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 to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment). All comments received will become part of the record.
(3) Deadlines to submit written comments are:
11:00 a.m. the Thursday before the Council meeting for inclusion in the agenda packet. 11:00 a.m. the Monday before the Council meeting for inclusion in an addendum. 11:00 a.m. on the day of the Council meeting for inclusion in a desk item. (4) Persons wishing to make an audio/visual presentation 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.
CALL MEETING TO ORDER
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
FEBRUARY 18, 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
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)).
PLEDGE OF ALLEGIANCE
CONSENT ITEMS (Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may remove an item from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on Page 1 of this agenda. If an item is removed, the Mayor has the sole discretion to determine when the item will be heard.)
1. Approve the February 4, 2025 Closed Session Town Council Meeting Minutes.
2. Approve the February 4, 2025 Town Council Meeting Minutes.
3. Approve the February 11, 2025 Closed Session Town Council Meeting Minutes.
4. Adopt a Planned Development Ordinance to Allow Demolition of an Existing Senior Living Community and Construction of a Senior Living Community, Removal of Large Protected Trees, and Site Improvements Requiring a Grading Permit on Property Zoned R:PD.
Located at 110 Wood Road. APN 510-47-038. An Environmental Impact Report has been Certified for the Project. Planned Development Application PD-20-001 and Environmental Impact Report EIR-21-002. Applicant: Rockwood Pacific. Property Owner: Front Porch Communities. Project Planner: Sean Mullin.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Repealing and Replacing Planned Development Ordinance 938 Establishing Development Standards and Allowable Uses for Lots Within the Planned Development Overlay Zone (APN 510-47- 038).
5. Receive the Monthly Financial and Investment Report for December 2024.
6. Authorize the Town Manager to Execute the First Amendment to a Contract with Anvil Builders, Inc. dba Sonoma Tree Surgery to Extend the Term of Performance to September 30, 2027 for Vegetation Management – Townwide Open Spaces Project (CIP No. 832- 4508).
7. Adopt a Resolution Rejecting All Bids for the Montebello Bollard Project (CIP No. 813- 0235).
8. Authorize the Town Manager to Execute a Fifth Amendment to the Agreement for Services with St. Francis Electric, Inc. for Traffic Signal and Streetlight Maintenance, and Underground Service Alert Locating Services to Increase the Contract Amount of $90,000, for a Total Agreement Amount Not to Exceed $1,098,948; and Amend the Rate Schedule.
9. Authorize The Town Manager to Execute an Agreement with Sustainable Waze to Continue to Produce, Manage, and Promote Los Gatos Music in The Park Summer Concert Series through 2027 for $20,000 Annually, for a Total Amount Not to Exceed $60,000.
10. Authorize the Town Manager to Execute a Second Amendment with Chavan & Associates, LLP. to Extend the Contract for One Year, Update the Scope of the Original Agreement, and Increase Compensation by $56,500 for a Total Agreement Amount Not to Exceed $189,000.
11. Approve the 2025-2027 Strategic Priorities.
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.) OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
12. Approve the 2025 Work Plan Recommended by the Parks and Sustainability Commission.
13. Authorize the Town Manager to Execute a Pass-Through Agreement with CSG, Inc. for the Review of Land Development Entitlement Applications and Subsequent Construction Plan Review and Inspection Services in an Amount Not to Exceed $500,000; and Authorize Revenue and Expenditure Budget Adjustments in the Amount of $150,000 to Recognize Deposits (Program 5999) and Permit Revenue (Program 5202) and Associated Expenditures for CSG Services.
14. Mid-Year Budget Report - July 1 - December 31, 2024:
a. Receive the FY2024-25 Mid-Year Budget Report, including the FY 2024-25 Year End Projections
b. Authorize Budget Adjustments as Recommended in the Mid-Year Budget Report c. Receive the Town Five Year Financial Projection from FY 2025-26 to FY 2029-30.
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.)
15. Adopt a Resolution Modifying the Comprehensive Fee Schedule for Fiscal Year (FY) 2024- 25 Amending Certain Fees, Rates, and Charges for FY 2024-25.
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 CLOSED SESSION MINUTES
MEETING DATE: 02/18/2025
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, February 4, 2025
6:00 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 6:00 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)
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code §54956.9(e)(1))
Significant exposure to litigation pursuant to Government Code §54956.9(e)(1): 1 case The Town Council reconvened in open session. There was no reportable action.
ADJOURNMENT
The meeting adjourned at approximately 6:50 p.m.
Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Town Clerk Chris Constantin, Town Manager
ITEM NO. 1.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/18/2025
ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
Tuesday, February 4, 2025
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
Council Member Rennie led the Pledge of Allegiance. The audience was invited to participate.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Minutes of the January 21, 2025 Closed Session Town Council Meeting.
2. Approve the Minutes of the January 21, 2025 Town Council Meeting.
3. Adopt 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. ORDINANCE 2370
4. Adopt 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.
ITEM NO. 2.
PAGE 2 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of February 4, 2025 DATE: February 4, 2025
5. Adopt an Ordinance Establishing Development Standards and Allowable Uses for Lots Within the Planned Development Overlay Zone, Allowing 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. 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. ORDINANCE 2371
6. Authorize the Town Manager to Execute the Second Amendment to the Agreement for Consultant Services with DKS Associates to Extend the Term of the Agreement to September 30, 2025.
7. Authorize the Town Manager to Execute an Agreement not to exceed $189,646 with Lisa Wise Consulting, Inc. for Consulting Services to Update and Provide Additional Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential Developments.
8. Approve the 2025 Work Plans Recommended by the Town’s Library Board, Arts and Culture Commission, Complete Streets and Transportation Commission, and Finance Commission.
Mayor Hudes pulled items eight and four.
Mayor Hudes stated that pulled consent items would be heard after verbal communications.
Mayor Hudes opened public comment.
Rachel Hinojosa, Bonnie View Mobile Home Park
- Commented on parking concerns related to item four.
Rich Stevens
- Commented on concerns with item four.
Jim
- Commented on parking concerns on Oka Road.
Mayor Hudes closed public comment.
MOTION: Motion by Council Member Ristow to approve consent items one through three and five through seven. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
ITEM NO. 2.
PAGE 3 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of February 4, 2025 DATE: February 4, 2025
VERBAL COMMUNICATIONS
Jariah Jaug, Build a Future
- Requested Council pass a resolution to support affordable childcare.
Durga Acharya, Build a Future
- Requested Council pass a resolution to support affordable childcare.
Claire Baynes, Build a Future
- Requested Council pass a resolution to support affordable childcare.
Sean McCormick, Build a Future
- Requested Council pass a resolution to support affordable childcare.
Angela Boles King
- Commented on keeping the Firehouse.
Gus Who
- Commented on water rates, sports events, and concerns with safety on Lynne Avenue.
Lynley
- Commented on concerns and creating a family-friendly atmosphere.
Lee Fagot
- Commented on concerns with safety and parking at a proposed development on Oka Road.
ITEM PULLED FROM CONSENT
4. Adopt 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.
ORDINANCE 2372
Sean Mullin, Planning Manager, provided information addressing public comments received.
Mayor Hudes opened public comment.
Lana
- Commented on concerns with public transit.
ITEM NO. 2.
PAGE 4 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of February 4, 2025 DATE: February 4, 2025
Mayor Hudes closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Badame to adopt an ordinance in Attachment 1 amending Chapter 29 (Zoning Regulations) of the Town Code regarding parking standards pursuant to Implementation Program AA of the 2023-2031 Housing Element. Seconded by Vice Mayor Moore.
VOTE: Motion passed unanimously.
8. Approve the 2025 Work Plans Recommended by the Town’s Library Board, Arts and Culture Commission, Complete Streets and Transportation Commission, and Finance Commission.
Chris Constantin, Town Manager, provided additional information on the workplans.
Mayor Hudes opened public comment.
No one spoke.
Mayor Hudes closed public comment.
Council discussed this item.
MOTION: Motion by Council Member Badame to approve the 2025 work plans recommended by the Town’s Library Board, Arts and Culture Commission, Complete Streets and Transportation Committee, and Finance Commission. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously.
Council Member Ristow recused herself from item nine due to the location of her residence and left the Council Chambers.
PUBLIC HEARINGS
9. Consider a Recommendation by the Planning Commission to Approve a Planned Development for Construction of a Senior Living Community, Removal of Large Protected Trees, and Site Improvements Requiring a Grading Permit on Property Zoned R:PD; Adopt a Resolution Certifying the Final Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP); and Introduce an Ordinance Repealing Establishing Development Standards and Allowable Uses for Lots Within the Planned Development Overlay Zone. Located at 110 Wood Road. APN 510-47-038. An Environmental Impact Report has been Prepared for the Project. Planned Development
ITEM NO. 2.
PAGE 5 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of February 4, 2025 DATE: February 4, 2025
Application PD-20-001 and Environmental Impact Report EIR-21-002. Applicant: Rockwood Pacific. Property Owner: Front Porch Communities. Project Planner: Sean Mullin.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Repealing and Replacing Planned Development Ordinance 938 Establishing Development Standards and Allowable Uses for Lots Within the Planned Development Overlay Zone. RESOLUTION 2025-003
Council provided the following disclosures:
Vice Mayor Moore visited the site and met with project developers; Council Member Rennie met with the developers;
Council Member Badame walked the site and met with the developers; Mayor Hudes stated he met with the developers, viewed the site, and met with neighbors of the project.
Sean Mullin, Planning Manager, presented the staff report.
Representatives of Rockwood Pacific, Applicant, provided opening remarks and commented in support of the project.
Mayor Hudes opened public comment.
Rob Stump
- Commented on the wildfire safety and stated support for the project.
Carin Yamamoto
- Commented on concerns with the proposed project.
Catherine Sommers
- Commented in support of the project.
Julie Southern
- Commented on concerns with the six-story proposal.
Alan Feinberg
- Commented in support of the proposed project.
Dima Rozenblat
- Commented in support of the proposed project.
Annie Schwartzstein
- Commented in support of the proposed project.
ITEM NO. 2.
PAGE 6 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of February 4, 2025 DATE: February 4, 2025
Grant Sedgwick
- Commented in support of the project.
Tom Picraux
- Commented in support of the proposed project.
Rich Stevens
- Commented on concerns with the proposed project and requested Council reject the project.
John Shepardson
- Commented on concerns with the proposed project.
Lee Fagot
- Commented on concerns with the proposed project.
Mayor Hudes closed public comment.
Representatives of Rockwood Pacific, Applicant, provided closing comments and answered Council questions.
Mayor Hudes called a recess at 9:06 p.m.
The meeting was reconvened at 9:12 p.m.
Council discussed the item and commented about adding a condition of approval to convert 11 units to BMR (Blow Market Rate units)
Gabrielle Whelan, Town Attorney stated the Council could add a general condition to the end of the performance standards that are in the ordinance to read: prior to issuance of the first building permit, the applicant agrees to implement the commitment to begin enrolling 11 market rate units at the El Sombroso Oaks Senior Housing Community in either the Property Based or Housing Choice Voucher program as described in its letter dated February 4 and included as a desk item. The Town Attorney also stated the performance standards need to have the Parks and Public Works conditions added from the Planning Commission staff report.
MOTION: Motion by Council Member Badame to adopt the draft resolution in Attachment 3 to make the required CEQA Findings of Fact in Attachment 3 - Exhibit A; certify the Final EIR in Attachment 2; and adopt the mitigation monitoring and reporting program in Attachment 3 - Exhibit B; and introduce the ordinance in Attachment 4 affecting the zone change and approving Planned Development Ordinance Application PD-20-002 with modification of the proposed alternate design per Attachment 12 for a net loss of two units and also adding the general condition and performance standards as stated by the Town Attorney (“prior to issuance of the
ITEM NO. 2.
PAGE 7 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of February 4, 2025 DATE: February 4, 2025
first building permit, the applicant agrees to implement the commitment to begin enrolling 11 market rate units at the El Sombroso Oaks Senior Housing Community in either the Property Based or Housing Choice Voucher program as described in its letter dated February 4 and included as a desk item”); and add the Parks and Public Works conditions added from the Planning Commission staff report are part of the ordinance that is being introduced. Seconded by Vice Mayor Moore.
VOTE: Motion passed 4-0. Council Member Ristow recused.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Rennie stated he attended a Silicon Valley Clean Energy Authority (SVCEA) Risk Oversight Committee meeting, a Valley Water Commission meeting; met with Melissa form KCAT; attended the new County Supervisor swearing-in; and met with the La Rinconada Golf Course Project team.
- Vice Mayor Moore stated he attended a Los Gatos Anti Racism Coalition Town Hall; attended the Town’s all employee breakfast, the Peninsula Division League of California Cities Legislative Address, the swearing-in of County Supervisor Margaret Abe-Koga, a Red Cross California Wildfires Elected Official Briefing, a Valley Transportation Authority (VTA) press conference, a CalCities informational meeting on the impact of immigration orders; and requested the Council consider agendizing an item to discuss the impact of the new policies coming from the federal administration related to federal grants and funding. - Council Member Ristow stated she attended a SVCEA Board meeting, a VTA Policy Advisory Committee meeting; met with the Vice Chair of VTA Policy Advisory Committee, a Los Gatos Anti-Racism Coalition Town Hall; served employees at the Town’s all employee breakfast; attended a Silicon Valley Peninsula Division Legislative Address, the swearing-in of County Supervisor Margaret Abe-Koga, a documentary screening “Blindspot” at the Palo Alto Jewish Community Center (JCC); met with the Los Gatos Chamber of Commerce Executive Director, the Los Gatos Little League President, members of the West Valley Muslim Association, the Complete Streets and Transportation Commission Chair, the leadership at La Rinconada Club, the Executive Director of Safe Routes to School, and KCAT. - Council Member Badame stated she participated in a Silicon Valley Animal Control Authority (SVACA) Board meeting; met with Ryan Rosenberg of Los Gatos Thrives Foundation; met with the Executive Director of the West Valley Solid Waste Management; and attended a Council Policy Committee meeting.
- Mayor Hudes stated he met with community members regarding SB 330 and Builders Remedy; attended the Town’s all employee breakfast, a meeting of Mayors by San Jose Mayor Matt Mayhan, a Cities Association Board meeting, a West Valley Mayors and Managers meeting, a Council Policy Committee Meeting; and commented on the Los Gatos Thrives Monday movies.
The Mayor agreed to work with the Town Manager to create a future item agenda related to Vice Mayor Moore’s request regarding federal funding.
ITEM NO. 2.
PAGE 8 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of February 4, 2025 DATE: February 4, 2025
Town Manager Matters
- Addressed the White House Office of Management and Budget memorandum regarding pausing disbursement of federal funds.
- Announced wayfinding signage has been installed.
- Announced a mid-year recruitment for two short-term seats for the General Plan Committee, two short-term seats for the Personnel Board, and the Planning Commission.
Applications are due February 24, and interviews will be held on Tuesday, March 4. - Announced Town Administrative Offices will be closed on Feb 17 in observance of the Presidents’ Day holiday.
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session to discuss anticipated litigation and there is no reportable action.
ADJOURNMENT
The meeting adjourned at 10:04 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: 02/18/2025
ITEM NO: 3
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, February 11, 2025
5:00 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 5:00 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)
None.
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
The Town Council reconvened in open session. There was no reportable action.
ADJOURNMENT
The meeting adjourned at approximately 6:45 p.m.
Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Town Clerk Chris Constantin, Town Manager
ITEM NO. 3.
PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/18/2025
ITEM NO: 4
DATE: February 13, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Planned Development Ordinance to Allow Demolition of an Existing Senior Living Community and Construction of a Senior Living Community, Removal of Large Protected Trees, and Site Improvements Requiring a Grading Permit on Property Zoned R:PD. Located at 110 Wood Road. APN 510-47-038. An Environmental Impact Report has been Certified for the Project. Planned Development Application PD-20-001 and Environmental Impact Report EIR-21-002. Applicant: Rockwood Pacific. Property Owner:
Front Porch Communities. Project Planner: Sean Mullin.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Repealing and Replacing Planned Development Ordinance 938 Establishing Development Standards and Allowable Uses for Lots Within the Planned Development Overlay Zone (APN 510-47-038).
RECOMMENDATION:
Adopt an ordinance (Attachment 1) repealing and replacing Planned Development Ordinance 938 establishing development standards and allowable uses for property within the Planned Development Overlay Zone for property located at 110 Wood Road.
BACKGROUND:
At the regular meeting of February 4, 2025, the Town Council held a public hearing to consider a request for approval of a Planned Development for construction of a senior living community, removal of large protected trees, and site improvements requiring a Grading Permit on property zoned R:PD; adopt a resolution certifying the Final Environmental Impact Report (EIR) and adopting the Mitigation Monitoring and Reporting Program (MMRP); and introduce an Ordinance establishing development standards and allowable uses for lots within the Planned Development Overlay Zone located at 110 Wood Road. The Council adopted a resolution certifying the EIR and adopting the MMRP; and introduced an Ordinance repealing and
ITEM NO. 4.
