
5. Weekly or monthly equipment rates at a reduced amount may be available on a contract-specific basis.
6. Expert Witness Testimony, including Depositions, is billed at the time and half.
7. Non-standard invoice processing will be billed at standard hourly rates for support personnel.
8. Sequoia will review our hourly rates annually and may choose to escalate our rate sheet depending on changes to the cost- of living- index and other factors.
9. Hours beyond 8 hours per day are charged at an overtime rate of 1.5 times our standard hourly rates for qualifying personnel.
To comply with California Labor Code 512 and California Code of Regulations 11040, if on-site conditions prohibit personnel from taking required breaks, one additional hour of time will be billed per day for qualifying staff covered under the regulations.
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ITEM NO. 9.
Montrose Environmental Solutions
2024 Billing Rates
Staff Labor Rates
Classification Hourly Rate
Principal $262
Director II $240
Director I $230
Senior Associate II $218
Senior Associate I $208
Associate II $200
Associate I $191
Analyst II $180
Analyst I $170
Surveyor $148
Technician II $136
Technician I $120
GIS Analyst/CAD Technician $153
Technical Editor $131
Publication Specialist $114
Administrative Assistant $114
Direct Expenses
(10% markup; includes subconsultants)
Item Rate
Mileage Current 2024 IRS Rate
($0.655/mile)
Printing (in‐house)
- Black/white prints $0.15 per page
- Color prints $1.00 per page
- CDs (including label and envelope) $1.50 each
Equipment rental
- GIS mapping $30/hour
- GPS unit or Auger $100.00/day
Outside vendors; including
- Equipment rentals At cost plus markup
- Document production and supplies
Note: Rates are subject to 3% escalation each year.
1 Kaiser Plaza, Suite 340, Oakland CA 94612
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 20 Relevant Experience
About Sequoia
Founded in 2011, Sequoia is a Bay Area-based, Woman-owned Small business with local offices in San Jose.
We provide environmental consulting services to public agencies and private entities throughout northern California. With a full-time local staff of more than 50 biologists and a history of successfully managing environmental compliance efforts for local agencies' fuel management efforts, Sequoia is positioned to quickly mobilize planners, biologists and species experts, botanists, arborists, foresters, and qualified scientists whose expertise facilitate successful and expedited planning and implementation of critical wildfire mitigation and restoration projects.
Sequoia has been supporting vegetation management efforts since our inception, and as our firm has grown, we built on that foundation as we have worked with city and county agencies, fire districts, landowners, and regulatory agencies to provide consultation, planning and permitting, site assessments, compliance monitoring services, and surveys and habitat assessments for sensitive species. We understand the unique challenges associated with these efforts and our staff are able to tackle critical project objectives alongside responsible agency staff, firefighters, and contractors. Working on these types of projects has instilled in us a profound sense of teamwork and purpose, and enabled us to serve as a flexible, seamless extension of our clients’ staff.
MK will add a full-width photo with caption here.
Sequoia biologists providing training to fire crews in
preparation for shaded fuel break treatments.
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 21 Project Experience
La Honda Shaded Fuel Break and On-Call Environmental
Support | SAN MATEO COUNTY | SAN MATEO RESOURCE
CONSERVATION DISTRICT
The Sequoia team (Sequoia and Montrose) has been supporting the San Mateo Resource Conservation District (RCD) with planning and implementation of the La Honda Shaded Fuel Break, a 19-mile fuel break surrounding the community of La Honda in unincorporated San Mateo County.
With implementation slated for November 2023 per funding requirements, the RCD engaged Sequoia to help meet project’s CEQA requirements under the CalVTP PEIR. To meet the aggressive schedule and all regulatory requirements for implementation, the Sequoia team designed a CalVTP treatment plan to avoid the need for additional regulatory permitting from other agencies, and to balance environmental protection with the needs of the RCD, the La Honda community, and its stakeholders. Sequoia worked with the RCD to define methodology and phasing of specific treatment prescriptions; and provided detailed recommendations for tree pruning specifications, understory vegetation and shrub treatments, management of cut biomass, timing of treatments, aesthetics, and future maintenance and invasive species considerations.
Sequoia submitted the CalVTP Project-Specific Analysis (PSA) and Addendum for that project, as well as a Biological Resource Report and Cultural Resources Report after preparing and sending project notification letters to NAHC tribes. Upon agency submittal and approval of the PSA, Sequoia will assist with the request for bids and contractor oversight during implementation.
Reference Contact San Mateo Resource Conservation District Timothy Federal, Program Manager, Forest Health and Fire Resilience Phone: 650.712.7765 x124
Email: [email protected]
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 22 East Bay Regional Park District Fuels Reduction Program | ALAMEDA AND CONTRA COSTA COUNTIES | EBRPD
From 2016-2021, Sequoia assisted the East Bay Regional Park District with system-wide implementation of the Wildfire Hazard Reduction and Resource Management Plan, as well as interpretation of a Biological Opinion, Incidental Take Permit, and Environmental Impact Report for the District’s fuels reduction project.