PAGE 2 OF 2
SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
DATE: February 13, 2025
replacing Planned Development Ordinance 938 by a 4-0 vote with Council Member Ristow Recused. Included in the Council’s action was the addition of a condition requiring that, prior to issuance of a Building Permit, the applicant implement their commitment to begin enrolling 11 below market price units at the El Sombroso Oaks Senior Housing Community located at 15860 Poppy Lane in Los Gatos in either the community-based or housing choice voucher program as described in the applicant’s letter dated February 4, 2025, which was included as a Desk Item to the February 4, 2025, Town Council Staff Report. This requirement has been added as an additional performance standard included as Exhibit C to Attachment 1.
This Ordinance is returning to the Town Council for final adoption. The Ordinance will take effect 30 days after its adoption.
COORDINATION:
This report was coordinated with the offices of the Town Manager and Town Attorney.
ENVIRONMENTAL REVIEW:
An EIR for the project was certified and a MMRP was adopted by the Council on February 4, 2024.
PUBLIC COMMENTS:
Public comments received between 11:01 am, Tuesday, February 4, 2025, and 11:00 am, Thursday, February 13, 2025, are included as Attachment 2.
ATTACHMENTS:
1. Draft Planned Development Ordinance with Exhibit A Rezone Area, Exhibit B Development Plans, and Exhibit C Performance Standards
2. Public comments received between 11:01 am, Tuesday, February 4, 2025, and 11:00 am, Thursday, February 13, 2025
ITEM NO. 4.
1 of 4
Draft Ordinance Adoption Date
ATTACHMENT 1
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING AND REPLACING PLANNED DEVELOPMENT ORDINANCE 938
ESTABLISHING DEVELOPMENT STANDARDS AND ALLOWABLE USES FOR LOTS
WITHIN THE PLANNED DEVELOPMENT OVERLAY ZONE
FOR PROPERTY LOCATED AT
110 WOOD ROAD (APN 510-47-038).
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I. Planned Development Overlay Zone
The Town Code of the Town of Los Gatos is hereby amended to change the zoning on property located at 110 Wood Road (APN 510-47-038) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from R:PD (Residential, Planned Development) to R:PD (Residential, Planned Development). Ordinance number 938, passed and adopted by the Town Council of Los Gatos on March 4, 1968, is hereby repealed and replaced with this Ordinance.
SECTION II. Uses and Improvements Authorized.
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements:
1. Demolition of all existing buildings on the site;
2. Construction of a new senior living facility as shown on the Official Development Plans (Exhibit B);
3. Removal of 192 trees, including 8 large protected trees;
4. Site improvements requiring a Grading Permit; and
5. Uses permitted are a senior living facility with independent units and supporting care units.
SECTION III. Compliance with Other Development Standards.
All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise.
SECTION IV. Architecture and Site Approval Required.
Architecture and Site Approval is required prior to submitting for Building, Tree Draft Ordinance: subject to
modification by Town Council
based on
deliberations and direction
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Draft Ordinance Adoption Date
Removal, and/or Grading Permits. Construction permits shall only be in a manner complying with Section 29.80.130 (PD Ordinance) of the Town Code.
SECTION V. Official Development Plan.
The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the Official Development Plan.
SECTION VI. Performance Standards.
The performance standards included as Exhibit C, must be complied with before issuance of any grading, or construction permits (mitigation measures are so noted and are flagged with an asterisk).
SECTION VII. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Ordinance and shall not affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Ordinance might be declared unconstitutional, preempted, or otherwise invalid.
SECTION VIII. Findings.
With respect to findings required for the Planned Development, the Town Council finds as follows:
Required finding for CEQA:
An Environmental Impact Report (EIR) was prepared for the proposed development. By Resolution, the Town Council made the CEQA Findings of Facts, certified the Final EIR, and adopted the Mitigation Monitoring and Reporting Program.
Required consistency with the Town’s General Plan:
That the proposed Zone Change is consistent with the General Plan and its Elements in that the proposed development provides much needed senior housing and continuing care services to the Town.
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Compliance with Hillside Specific Plan:
The project is in compliance with the Hillside Specific Plan in that the site has served as a senior living facility since 1971 and would continue to do so under the proposed PD. The project includes: modernization of the facility, circulation system, and safety characteristics; an increase in the open space area; and would include a similar number of living units, staff levels, and traffic generation. The proposal is consistent with the development criteria included in the plan.
Required findings for the adoption of a Planned Development Ordinance:
As required by Section 29.80.095 of the Town Code for adoption of a Planned Development Ordinance:
1. The proposed Planned Development complies with Chapter 29, Article VIII, Division 2 of the Town Code.
2. The proposed Planned Development is consistent with the General Plan in that the
3. development provides much needed senior housing and continuing care services to the Town.
4. The proposed Planned Development is consistent with the Hillside Specific Plan in that the project includes: modernization of the existing facility, circulation system, and safety characteristics; an increase in the open space area; and would include a similar number of living units, staff levels, and traffic generation to the existing facility.
5. The proposal is consistent with the development criteria included in the plan. The Planned Development Ordinance provides a public benefit to the Town by providing much needed senior housing and continuing care services.
SECTION IX. Publication.
In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
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SECTION X. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 4th day of February 2025, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the 18th day of February 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. 4.
WOOD RD
BROADWAY
W MAIN ST
SB HIGHWAY 17
NB HIGHWAY 17 S CREEK TRAIL
TAIT AV
VICTORY LN
S SANTA CRUZ AV
FARWELL LN
NB 17 TO S SANTA CRUZ
FAIRVIEW PLZ
BAYVIEW AV
CLIFTON AV
OAK KNOLL RD
TOWN OF LOS GATOS
Application No.
Change of zoning map amending the Town Zoning Ordinance.
Zone Change
Prezoning
From: R:PD To: R:PD
PD-20-001 A.P.N. # 510-47-038
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator:
Date:
Mayor:
Date:
Ord:
§
Santa Clara
County
Town of
Los Gatos
ATTACHMENT 1
EXHIBIT A
November 13, 2024
February 18, 2025
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EXHIBIT B
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ATTACHMENT 1
EXHIBIT C
TOWN COUNCIL – February 18, 2025
PERFORMANCE STANDARDS FOR:
110 Wood Road
Planned Development Application PD-20-001
Environmental Impact Report EIR-21-002
Consider a Recommendation by the Planning Commission to Approve a Planned Development for Construction of a Senior Living Community, Removal of Large Protected Trees, and Site Improvements Requiring a Grading Permit on Property Zoned R:PD. APN 510-47-038. An Environmental Impact Report has been Prepared for the Project.
Applicant: Rockwood Pacific
Property Owner: Front Porch Communities
PERFORMANCE STANDARDS
The following performance standards must be complied with before issuance of any grading, or construction permits (mitigation measures are so noted and are flagged with an asterisk):
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. OFFICIAL DEVELOPMENT PLANS: The Official Development Plans provided are conceptual in nature. Final building footprints, building designs, colors, and materials shall be determined during the Architecture and Site approval process.
2. ARCHITECTURE AND SITE APPROVAL REQUIRED: A separate Architecture and Site application and approval is required for the project. The Architecture and Site application may be reviewed by the Development Review Committee.
3. OFFSITE BELOW MARKET PRICE COMMITMENT: Prior to issuance of the first Building Permit, the applicant shall begin enrolling 11 below market price units at the El Sombroso Oaks Senior Housing Community, located at 15860 Poppy Lane in Los Gatos, in either the community-based or housing choice voucher program as described in the applicant’s letter dated February 4, 2025 and included as a desk item to the February 4, 2025 Town Council Staff Report.
4. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review.
ITEM NO. 4.
5. ARBORIST REQUIREMENTS: All recommendations of the 2018 project arborist report and 2020 arborist report update (HortScience Bartlett Consulting) shall be followed
6. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for trees approved for removal prior to the issuance of demolition or grading permits.
7. REPLACEMENT TREES: New trees shall be planted to mitigate the loss of trees being removed. The number of trees shall be determined using the canopy replacement table in the Tree Protection Ordinance.
8. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties prior to final inspection and issuance of occupancy permits.
9. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees and shall remain through all phases of construction. Refer to the 2018 project arborist report and 2020 arborist report update (HortScience Bartlett Consulting) requirements.
Fencing shall be six-foot high cyclone attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans.
10. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security.
11. FINAL UTILITY LOCATIONS: The applicant shall submit plans showing the final locations and screening of all exterior utilities, including but not limited to, backflow preventers, Fire Department connections, transformers, utility boxes and utility meters. Utility devices shall be screened to the satisfaction of the Director of Community Development. The plans shall be submitted for review and approval prior to issuance of building permits for new construction.
12. PLAN INCONSISTENCY: Any inconsistencies between sheets shall be limited to whichever is more restrictive.
13. *AIR QUALITY MITIGATION MEASURE AQ-6-5a: During construction, the project contractor shall implement the following measures to reduce emissions of fugitive dust and engine exhaust DPM, subject to review and approval by the Community Development Director. These measures shall be included in the project plans, prior to issuance of a demolition permit:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered three (3) times per day and at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe; b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered;
c. Avoid tracking visible soil material on to public roadways by employing the following measures if necessary: (1) Site accesses to a distance of 100 feet from public paved roads shall be treated with a 6 to 12-inch compacted layer of wood chips, mulch, or gravel and (2) washing truck tires and construction equipment prior to leaving the site;
ITEM NO. 4.
d. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited;
e. All vehicle speeds on unpaved roads shall be limited to five (5) mph; f. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;
g. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five (5) minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points;
h. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation;
i. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph and visible dust extends beyond site boundaries;
j. Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction adjacent to sensitive receptors. Wind breaks should have no greater than 50 percent air porosity; k. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established;
l. The simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time shall be limited.
Activities shall be phased to reduce the amount of disturbed surfaces at any one time; and
m. Post a publicly visible sign with the telephone number and person to contact at the Town of Los Gatos regarding dust complaints. This person shall respond and take corrective action within 48 hours. The air district’s phone number shall also be visible to ensure compliance with applicable regulations.
14. *AIR QUALITY MITIGATION MEASURE AQ-6-5b: Prior to the issuance of the demolition permit, the project developer shall prepare, and the project contractor shall implement, a demolition and construction emissions avoidance and reduction plan demonstrating a 25 percent reduction of infant/child cancer risk and a 60 percent reduction of PM2.5 exposures at the MEI to meet the air district’s risk thresholds. The plan shall be prepared prior to the issuance of a demolition permit and shall be reviewed and approved by the Community Development Director. The plan shall be accompanied by a letter signed by a qualified air quality specialist, verifying the equipment included in the plan meets the standards set forth in this mitigation measure. The plan shall include the following measures:
ITEM NO. 4.
a. All mobile diesel-powered off-road equipment operating on-site for more than two days and larger than 50 horsepower shall, at a minimum, meet U.S.
Environmental Protection Agency (EPA) particulate matter emissions standards for Tier III engines or better. Prior to the issuance of any demolition permits, the project applicant shall submit specifications of the equipment to be used during construction and confirmation this requirement is met;
b. Use alternatively fueled equipment or equipment with zero emissions (i.e., aerial lifts, forklifts, and air compressors, etc., shall be either electrified or fueled by liquefied natural gas/propane);
c. Provide line power to the site during the early phases of construction to minimize the use of diesel-powered stationary equipment, such as generators; and
d. Other demonstrable measures identified by the developer that reduce emissions and avoid or minimize exposures to the affected sensitive receptors.
15. *BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-7-2: Prior to issuance of a grading permit, a qualified biologist shall conduct pre-construction surveys for woodrat middens within the development footprint and fire defensible space. These surveys shall be conducted no more than 15 days prior to the start of construction. In the event that construction activities are suspended for 15 consecutive days or longer, these surveys shall be repeated. All woodrat middens shall be flagged for avoidance of direct construction impacts and fire defensible space where feasible. If impacts cannot be avoided, woodrat middens shall be dismantled no more than three days prior to construction activities starting at each midden location. All vegetation and duff materials shall be removed from three feet around the midden prior to dismantling so that the occupants do not attempt to rebuild. Middens are to be slowly dismantled by hand in order to allow any occupants to disperse.
Developers shall be responsible for implementation of this mitigation measure with oversight by the Town of Los Gatos. Compliance with this measure shall be documented by a qualified biologist and submitted to the Town, prior to issuance of a demolition and grading permit.
16. *BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-7-3: Within 14 days prior to tree removal or other construction activities such as a demolition, the project developer shall retain a qualified biologist to conduct a habitat assessment for bats and potential roosting sites in trees to be removed, within structures proposed for demolition, and in trees and structures within 50 feet of the development footprint. In the event that construction activities are suspended for 15 consecutive days or longer, these surveys shall be repeated. These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within and 50 feet around the project site. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed.
Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting
ITEM NO. 4.
features found during the survey shall be flagged or marked. Locations off the site to which access is not available may be surveyed from within the site or from public areas.
If no roosting sites or bats are found, a letter report confirming absence shall be submitted by the biologist to the Town of Los Gatos prior to issuance of tree removal and demolition permits and no further mitigation is required.
If bats or roosting sites are found, a letter report and supplemental documents shall be provided by the biologist to the Town of Los Gatos prior to issuance of tree removal and demolition permits and the following monitoring, exclusion, and habitat replacement measures shall be implemented:
a. If bats are found roosting outside of the nursery season (May 1 through October 1), they shall be evicted as described under (b) below. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. If the roost is determined to not be a maternal roost, then the bats shall be evicted as described under (b) below. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the California Department of Fish and Wildlife) shall be established around the roosting site within the nursery season.
b. If a non-breeding bat hibernaculum is found in a tree or snag scheduled for removal or on any structures within 50 feet of project disturbance activities, the individuals shall be safely evicted, under the direction of a qualified bat biologist.
If pre-construction surveys determine that there are bats present in any trees or structures to be removed, exclusion structures (e.g. one-way doors or similar methods) shall be installed by a qualified biologist. The exclusion structures shall not be placed until the time of year in which young are able to fly, outside of the nursery season. Information on placement of exclusion structures shall be provided to the CDFW prior to construction. If needed, other removal methods could include: carefully opening the roosting area in a tree or snag by hand to expose the cavity and opening doors/windows on structures, or creating openings in walls to allow light into the structures. Removal of any trees or snags and disturbance within 50 feet of any structures shall be conducted no earlier than the following day (i.e., at least one night shall be provided between initial roost eviction disturbance and tree removal/disturbance activities). This action will allow bats to leave during dark hours, which increases their chance of finding new roosts with a minimum of potential predation. c. Bat Mitigation and Monitoring Plan. If roosting habitat is identified, a Bat Mitigation and Monitoring plan will be prepared and implemented to mitigate for the loss of roosting habitat. The plan will include information pertaining to the species of bat and location of the roost, compensatory mitigation for
ITEM NO. 4.
permanent impacts, including specific mitigation ratios and a location of the proposed mitigation area, and monitoring to assess bat use of mitigation areas.
The plan will be submitted to CDFW for review and approval prior to the bat eviction activities or the removal of roosting habitat.
Developers shall be responsible for implementation of this mitigation measure with oversight by the Town of Los Gatos. Compliance with this measure shall be documented and submitted to the Town, prior to issuance of grading and demolition permits.
17. *BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-7-4: Prior to issuance of tree removal, demolition, and grading permits, to avoid impacts to nesting birds during the nesting season (January 15 through September 15), construction activities within or adjacent to the project site boundary that include any tree or vegetation removal, demolition, or ground disturbance (such as grading or grubbing) shall be conducted between September 16 and January 14, which is outside of the bird nesting season. If this type of construction occurs during the bird nesting season, then a qualified biologist shall conduct pre-construction surveys for nesting birds to ensure that no nests would be disturbed during project activities.
If project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), or if construction activities are suspended for at least 14 days and recommence during the nesting season, a qualified biologist shall conduct nesting bird surveys.
a. Two surveys for active bird nests shall occur within 14 days prior to start of construction, with the final survey conducted within 48 hours prior to construction. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. A report documenting survey results and plan for active bird nest avoidance (if needed) shall be completed by the qualified biologist prior to initiation of construction activities.
b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g. defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or
ITEM NO. 4.
construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active.
Developers shall be responsible for implementation of this mitigation measure with oversight by the Town of Los Gatos. Compliance with this measure shall be documented and submitted to the Town, prior to issuance of tree removal, demolition, and grading permits.
18. *BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-7-5a: To avoid impacts to a the potentially jurisdictional drainage feature, a minimum 10-foot setback from the drainage shall be maintained during tree removal, demolition, and construction activities. The drainage and setback area shall be shown on all demolition and construction plans.
19. *BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-7-5b: If disturbance will occur within ten feet of the drainage, prior to issuance of a grading permit within the project boundary, the applicant shall retain a qualified biologist to determine the extent of potential wetlands and waterways regulated by the USACE, RWQCB, and CDFW. If the USACE claims jurisdiction, the applicant shall retain a qualified biologist to obtain a Clean Water Act Section 404 Nationwide Permit. If the impacts to the drainage features do not qualify for a Nationwide Permit, the applicant shall proceed with the qualified biologist in obtaining an Individual Permit from the USACE. The applicant shall then retain a qualified biologist to coordinate with the RWQCB to obtain a Clean Water Act Section 401 Water Quality Certification. If necessary, the applicant shall also retain a qualified biologist to coordinate with the CDFW to obtain a Streambed Alteration Agreement.