This project extends throughout EBRPD property in Alameda and Contra Costa counties. Sequoia coordinated communication and monthly update meetings with the District, and managed performance of the biomonitoring effort. Sequoia's biologists and technical specialists performed pre-and post-construction surveys, pre-activity surveys, biological monitoring, and long-term monitoring. A large group of Sequoia staff are approved by both the USFWS and CDFW to work with sensitive species on site. Sequoia staff also performed habitat assessments for AWS, identify signs of infection by Phytophthora cinnamomi, facilitated decontamination protocols to prevent the spread of Phytophthora species, and implemented AMMs during fuels treatment activities.
Approved staff members survey, monitor for, assess habitat quality, and conduct environmental trainings for special status species, including Alameda whipsnake, Pallid manzanita, California red-legged frog, Western pond turtle, San Francisco dusky-footed woodrat, California tiger salamander, and Western leatherwood.
Reference Contact East Bay Regional Park District
Kristen Van Dam, Resource Analyst/Ecologist
Phone: 510.544.2324
Email: [email protected]
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 23 Forest Health and Fire Resiliency Project in Huddart & Wunderlich Parks | SAN MATEO COUNTY | SAN MATEO RCD
San Mateo Resource Conservation District (RCD), in collaboration with CAL FIRE and San Mateo County Parks developed high priority fuel reduction treatment projects on county lands in the northern Santa Cruz Mountains for forest health purposes. The collaboration resulted in the development of a forest health fuel reduction project at Huddart and Wunderlich, San Mateo County Parks encompassing 402.1 acres of vegetative treatments and a goal to enhance and restore a forest system challenged by changing climates, a lack of fire, and many homes in close proximity. Project activities primarily included mechanical thinning of vegetation up to 8” in diameter and pest management (Sudden Oak Death), which further improved forest health, fuel reduction, and carbon sequestration goals. These landscape level vegetation treatments have successfully reduced wildfire risk while increasing wildfire management opportunities.
Sequoia was contracted to support the project vegetation treatment prescriptions by conducting special status species and habitat surveys in scheduled work areas. Sequoia biologists conducted nesting bird surveys, assessed trees for bat roosting habitat, and visually searched for wood rat middens. The biologist flagged resources in accordance with RCD flagging conventions, communicated the locations of flagged resources to vegetation treatment crews, and provided the RCD with a daily survey report. Sequoia worked closely with the RCD to provide seamless environmental support aiding in early completion of the project.
Reference Contact David Cowman, Forest Ecologist
San Mateo Resource Conservation District
Office: 650.712.7765 x 107
Email: [email protected]
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 24 Various San Mateo County Fuel Breaks and Vegetation
Management Support | SAN MATEO COUNTY | CAL FIRE & SAN
MATEO COUNTY PARKS
Supporting CAL FIRE’s work on the 70-acre Kings Mountain Road Emergency Shaded Fuel Break Project, Sequoia met with CAL FIRE staff and project representatives to plan for project implementation, special protection measures, and potential operational constraints. Treatments included mechanical treatments (masticators) to create a shaded fuel break along with utilization of hand crews with chippers and burn piles. Sequoia provided focused endangered species and botanical surveys to ensure environmental compliance and adherence to CAL FIRE’s fuel reduction (AMMs). We provided environmental training to CAL FIRE crews, and conducted pre-treatment assessments, collecting data on species cover, composition, and presence of invasive species. Sequoia will conduct post-treatment assessments to determine maintenance intervals for the fuel break. As part of the same project, Sequoia supported the San Mateo County Parks Department, performing focused surveys under our on-call contract to determine the presence of rare plants, primarily Kings Mountain manzanita. Sequoia’s botanists surveyed more than 1,900 acres of park land for this project.
Sequoia worked with CAL FIRE in support of the El Granada-Quarry Park Emergency Shaded Fuel Break Project. This 170-acre project restored a system of access roads and perimeter fuel breaks within a 500- acre eucalyptus stand near Half Moon Bay. Sequoia assisted with project implementation, special protection measures, and potential operational (biological) constraints. Sequoia’s biologists conducted preliminary surveys and mapping 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; as well as biological monitoring and environmental training.
Reference Contact CAL FIRE
Sarah Collamer, CZU Forester I – VMP
Phone: 831.254.1792
Email: [email protected]
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 25 Countywide Wildfire Prevention/Hazard Mitigation
Projects | MARIN COUNTY | MARIN WILDFIRE PREVENTION AUTHORITY Sequoia is supporting the Marin Wildfire Prevention Authority (MWPA) under a second consecutive contract to permit and implement a large number of fire prevention projects throughout Marin County.
Sequoia provides biological services during environmental planning and implementation of the 40+ projects within the work plan. Our biologists conduct literature reviews of biological resources, field assessments, prepare and present environmental trainings, conduct specialized nesting bird and sensitive plant surveys, and provide ongoing specialized expertise to assist the MWPA. We have also assisted in the preparation of Environmentally Sensitive Habitat Area (ESHA) mapping to conform with the Marin County Coastal Zone's Local Coastal Plan, and we prepared a Project-specific Checklist (PSA) in compliance with the CalVTP in support of various MWPA projects.
Sequoia’s early involvement during the planning phase allowed us to assist in designing projects to avoid environmental impacts and maximize available funds. Sequoia biologists performed specialized surveys including nesting bird surveys, sensitive plant surveys, and protocol-level northern spotted owl surveys; as well as invasive species mapping.
This programmatic effort spans all of Marin County and addresses potential impacts to many sensitive species and various sensitive plants. Sequoia meets each month with project stakeholders, including members of the public, to assist MWPA in providing transparency to the public and interested parties regarding environmental compliance and avoidance of resource impacts.