To compensate for temporary and/or permanent impacts to Waters of the U.S. that would be impacted as a result of the proposed project, mitigation shall be provided as required by the regulatory permits. Mitigation would be provided through one of the following mechanisms:
a. A Wetland Mitigation and Monitoring Plan shall be developed that will outline mitigation and monitoring obligations for temporary impacts to wetlands and other waters as a result of construction activities. The Wetland Mitigation and Monitoring Plan would include thresholds of success, monitoring and reporting requirements, and site-specific plans to compensate for wetland losses resulting from the project. The Wetland Mitigation and Monitoring Plan shall be submitted to the appropriate regulatory agencies for review and approval during the permit application process.
b. To compensate for permanent impacts, the purchase and/or dedication of land to provide suitable wetland restoration or creation shall ensure a no net loss of wetland values or functions. If restoration is available and feasible, a minimum 1:1 mitigation to impact ratio would apply to projects for which mitigation is provided in advance.
20. *BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-7-6: Prior to issuance of a tree removal permit and/or a grading permit, developers shall retain a certified arborist to develop a site-specific tree protection plan for retained trees and supervise the
ITEM NO. 4.
implementation of all proposed tree preservation and protection measures during construction activities, including those measures specified in the 2018 project arborist report and 2020 arborist report update (HortScience Bartlett Consulting). Also, in accordance with the Town’s Tree Protection Ordinance, the developer shall obtain a tree removal permit for proposed tree removals on each development lot prior to tree removals and shall install replacement trees in accordance with all mitigation, maintenance, and monitoring requirements specified in the tree removal permit(s) or otherwise required by the Town for project approvals.
21. *BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-7-8: On-site landscaping shall be limited to drought-tolerant species, fire-resistant species, and species capable of increasing soil stability; with preference to plant species endemic to Santa Clara County.
Species from the California Invasive Plant Council’s (Cal-IPC) Invasive Plant Inventory (Cal-IPC 2020) shall be removed if present and not included in any new landscaping.
The plant palette used for on-site landscaping shall be reviewed and approved by the Town of Los Gatos to confirm no invasive species shall be planted. Evidence of compliance shall be submitted to the Town of Los Gatos prior to occupancy of the residential buildings.
22. *CULTURAL RESOURCES MITIGATION MEASURE CUL-8-2: The following measure shall be included in project plans, prior to issuance of a demolition permit:
If paleontological resources are uncovered during demolition, grading or other on-site excavation activities, construction shall stop until appropriate mitigation is implemented, to be approved by the Community Development Director.
23. *WILDFIRE HAZARDS MITIGATION MEASURE FIRE-12-1: In order to adequately address any potential conflicts with emergency access or evacuation routes during construction, the applicant shall prepare and implement a site-specific construction traffic management plan for any construction effort that would require work within existing roadways. The traffic management plan shall be prepared and submitted to the Town prior to issuance of demolition permit(s) and shall be prepared to the satisfaction of Town Public Works and County Fire Department staff.
24. *GEOLOGY AND SOILS RESOURCES MITIGATION MEASURE GEO-13-1: The applicant's geotechnical consultant shall review and approve all geotechnical aspects of the development plans, ground improvement plans, shoring design criteria from a geotechnical perspective, and supporting structural details and calculations (i.e., site preparation and grading, site drainage improvements and design parameters for foundations, etc.,) to ensure that their recommendations have been properly incorporated. The project geotechnical consultant should review and approve appropriate performance testing for proposed ground improvement measures.
The results of the geotechnical plan review should be summarized by the project geotechnical consultant in a letter and submitted to the Town Engineer prior to issuance of building permits.
25. *GEOLOGY AND SOILS RESOURCES MITIGATION MEASURE GEO-13-2: The geotechnical
ITEM NO. 4.
consultant shall inspect, test and approve all geotechnical aspects of the project construction. The inspections should include, but not necessarily be limited to:
• Site preparation and grading;
• Ground improvement;
• Shoring measures and design;
• Site surface and subsurface drainage improvements; and • Excavations for foundations prior to placement of steel and concrete.
In addition, the project engineering geologist shall inspect opened excavations to confirm bedrock conditions are consistent with those anticipated.
The results of these inspections and the as-built conditions of the project, including ground improvement measures and placement of engineered fill, should be described by the geotechnical consultant in a letter and submitted to the Town Engineer for review and approval prior to final (as-built) project approval.
Specialty/design-build consultants and contractors (shoring, ground improvement, etc.) shall also submit construction reports confirming satisfactory construction of the specific aspects of the project that they are responsible for.
26. *GEOLOGY AND SOILS RESOURCES MITIGATION MEASURE GEO-13-3: The applicant shall consult with Bay Area Air Quality Management District to determine permit requirements. Removal of asbestos-containing building materials is subject to Bay Area Air Quality Management District’s Regulation 11, Rule 2: Asbestos Demolition, Renovation and Manufacturing. Release of lead into the atmosphere is subject to Bay Area Air Quality Management District’s Regulation 11, Rule 1: Lead.
Prior to the commencement of demolition activities on the site, the applicant shall provide evidence of meeting the permitting requirements of the Bay Area Air Quality Management District, to the satisfaction of the Town of Los Gatos Community Development Department.
27. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded
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basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.
28. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed.
Building Division
29. PERMITS REQUIRED: A Demolition Permit is required for the demolition of each individual building of the existing senior living community. A separate Building Permit is required for the construction of each new building located within the site. An additional Building Permit will be required for the PV system of each building if required by the California Energy Code.
30. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2023, are the 2022 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12, including locally adopted Energy Reach Codes.
31. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed.
32. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building Division prior to submitting for the building permit application process.
33. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
34. REQUIREMENTS FOR COMPLETE DEMOLITION OF STRUCTURE: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management District Application from the Building Department Service Counter. Once the demolition form has been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, return the completed form to the Building Department Service Counter with the Air District’s J# Certificate, PG&E verification, and three (3) sets of site plans showing all existing structures, existing utility service lines such as water, sewer, and PG&E. No demolition work shall be done without first obtaining a permit from the Town.
35. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant emissions, the following the Bay Area Air Quality Management District (BAAQMD)- recommended basic construction measures shall be included in the project’s grading plan, building plans, and contract specifications:
ITEM NO. 4.
a. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 2 minutes. Clear signage shall be provided for construction workers at all access points. b. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator. All non-road diesel construction equipment shall at a minimum meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part 89, Subpart B, §89.112. c. Developer shall designate an on-site field supervisor to provide written notification of construction schedule to adjacent residential property owners and tenants at least one week prior to commencement of demolition and one week prior to commencement of grading with a request that all windows remain closed during demolition, site grading, excavation, and building construction activities in order to minimize exposure to NOx and PM10. The on-site field supervisor shall monitor construction emission levels within five feet of the property line of the adjacent residences for NOx and PM10 using the appropriate air quality and/or particulate monitor.
36. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the Building Permit Application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics.
37. SHORING: Shoring plans and calculations will be required for all excavations which exceed five (5) feet in depth, or which remove lateral support from any existing building, adjacent property, or the public right-of-way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall confirm to the Cal/OSHA regulations.
38. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project Building Inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the Soils Report, and that the building pad elevations and on-site retaining wall locations and elevations have been prepared according to the approved plans.
Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered Civil Engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
39. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed), i.e. directly printed, onto a plan sheet.
40. SITE ACCESSIBILITY: At least one accessible route within the boundary of the site shall be provided from public transportation stops, accessible parking and accessible passenger loading zones and public streets or sidewalks to the accessible building entrance that they serve. The accessible route shall, to the maximum extent feasible, coincide with the route for the general public. At least one accessible route shall
ITEM NO. 4.
connect all accessible buildings, facilities, elements and spaces that are on the same site.
41. ACCESSIBLE PARKING: The parking lots, as well as the parking structure, where parking is provided for the public as clients, guests or employees, shall provide handicap accessible parking. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances.
42. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12 inches above the elevation of the next upstream manhole.
43. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.
44. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the Architect or Engineer of Record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the Building Permit.
The Town Special Inspection form must be completely filled-out and signed by all requested parties prior to permit issuance. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building.
45. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter for a fee of $2 or at ARC Blueprint for a fee or online at www.losgatosca.gov/building.
46. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874 b. Engineering/Parks & Public Works Department: (408) 399-5771 c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Santa Clara County Environmental Health Department: (408) 918-3479 f. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
47. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications and Engineering Design Standards. All work
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shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other construction debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities.
The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The Owner and/or Applicant and/or Developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the issuance of correction notices, citations, or stop work orders and the Town performing the required maintenance at the Owner and/or Applicant's expense.
48. APPROVAL: This application shall be completed in accordance with all the conditions of approval listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer.
49. CONSTRUCTION PLAN REQUIREMENTS: Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website:
https://www.losgatosca.gov/1088/Town-Engineering-Standards.
50. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. It is the responsibility of the Owner/Applicant to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department of Transportation (Caltrans). Copies of any approvals or permits must be submitted to the Town Engineering Division of the Parks and Public Works Department prior to releasing any permit.
51. FOR PLANTERS: The Owner and/or Applicant shall apply for an encroachment permit for the any proposed planters within the public sidewalk and/or Town’s right-of-way. The Owner and/or Applicant shall work with Parks and Public Works Department staff to arrive at a mutually agreeable solution that addresses safety and aesthetic issues. If no solution is reached, the vegetative screening requirement shall be waived. A Private Improvements in the Public Right-of-Way (formerly Indemnity) Agreement will be required if planters are proposed to be located within the Town’s right-of-way. A copy of the recorded agreement shall be submitted to the Engineering Division of the Parks and Public Works Department prior to the issuance of any grading or building permits.
52. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT):
The property owner shall enter into an agreement with the Town for all existing and proposed private improvements within the Town’s right-of-way. The Owner shall be solely responsible for maintaining the improvements in a good and safe condition at all times and shall indemnify the Town of Los Gatos. The agreement must be completed and accepted by the Director of Parks and Public Works, and subsequently recorded by the Town Clerk at the Santa Clara County Office of the Clerk-Recorder, prior to the issuance of any grading or building permits. Please note that this process may take approximately six to eight (6-8) weeks.
ITEM NO. 4.
53. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to the Town on a yearly basis. In addition to general coverage, the policy must cover all elements encroaching into the Town’s right-of-way.
54. PUBLIC WORKS INSPECTIONS: The Owner and/or Applicant or their representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to do so will result in penalties and rejection of any work that occurred without inspection.
55. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner and/or Applicant or their representative shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Owner and/or Applicant or their representative's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired and replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the Engineering Construction Inspector shall be completed before the issuance of a certificate of occupancy. The Owner and/or Applicant or their representative shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.
56. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction.
57. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required.
58. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited with the Engineering Division of the Parks and Public Works Department prior to the commencement of plan check review.
59. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of any grading or building permits.
60. PUBLIC WORKS INSPECTOR: The Owner and/or Applicant shall fund a full-time public works inspector, selected by the Town of Los Gatos, for the duration of the demolition and grading operations. The Owner and/or Applicant will be charged on a time and materials basis. A deposit for the full amount, to be estimated by the Town based on the Contractor’s approved schedule, shall be paid prior to issuance of the demolition permit.
61. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to the commencement of any and all altered work. The Owner and/or Applicant’s project engineer shall notify, in writing, the Town Engineer at
ITEM NO. 4.
least seventy-two (72) hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final “as-built” plans.
62. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California and submitted to the Town Engineer for review and approval. Additionally, any post-project traffic or parking counts, or other studies imposed by the Planning Commission or Town Council shall be funded by the Owner and/or Applicant.
63. GRADING PERMIT REQUIRED: A grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos (Grading Ordinance). After the preceding Architecture and Site Application has been approved by the respective deciding body, the grading permit application (with grading plans and associated required materials and plan check fees) shall be made to the Engineering Division of the Parks and Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location(s), driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas.
Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). Prior to Engineering signing off and closing out on the issued grading permit, the Owner/Applicant’s soils engineer shall verify, with a stamped and signed letter, that the grading activities were completed per plans and per the requirements as noted in the soils report. A separate building permit, issued by the Building Department, located at 110 E. Main Street, is needed for grading within the building footprint.
64. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading activities and operations shall not commence until after/occur during the rainy season, as defined by Town Code of the Town of Los Gatos, Sec. 12.10.020, (October 15-April 15), has ended.
65. DRIVEWAY: The driveway conform to existing pavement on Wood Road shall be constructed in a manner such that the existing drainage patterns will not be obstructed.
66. CONSTRUCTION EASEMENT: Prior to the issuance of a grading or building permit, it shall be the sole responsibility of the Owner and/or Applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit.
67. DRAINAGE STUDY: Prior to the issuance of any grading or building permits, the following drainage studies shall be submitted to and approved by the Town Engineer: a drainage study of the project including diversions, off-site areas that drain onto and/or through the project, and justification of any diversions; a drainage study evidencing that the proposed drainage patterns will not overload the existing storm drain facilities; and detailed drainage studies indicating how the project grading, in conjunction with the drainage conveyance systems (including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding) will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood.
ITEM NO. 4.
68. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading/improvement permits, whichever comes first, the Owner and/or Applicant shall: a) design provisions for surface drainage; and b) design all necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and c) provide a recorded copy of any required easements to the Town.
69. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the issuance of a grading permit/building permit.
70. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items:
a. Retaining wall: top of wall elevations and locations. b. Toe and top of cut and fill slopes.
71. PRECONSTRUCTION MEETING: Prior to issuance of any grading or building permits, the general contractor shall:
a. Along with the Owner and/or Applicant, attend a pre-construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of approval and will make certain that all project sub-contractors have read and understand them as well prior to commencing any work, and that a copy of the project conditions of approval will be posted on-site at all times during construction.
72. RETAINING WALLS: A building permit, issued by the Building Department, located at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process.
73. CERTIFICATE OF LOT MERGER: A Certificate of Lot Merger shall be recorded. Two (2) copies of the legal description for exterior boundary of the merged parcel and a plat map (8-½ in. X 11 in.) shall be submitted to the Engineering Division of the Parks and Public Works Department for review and approval. The submittal shall include closure calculations, title reports less than ninety (90) days old and the appropriate fee. The certificate shall be recorded prior to the issuance of any grading or building permits.
74. DEDICATIONS: The following shall be dedicated by separate instrument. The dedication shall be recorded before any grading or building permits are issued:
a. Emergency Access Easement: Twenty (20) feet wide, located between Wood Road and Broadway.
75. SOILS REPORT: One electronic copy (PDF) of the soils and geologic report shall be submitted with the application. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code.
76. GEOLOGY AND SOILS MITIGATION MEASURE: A geotechnical investigation shall be conducted for the project to determine the surface and sub-surface conditions at the
ITEM NO. 4.
site and to determine the potential for surface fault rupture on the site. The geotechnical study shall provide recommendations for site grading as well as the design of foundations, retaining walls, concrete slab-on-grade construction, excavation, drainage, on-site utility trenching and pavement sections. All recommendations of the investigation shall be incorporated into project plans.
77. SOILS REVIEW: Prior to Town approval of a development application, the Owner and/or Applicant’s engineers shall prepare and submit a design-level geotechnical and geological investigation for review by the Town’s consultant, with costs borne by the Owner and/or Applicant, and subsequent approval by the Town. The Owner and/or Applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. Approval of the Owner and/or Applicant’s soils engineer shall then be conveyed to the Town either by submitting a Plan Review Letter prior to issuance of grading or building permit(s).
78. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and grading shall be inspected by the Owner and/or Applicant’s soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing shall be documented in an “as-built” letter/report prepared by the Owner and/or Applicant’s soils engineer and submitted to the Town before a certificate of occupancy is granted.
79. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological recommendations contained in the Geotechnical Investigation and Geologic Hazards Evaluation by Cornerstone Earth Group, dated January 17, 2020, and any subsequently required report or addendum. Subsequent reports or addendum are subject to peer review by the Town’s consultant and costs shall be borne by the Owner and/or Applicant.
80. SUPPLEMENTAL GEOLOGIC AND GEOTECHNICAL STUDIES: Supplemental geologic and geotechnical engineering studies shall be performed in support of the design of the infrastructure and the podium/building, and the reports and plans shall be submitted to the Town for review.
81. IMPROVEMENT AGREEMENT: The Owner and/or Applicant shall enter into an agreement to construct public improvements in accordance with Town Code Section
24.40.020. The Owner and/or Applicant shall supply suitable securities for all public improvements that are part of the development in a form acceptable to the Town in the amount of 100% performance and 100% labor and materials prior to the issuance of any encroachment, grading or building permit. The Owner and/or Applicant shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfaction of the Engineering Division of the Parks and Public Works Department. An electronic copy (PDF) of the executed agreement shall be submitted to the Engineering Division of the Parks and Public Works Department prior to the issuance of any encroachment, grading or building permit.
ITEM NO. 4.
82. SANITARY SEWER CLEANOUT: A sanitary sewer cleanout shall be located within the property in question, within one (1) foot of the property line per West Valley Sanitation District Standard Drawing 3, or at a location specified by the Town. The Owner and/or Applicant shall repair and replace to existing Town standards any portion of concrete flatwork within said right-of-way that is damaged during this activity prior to issuance of a certificate of occupancy.
83. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the Developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance of any grading or building permits or the recordation of a map. Plans for the improvements must be approved by the Town prior to the issuance of any grading or building permits.