Reference Contact Anne Crealock
Planning and Program Manager
Marin Wildfire Prevention Authority
Tel: (707) 332-0866
Email: [email protected]
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 26 Tunnel East Bay Hills Shaded Fuel Break Project | CONTRA
COSTA COUNTY, CA
Sequoia is supporting the Moraga-Orinda Fire District (MOFD) on its CAL FIRE-funded Tunnel East Bay Hills Shaded Fuel Break Project, an 1,110-acre expansion of the 2019 North Orinda Shaded Fuel Break (NOSFB) project. The project is subject to the California State and Federal Endangered Species Act, the Migratory Bird Treaty Act, and other species protections regulated by USFWS, CDFW, and local agencies.
Sequoia worked with MOFD throughout the planning process, preparing a Project-specific Analysis (PSA) checklist and Addendum to secure permitting under the CalVTP, and performing biological and cultural resource assessments, agency coordination, communication with the public, mapping, and contractor coordination. Before work commenced, Sequoia performed detailed preliminary surveys of proposed work areas, and will also conduct post-treatment surveys of treated areas. Surveys focused on the presence of nesting birds, sensitive species and their habitat, existing erosion or signs of other work already completed, and safety hazards. 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.
Similar to the work Sequoia conducted for the original NOSFB project, our biologists are currently supporting implementation, performing daily monitoring of work and close communication with the crews to ensure that the project is conducted in compliance with project permits. We present environmental training to all crew members, including intensive training on decontamination of equipment, boots, and vehicles to stop the spread of Phytopthora. Treatments monitored have included hand treatment, mastication, controlled burns, pile burning, lop and scatter, chip and haul out, and prescribed herbivory.
Reference Contact Jeff Isaacs, Fire Marshal
Moraga-Orinda Fire District
Tel: (925) 258-4513
Email: [email protected]
Pictured here:
Last month, Sequoia staff were invited to greet
members of the public during the City of Orinda's 2nd
Annual Wildfire Safety and Preparedness Fair (shown
at top left). Sequoia shared the Landowner Look Up
Tool (bottom left) and Best Practices for Home
Hardening Guide (shown at right) we prepared with the
Moraga-Orinda Fire District, and answered questions
about environmental protection measures applied on
the various shaded fuel breaks managed by the
Moraga-Orinda Fire District and Contra Costa County
Fire Protection District in the area.
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 27 At Sequoia, our team is our greatest asset. Our highly qualified and experienced staff are the backbone of our successful project delivery. Our approach and the diversified experience of the staff we have selected to work on the project will allow for combined efforts and cost savings, to maximize the Town’s allocated funds and efforts.
Our Principal-in-Charge, Debie Montana, will serve as primary contact for the Town for the duration of the proposal and contracting process, while Project Manager Kyle Verblauuw will be your point of contact throughout the performance period.
Debie Montana
Principal-in-Charge
Debie Montana will provide project oversight,
managerial support, and assurance that Sequoia
will provide the dedicated resources required to
meet the Town’s needs on this project. Mrs.
Montana feels deeply privileged to lead Sequoia
in supporting wildfire mitigation efforts, playing a
small role in stewarding the land that provides a
retreat and a home to our staff and our families,
and protecting the habitats and species that
inspired her to become a biologist.
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 leads
Sequoia's efforts including:
• San Mateo RCD La Honda Shaded Fuel Break
PSA and Addendum preparation, and
implementation support
• San Mateo County Parks Department and CAL
FIRE focused species and rare plant surveys
for fuel reduction activities covering more
than 2,000 acres of park land throughout San
Mateo County
• Marin Wildfire Prevention Authority planning
and implementation of >40 wildfire
mitigation projects
• Contra Costa County Fire District’s on-call
consultant for planning and implementation
of its programmatic fuels efforts, including
work under the CalVTP
• On-call contract with the East Bay Regional
Park District for biological support on fuel
management projects including more than 30
FEMA-funded projects
• Planning and implementation services for
more than 3,000 acres of fuel break for the
Moraga-Orinda Fire District
Debie’s background and certifications:
20 years of experience in the environmental
industry
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
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 28 Kyle Verblaauw
Project Manager
Kyle Verblaauw is a project manager and biologist
specializing in Northern California’s special-status
species. With a Master’s degree in Environmental
Management from the University of San
Francisco, Kyle oversees some of Sequoia’s
largest programmatic fuels management
implementation compliance efforts, including
management and coordination of staff
performing protocol-level surveys, preconstruction surveys, rare plant surveys, and biological compliance monitoring.