The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued unless otherwise allowed by the Town Engineer.
a. Wood Road: street lights, tie-in paving, signing, striping, storm drainage and sanitary sewers, as required.
b. Remove and replace the existing pavement section along the project frontage with a traffic-appropriate engineered structural pavement section from lip of gutter to lip of gutter from the intersection of South Santa Cruz Avenue and Wood Road extending westerly to the existing fire hydrant, water tank and water pump facilities located within the latter, or alternative pavement rehabilitation measures as approved by the Town Engineer.
c. Installation of a sidewalk connecting the podium to the intersection of Wood Road and South Santa Cruz Avenue, as well as construction of the necessary retaining wall(s) and potential pedestrian crosswalk and associated ADA ramps for connectivity to the existing sidewalk on the south side of Wood Road. d. Curb and gutter along the northerly side of Wood Road along the property’s frontage.
84. CERTIFICATE OF OCCUPANCY: The Engineering Division of the Parks and Public Works Department will not sign off on a Temporary Certificate of Occupancy or a Final Certificate of Occupancy until all required improvements within the Town’s right-of-way have been completed and approved by the Town.
85. FRONTAGE IMPROVEMENTS: The Developer shall be required to improve the project’s public frontage (right-of-way line to centerline and/or to limits per the direction of the Town Engineer) to current Town Standards. These improvements may include but not limited to curb, gutter, sidewalk, driveway approach(es), curb ramp(s), signs, pavement, raised pavement markers, thermoplastic pavement markings, storm drain facilities, traffic signal(s), street lighting (upgrade and/or repaint) etc. Plans for the improvements must be approved by the Town prior to the issuance of any grading or building permits.
The improvements must be completed and accepted by the Town before the issuance of any grading or building permits unless otherwise allowed by the Town Engineer.
86. ADA COMPLIANCE: The Owner and/or Applicant shall be required to meet all ADA standards, which must be completed and accepted by the Town before a Certificate of
ITEM NO. 4.
Occupancy for any new building can be issued. This may require additional construction measures as directed by the Town.
87. UNDERGROUND PARKING GARAGE DRAINAGE: Water from the underground parking garage shall not be discharged onto the public street. The Owner and/or Applicant or their representative shall design a floor drainage system for the garage that collects all drainage and conveys runoff to the sanitary sewer system. Connecting said drainage system to the storm drain system is not permitted.
88. PARKING LOTS: Parking lots and other impervious areas shall be designed to drain stormwater runoff to vegetated drainage swales, filter strips, and/or other Low Impact Development (LID) treatment devices that can be integrated into required landscaping areas and traffic islands prior to discharge into the storm drain system and/or public right-of-way. The amount of impervious area associated with parking lots shall be minimized by utilizing design features such as providing compact car spaces, reducing stall dimensions, incorporating efficient parking lanes, using permeable pavement where feasible, and adhering to the Town’s Parking Development Standards:
https://www.losgatosca.gov/DocumentCenter/View/144/Parking-DevelopmentStandards?bidId=. The use of permeable paving for parking surfaces is encouraged to reduce runoff from the site. Such paving shall meet Santa Clara County Fire Department requirements and be structurally appropriate for the location.
89. UTILITIES: The Owner and/or Applicant shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code Section 27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. The Owner and/or Applicant is required to obtain approval of all proposed utility alignments from any and all utility service providers before a Certificate of Occupancy for any new building can be issued. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities.
90. UTILITY SETBACKS: House foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the house foundation.
The Town Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation.
91. PRIVATE EASEMENTS: Agreements detailing rights, limitations and responsibilities of involved parties shall accompany any proposed private easement. Access driveway shall be within the recorded access easement. A new private access easement shall be recorded, and an electronic copy (PDF) of the recorded agreement shall be submitted to the Engineering Division of the Parks and Public Works Department, prior to issuance of a grading or building permit. A realigned access driveway shall be completed prior to the issuance of grading or building permit.
92. SIDEWALK REPAIR: The Owner and/or Applicant shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. All new and existing adjacent infrastructure must meet current ADA standards. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any
ITEM NO. 4.
concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued.
93. CURB AND GUTTER REPAIR: The Owner and/or Applicant shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. All new and existing adjacent infrastructure must meet Town standards.
New curb and gutter shall be constructed per Town Standard Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued.
94. CURB RAMPS: The Owner and/or Applicant shall construct all necessary curb ramps to allow for the required pedestrian connectivity in compliance with ADA Standards which must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore.
95. CALTRANS APPROVAL: The Owner and/or Applicant shall be responsible for obtaining design approval(s) and construction encroachment permit(s) from Caltrans for any improvements within the Caltrans right-of-way. A copy of approved encroachment permit is required to be submitted to the Engineering Division of the Parks and Public Works Department prior to grading or building permit issuance. The improvements must be completed and accepted by the Town before the issuance of any grading or building permits unless otherwise allowed by the Town Engineer.
96. FRONTAGE IMPROVEMENTS (TRAFFIC): The Developer shall construct improvements including and may not be limited to signage, striping, curb/gutter/sidewalk, ADA ramps and street lights at project frontage as directed by the Town Engineer. Plans for the improvements must be approved by the Town prior to the issuance of any grading or building permits. The improvements must be completed and accepted by the Town before the issuance of any grading or building permits unless otherwise allowed by the Town Engineer.
97. FRONTAGE IMPROVEMENTS (STREET LIGHTS): The Developer shall replace existing street light fixture with Town-standard street light pole and fixture. Plans for the improvements must be approved by the Town prior to the issuance of any grading or building permits unless otherwise allowed by the Town Engineer.
98. TRAFFIC IMPROVEMENTS (OFF-SITE IMPROVEMENT): Traffic improvements may be required as determined by traffic study. Construct off-site improvements as required.
ITEM NO. 4.
Plans shall be prepared by the Developer’s design consultants and submitted to the Town Engineer for approval prior to construction. The Developer is required to designate necessary right-of-way for any required widening. Plans for the improvements must be approved by the Town prior to the issuance of any grading or building permits. The improvements must be completed and accepted by the Town before the issuance of any grading or building permits unless otherwise allowed by the Town Engineer.
99. Street LIGHTS INSPECTION FEES: The Owner and/or Applicant shall pay $3,000.00 for the Town’s inspection of street lights. The fees shall be due at time of building permit application.
100. TRANSPORTATION DEMAND MANAGEMENT PLAN (TDM): The Owner and/or Applicant shall prepare a Transportation Demand Management Plan for the Town of Los Gatos approval prior to the issuance of any building permit. The TDM shall include, but is not limited to, measures such as bicycle facility provisions, shower facilities, local shuttle service, transit passes and subsidies, carpool incentive, designated car share parking, and other measures that may be required by the Town Engineer to obtain a goal of a 15% vehicle trip reduction. The TDM shall also include a TDM Coordinator and identify the requirement for an annual TDM effectiveness report to the Town of Los Gatos. 101. BICYCLE FACILITIES: Bicycle facilities including, but may not be limited to, bike lanes and bike boxes will be provided in all directions and approaches of improved streets and intersections as directed by Town Engineer.
102. TRAFFIC STUDY: Any development of land use that generates greater traffic impacts than those assumed in the traffic study report may require an updated traffic study in accordance with the Town’s traffic impact policy.
103. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of any building/grading permit(s), the Owner and/or Applicant shall pay the project's proportional share of transportation improvements needed to serve cumulative development within the Town of Los Gatos.
The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued. The fee shall be paid before issuance of any grading or building permit. In the event that a subdivision map, parcel map or certificate is required to be recorded the fee shall be paid prior to recordation. The final traffic impact mitigation fee for this project shall be calculated from the final plans using the current fee schedule and rate schedule in effect at the time, using a comparison between the existing and proposed uses.
104. CONSTRUCTION VEHICLE PARKING: No construction vehicles, trucks, equipment and worker vehicles shall be allowed to park on the portion of any public (Town) streets without written approval from the Town Engineer.
105. TRAFFIC CONTROL PLAN: A traffic control plan is required and must be submitted and approved by the Town Engineer prior to the issuance of an encroachment, grading or building permit. This plan shall include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to
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help with the coordination of the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one-way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation.
c. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one-way operation, specifying dates and hours of operation.
106. CALTRANS APPROVAL OF TRAFFIC CONTROL PLANS: The Owner and/or Applicant shall be responsible for submitting the proposed traffic control plans to Caltrans for approval for any work within the Caltrans right-of-way or that may affect traffic on South Santa Cruz Avenue.
107. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes, traffic control plan, and applicable pedestrian or traffic detour plans shall be submitted for review and approval by the Town Engineer prior to the issuance of an encroachment, grading or building permit.
108. ADVANCE NOTIFICATION: Advance notification of all affected residents and emergency services shall be made regarding parking restriction, lane closure or road closure, with specification of dates and hours of operation.
109. HAULING OF SOIL: Hauling of soil on- or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to the issuance of an encroachment, grading or building permit, the Developer or their representative shall work with the Town Building Department and Engineering Division Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the Developer to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control.
Coordination with other significant projects in the area may also be required. Cover all trucks hauling soil, sand and other loose debris.
110. CONSTRUCTION HOURS: All site improvement construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m.
Saturdays. The Town may authorize, on a case-by-case basis, alternate construction hours. The Owner shall provide written notice twenty-four (24) hours in advance of modified construction hours. Approval of this request is at discretion of the Town. 111. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eightyfive (85) dBA at twenty-five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA.
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112. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any encroachment, grading or building permits, the Developer’s design consultant shall submit a construction management plan sheet (full-size) within the plan set that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, materials storage area(s), construction trailer(s), concrete washout(s) and proposed outhouse locations. Please refer to the Town’s Construction Management Plan Guidelines (https://www.losgatosca.gov/DocumentCenter/View/17600/ConstructionManagement-Plan-Guidelines?bidId=) document for additional information. 113. EMERGENCY VEHICLE ACCESS EASEMENT: Prior to the issuance of any grading or building permits, the Owner and/or Applicant shall coordinate with the Santa Clara County Fire Department to ensure that any proposed modifications to the Emergency Vehicle Access Easement that traverses the Project Site are curvilinear, allows for the Department’s equipment to travel across said easement, and meets all Department specifications. Plans shall be submitted to the Santa Clara County Fire Department for approval prior to construction.
114. CALTRANS: Prior to the start of any work along or within Caltrans rights-of-way and/or easement, the Developer shall obtain necessary encroachment permits for the proposed work. A copy of approved encroachment permit is required to be submitted to the Engineering Division of the Parks and Public Works Department. Plans for the improvements must be approved by the Town prior to the issuance of any grading or building permits. Improvements approved by Caltrans shall be constructed and installed prior to grading or building permit issuance unless otherwise allowed by the Town Engineer.
115. STORMWATER MANAGEMENT: Construction activities including but not limited to clearing, stockpiling, grading or excavation of land, which disturbs one (1) acre or more which are part of a larger common plan of development which disturbs less than one (1) acre are required to obtain coverage under the construction general permit with the State Water Resources Control Board. The Owner and/or Applicant is required to provide proof of WDID# and keep a current copy of the storm water pollution prevention plan (SWPPP) on the construction site and shall be made available to the Town of Los Gatos Engineering Division of the Parks and Public Works Department and/or Building Department upon request.
116. BEST MANAGEMENT PRACTICES (BMPs): The Owner and/or Applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection. Removal of BMPs (temporary removal during construction activities) shall be replaced at the end of each working day. Failure to comply with the construction BMP will result in the issuance of correction notices, citations, or stop work orders.
117. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment projects are subject to the stormwater development runoff requirements. Every Owner and/or Applicant or their design consultant shall submit a stormwater control plan and
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implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and site design measures. Increases in runoff volume and flows shall be managed in accordance with the development runoff requirements. 118. REGULATED PROJECT: The project is classified as a Regulated Project per Provision C.3.b.ii. and is required to implement LID source control, site design, and stormwater treatment on-site in accordance with Provisions C.3.c. and C.3.d.. 119. STATE CONSTRUCTION GENERAL PERMIT: In the event that, during the production of construction drawings for the plans approved with this application by the Planning Commission, it is determined that the project will disturb one (1) acre or more of site area, the filing of a Notice of Intent (NOI) and submittal of a Storm Water Pollution Prevention Plan (SWPPP) to the San Francisco Bay Regional Water Quality Control Board as part of a State Construction General Permit will be required. These items shall all be completed and accepted by the Engineering Division before issuance of a grading/building permit.
120. NPDES STORMWATER COMPLIANCE: In the event that, during the production of construction drawings for the plans approved with this application by the Planning Commission, it is determined that the project will create and/or replace more than 2,500 square feet of impervious area, completion of the NPDES Stormwater Compliance Small Projects Worksheet and implementation of at least one of the six low impact development site design measures it specifies shall be completed and submitted to the Engineering Division before issuance of a grading/building permit. 121. SITE DESIGN MEASURES: All projects shall incorporate at least one of the following measures:
a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas.
d. Use porous or pervious pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater.
122. BIORETENTION SYSTEM: The bioretention system(s) shall be designed to have a surface area no smaller than what is required to accommodate a 5 inches/hour stormwater runoff surface loading rate, infiltrate runoff through bioretention soil media at a minimum of 5 inches per hour, and maximize infiltration to the native soil during the life of the project. The soil media for bioretention system(s) shall be designed to sustain healthy, vigorous plant growth and maximize stormwater runoff retention and pollutant removal. Bioretention soil media that meets the minimum specifications set forth in Attachment L of Order No. R2-2009-0074, dated November 28, 2011, shall be used. 123. IMPAIRED WATER BODIES: Projects that discharge directly to CWA section 303(d) listed water bodies shall implement appropriate source control, site design and treatment measures for the listed pollutants of concern.
124. UNLAWFUL DISCHARGES: It is unlawful to discharge any wastewater, or cause hazardous domestic waste materials to be deposited in such a manner or location as to constitute a threatened discharge, into storm drains, gutters, creeks or the San Francisco Bay. Unlawful discharges to storm drains include, but are not limited to:
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discharges from toilets, sinks, industrial processes, cooling systems, boilers, fabric cleaning, equipment cleaning or vehicle cleaning.
125. LANDSCAPING: In finalizing the landscape plan for the biotreatment area(s), it is recommended that the landscape architect ensure that the characteristics of the selected plants are similar to those of the plants listed for use in bioretention areas in Appendix D of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) C.3 Stormwater Handbook.
126. LANDSCAPE MAINTENANCE AGREEMENT: The Developer shall enter into a Landscape Maintenance Agreement with the Town of Los Gatos in which the Developer agrees to maintain the vegetated areas along the project’s Wood Road frontage located within the public right-of-way, including the proposed retaining walls as well as street light facilities and fixtures. The agreement must be completed and accepted by the Town Attorney prior to the issuance of any encroachment, grading or building permits. 127. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks and Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one (1) acre. A maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping, shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of most current Santa Clara County National Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). Monitoring for erosion and sediment control is required and shall be performed by the Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) as required by the Construction General Permit. Stormwater samples are required for all discharge locations and projects may not exceed limits set forth by the Construction General Permit Numeric Action Levels and/or Numeric Effluent Levels. A Rain Event Action Plan (REAP) must be developed forty-eight (48) hours prior to any likely precipitation even, defined by a fifty (50) percent or greater probability as determined by the National Oceanic and Atmospheric Administration (NOAA), and/or whenever rain is imminent. The QSD or QSP must print and save records of the precipitation forecast for the project location area from (http://www.srh.noaa.gov/forecast) which must accompany monitoring reports and sampling test data. A rain gauge is required on-site.
The Town of Los Gatos Engineering Division of the Parks and Public Works Department and the Building Department will conduct periodic NPDES inspections of the site throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations.
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128. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three (3) times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur.
Streets shall be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one (1) late-afternoon watering to minimize the effects of blowing dust.
All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed twenty (20) miles per hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered.
129. DUST CONTROL: The following measures shall be implemented at construction sites greater than four (4) acres in area:
a. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). b. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.).
c. Limit traffic speeds on unpaved roads to fifteen (15) miles per hour. d. Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
e. Replant vegetation in disturbed areas as quickly as possible. 130. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant emissions, the following the Bay Area Air Quality Management District (BAAQMD)- recommended basic construction measures shall be included in the project’s grading plan, building plans, and contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, or otherwise kept dust-free.
b. All haul trucks designated for removal of excavated soil and demolition debris from site shall be staged off-site until materials are ready for immediate loading and removal from site.
c. All haul trucks transporting soil, sand, debris, or other loose material off-site shall be covered.
d. As practicable, all haul trucks and other large construction equipment shall be staged in areas away from the adjacent residential homes. e. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day, or as deemed appropriate by Town Engineer. The use of dry power sweeping is prohibited. An
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on-site track-out control device is also recommended to minimize mud and dirttrack-out onto adjacent public roads. f. All vehicle speeds on unpaved surfaces shall be limited to fifteen (15) miles per hour.
g. All driveways and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within forty-eight (48) hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Please provide the BAAQMD’s complaint number on the sign: 24-hour toll-free hotline at 1-800-334-ODOR (6367).
i. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed twenty (20) miles per hour.
j. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established.
131. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any grading or building permits, all pertinent details of any and all proposed stormwater management facilities, including, but not limited to, ditches, swales, pipes, bubble-ups, dry wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be provided on submitted plans, reviewed by the Engineering Division of the Parks and Public Works Department, and approved for implementation. 132. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. 133. STORMWATER DISCHARGE: New buildings, such as food service facilities and/or multifamily residential complexes or subdivisions, shall provide a covered or enclosed area for dumpsters and recycling containers. The area shall be designed to prevent water run-on to the area and runoff from the area. Areas around trash enclosures, recycling areas, and/or food compactor enclosures shall not discharge directly to the storm drain system. Any drains installed in or beneath dumpsters, compactors, and tallow bin areas serving food service facilities shall be connected to the sanitary sewer. The Owner and/or Applicant shall contact the local permitting authority and/or sanitary district with jurisdiction for specific connection and discharge requirements. 134. WATER FEATURES: New fountains shall have a connection to the sanitary sewer system, subject to West Valley Sanitation District’s authority and standards, to facilitate draining events. Discharges from these features shall be directed to the sanitary sewer and are not allowed into the storm drain system.
135. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly connected
ITEM NO. 4.
to public storm system shall be stenciled/signed with appropriate “NO DUMPING - Flows to Bay” NPDES required language. On-site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit.
These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If stormwater treatment facilities are to be used they shall be placed a minimum of ten (10) feet from the adjacent property line and/or right-of-way. Alternatively, the facility(ies) may be located with an offset between 5 and 10 feet from the adjacent property and/or rightof-way line(s) if the responsible engineer in charge provides a stamped and signed letter that addresses infiltration and states how facilities, improvements and infrastructure within the Town’s right-of-way (driveway approach, curb and gutter, etc.) and/or the adjacent property will not be adversely affected. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property. 136. STORM WATER MANAGEMENT PLAN: A storm water management shall be included with the grading permit application for all Group 1 and Group 2 projects as defined in the amended provisions C.3 of the Municipal Regional Stormwater NPDES Permit, Order R2-2015-0049, NPDES Permit No. CAS612008. The plan shall delineate source control measures and BMPs together with the sizing calculations. The plan shall be certified by a professional pre-qualified by the Town. In the event that the storm water measures proposed on the Planning approval differ significantly from those certified on the Building/Grading Permit, the Town may require a modification of the Planning approval prior to release of the Building Permit. The Owner and/or Applicant may elect to have the Planning submittal certified to avoid this possibility. 137. STORM WATER MANAGEMENT PLAN NOTES: The following note shall be added to the storm water management plan: “The biotreatment soil mix used in all stormwater treatment landscapes shall comply with the specifications in Attachment L of the MRP.
Proof of compliance shall be submitted by the Contractor to the Town of Los Gatos a minimum of thirty (30) days prior to delivery of the material to the job site using the Biotreatment Soil Mix Supplier Certification Statement.” 138. STORM WATER MANAGEMENT PLAN CERTIFICATION: Certification from the biotreatment soils provider is required and shall be given to Engineering Division Inspection staff a minimum of thirty (30) days prior to delivery of the material to the job site. Additionally deliver tags from the soil mix shall also be provided to Engineering Division Inspection staff. Sample Certification can be found here:
139. http://www.scvurppp-w2k.com/nd_wp.shtml?zoom_highlight=BIOTREATMENT+SOIL. 140. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS: The property owner shall enter into an agreement with the Town for maintenance of the stormwater filtration devices required to be installed on this project by the Town’s Stormwater Discharge Permit and all current amendments or modifications. The agreement shall specify that certain routine maintenance shall be performed by the property owner and shall specify device maintenance reporting requirements. The agreement shall also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded, and an electronic copy
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(PDF) of the recorded agreement shall be submitted to the Engineering Division of the Parks and Public Works Department, prior to the release of any occupancy permits. 141. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and property owner to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town’s storm drains.
142. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person or persons authorized to do so at all times during working hours. The Owner and/or Applicant's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in penalties and/or the Town performing the required maintenance at the Owner and/or Applicant's expense.
143. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: Prior to the issuance of an encroachment, or grading or building permit, the Developer shall initiate a weekly neighborhood email notification program to provide project status updates. The email notices shall also be posted on a bulletin board placed in a prominent location along the project perimeter.
144. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be issued simultaneously.
145. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
146. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the map. An electronic copy (PDF) of the recorded agreement(s) shall be submitted to the Engineering Division of the Parks and Public Works Department prior to the issuance of any permit.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
147. GENERAL: Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.
148. NOTE: The subject property is located within the Very High Fire Hazard Severity Zone (VHFHSZ) of the Local Responsibility Area (LRA). Pursuant to California Public Resources Code (PRC) 4290, the California Board of Forestry and Fire Protection is required to “…adopt regulations implementing minimum fire safety standards related to defensible space” applicable to “the perimeters and access to all residential, commercial, and industrial building construction.” In 2018, the Legislature passed and the Governor signed SB 901 (Dodd), which expanded the applicability of the regulations promulgated under PRC 4290 to land in the Local Responsibility Area (LRA) Very High Fire Hazard
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Severity Zone. All comments below that result from PRC 4290 are identified by **.
Where a conflict exists between local & 4290 requirements, the more stringent requirement shall apply. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.08.
149. PRC 4290: This project deems compliance with the PRC 4290 requirements. 150. FIRE SPRINKLERS REQUIRED: (As noted on Cover Sheet) In other than residential buildings which require the installation of fire sprinklers for all new buildings according to the California Residential Code, an automatic sprinkler system shall be provided throughout all new buildings and structures. Note: Sprinklers are required for all structures and covered areas such as walkways and gazebos. 151. EMERGENCY RADIO RESPONDER COVERAGE: (As noted on Sheet C108). All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. Refer to CFC Sec. 510 for further requirements. Emergency Radio Responder Coverage requirements applies to all buildings. [SCCFD Standard Details & Specifications, C-2]. 152. STANDPIPES REQUIRED: (AMMR-See note below) Standpipe systems shall be provided in new buildings and structures in accordance with this section. Fire hose threads used in connection with standpipe systems shall be approved and shall be compatible with fire department hose threads. The location of fire department hose connections shall be approved. Standpipes shall be manual wet type. In buildings used for high-piled combustible storage, fire hose protection shall be in accordance with Chapter 32.
Installation standard. Standpipe systems shall be installed in accordance with this section and NFPA 14 as amended in Chapter 80. CFC Sec. 905. Locations of proposed interior standpipes and exterior terrace standpipes to comply with hose pull distances, are noted on Sheet C109.1 of the plans. Terrace hose valves are not allowed to be combined with automatic fire sprinkler systems for SCCFD. This review verified proposed locations. Further determination and validation of these locations will be reviewed upon submittal of the system plans.
An AMMR request and associated drawings demonstrating terrace level exterior standpipe hose valves within 150-feet of all exterior portions of each structure, in lieu of apparatus access per CFC Sec. 503.1.1 and an associated fire flow letter, provided by San Jose Water (SJW) indicating that they will construct a new looped public 8" water main installation with four new 6" public hydrants to supply the site has been reviewed and approved by Chief Estrada on 09/14/21. SJW has indicated in their analysis that they will be able to provide 1,500 GPM at a minimum 20 psi. throughout the site, including from the most demanding location, approximately 405' N/N Wood Rd. at an elevation of 525'. 153. WATER SUPPLY REQUIREMENTS: (As noted on Sheet C108) Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements
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of that purveyor. Such requirements shall be incorporated into the design of any waterbased fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
154. PUBLIC FIRE HYDRANT(S) REQUIRED: (As noted on Sheet C106 and in SJW fire flow letter) Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 1500 GPM at 20 psi, residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C. Hydrants are located on the complex side of the roadway and are immediately accessible (at road elevation) from the fire department access road. A fire flow letter, provided by San Jose Water (SJW) indicates that they will construct a new looped public 8" water main installation with four new 6" public hydrants to supply the site. SJW has indicated in their attached analysis that they will be able to provide 1,500 GPM at a minimum 20 psi. throughout the site, including from the most demanding location, approximately 405' N/N Wood Rd. at an elevation of 525'.
155. FIRE DEPARTMENT CONNECTION REQUIRED: (As noted on Sheet C109.1) An FDC is required for each building to support its sprinkler system. They shall not be attached to the buildings. The fire department connection (FDC) shall be installed at the street, on the street address side of the building. It shall not be on the opposite side of a roadway from the structure that it supplies. It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-and-one-half (2- 1/2”) inch national standard threaded inlet couplings. FDC's supplying private onsite fire hydrants shall have a minimum four (4) way inlet coupling.
Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow. [SCCFD, SP-2 Standard]. Locations of all FDCs are noted on Sheet C109.1, as reference only.
Construction details of the FDC supply to fire protection systems will be subject to review of design details at time of installation permit submittal. One FDC is required for support of each individual building, as currently noted on the plans. Fire Department Connections are located within 100' from an approved fire hydrant. 156. REQUIRED SECONDARY FIRE DEPARTMENT ACCESS: (As noted on Sheet C108) Commercial and Industrial Developments 1. Buildings exceeding three stories or 30 feet in height. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have a least two means of fire apparatus access for each structure. 2. Buildings exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet (5760 mm) shall be provided with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of
ITEM NO. 4.
up to 124,000 square feet (11520 mm) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. Multi-Family Residential Developments (R-1 & R-2 occupancies) 1. Multi-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads. CFC Sec. Chp. 5. Two separate and approved fire apparatus access roads are required. Aerial access is required for 7 of the 8 buildings. A 26' wide fire lane is shown in the immediate vicinity of any building or portion of a building more than 30 feet in height above the lowest level of fire department access.
157. REQUIRED AERIAL ACCESS: Where required: 1. Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway.
Roadways shall have a paved all weather surface, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 60 feet outside, a maximum slope of 15% and be able to withstand an imposed load of 75K pounds. 2. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. 3. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572mm) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official. CFC Ch. 5 and SCCFD SD&S A-1.
Aerial access is required for 7 of the 8 buildings. A 26' wide circulating fire lane is shown on the plans. Special consideration shall be taken to support aerial operations.
Aerial access demonstrated to the Villa parapets, and in turn to the roof decks via a structural ledge with permanently attached ladders is acknowledged and accepted. All aerial setup sections are noted to have a cross slope of no more than 2%. Approved AMMR application PC 24-2776 included in this project for Villa A aerial access. 158. TURN RADIUS (CIRCULATING): (AMMR-See note below) The minimum outside turning radius is 42 feet for required access roadways. Greater radius up to 60 feet may be required where the Fire Department determines that Ladder Truck access is required.
Circulating refers to travel along a roadway without dead ends.
The turn at the entrance to the south of the arrival court has been revised and submitted with a Request for Variance. While this revision does improve the existing condition, and may now be accessible for a shorter wheel-based vehicle such as an ambulance, the cross slope at this location is still impassible for larger fire apparatus.
Conforming turnaround noted in front of Villa B. Appropriate radii and angles of approach and departure are required throughout the fire access roadway. [CFC 503.2.8].
As aerial access is required throughout the site, all turns shall provide a 60' outside radius and all slope transitions and points of approach and departure shall be no greater
ITEM NO. 4.
than 5%. An application for Alternate Materials, Design or Methods of Construction for this turnaround has been submitted per CFC 104.9 for consideration. The alternate has been approved by SCCFD however, the request form requires Building Official signature, architect/engineers signed stamp/seal and subsequent inclusion on the project documents.
159. FIRE APPARATUS ACCESS ROADS REQUIRED FOR BUILDINGS AND FACILITIES: (As noted on Sheets C102 and C108) Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1].
Compliant hose pull access routes leading to all portions of the exterior walls of the first story are shown on Sheet C109. Stair access from the Terrace level to the lowest level within each structure shown on Sheet C108. Proposed accessible paths for patient transfers between each villa and anticipated ambulance staging areas are noted on Sheet C108.
Several locations along the proposed fire department access roadway are within an existing tributary area, draining toward Broadway. Sheet C102 Pavement Design Note indicates that the roadway design shall support:75K pound loading capacity, 2) Point loads for aerial apparatus outriggers, and 3) Drainage design sufficient to prevent roadway erosion.
160. TWO-WAY COMMUNICATION SYSTEM: (As noted on Sheet C108) Two-way communication systems shall be designed and installed in accordance with all current editions of NFPA 72, the California Electrical Code, the California Fire Code, the California Building Code, and the city or town ordinances, policies, and standards where a two-way system is being installed. [SCCFD Standard Details & Specifications, C-1].
Other standards also contain design/installation criteria for specific life safety related equipment. These other standards are referred to in NFPA 72. 161. ADDRESS IDENTIFICATION: (As noted on Sheet C108) New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.
162. CLOSURE OF FIRE APPARATUS ACCESS ROADWAYS: (As noted on Sheet C108) The installation of gates, or other barricades across required fire department access roads or driveways shall comply with Standard Details & Specifications, G-1. Detailed plans
ITEM NO. 4.
showing the location and method of the closure are required. Due to site access constraints, Broadway will be considered the primary emergency vehicle access route.
Signage shall be provided indicating it is for emergency access only as indicated on Sheet C108 and no obstruction to this access shall be installed or constructed without additional fire department review and approval.
163. FIRE LANE MARKING REQUIRED: (As noted on Sheet C108) Provide marking for all roadways within the project. Markings shall be per fire department specifications.
Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. CFC Sec. 503.3. 164. PARKING: (As noted on Sheet C108) When parking is permitted on streets, in both residential/commercial applications, it shall conform to the following: Parking is permitted both sides of the street with street widths of 36 feet or more; Parking is permitted on one side of the street with street widths of 28 – 35 feet; No parking is permitted when street widths are less than 28 feet. NOTE: Rolled curbs can be part of the curb/sidewalk and used to increase the roadway width with approval from the fire code official. Additional requirements may apply for buildings 30 feet in height or greater. No parking shall be allowed along the access road. Fire Lane markings applied throughout.
165. REQUIRED FIRE FLOW: Previous approved AMMR PC 21-3638 requires minimum fireflow for this project as 1500 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.1] 166. GENERAL: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the Fire Code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]
ITEM NO. 4.
From: John Shepardson >
Sent: Wednesday, February 5, 2025 3:53 PM
To: Council <[email protected]>
Subject: The Meadows (Broadway Access Road//EIR Environmentally Superior Alternative No. 3//Maintenance of Open Space)
[EXTERNAL SENDER]
Dear Mayor and Council:
Please add these comments to the record for this project and I suggest one or more of the points be raised in the consent calendar.
One, it was not clear after the meeting discussion what the parameters of the access road off Broadway were.
Two, upon review of this: https://mccmeetingspublic.blob.core.usgovcloudapi.net/losgatosmeet-8a715afca81849df8aa0439c7e187c27/ITEM-Attachment-004- b57c28d997cc4f45ac9c89f23775e57c.pdf
it is clear there will be a 15 foot secondary access road and apparently the SCC Fire Department signed off. I think it is very important that all the roads to the facility be sufficiently wide to allow for rapid evacuation of large numbers of people.
ATTACHMENT 2 Page 169
ITEM NO. 4.
Three,
Santa Clara County's minimum width for access roads is 18 feet, with 3-foot shoulders on each side. These requirements apply to private roads and driveways that serve new or expanded residential properties.
Additional requirements
• Shoulders must be able to support full loading and be drivable in all weather conditions • The Fire Marshal's Office may require wider roads to ensure adequate emergency access
• These standards apply to all properties in unincorporated Santa Clara County Where to find more information
• The County Land Development Engineering Standards (LDE) govern access roads in Santa Clara County
ITEM NO. 4.
• The Santa Clara County Fire Marshal's Office has standards that apply to access roads and driveways
• The Fire Marshal's Office may have additional requirements for access roads Related information
• The Santa Clara County Assessor's Office Property Assessment Information System can help determine APN numbers
• The Santa Clara County Assessor's Office can be contacted at (408) 299-5500 • County of Santa Clara
Apr 20, 2021 — 2. Access Roads: minimum width shall be 18 feet with a 3-foot shoulder on each side, in compliance with County Land De...
• Santa Clara County Fire Department
• County of Santa Clara - NET
Apr 20, 2021 — SANTA CLARA COUNTY FIRE MARSHAL'S OFFICE ... This standard is applicable to access roads and driveways serving new or ...
stgenpln.blob.core.windows.net
•
Four, Fire Trucks
The California Code of Regulations (CCR) allows fire trucks to have a maximum width of 120 inches. The pertinent statement is copied below:
(g) Fire trucks may exceed width limitations provided in Division 15 of the California Vehicle Code but cannot exceed 120 inches.
Five, EIR: I respectfully prefer alternative 3, but that train has left the station.
ITEM NO. 4.
ITEM NO. 4.
ITEM NO. 4.
than-significant impacts, and significant but mitigable impacts. However, this alternative would not meet the project objectives.
CEQA Guidelines section 15126.6(e)(2) states that if the environmentally superior alternative is the “no project” alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. Alternative 3, the Reduced Scale alternative, is considered to be the environmentally superior alternative among the remaining alternatives.
It is the only alternative that could accomplish some of the basic project objectives while minimally reducing some of the less-than-significant and/or significant and mitigable environmental impacts identified for the proposed project. (emphasis added) Five,
ITEM NO. 4.
ITEM NO. 4.
ITEM NO. 4.