Kyle has worked extensively with species such as
the California tiger salamander, California redlegged frog, and western burrowing owl. He holds a USFWS Recovery Permit and California permits
for these species, and has experience with PIT
tagging, burrow excavations, and amphibian
surveys. His experience with Sequoia includes:
• Biological Project Manager for Marin Wildfire
Prevention Authority during planning and
implementation of >40 wildfire mitigation
projects
• San Mateo County Parks, Edgewood Shaded
Fuels Break, Redwood City, CA
• San Mateo County Parks, Quarry Park Shaded
Fuels Break, El Granada, CA
• Butano State Park Forest Health Project;
Pescadero, CA
• Midpeninsula Regional Open Space District,
Bear Creek Redwood Preserve Phase II Trails
Project; Los Gatos, CA
• Napa County RCD’s CalVTP Project-Specific
Analysis and Addendum for Las Posadas
Forest
• Novato Fire Protection District’s Wildfire
Resiliency Technical Coordinator
• San Rafael Open Space Defensible Fuel
Reduction
• Sonoma County Regional Parks: Hood
Mountain Vegetation Management Planning
Kyle’s background and certifications:
10 years of experience in the environmental
consulting industry
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•
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
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 29 Will Johnson
Program Manager
Will Johnson has 16 years of experience in habitat
restoration, mitigation planning, natural resource
monitoring, and project management. Over the
past decade, he has worked on various projects
throughout northern California, serving as a field
biologist, site superintendent, manager, crew
leader, and equipment operator. Will is adept at
managing projects from proposal to closeout,
ensuring compliance with standard specifications,
plans, and permit requirements.
He has authored site management and long-term
maintenance plans, cost proposals, budgets, and
technical write-ups. Will has collaborated with
and contracted for a diverse range of clients,
including county, state, and federal agencies,
consulting firms, non-profits, special districts, and
private landowners. His work has involved
numerous special status species in Northern
California, and he has conducted rare plant
surveys and managed projects involving species
like the western burrowing owl and Swainson’s
hawk.
Kelyn McGuire
Surveys and Monitoring,
Environmental Training
Kelyn McGuire is an enthusiastic biologist with
more than 2 years of experience in
environmental consulting and biological field
work. With exquisite attention to detail and
ability to coordinate among all parties, Kelyn
serves as Sequoia’s field lead for fuels treatment
monitoring, surveys, and environmental training
for projects with the Contra Costa County Fire
Protection District, as well as the Moraga-Orinda
Fire District. She is experienced at coordinating
and conducting surveys for nesting birds and
special status species including California tiger
salamander, California red-legged frog, Alameda
whipsnake, western pond turtle, and San
Francisco dusky-footed woodrat, among many
others. Kelyn also assists with rare plant surveys
and California spotted owl surveys under the
supervision of senior biologists/botanists, and
bumble bee surveys with a permitted biologist.
Will’s background and certifications:
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
MS, Biological Sciences, University of Rhode Island
BS, Biological Sciences, University of Rhode Island
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
Kelyn’s background and certifications:
2+ years of field experience
BA Environmental Studies (Anthropology),
University of California, Santa Barbara
UC Education Abroad Program, (Anthropology)
University of Edinburgh, Scotland
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 30 Brian Nissen
Surveys and Monitoring,
Environmental Training
More than 6 years of professional experience
working with private industry consulting, federal
and state agencies compliance, and volunteer
research projects
Brian Nissen is a restoration ecologist and field
biologist with over 6 years of experience. He has
worked on ecological restoration and biological
surveys across the San Francisco Bay Area,
focusing on special status species and habitat
restoration. Brian is skilled in project design,
implementation, invasive plant management,
native plant propagation, and irrigation systems.
He holds permits for surveying California tiger
salamander and California red-legged frog and
has extensive experience with these species on
construction projects. Brian has also conducted
surveys for other special status species, including
nesting birds, raptors, burrowing owls, and rare
plants like Santa Cruz robust spineflower.
Additionally, he has over 100 hours of passerine
banding experience with the San Francisco Bay
Bird Observatory.
Nicolas Anderson
Surveys and Monitoring,
Environmental Training, and GIS
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 skills include pointcount, mark-recapture for small mammals and fish, electrofishing, mist netting, spotlighting, dip
netting, seining, hoop netting, telemetry, and
herpetological surveys for wetland IBI
assessments.
Nicolas has conducted threatened and
endangered species surveys across the Midwest,
Southeast U.S., and California. Species he has
worked with include the western pond turtle,
California red-legged frog, Indiana bat, Henslow’s
sparrow, loggerhead sea turtle, northern longeared bat, and greater prairie-chicken. His vegetation surveys have covered species such as
beaked spikerush, slender rush, and western
prairie fringed orchid.
Brian’s background and certifications:
5+ years of field experience
BS, Natural Resources, Fisheries and Wildlife
Science, Oregon State University
10(a)(1)(A) Recovery Permit (PER0011950),
California tiger salamander, California red-legged
frog
CDFW Scientific Collection Permit (SC-190180001)
Nick’s background and certifications:
7+ years of field experience
Wildland Firefighter Type II
BS in Fisheries, Wildlife, and Conservation
biology, University of Minnesota, Twin Cities
NPDES Construction Stormwater Inspector
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) 32 Attachment A - Other Information
Why Choose Sequoia?
Experience with Federally Funded Fuels Management Efforts Sequoia is deeply familiar with the variety of funding mechanisms for California’s fuels management projects. We have worked on dozens of FEMA-funded projects for clients including East Bay Regional Park District, the RCD, and numerous projects through CAL FIRE. We understand the requirements of these projects including invoicing, reporting, and the importance of meeting deadlines and milestones set forth by grants.