John Shepardson
Attorney at Law
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This Page
Intentionally
Left Blank
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: 02/18/2025
ITEM NO: 5
DATE: February 11, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Receive the Monthly Financial and Investment Report for December 2024 RECOMMENDATION:
Receive the monthly Financial and Investment Report for December 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 December 2024 monthly Financial and Investment Report which fulfills this requirement.
The December 2024 Monthly Financial and Investment Report was received by the Finance Commission at its February 10, 2025, regular meeting.
DISCUSSION:
The December 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 December 31, 2024, fund balance report.
ITEM NO. 5.
PAGE 2 OF 3
SUBJECT: Monthly Financial and Investment Report for December 2025 DATE: February 11, 2025
In the case that the differences are extraordinary and unanticipated, we will ensure we present more information to explain the differences.
The December 31, 2024, estimated fund balances differ from the November 30, 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 December 31, 2024, the Town’s financial position (Cash Plus Other Assets $81.05M, Liabilities $26.38M, and Fund Equity $54.67M) remains strong and the Town has sufficient funds to meet the cash demands for the next six months.
As of December 31, 2024, the Town’s weighted portfolio yield for investments under management was 4.44% which was 1 basis point above the Local Agency Investment Fund (LAIF) yield of 4.43% for the same reporting period. As of November 30th, 2024, the LAIF portfolio’s weighted average maturity (WAM) is 257 days versus the Town’s longer WAM of 677 days on December 31, 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 4.44% at the close of December decreased 1 basis point when compared to the November 30, 2024, investment report.
Since December 2023, LAIF yields have climbed from 393 basis points (3.93%) to 443 basis points (4.43%) through the end of December 2024. The State LAIF pool typically lags the market when current market yields are either increasing or decreasing.
ITEM NO. 5.
PAGE 3 OF 3
SUBJECT: Monthly Financial and Investment Report for December 2025 DATE: February 11, 2025
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 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 US economy added 227,000 jobs in November, close to consensus forecasts. The prior two months were revised up following hurricane and strike related disruptions in the prior month.
The unemployment rate edged up from 4.1% to 4.2% while the participation rate fell from
62.6% to 62.5%. Wage growth remained at 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 December 2024.
Attachments:
1. Financial and Investment Report (December 2024)
ITEM NO. 5.
Weighted Average YTM Portfolio Yield on Investments
under Management 4.44%
Weighted Average Maturity (days) 677
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $66,720,922 $69,393,525 $67,640,642 Managed Investments $50,532,565
Local Agency Investment Fund $11,874,049
Reconciled Demand Deposit Balances $4,314,308
Portfolio Allocation & Treasurer's Cash Balances $66,720,922 Benchmarks/ References:
Town's Average Yield 4.44% 4.45% 4.23%
LAIF Yield for month 4.43% 4.48% 3.93%
3 mo. Treasury 4.31% 4.49% 5.36%
6 mo. Treasury 4.27% 4.44% 5.27%
2 yr. Treasury 4.24% 4.15% 4.25%
5 yr. Treasury 4.38% 4.05% 3.85%
10 Yr. Treasury 4.57% 4.17% 3.88%
Town of Los Gatos
Summary Investment Information
December 31, 2024
0 - 1 year
36%
1 - 2 years
18%
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 190
ITEM NO. 5.
Month YTD
Cash & Investment Balances - Beginning of Month/Period $ 69,393,524.76 $ 81,368,409.88 Receipts 5,250,952.05 32,624,696.11
Disbursements (7,923,555.04) (47,272,184.22)
Cash & Investment Balances - End of Month/Period $66,720,921.77 $66,720,921.77 Portfolio Allocation Amount % of Portfolio
Max. % or $ Allowed
per State Law or Policy
BNY MM $219,054.88 0.35% 20% of Town Portfolio
US Treasury Notes $20,469,190.11 32.80% No Max. on US Treasuries Government Agency Debenture Notes $15,904,019.60 25.48% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $13,940,300.50 22.34% 30% of Town Portfolio Local Agency Investment Fund $11,874,049.16 19.03% $75 M per State Law Subtotal - Investments 62,406,614.25 100.00%
Reconciled Demand Deposit Balances 4,314,307.52
Total Portfolio Allocation & Treasurer's Cash Balances $66,720,921.77
0.0401
0.0388
Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
December 31, 2024
BNY MM
0.35%
US Treasury Notes
32.80%
Government Agency Debenture
Notes
25.48%
Corporate Medium Term Bonds
22.34%
Local Agency Investment Fund
19.03%
Portfolio Investment Allocation
$67.6 M $66.7 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
Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Treasurer's Fund Balances
2
ITEM NO. 5.
December 2024 December 2024 December 2024
Beginning Deposits Interest/ Ending
Balance Realized Gain/Adj. Earnings Withdrawals Balance Non-Treasury Funds:
Cert. of Participation 2002 Ser A Reserve Fund $ 697,187.51 $ - $ 2,388.40 $ - $ 699,575.91 Note 1 Cert. of Participation 2010 Ser Lease Payment Fund 976.88 - 3.63 - 980.51 Note 2 Cert. of Participation 2002 Ser A Lease Payment Fund 17,519.84 - 60.00 - 17,579.84 Note 1 Cert. of Participation 2010 Ser Reserve Fund 1,418,518.80 - 5,309.11 - 1,423,827.91 Note 2 Total Restricted Funds: $ 2,134,203.03 $ - $ 7,761.14 $ - $ 2,141,964.17 CEPPT IRS Section 115 Trust 2,307,781.57 - (54,703.92) - $ 2,253,077.65 Note 3 Grand Total COP's and CEPPT Trust $ 4,441,984.60 $ - $ (46,942.78) $ - $ 4,395,041.82 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
December 31, 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 $ 239,396.54
January 2025 $ -
February 2025 $ -
March 2025 $ -
April 2025 $ -
May 2025 $ -
June 2025 $ -
$ 1,426,003.79
Town of Los Gatos
Statement of Interest Earned
December 31, 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) 1,250,366.00 21,775.00 6/21/2027 4.19% $ 65,137.22 $ 81,871.88 $ 26,997.18 902 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 (8,040.00) 982,240.00 (9,720.00) 1/1/2026 3.04% $ 64,750.00 $ 61,696.52 $ 16,310.57 366 US Treasury 912828ZW3 US Treasury Note 0.25% 8/9/2022 350,000.00 322,096.88 (27,903.12) 343,304.50 21,207.62 6/30/2025 3.16% $ 2,092.39 $ 19,915.08 $ 5,303.00 181 FFCB 3133EN5V8 Gov. Agency Debenture 4.13% 1/17/2023 236,000.00 239,174.20 3,174.20 235,261.32 (3,912.88) 1/11/2027 3.76% $ 14,440.25 $ 12,979.52 $ 4,506.10 741 US Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 (87,434.82) 766,248.00 53,682.82 3/31/2026 4.14% $ 12,000.00 $ 54,221.52 $ 15,613.08 455 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 939.60 899,775.00 (1,164.60) 9/30/2025 4.14% $ 76,500.00 $ 66,415.88 $ 19,124.45 273 JP Morgan Chase 46625HRS1 Corporate Bond 3.20% 9/23/2022 500,000.00 474,660.00 (25,340.00) 490,495.00 15,835.00 3/15/2026 4.70% $ 35,644.44 $ 41,217.45 $ 11,739.95 439 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 (97,047.60) 1,169,952.00 66,999.60 8/25/2025 3.04% $ 9,937.50 $ 71,445.55 $ 17,504.64 237 US Treasury 912828ZL7 US Treasury Note 0.38% 4/12/2022 1,700,000.00 1,583,927.57 (116,072.43) 1,678,427.00 94,499.43 4/30/2025 2.72% $ 16,254.49 $ 98,544.63 $ 22,385.45 120 FHLB 3130AQF65 Gov. Agency Debenture 1.25% 11/30/2022 1,300,000.00 1,160,559.40 (139,440.60) 1,229,280.00 68,720.60 12/21/2026 4.15% $ 33,447.92 $ 80,116.59 $ 25,504.24 720 FHLB 3130APJH9 Gov. Agency Debenture 1.00% 1/17/2023 1,000,000.00 907,010.00 (92,990.00) 958,320.00 51,310.00 10/28/2026 4.17% $ 18,354.17 $ 50,234.10 $ 17,439.76 666 FFCB 3133EN5N6 Gov. Agency Debenture 4.00% 2/8/2023 1,700,000.00 1,706,732.00 6,732.00 1,683,442.00 (23,290.00) 1/6/2028 3.91% $ 95,955.56 $ 92,733.76 $ 33,588.61 1101 Freddie Mac 3137EAEX3 Gov. Agency Debenture 0.38% 5/1/2023 750,000.00 689,032.50 (60,967.50) 729,382.50 40,350.00 9/23/2025 3.97% $ 3,921.87 $ 32,931.11 $ 14,223.77 266 American Honda 02665WED9 Corporate Bond 4.70% 5/11/2023 600,000.00 608,856.00 8,856.00 598,500.00 (10,356.00) 1/12/2028 4.34% $ 32,978.33 $ 29,982.05 $ 13,261.29 1107 US Treasury 91282CEF4 US Treasury Note 2.50% 6/9/2023 1,500,000.00 1,416,626.12 (83,373.88) 1,444,215.00 27,588.88 3/31/2027 4.09% $ 49,077.87 $ 62,956.31 $ 29,932.72 820 US Treasury 91282CGA3 US Treasury Note 4.00% 6/20/2023 2,100,000.00 2,080,558.59 (19,441.41) 2,096,430.00 15,871.41 12/15/2025 4.40% $ 124,852.46 $ 94,573.28 $ 46,280.54 349 Colgate-Palmolive 194162AR4 Corporate Bond 4.60% 7/14/2023 500,000.00 504,655.00 4,655.00 503,340.00 (1,315.00) 2/1/2028 4.37% $ 26,002.79 $ 21,195.52 $ 11,079.48 1127 FannieMae 3135G06G3 Gov. Agency Debenture 0.50% 7/14/2023 500,000.00 455,157.00 (44,843.00) 484,380.00 29,223.00 11/7/2025 4.63% $ 3,284.72 $ 21,047.01 $ 11,001.85 311 FFCB 3133EPQC2 Gov. Agency Debenture 4.63% 7/17/2023 500,000.00 501,957.50 1,957.50 502,160.00 202.50 7/17/2026 4.48% $ 23,125.00 $ 21,487.97 $ 11,328.90 563 FFCB 3133EPBM6 Gov. Agency Debenture 4.13% 7/14/2023 600,000.00 596,220.00 (3,780.00) 596,928.00 708.00 8/23/2027 4.29% $ 27,431.25 $ 24,754.94 $ 12,940.08 965 PNC Bank 69353RFJ2 Corporate Bond 3.25% 7/25/2023 1,000,000.00 921,490.00 (78,510.00) 957,640.00 36,150.00 12/23/2027 5.23% $ 32,229.17 $ 46,970.90 $ 25,345.00 1087 US Treasury 91282CFU0 US Treasury Note 4.13% 7/31/2023 1,300,000.00 1,290,660.60 (9,339.40) 1,294,722.00 4,061.40 10/31/2027 4.31% $ 67,031.25 $ 51,232.08 $ 28,139.41 1034 Toyota Motor Credit 89236TKL8 Corporate Bond 5.45% 8/25/2023 1,600,000.00 1,617,168.00 17,168.00 1,637,424.00 20,256.00 11/10/2027 5.16% $ 105,366.67 $ 70,599.88 $ 41,904.45 1044 US Treasury 912810FE3 US Treasury Note 5.50% 10/3/2023 1,200,000.00 1,238,207.14 38,207.14 1,250,064.00 11,856.86 8/15/2028 4.76% $ 57,211.96 $ 43,179.27 $ 29,317.29 1323 Pepsico Inc 713448DF2 Corporate Bond 2.85% 10/16/2023 1,000,000.00 947,570.00 (52,430.00) 982,280.00 34,710.00 11/24/2025 5.24% $ 24,383.33 $ 37,712.66 $ 26,895.85 328 FFCB 3133EPUW3 Gov. Agency Debenture 4.75% 10/13/2023 1,000,000.00 994,338.00 (5,662.00) 1,007,700.00 13,362.00 9/1/2026 4.96% $ 41,958.33 $ 35,367.82 $ 24,933.64 609 Freddie Mac 3137EAEP0 Gov. Agency Debenture 1.50% 10/13/2023 1,000,000.00 951,540.00 (48,460.00) 996,750.00 45,210.00 2/12/2025 5.32% $ 12,458.33 $ 36,644.18 $ 25,833.45 43 US Treasury 91282CEW7 US Treasury Note 3.25% 10/16/2023 1,000,000.00 950,039.06 (49,960.94) 976,450.00 26,410.94 6/30/2027 4.73% $ 39,211.96 $ 32,499.52 $ 23,177.95 911 US Treasury 91282CEN7 US Treasury Note 2.75% 10/31/2023 1,300,000.00 1,214,336.39 (85,663.61) 1,256,684.00 42,347.61 4/30/2027 4.82% $ 35,750.00 $ 40,101.59 $ 30,364.99 850 US Treasury 91282CAB7 US Treasury Note 0.25% 11/15/2023 675,000.00 623,900.39 (51,099.61) 659,650.50 35,750.11 7/31/2025 4.92% $ 1,196.84 $ 19,725.12 $ 15,918.52 212 US Treasury 91282CGU9 US Treasury Note 3.88% 11/30/2023 1,000,000.00 983,515.62 (16,484.38) 998,980.00 15,464.38 3/31/2025 5.17% $ 32,291.67 $ 29,822.81 $ 25,762.43 90 US Treasury 91282CCH2 US Treasury Note 1.25% 12/21/2023 900,000.00 798,647.55 (101,352.45) 810,810.00 12,162.45 6/30/2028 3.99% $ 11,555.71 $ 17,690.14 $ 16,953.05 1277 FNMA 3135G0Q22 Gov. Agency Debenture 1.88% 12/21/2023 900,000.00 845,676.00 (54,324.00) 864,909.00 19,233.00 9/24/2026 4.22% $ 12,796.88 $ 19,224.14 $ 18,423.14 632 US Treasury 91282CFB2 US Treasury Note 2.75% 1/2/2024 1,000,000.00 960,354.91 (39,645.09) 962,970.00 2,615.09 7/31/2027 3.95% $ 15,917.12 $ 19,025.75 $ 19,448.54 942 US Treasury 91282CHE4 US Treasury Note 3.63% 1/17/2024 1,800,000.00 1,775,185.72 (24,814.28) 1,760,346.00 (14,839.72) 5/31/2028 3.97% $ 56,692.63 $ 32,061.96 $ 35,753.94 1247 JP Morgan Chase 46647PDG8 Corporate Bond 4.85% 2/1/2024 1,400,000.00 1,396,528.00 (3,472.00) 1,399,888.00 3,360.00 7/25/2027 4.93% $ 32,825.10 $ 28,319.94 $ 34,739.13 936 US Bancorp 91159HJF8 Corporate Bond 4.55% 2/5/2024 1,000,000.00 989,200.00 (10,800.00) 991,710.00 2,510.00 7/22/2027 4.89% $ 21,097.67 $ 19,440.46 $ 24,500.30 933 Treasury 91282CHB0 US Treasury Note 3.63% 2/23/2024 1,175,000.00 1,151,962.92 (23,037.08) 1,165,271.00 13,308.08 5/15/2026 4.56% $ 30,892.17 $ 18,568.45 $ 26,692.14 500 FHLB 3130AXB31 Gov. Agency Debenture 4.88% 2/27/2024 1,000,000.00 1,003,060.00 3,060.00 1,006,660.00 3,600.00 3/13/2026 4.72% $ 27,354.17 $ 16,052.33 $ 23,819.58 437 FFCB 3133EP5U5 Gov. Agency Debenture 4.13% 3/28/2024 1,700,000.00 1,687,981.00 (12,019.00) 1,680,501.00 (7,480.00) 3/20/2029 4.28% $ 33,504.17 $ 18,681.03 $ 36,567.13 1540 US Treasury 9128285M8 US Treasury Note 3.13% 4/30/2024 1,200,000.00 1,123,832.14 (76,167.86) 1,148,112.00 24,279.86 11/15/2028 4.69% $ 20,295.34 $ 9,066.06 $ 27,346.81 1415 Cisco Systems 17275RBR2 Corporate Bond 4.85% 5/15/2024 1,000,000.00 999,130.00 (870.00) 1,006,300.00 7,170.00 1/26/2029 4.87% $ 13,606.94 $ 6,135.64 $ 24,542.55 1487 Home Depot 437076CW0 Corporate Bond 4.90% 5/17/2024 1,000,000.00 1,001,790.00 1,790.00 1,008,710.00 6,920.00 4/15/2029 4.86% $ 20,144.44 $ 5,862.95 $ 24,517.78 1566 Treasury 91282CJR3 US Treasury Note 3.75% 5/31/2024 1,200,000.00 1,154,629.02 (45,370.98) 1,172,904.00 18,274.98 12/31/2028 4.68% $ 26,208.79 $ 4,511.24 $ 27,668.97 1461 American Honda 02665WEY3 Corporate Bond 4.95% 6/27/2024 1,000,000.00 995,640.00 (4,360.00) 1,001,780.00 6,140.00 1/9/2026 5.25% $ 1,787.50 $ 430.16 $ 26,383.44 374 FHLB 3130B1BT3 Gov. Agency Debenture 4.88% 7/2/2024 1,150,000.00 1,150,966.00 966.00 1,159,246.00 8,280.00 6/12/2026 4.82% $ 19,310.42 $ - $ 27,706.83 528 Citibank 17325FBK3 Corporate Bond 4.84% 8/15/2024 1,250,000.00 1,263,062.50 13,062.50 1,244,350.00 (18,712.50) 1,511.88 7/6/2029 4.60% $ (1,511.88) $ - $ 21,855.21 1648 FNMA 3135G05Y5 Gov. Agency Debenture 0.75% 9/10/2024 1,100,000.00 1,010,724.00 (89,276.00) 998,195.00 (12,529.00) 10/8/2027 3.56% $ 641.67 $ - $ 11,435.26 1011 US Treasury 91282CFL0 US Treasury Note 3.88% 12/3/2024 1,100,000.00 1,088,144.31 (11,855.69) 1,075,943.00 (12,201.31) 7,494.51 9/30/2029 4.12% $ (7,494.51) $ - $ 3,458.26 1734 Subtotal $ 51,986,000.00 $ 50,313,510.21 $ (1,672,489.79) $ 51,119,395.82 $ 805,885.61 $ 9,006.39 $ 1,519,902.07 $ 1,699,246.78 $ 1,095,470.70 BNY MM Money Market 219,054.88 219,054.88 0.00 0.00% 1
LAIF State Investment Pool 11,874,049.16 11,869,560.59 (4,488.57) 4.43% 309,644.30 1 62,406,614.25 $63,208,011.29 $801,397.04 $9,006.39 $ 1,519,902.07 $ 1,699,246.78 $ 1,405,115.00 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 US Treasury 912828YV6 US Treasury Note 1.50% 11/15/2023 700,000.00 673,667.97 (26,332.03) 11/30/2024 5.26% $ 10,930.33 $ 22,316.65 $ 14,975.65 Total Investments "Matured" $ 20,888.78
Total Interest FY 24_25 Matured and Current $ 1,426,003.79 Maturity Profile Amount Percent
0-1 year $ 22,734,294.59 36%
1-2 years $10,890,355.00 17%
2-3 years $13,831,112.28 22%
3-5 years $ 14,950,852.38 24%
$62,406,614.25 100%
Town of Los Gatos
Investment Schedule
December 31, 2024
5
ITEM NO. 5.