Demonstrated Experience with Fire Crews
Sequoia and its staff have coordinated and worked closely with fire crews and agencies including but not limited to:
• CAL FIRE
• Moraga-Orinda Fire District
• Novato Fire District (Full-time staff augmentation)
• Mt. Diablo Fire Safe Council
• California Conservation Corps
• East Bay Regional Park District's Fire Department
• Contra Costa County Fire Protection District
Qualified Biologists with Certifications and Permits to Handle and Survey for Listed Species
Sequoia's staff have all the requisite certifications and permits to provide the range of expertise required to implement the Town’s VMP. Our staff includes GIS Specialists, TRAQ Certified Personnel, a Certified Consulting Botanist, Certified Arborist, and numerous individuals with 10(a)1(A) recovery permits and/or Memorandums of Understanding (MOUs) for sensitive species including: Western bumble bee, California tiger salamander, California red-legged frog, San Francisco garter snake, Foothill yellow-legged frog, California Ridgway’s rail, Western snowy plover, Vernal pool branchiopods, and other sensitive species.
A table showing our team's certifications and licensing is provided below.
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 33 Table. Sequoia Permitted and Certified Staff
Stephen Gergeni MOU attached to SCP; S-201190005-21059-001, Covers 4 CESA-Candidate Bumble Bee Species, Western bumble bee, Crotch's bumble bee, Franklin's bumble bee and Suckley's Cuckoo bumble bee
USFWS 10(a)(1)(A) Recovery Permit #TE-84156D-0, Giant garter snake, California tiger salamander, California red-legged frog
CDFW Scientific Collecting Permit #SC-2011900005, Giant garter snake, California tiger salamander, California red-legged frog, Foothill yellow-legged frog, amphibians, reptiles, small mammals, San Francisco dusky-footed woodrat, California giant salamander, Santa Cruz black salamander, Northern red-legged frog, Western spadefoot toad; Northern alligator lizard Northern pond turtle, Southwestern pond turtle, terrestrial and vernal pool inverts Andrew Ford MOU attached to SCP; S-201190005-21059-001, Covers 4 CESA-Candidate Bumble Bee Species, Western bumble bee, Crotch's bumble bee, Franklin's bumble bee and Suckley's Cuckoo bumble bee
USFWS 10(a)(1)(A) Recovery Permit #TE-66228D-0, California tiger salamander and California red-legged frog
Certified Consulting Botanist CCB-0029
California Endangered Species Act Plant Voucher Collecting Permit 2081 1(a)-19-101-V ISA Tree Risk Assessment Qualification (ISA TRAQ)
ISA Certified Arborist, WE-13284A
Ari Rogers USFWS 10(a)(1)(A) Recovery Permit #TE 41340D-0, California tiger salamander and California red-legged frog
CDFW MOU SC-13818, California tiger salamander (under Woodruff for CTS as an authorized individual)
Certified Ecological Restoration Practitioner-in-Training (CERPIT) CERPIT #0678, Society for Ecological Restoration
California Endangered Species Act Plant Voucher Collecting Permit 2081 1(a)-18-081-V Aurelie Hening Sub-permittee USFWS 10(a)(1)(A) Recovery Permit #TE-34570A-3.2, western snowy plover Brendan Champlin ISA Certified Arborist (WE-13739AU)
Brett Hanshew USFWS 10(a)(1)(A) Recovery Permit #TE-67570A-0, California tiger salamander (Sonoma County-Distinct Population Segment and Santa Barbara County-Distinct Population Segment), California red-legged frog, San Francisco Garter Snake, Vernal pool branchiopods CDFW MOU: SC-009343, California tiger salamander, Foothill yellow-legged frog, and San Francisco Garter Snake
Brian Nissen 10(a)(1)(A) Recovery Permit (PER0011950), California tiger salamander, California red-legged frog
CDFW Scientific Collection Permit (SC-190180001)
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 34 Jesse Reebs USFWS 10(a)(1)(A) Recovery Permit #TE-01769B-3, California tiger salamander, San Francisco Garter Snake, Alameda whipsnake, California Ridgway’s rail CDFW MOU: SC-010272, California tiger salamander, San Francisco Garter Snake, Alameda whipsnake, California Ridgway’s rail
Julie Woodruff USFWS 10(a)(1)(A) Recovery Permit #TE-71409C-0, California red-legged frog, California tiger salamander, and Sierra Nevada yellow-legged frog
CDFW MOU: SC-13782, California tiger salamander, foothill yellow-legged frog, and Sierra Nevada yellow-legged frog
USGS Bird Banding Lab Master Bander #24106, Northern saw-whet owl, western screech-owl, and
burrowing owl
Kyle Verblaauw USFWS 10(a)(1)(A) Recovery Permit #ESPER0045160, California tiger salamander, California red-legged frog
SCP# S-211500002-21363-001, California tiger salamander, California red-legged frog, Pacific treefrog, American bullfrog, Foothill yellow-legged frog, California newt, Redbellied newt, Rough-skinned newt
Ability to Respond Quickly to Changes in Schedule
The nature of these projects lends itself to last-minute schedule changes due to weather, fire risk, and other unpredictable conditions. Sequoia’s team of cross-trained local biologists are already approved by the CDFW and USFWS to survey and monitor for the sensitive species found within the Project area. Because our staff are deployed from our offices in San Jose and Walnut Creek, we require minimal mobilization and travel time. This allows us to hit the ground running at project kickoff, and to rapidly mobilize fully qualified staff, accommodating concurrent work and changing project needs. Sequoia will respond to Town requests within 30 minutes, and we can schedule qualified biologists for field surveys and monitoring efforts within 24 hours of requests, or less.
Full Understanding of PSA Implementation under the CalVTP Sequoia has deep experience in both development and implementation of the PSA process. In addition to supporting clients and contractors during the implementation phase, and monitoring fuel reduction in accordance with environmental measures of the CalVTP, Sequoia has also authored several approved PSAs.
Because we bring this experience, the Town can be assured that Sequoia understands the process thoroughly and can find ways of streamlining certain parts of the process to better benefit species, cost and timelines. Recent Sequoia PSAs can be found (here and here) and Sequoia has contributed to the development of several PSA’s under the Marin Wildfire Prevention Authority (here). As part of past PSA processes, Sequoia has also developed PSA addenda as necessary.
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 35 Client Testimonials and Letters of Recommendation
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 36 East Bay Regional Park District
Kristen Van Dam, Resource Analyst/Ecologist
“Sequoia has provided biological monitoring support for my program for nearly five years. Our program is large and complex, and involves potential impacts to several threatened species. Sequoia is always on top of it. Sequoia’s project managers are sharp, communicative, and thorough. Their biologists are great with the crews, and largely due to their guidance we rarely see compliance issues. They are experts on the species we work with, and leverage their expertise to ensure the least possible risk to them. My project manager provides prompt weekly updates, and monitoring reports arrive complete and clearly organized. Any questions and issues that come up with project compliance are communicated promptly and resolved easily.
One of the most impressive things about Sequoia is that the staff are not there merely to provide a service; staff actively engage in collaborative problem-solving with the client, which has saved my agency money and time. Their staff are highly qualified scientists, but the best kind of scientists – with a keen eye toward communication and customer service. I know that my project manager has my project’s best interests at heart, and I trust them completely. I would recommend Sequoia for any biological compliance project without hesitation.”
Diablo FireSafe Council
Cheryl Miller, Executive Coordinator
“The team at Sequoia Ecological Consulting was critical to effective hazardous fuel reduction for the North Orinda Shaded Fuel Break. By having their biologists evaluate sites before work began we could avoid potential environmental impacts and accelerate the project. Their staff’s expertise continued to guide field crews throughout the work, giving the whole project team confidence that we could adjust the project to meet the best management practices and comply with the myriad of environmental requirements, while reducing the potential of wildfire.”
San Mateo RCD
David Cowman, Forest Ecologist
“I’d like to echo the gratitude for the great communication in addition to the level of flexibility you all have provided throughout the project. These types of projects are tricky to coordinate with all the moving pieces, and I greatly appreciate your willingness to send bios when necessary to fill in when our own staff and County Parks staff weren’t available.”
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ITEM NO. 9.
Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 37 California State Parks, Bay Area District
Natural Resource Program Environmental Scientist
“Sequoia staff were professional, friendly and flexible, even while working in difficult post-wildfire environments with a variety of challenges. The assessments and survey methodologies paid exceptional attention to detail and the resulting deliverables were top notch.” City of Suisun City Public Works
Nick Lozano, Associate Engineer/Project Manager
“Because my emails and phone calls are promptly returned, I always feel that I am Sequoia’s only client. Our projects come with their own unique challenges relating to field conditions and permit restrictions, and Sequoia’s knowledgeable staff has always arrived at feasible and cost-effective solutions that were readily approved by the City and the regulatory agencies. Sequoia’s staff are well-versed on regulatory permits, permitting strategy, and how to complete projects in compliance with regulatory requirements.“ Attachment B - Required Forms
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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-1
ATTACHMENT B - PROPOSAL FORMS
(To be returned with Proposal. Also See Request for Proposal Section 6 for Additional Required Information)
PROPOSER
Name:
Address:
1st Contact person (Name):
Title: Office Tel:
Direct/Cell: Fax:
Email:
2nd Contact person (Name):
Title: Office Tel:
Direct/Cell: Fax:
Email:
BUSINESS TYPE:
Proposer, if selected, intends to carry on the business as (check one):
Individual
Joint Venture
Partnership
Corporation
Year incorporated? In what state?
When authorized to do business in California?
Other (explain):
Sequoia Ecological Consulting, Inc.
99 South Almaden Boulevard, Suite 600, San Jose, CA 95113 Debie Montana
CEO and Principal Biologist 925-855-5500
925-989-7011
[email protected]
Kyle Verblaauw
Project Manager 925-855-5500
201-787-1738
[email protected]
x
2011 California
2011
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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-2
ADDENDA
To assure that all Proposers have received each addendum, check the appropriate box(es) below.
Failure to acknowledge receipt of an addendum/addenda may be considered an irregularity in the Proposal:
Addendum number(s) received (check and initial):
____1
____2
____3
____4
____5
____Other
____No Addendum/Addenda Were Received
ADDITIONAL INFORMATION
Number of years providing the specified service: ______________________________________ Names and titles of all officers and directors:
_____________________________________________________________________________ _____________________________________________________________________________ If an individual or partnership, provide the following information:
Formation date of company: ______________________________________________________ Name and address of all partners, indicating whether they are general or limited partners:
______________________________________________________________________________ _____________________________________________________________________________ 11 Debie Montana, CEO and Principal Biologist; Bill Montana, Secretary/CFO Tashi MacMillen, Principal Director - Technical Services; Sarah Blanchfield, Principal Director - Operations in Management; Melissa Krause, Marketing Director N/A - S Corporation
N/A - owned 100% by Debie Montana, CEO - 1342 Creekside Drive, Walnut Creek, CA 94596 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-3 List the names, titles, and qualifications of the key personnel who will perform work under this Agreement as well as their roles in relation to the Agreement. Identify the primary biologist to be designated for the Town. Include their certifications, experience, and training. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Indicate whether Proposer has ever failed to complete any Agreement awarded to it. If so, note when, where, and why. Attach additional sheets, if necessary. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Indicate whether Proposer has been or is the subject of a bankruptcy or insolvency proceeding or subject to assignment for the benefit of creditors.