Date Cusip/Id Description Transaction Type Settlement Date Par Coupon Maturity Date Price Principal Interest Transaction
Total
12/3/2024 91282CFL0 USA TREASURY 3.875% 30SEP2029 PURCHASE 12/3/2024 1,100,000.00 3.875% 9/30/2029 98.92 1,088,144.31 7,494.51 1,095,638.82 12/2/2024 912828YV6 USA TREASURY 1.5% 30NOV2024 REDEMPTION 12/2/2024 700,000.00 1.500% 11/30/2024 100.00 700,000.00 - 700,000.00 12/3/2024 Cash-USD Cash-USD
SHORT TERM INVESTMENT
FUND INCOME 12/3/2024 1,507.06 0.000% 100.00 - - 1,507.06 12/12/2024 3130B1BT3
FEDERAL HOME LOAN BANK 4.875%
12JUN2026 BOND INTEREST 12/12/2024 1,150,000.00 4.875% 6/12/2026 - - 33,637.50 33,637.50 12/16/2024 46625HRS1
JPMORGAN CHASE & CO 3.2% 15JUN2026
(CALLABLE 15MAR26) BOND INTEREST 12/15/2024 500,000.00 3.200% 6/15/2026 - - 8,000.00 8,000.00 12/16/2024 91282CGA3 USA TREASURY 4% 15DEC2025 BOND INTEREST 12/15/2024 2,100,000.00 4.000% 12/15/2025 - - 42,000.00 42,000.00 12/23/2024 3130AQF65
FEDERAL HOME LOAN BANK 1.25%
21DEC2026 BOND INTEREST 12/21/2024 1,300,000.00 1.250% 12/21/2026 - - 8,125.00 8,125.00 12/31/2024 912828ZW3 USA TREASURY 0.25% 30JUN2025 BOND INTEREST 12/31/2024 350,000.00 0.250% 6/30/2025 - - 437.50 437.50 12/31/2024 91282CCH2 USA TREASURY 1.25% 30JUN2028 BOND INTEREST 12/31/2024 900,000.00 1.250% 6/30/2028 - - 5,625.00 5,625.00 12/31/2024 91282CEW7 USA TREASURY 3.25% 30JUN2027 BOND INTEREST 12/31/2024 1,000,000.00 3.250% 6/30/2027 - - 16,250.00 16,250.00 12/31/2024 91282CJR3 USA TREASURY 3.75% 31DEC2028 BOND INTEREST 12/31/2024 1,200,000.00 3.750% 12/31/2028 - - 22,500.00 22,500.00 Town of Los Gatos
Investment Transaction Detail
December 31, 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 3 3 HOME DEPOT INC. 3% 01APR2026 (CALLABLE 01JAN2026) 46113 $ 1,000,000 A A2 3 3 3 3 JPMORGAN CHASE & CO 3.2 15JUN2026 (CALLABLE 15MAR26) 46188 $ 500,000 A A1 3 2 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 2 3 4 CISCO INC. 4.85% 26FEB2029 (CALLABLE 26JAN2029) 2/26/2029 $ 1,000,000 AA- A1 3 1 4 3 HOME DEPOT INC. 4.9% 15APR2029 (CALLABLE 15MAR2029) 47223 $ 1,000,000 A A2 3 3 3 3 CITIBANK 4.838% 06AUG2029 (CALLABLE 06JUL2029) 8/6/2029 $ 1,250,000 A+ Aa3 3 1 3 3 Total/Average $ 14,150,000 3.1 2.1 3.2 3.4
*ESG ratings are from 1 to 5, with 1 as the highest rating and 5 as the lowest. All ratings are weighted by industry rankings, based on the importance of the category within the individual industry.
Town of Los Gatos
Insight ESG Ratings as of December 31, 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) - (4,326,236) 4,285,430 (4,707,336) - - (4,748,142) General Fund Total 31,062,075 (4,326,236) 4,285,430 (4,707,336) - - 26,313,933 * Interfund transfers and Council Priorities/Economic Recovery funding allocation to be performed as part of the fiscal year end closing entries.
December 2024
Prior Year
Carryforward
7/1/2024*
Increase/
(Decrease)
July - November
Estimated Fund
Balance
12/31/2024*
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 (51,579) 13,641 (31,333) - - 684,863 231-236 Landscape & Lighting Districts 182,625 (9,971) - (1,822) - - 170,832 251 Los Gatos Theatre 171,035 114,028 8,156 (194) - - 293,025 711-716 Library Trusts 556,849 42,568 - (2,271) - - 597,146 Special Revenue Total 1,831,296 95,046 21,797 (35,620) - - 1,912,519
CAPITAL PROJECTS
411 GFAR - General Fund Appropriated Reserve 20,253,300 (296,122) 82,395 (1,743,920) - - 18,295,653 412 Community Center Development 866,281 - - - - - 866,281 421 Grant Funded Projects (2,563,503) (108,898) 1,675,914 (894,428) - - (1,890,915) 461-463 Storm Basin Projects 3,531,248 27,775 - (54,193) - - 3,504,830 471 Traffic Mitigation Projects 509,491 - 720 (720) - - 509,491 472 Utility Undergrounding Projects 3,584,251 7,967 - - - - 3,592,218 481 Gas Tax Projects 1,928,167 582,849 152,114 (1,620,034) - - 1,043,096 Capital Projects Total 28,109,235 213,571 1,911,143 (4,313,295) - - 25,920,654
INTERNAL SERVICE FUNDS
611 Town General Liability 177,876 (1,327,142) 646,317 (14,508) - - (517,457) 612 Workers Compensation 586,246 (692,547) 742,076 (181,599) - - 454,176 621 Information Technology 2,523,347 (312,440) 193,533 (51,370) - - 2,353,070 631 Vehicle & Equipment Replacement 3,286,552 (91,465) 280,915 - - - 3,476,002 633 Facility Maintenance 960,526 (59,391) 288,077 (85,301) - - 1,103,911 Internal Service Funds Total 7,534,547 (2,482,985) 2,150,918 (332,778) - - 6,869,702 Trust/Agency
942 RDA Successor Agency (4,632,040) (1,715,739) - (139) - - (6,347,918) Trust/Agency Fund Total (4,632,040) (1,715,739) - (139) - - (6,347,918) Total Town 63,905,113 (8,216,343) 8,369,288 (9,389,168) - - 54,668,890 * 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 $453,983.85 111-23521 BMP Housing deposit account balance $4,039,055.78 Prior Year
Carryforward
7/1/2024*
Increase/
(Decrease)
July - November
December 2024
Estimated Fund
Balance
12/31/2024*
9
ITEM NO. 5.
PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/18/2025
ITEM NO: 6
DATE: February 13, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute the First Amendment to a Contract with Anvil Builders, Inc. dba Sonoma Tree Surgery to Extend the Term of Performance to September 30, 2027 for Vegetation Management – Townwide Open Spaces Project (CIP No. 832-4508)
RECOMMENDATION:
Authorize the Town Manager to execute the First Amendment (Attachment 1) to a Contract with Anvil Builders, Inc. dba Sonoma Tree Surgery to extend the term of performance to September 30, 2027 for Vegetation Management – Townwide Open Spaces Project (CIP No. 832-4508).
BACKGROUND:
On October 15, 2024, the Town Council authorized the Town Manager to execute an agreement with Anvil in the amount of $1,513,712.00. Through this contract, Anvil will perform wildfire risk reduction work in the Town-owned properties of La Rinconada Park, Worcester Park, Novitiate Park, Heintz Open Space, and Santa Rosa Open Space. The work will be funded through a Hazard Mitigation Grant from the Federal Emergency Management Agency (FEMA) and required Town of Los Gatos matching funds.
DISCUSSION:
In the executed contract, the performance term was set at 150 days from the Notice to Proceed. This does not allow adequate time for the completion of the two years of maintenance that is required per the contract. This amendment corrects the time of performance to September 30, 2027 to appropriately reflect the scope of work.
ITEM NO. 6.
PAGE 2 OF 3
SUBJECT: Open Space Vegetation Management – Townwide Open Spaces (CIP No. 832- 4508) Contract Modifications – Anvil Builders, Inc.
DATE: February 13, 2025
Termination of this agreement is defined by Article 13 of the General Conditions included in the Bid Documents for the project. Article 13 reads, in part:
Suspension for Convenience. Town reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for Town’s convenience. Upon notice by Town pursuant to this provision, Contractor must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by Town except for taking measures to protect completed or in-progress…
And
Termination for Convenience. Town reserves the right, acting in its sole discretion, to terminate all or part of the Contract for convenience upon written notice to Contractor…
In the event that federal funding is rescinded or delayed, these provisions would provide the opportunity for the Town to delay or terminate the work.
CONCLUSION:
The proposed action will match the contract period to the scope of work requested.
COORDINATION:
This report was coordinated with the Town Attorney, the Finance Director, and Anvil Builders, Inc. dba Sonoma Tree Surgery.
ITEM NO. 6.
PAGE 3 OF 3
SUBJECT: Open Space Vegetation Management – Townwide Open Spaces (CIP No. 832- 4508) Contract Modifications – Anvil Builders, Inc.
DATE: February 13, 2025
FISCAL IMPACT:
There are no fiscal impacts associated with this action. The fiscal report presented below is consistent with the October 15, 2024 staff report.
Vegetation Management - Town-wide
CIP No. 832-4508
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
Previously Authorized Contractor Services for Vegetation Management (10/15/24 TC Meeting) $ 1,513,712
Previously Authorized Contractor Services 20% Contingency for Vegetation Management (10/15/24 TC Meeting) $ 302,742 Total Expenditures $ 2,047,809
Total Project Balance $ 109,958
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA and is covered by the Towns Project Specific Analysis (PSA) filed with CAL FIRE in Sacramento.
Attachments:
1. First Amendment to Contract with Anvil Builders, Inc. dba Sonoma Tree Surgery
ITEM NO. 6.
First Amendment to Contract
Anvil Builders dba Atlas Sonoma Tree Surgery
AMENDMENT TO CONTRACT
This First Amendment is dated for identification this 18th day of February 2025, and amends that certain Contract dated 24th of October 2024, made by and between the Town of Los Gatos, ("Town,") and the Anvil Builders dba Atlas Sonoma Tree Surgery (“Contractor”) identified as an S Corporation and whose address is 1550 Park Avenue, Emeryville, CA 94608.
RECITALS
A. Town and Contractor entered into Contract on October 24, 2024, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to provide Town desires to amend the Contract to extend the term to allow for execution of the two-year maintenance term.
AMENDMENT
1. Section 5. Time for Completion is amended to read as follows:
Contractor will fully complete the Work for the Project, meeting all the requirements for Final Completion, by September 30, 2027.
2. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
ITEM NO. 6.
First Amendment to Contract
Anvil Builders dba Atlas Sonoma Tree Surgery
IN WITNESS WHEREOF, the Town and Contractor have executed this Amendment.
Town of Los Gatos: Anvil Builders dba Atlas Sonoma Tree Surgery by:
_______________________________ ______________________________ Chris Constantin, Town Manager Alan Guy, President
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. 6.
Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
EXHIBIT A
ITEM NO. 6.
Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
ITEM NO. 6.
Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
ITEM NO. 6.
Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
ITEM NO. 6.
Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
ITEM NO. 6.
Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
ITEM NO. 6.
Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
ITEM NO. 6.
Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
ITEM NO. 6.
Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
ITEM NO. 6.
Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
ITEM NO. 6.
Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
ITEM NO. 6.
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Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
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Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
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Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
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Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
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Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A
ITEM NO. 6.
Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A 10/24/2024 10/24/202410/25/2024
ITEM NO. 6.
PREPARED BY: Saurabh Nijhawan
Senior Civil Engineer
Reviewed by: Town Manager, Assistant Town Manager Town Attorney, Finance Director, and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/18/2025
ITEM NO: 7
DATE: February 16, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Rejecting All Bids for the Montebello Bollard Project (CIP No. 813-0235)
RECOMMENDATION:
Adopt a resolution (Attachment 1) rejecting all bids for the Montebello Bollard Project (CIP No. 813-0235).
BACKGROUND:
Town Plaza Park is an important space for special events in downtown Los Gatos. Many of the events at this location include the closure of Montebello Way and Broadway between South Santa Cruz Avenue and Montebello Way. The Montebello and Broadway closure is implemented approximately 67 times each year, during which time the space fills with pedestrians.
On May 21, 2024, during the budget hearing, the Town Council directed the use of $50,000 from the Downtown Streetscape Revitalization / Economic Recovery Efforts project for the installation of bollards on Broadway and Montebello. This funding will help ensure consistency in the implementation of closures.
DISCUSSION:
Staff developed plans, specifications, and an estimate for the bollard project. The base bid called for a set of bollards across Montebello Way east of West Main Street, and across
ITEM NO. 7.
PAGE 2 OF 2
SUBJECT: Adopt resolution rejecting all bids for the Montebello Bollard Project DATE: February 13, 2025
Broadway south of South Santa Cruz Avenue. A bid alternate included another set of bollards across Montebello Way at the intersection of Montebello and Broadway.
The project was advertised for bids on October 25, 2024. On November 20, 2024, bid packages were opened and seven contractors submitted bids. A summary of bid results is presented in Table 1. The apparent low and responsive bidder was John Boylan Engineering.
Table 1. Bid Summary for Montebello Bollard Los Gatos Plaza Park Project (CIP No. 803-0235) BIDDER NAME BASE BID ADD ALT 1 TOTAL BID
AMOUNT
John Boylan Engineering $69,500.00 $27,750.00 $97,250.00 Glynn Construction $82,958.00 $35,015.00 $117,973.00
Golden Bay Construction $105,289.00 $30,531.00 $135,820.00 Galeb Paving, Inc. $142,200.00 $32,780.00 $174,980.00
Aberle Concrete, Excavating & Grading, Inc. $132,572.00 $48,844.00 $181,416.00 Rusty Bucket Construction, LLC $134,172.15 $52,640.05 $186,812.20 Estate Design and Construction $192,915.00 $7,000.00 $199,915.00 The bids came in higher than the allocated funds of $50,000.
More recently, there have been a series of national events highlighting the need for increased security along public roadways when used for large public gatherings. To address these factors, staff recommends redesigning and rebidding the project. The need for additional funds to complete this project will be discussed during the budget process.
CONCLUSION:
Staff recommends that the Town Council adopt a resolution rejecting all bids per California Public Contracts Code Section 22038 and Town Code Section 2.50.140 for the Montebello Bollard Project.
FISCAL IMPACTS
There are no fiscal impacts associated with this action.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA and is Categorically Exempt (Section 15301(c)). A Notice of Exemption has been filed.
Attachment:
1. Draft Resolution
ITEM NO. 7.