______________________________________________________________________________ ______________________________________________________________________________ Principal Biologist - Debie Montana.
All resumes are included in the proposal Appendix.
Sequoia has never failed to complete any agreement in its history.
Sequoia has never been the subject of a bankruptcy or insolvency proceeding.
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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-4
SUBCONTRACTORS
Attached hereto and incorporated herein is the complete and entire list of subcontractors to be employed by the undersigned in the performance of the work.
Company__________________________________________________________________ Location___________________________________________________________________ Describe work to be contracted_________________________________________________ __________________________________________________________________________ Company__________________________________________________________________ Location___________________________________________________________________ Describe work to be contracted: _______________________________________________ __________________________________________________________________________ Company__________________________________________________________________ Location___________________________________________________________________ Describe work to be contracted: ________________________________________________ _________________________________________________________________________ Montrose Environmental Group
266 Grand Ave #210, Oakland, CA 94610
Cultural Resources support (if needed)
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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-5
REFERENCES
List three (3) references for work of a similar nature to the Services performed within the last five (5) years. References should be from a California municipality, county or a state or federal agency if possible. Preference will be given for references whose work was similar in scope and character to the Project.
Reference 1
Name of Agency:
Agency Address:
Contact Name and
Title:
Contact Telephone:
Contact Email:
Contract Amount:
Description of
Services Provided:
Date Services Were
Provided:
Reference 2
Name of Agency:
Agency Address:
Contact Name and
Title:
Contact Telephone:
Contact Email:
Contract Amount:
Moraga-Orinda Fire District
120 Moraga Way, Moraga, CA 94556
Jeff Isaacs, Fire Marshal
(925) 258-4513
[email protected]
Sequoia has provided environmental compliance support to MOFD on its vegetation management and shaded fuel break projects since 2019. Our role has spanned the full process including providing grant application support and mapping, habitat assessments, project planning, PSA and associated document preparation under the CalVTP, treatment prescriptions, public outreach, and implementation compliance. 2019 – Present
CAL FIRE
059 Highway 9, Felton, CA 95018
Sarah Collamer, CZU Forester I – VMP
(831) 254-1792 (cell)
[email protected]
$1,316,268.93 to date
$32,322
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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-6 Description of
Services Provided:
Date Services Were
Provided:
Reference 3
Name of Agency:
Agency Address:
Contact Name and
Title:
Contact Telephone:
Contact Email:
Contract Amount:
Description of
Services Provided:
Date Services Were
Provided:
RESERVATION
It is understood that the Town reserves the right to reject this Proposal, but that this Proposal shall not be withdrawn for a period of 45 days from the date prescribed for its opening.
DISCLOSURE
The undersigned declares that this Proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that the Proposal is genuine and not collusive or sham; that the undersigned has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal and has not directly or indirectly colluded or agreed with any Proposer or anyone else to put in a sham Proposal or to refrain from bidding; that the undersigned has not directly or indirectly sought by agreement, communication or conference with anyone to fix his/her Proposal price or the Proposal price of any other Proposer, or to fix any overhead, profit or cost element of such Proposal price or of that of any other Proposer, or to secure any advantage against the Town of Sequoia provided focused endangered species and botanical surveys to ensure environmental compliance in advance of fuel reduction activities and adherence to CAL FIRE’s Fuel Reduction Avoidance and Minimization Measures (AMMs).
July 2019
San Mateo Resource Conservation District
80 Stone Pine Road, Suite 100 Half Moon Bay, CA 94019
David Cowman, Forest Ecologist
650.712.7765 x 107
[email protected]
Sequoia has supported programmatic vegetation treatment activities for the RCD on an as-needed basis, conducting nesting bird and special-status species surveys, habitat and tree assessments, bat roosting habitat assessments, and visual searches for woodrat middens. We recently submitted a PSA for the La Honda Fuel Break project, which recently started implementation, which Sequoia is monitoring.
June 2021 – Present
$323,471.79 to date
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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-7 Los Gatos or anyone interested in the proposed Contract; that the only persons or parties interested in this Proposal as principals are those named herein; that all statements contained in this Proposal are true; that the undersigned has not directly or indirectly, submitted his/her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any other persons, partnership, corporation, or association except to such person or persons as have a direct financial interest in Proposer’s general business; and that the undersigned has not accepted any Proposal from any subcontractor or vendor through any Proposal depository, the Bylaws, Rules or Regulations of which prohibit or prevent the undersigned from considering any Proposal from any subcontractor or vendor, which is not processed through said Proposal depository, or which may prevent any subcontractor or vendor from bidding to any general contractor who does not use the facilities of or accept bids from or through such Proposal depository; and that the undersigned has not paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, or to any member or agent thereof to effectuate a collusive or sham Proposal.
WORDS AND PHRASES
Wherever in this Proposal an amount is stated in both words and figures, in case of discrepancy between words and figures, the words shall prevail; if all or any portion of the Proposal is required to be given in unit prices and totals and a discrepancy exists between any such unit prices and totals so given, the unit prices shall prevail.
CERTIFICATION
The undersigned certifies that the Proposal Documents have been thoroughly read and understood and that, except as may be specifically noted and contained in addenda, there are no discrepancies or misunderstandings as to the meaning, purpose or intent of any provision in the Proposal Documents or as to the interpretation of the same. The undersigned hereby incorporates by reference, the same as though set out in full, all provisions of Request for Bids published by the Town and pertaining to the work described in this Proposal.
The names of all persons Interested in the foregoing Proposal as principals are as follows:
____________________________________________________________________________ Important Notice: If Proposer or other interested person is a corporation, give legal name of corporation, state where incorporated and names of the president and secretary thereof; if a partnership, give name of the firm, also names of all individual co-partners composing firm; if Proposer or other interested person is an individual, give first and last names in full.
PROPOSER’S SIGNATURE
No Proposal shall be accepted which has not been signed in ink in the appropriate space below:
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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-8 By signing below, the submission of a Proposal shall be deemed a representation and certification by the Proposer that they have investigated all aspects of the RFP, that they are aware of the applicable facts pertaining to the RFP process, its procedures and requirements, and they have read and understand the RFP. No request for modification of the Proposal shall be considered after its submission on the grounds that the Proposer was not fully informed as to any fact or condition.
(1) If Proposer is INDIVIDUAL,
sign here:
Proposer’s Signature
Proposer’s typed name and title
Date:
(2) If Proposer is PARTNERSHIP or
JOINT VENTURE, at least (2) Partners
or each of the Joint Venturers
shall sign here:
Partnership or Joint Venture Name
(type or print)
Signature
Name of Member of the Partnership or Joint
Venture (type or print)
Date:
Signature
Name of Member of the Partnership or Joint
Venture Name (type or print)
Date:
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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-9 (3) If Proposer is a CORPORATION,
the duly authorized officer(s) shall
sign as follows: The undersigned certify that they are respectively:
(Title)
and (Title)
of the corporation named below; that they are
designated to sign the Proposal Cost Form by
resolution (attach a certified copy, with corporate
seal, if applicable, notarized as to its authenticity or Secretary’s certificate of authorization) for and on
behalf of the below named CORPORATION, and that
they are authorized to execute same for and on
behalf of said CORPORATION.
Corporation Name (type or print)
Signature
Name and Title (type or print)
Date:
Signature
Name and Title (type or print)
Date:
Corporation – 2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):
Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President
Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer
Chief Executive Officer
Chief Financial Officer
Sequoia Ecological Consulting, Inc.
Debie Montana, CEO and Principal Biologist
June 27, 2024
Bill Montana, Chief Financial Officer
June 27, 2024
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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-10
CONFLICT OF INTEREST STATEMENT
This form must be printed out, completed, and submitted with the Bid.
The undersigned declares:
I/We ___________________________ (Insert Name) have the following financial, business, or other relationship with Town of Los Gatos that may have an impact upon the outcome of the contract. If none, please specify that no other relationships may have an impact on this contract or Project.
I/We (Insert Name) have the following current clients who may have a financial interest in the outcome of this contract. If none, please specify that no other clients may have a financial interest with an impact on this contract or Project.
Pursuant to Government Code section 1090 and any other laws, rules and regulations that may apply, the Proposer covenants that neither it, its subcontractors nor employees presently have an interest, and shall not acquire any interest, direct or indirect, financial or otherwise that would conflict in any manner or degree with contract awarded from this Request for Bids. Proposer certifies that to the best of its knowledge, no one who has or will have any financial interest in the contract awarded from this RFB is an officer or employee of the Town. Through its submittal of a Bid, Proposer acknowledges that it is familiar with Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California and will immediately notify the Town if it becomes aware of any facts concerning the contract to be awarded that constitute a violation of said provisions.
Furthermore, if there is reason to believe that collusion exists among the Proposers, the Town may refuse to consider Proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one Proposal for the same work unless alternate Proposals are called for. A person, firm, or corporation who has submitted a sub-proposal to a Proposer, or who has quoted prices on materials to a Proposer, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Proposers. Reasonable ground for believing that any Proposer is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among the Proposers, the Town may refuse to consider Proposals from participants in such collusion.
Proposers shall submit as part of their Proposal documents the completed Non-Collusion Declaration provided herein.
Not Applicable
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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-11 I, on behalf of the Proposer, 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].
Proposer Name (Person, Firm, Corp.)
Address
______________________________________________________________________________ Town, State, Zip
_________________________________ ___________________________________ Title of Authorized Representative Name of Authorized Representative ________________ ___________________________________
(Date) (Signed)
June 27, 2024 California
Sequoia Ecological Consulting, Inc.
1342 Creekside Drive Walnut Creek, CA 94596
CEO and Principal Biologist Debie Montana
JUne 27, 2024
Walnut Creek
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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-12 BYRD ANTI-LOBBYING AMENDMENT 31 U.S.C. § 1352
(AS AMENDED)
This form must be printed out, completed, and submitted with the Bid.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
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