1 of 1
Draft Resolution Council Meeting Date
ATTACHMENT 1
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REJECTING ALL BIDS FOR THE MONTEBELLO BOLLARD PROJECT (CIP NO. 813-0235) WHEREAS, two of the perimeter streets surrounding Plaza Park in Downtown, Broadway and Montebello Way, are frequently closed for special events; and, WHEREAS, there is a need to provide a more safe environment for pedestrians during the use of Broadway and Montebello Way during special events; and, WHEREAS, Parks and Public Works designed and bid a bollard safety improvement project to enhance the safe use of Broadway and Montebello; and, WHEREAS, bids came in higher than the allocated project budget; and, WHEREAS, Parks and Public Works recommends that Town Council reject all bids to allow staff to redesign and rebid the project if future funds are allocated.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby declare, determine, and order as follows:
Reject all project bids for the Montebello Bollard Project per California Public Contracts Code Section 22038 and Town Code Section 2.50.140.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 18th day of February 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. 7.
PREPARED BY: Mike Vroman
Senior Traffic Engineer
Reviewed by: Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/18/2025
ITEM NO: 8
DATE: February 13, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Fifth Amendment to the Agreement for Services with St. Francis Electric, Inc. for Traffic Signal and Streetlight Maintenance, and Underground Service Alert Locating Services to Increase the Contract Amount of $90,000, for a Total Agreement Amount Not to Exceed $1,098,948; and Amend the Rate Schedule
RECOMMENDATION:
Authorize the Town Manager to execute a fifth amendment to the agreement for services (Attachment 1) with St. Francis Electric, Inc. for Traffic Signal and Streetlight Maintenance, and Underground Service Alert Locating Services to increase the contract amount of $90,000, for a total agreement amount not to exceed $1,098,948; and amend the Rate Schedule.
BACKGROUND:
The Town of Los Gatos contracts services for the routine maintenance and repair of traffic signals and streetlights, and underground utility locating services relating to the electric services within the Town’s jurisdiction. Traffic signal and streetlight contract services include repairs and upgrades on an as-needed basis, periodic inspections, testing of the equipment, and lamp replacements. Underground utility locating services involve responding to Underground Service Alert (USA) requests to identify and mark the Town’s underground infrastructure at construction sites prior to any digging operations. Staff has determined that contractual services are the most cost-effective delivery method due to the technical expertise and specialty equipment required for this work.
Following competitive solicitation, on September 15, 2020, the Town Council authorized the execution of a five-year Agreement for Services (FY 2020/21 through FY 2024/25) with St.
Francis Electric, Inc. to provide traffic signal and streetlight repair and maintenance and USA locating services for a total agreement amount not to exceed $675,000 ($135,000 per year).
ITEM NO. 8.
PAGE 2 OF 3
SUBJECT: Fifth Amendment to the Agreement for Services with St. Francis Electric, Inc.
DATE: February 13, 2025
On August 3, 2021, the Town Council authorized a first amendment to the Agreement for an increase of $8,567 for FY 2020/21 to cover the cost overage from a high number of USA requests received for various development and Town capital improvement projects for a total agreement amount not to exceed $683,567.
On March 15, 2022, the Town Council authorized a second amendment to the Agreement for an increase of $67,000 for FY 2021/22 to cover cost overages for routine and response maintenance and USA requests; and an increase of $50,000 per year to the base compensation of the agreement ($150,000 total) for remaining three fiscal years. This resulted in a total agreement amount of $900,567.
On May 12, 2023, the Town Council authorized a third amendment to the Agreement for an increase of $53,381 for FY 2022/23 to cover cost overages for response repair and maintenance services. This resulted in a total agreement amount of $953,948.
On May 7, 2024, the Town Council authorized a fourth amendment to the Agreement for an increase of $55,000 for FY 2023/24 to cover cost overages for response repair and maintenance services. This resulted in a total agreement amount of $1,008,948.
The table below depicts the original contract and amendment amounts, increasing the total five-year contract amount not to exceed $1,098,948.
DISCUSSION:
The service needs and resulting costs each fiscal year depend on the number of traffic signal and streetlight repair and maintenance calls and USA requests. The budget for response repair and maintenance services has been exhausted for this fiscal year. The Town encountered numerous traffic signal, streetlight, and radar speed feedback sign repair issues during this current fiscal year due to maintaining our aging infrastructure. Staff also installed accessible Original Contract $675,000 Original Five-Year Agreement First Amendment 8,567 For FY20/21 Services
Second Amendment 67,000
150,000
For FY 2021/22 Services and
For FY 2022/23 to FY 2024/25 Base Services
Third Amendment 53,381 For FY 2022/23 Services
Fourth Amendment 55,000 For FY 2023/24 Services
Fifth Amendment
(Proposed)
90,000
For FY 2024/25 Services
Total $1,098,948 ----
ITEM NO. 8.
PAGE 3 OF 3
SUBJECT: Fifth Amendment to the Agreement for Services with St. Francis Electric, Inc.
DATE: February 13, 2025
pedestrian systems/signals (APS) at Los Gatos Boulevard/Blossom Hill Road and Blossom Hill Road/Camellia to support the needs of nearby residents.
This fifth amendment proposes an additional $50,000 for the maintenance repairs needed for the remainder of FY 2024/25. Staff is also requesting an additional $40,000 to furnish and install battery backup systems at Los Gatos Boulevard/Blossom Hill Road and Blossom Hill Road/Cherry Blossom Lane intersections to enhance safety and facilitate traffic flow during power outages. Blossom Hill Road/Cherry Blossom Lane was selected based on the complexity of the intersection, and proximity to a fire station. The Los Gatos Boulevard/Blossom Hill intersection was selected since it is one of the major intersections along the Town’s arterial network. Additional significant locations will be identified in the future for battery backup installations as funds allow.
CONCLUSION:
Staff recommends Town Council authorization of the fifth contract amendment to allow St.
Francis Electric to continue providing the contract services in FY 2024/25 and to allow for the installation of two battery backup systems. This service is scheduled for bidding in spring 2025 and staff expects this will be the last amendment to this agreement.
COORDINATION:
This report was coordinated with the Finance Department.
FISCAL IMPACT:
There are sufficient funds available in the FY2024/25 Parks and Public Works Street Program Operating Budget for the contract amendment (5401-63364).
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Fifth Amendment to Agreement for Services with St. Francis Electric, Inc. with Exhibit A – Agreement Amendments in Reverse Chronological Order and the Original Agreement, and Exhibit B - 2024/2025 Rate Schedule Increase
ITEM NO. 8.
St. Francis Electric – Fifth Amendment to Agreement for Services
FIFTH AMENDMENT TO AGREEMENT FOR SERVICES
This FIFTH AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification on this 18th day of February 2025 and amends that certain FOURTH AMENDMENT TO AGREEMENT FOR SERVICES dated May 7, 2024, made by and between the TOWN OF LOS GATOS, ("Town,") and ST.
FRANCIS ELECTRIC, (“Service Provider”) identified as a Partnership and whose address is 975 Carden Street, San Leandro, CA 94577.
RECITALS
A. Town and Service Provider entered into an Agreement for Services on September 15, 2020 (“Agreement”), a First Amendment to Agreement for Services on July 22, 2021, a Second Amendment to Agreement for Services on March 15, 2022, a Third Amendment to Agreement for Services on June 6, 2023, a Fourth Amendment to Agreement for Services on May 7, 2024, copies of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to increase the compensation in the Agreement.
AMENDMENT
1. Section 2.6 Compensation is amended to read as follows:
Additional compensation for Service Provider’s professional services shall be increased by $90,000. For a total agreement amount not to exceed $1,098,948 inclusive of all costs. Payment shall be based upon Town approval of each task based in the 2024/2025 rate schedule increase in Exhibit B.
2. Exhibit B of the original agreement, which contains the rate schedule, is replaced with Exhibit B to this amendment.
3. All other terms and conditions of the Agreement remain in full force and effect.
ITEM NO. 8.
St. Francis Electric – Third Amendment to Agreement for Services IN WITNESS WHEREOF, the Town and Supplier have executed this Amendment.
Town of Los Gatos by: St. Francis Electric, by:
_______________________________ ______________________________ Chris Constantin, Town Manager Guy Smith, Vice President Recommended by: Approved as to Form:
__________________________________ ______________________________ Nicolle Burnham Gabrielle Whelan, Town Attorney
Parks and Public Works Director
Attest:
______________________________
Wendy Wood, CMC, Town Clerk
ITEM NO. 8.
St. Francis Electric – Fourth Amendment to Agreement for Services
FOURTH AMENDMENT TO AGREEMENT FOR SERVICES
This FOURTH AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification on this 7
th day of May 2024 and amends that certain THIRD AMENDMENT TO AGREEMENT FOR SERVICES dated June 6, 2013, made by and between the TOWN OF LOS GATOS, ("Town,") and ST.
FRANCIS ELECTRIC, (“Service Provider”) identified as a Partnership and whose address is 975 Carden Street, San Leandro, CA 94577.
RECITALS
A. Town and Service Provider entered into an Agreement for Services on September 15, 2020 (“Agreement”), a First Amendment to Agreement for Services on July 22, 2021, a Second Amendment to Agreement for Services on March 15, 2022, a Third Amendment to Agreement for Services on June 6, 2023, copies of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to increase the compensation of the agreement.
AMENDMENT
1. Section 2.6 Compensation is amended to read as follows:
Additional compensation for Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services for Fiscal Year 2023/24 shall be increased by $55,000 for a total agreement amount not to exceed $1,008,948. Payment shall be based upon Town approval of each task.
2. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
EXHIBIT A
ITEM NO. 8.
St. Francis Electric – Third Amendment to Agreement for Services IN WITNESS WHEREOF, the Town and Supplier have executed this Amendment.
Town of Los Gatos by: St. Francis Electric, by:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Guy Smith, Vice President Recommended by: Approved as to Form:
__________________________________ ______________________________ Nicolle Burnham Gabrielle Whelan, Town Attorney
Parks and Public Works Director
Attest:
______________________________
Wendy Wood, CMC, Town Clerk
DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773 5/16/2024
5/16/2024 5/17/2024
5/18/2024
5/20/2024
ITEM NO. 8.
St. Francis Electric – Third Amendment to Agreement for Services
THIRD AMENDMENT TO AGREEMENT FOR SERVICES
This THIRD AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 6 th
day of June 2023 and amends that certain SECOND AMENDMENT TO AGREEMENT FOR SERVICES dated March 15, 2012, made by and between the TOWN OF LOS GATOS, ("Town,") and ST.
FRANCIS ELECTRIC, (“Service Provider”) identified as a Partnership and whose address is 975 Carden Street, San Leandro, CA 94577.
RECITALS
A. Town and Service Provider entered into an Agreement for Services on September 15, 2020 (“Agreement”), a First Amendment to Agreement for Services on July 22, 2021, a Second Amendment to Agreement for Services on March 15, 2022, copies of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to increase the compensation and to add the minimum scope of insurance of the agreement.
AMENDMENT
1. Section 2.6 Compensation is amended to read as follows:
Additional compensation for Response Maintenance Repair Services for Fiscal Year 2022/23 shall be increased by $53,381 for a total agreement amount not to exceed $953,948. Payment shall be based upon Town approval of each task.
2. Section 3.1 Minimum Scope of Insurance is amended to read as follows:
Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than:
two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
3. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
St. Francis Electric – Third Amendment to Agreement for Services IN WITNESS WHEREOF, the Town and Supplier have executed this Amendment.
Town of Los Gatos by: St. Francis Electric, by:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Guy Smith, Vice President Recommended by: Approved as to Form:
__________________________________ ___________________________________ Nicolle Burnham Gabrielle Whelan, Town Attorney
Parks and Public Works Director
Attest:
______________________________
Wendy Wood, CMC, Town Clerk
DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
St. Francis Electric – Second Amendment to Agreement for Services
SECOND AMENDMENT TO AGREEMENT FOR SERVICES
This SECOND AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 15th day of March 2022 and amends that certain AGREEMENT FOR SERVICES dated September 15, 2020, and FIRST AMENDMENT TO AGREEMENT dated July 22, 2021, made by and between the TOWN OF LOS GATOS, ("Town,") and ST. FRANCIS ELECTRIC, (“Service Provider”).
RECITALS
A. Town and Service Provider entered into an Agreement for Services on November 1, 2020 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.
B. Town and Service Provider entered into First Amendment to the Agreement for Services on August 3, 2021 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 2 to this Amendment.
C. Town desires to make second amendment to the Agreement to the compensation for Services in Fiscal Year 2021/22 and Fiscal Years 2022/23 through Fiscal Year 2024/25.
AMENDMENT
1. 2.6 Compensation is amended to read as follows:
For Fiscal year 2021/22, the annual compensation for Services shall be increased by $67,000 for a total annual amount of $202,000; and
For Fiscal Year 2022/23 to Fiscal Year 2024/25, the annual compensation for Services shall be increased by $50,000 for a total annual amount of $185,000 for the three fiscal years, for a total revised contract amount not to exceed $900,567.
2. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B
EXHIBIT A
DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
Town of Los Gatos, by: St. Francis Electric, by:
______________________________
______________________________
Name/Title
_______________________________
Laurel Prevetti
Town Manager
Recommended by:
__________________________________
Timm Borden
Interim Director of Parks and Public Works
Approved as to Form:
__________________________________
Robert Schultz, Town Attorney
Attest:
__________________________________
Shelley Neis, MMC, CPMC, Town Clerk
St. Francis Electric – Second Amendment to Agreement for Services DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B 4/15/2022
Guy Smith / Vice President
4/16/2022
4/22/2022
4/25/2022
4/25/2022
DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
DocuSign Envelope ID: 8756FFA3-F4F2-4F75-8155-84AEB3348A67
FIRST AMENDMENT TO AGREEMENT FOR SERVICES
This FIRST AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 22nd day of July 2021 and amends that certain AGREEMENT FOR SERVICES dated June 5, 2018, made by and between the TOWN OF LOS GATOS, ("Town,") and ST. FRANCIS ELECTRIC, ("Service Provider'').
RECITALS
A. Town and Service Provider entered into an Agreement for Services on November 1, 2020 ("Agreement"), a copy of which is attached hereto and incorporated by reference .as Attachment 1 to this Amendment.
B. Town desires to amend the Agreement to the compensation of the agreement for Fiscal Year 2020/21 for Underground Service Alert (USA) Locating Services.
AMENDMENT
1. 2.6 Compensation is amended to read as follows:
• Compensation for Underground Service Alert (USA) Locating Services for Fiscal Year 2020/21 shall be increased in an amount of $8,567, for a total of $143,567, for a total revised contract amount not to exceed $683,567.
2. All other terms and conditions of the Agreement remain in full force and effect.
St. Francis Electric- First Amendment to Agreement for Services
DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
DocuSign Envelope ID: 8756FFA3- F4F2-4F75-8155-84AEB3348A67 8/3/2021
8/3/2021
8/3/2021
8/4/2021
DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 15th of September 2020, and is made by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and St. Francis Electric (“Service Provider”), whose address is 975 Carden St., San Leandro, CA. 94577. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 Town sought quotations for the services described in this Agreement, and Service Provider was found to be the lowest responsible supplier for this purchase.
1.2 Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Town desires to engage Service Provider to provide a comprehensive Street Lighting and Traffic Signal Preventive Maintenance and Repair Services.
1.4 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.
II. AGREEMENT
2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on August 26, 2020, which is hereby incorporated by reference and attached as Exhibit A.
2.2 Term and Time of Performance. The effective date of this Agreement shall begin November 1, 2020 and will continue through June 30, 2025, subject to appropriation of funds, notwithstanding any other provision in this agreement.
2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
2.5 Information/Report Handling. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Service Provider in connection with other projects shall be solely at Town's risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.
2.6 Compensation:
Compensation for year one shall not exceed $135,000. Compensation for future years will be the base cost of $135,000 and shall be adjusted upward annually for the remaining term of this agreement by the change, if any, in the San Francisco-Oakland-San Jose Metropolitan Area Consumer Price Index for All Urban Consumers, all items (CPI). The adjustment shall be based upon the CPI published on December 31 of the preceding year. If the CPI indicates a downward adjustment, compensation would remain at the base amount. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
2.8 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement.
Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Service Provider. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Service Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Service Provider may perform some obligations under this Agreement by subcontracting but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement.
Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Service Provider or is based on allegations of Service Provider's negligent performance or wrongdoing.
2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Service Provider warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Service Provider shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider nor its subcontractors do and neither shall DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Service Provider agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider.
ii. The Service Provider's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider's insurance and shall not contribute with it.
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider. In the event of such termination, Town shall pay Service Provider an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a “public work” by the State of California. This includes: construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.
4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.
4.4.2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.
These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
4.4.5 In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.
4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
4.4.7 No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID.
Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the TOWN for any fines assessed by the California Department of Industrial Relations against the TOWN for such violation, including all staff costs and attorney’s fee relating to such fine.
4.4.9 The TOWN shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the contract.
4.5 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Service Provider:
St. Francis Electric
975 Carden St.
San Leandro, CA. 94577
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.
4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.
Town of Los Gatos by:
_________________________________
Laurel Prevetti, Town Manager
Recommended by:
________________________________________
Matt Morley, Director of Parks and Public Works
St. Francis by:
_______________________________________
_______________________________________
Title
Approved as to Form:
_____________________________________
Robert Schultz, Town Attorney
Attest:
______________________________________
Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 9/30/2020
Vice President
9/30/2020
10/6/2020
10/6/2020
10/6/2020
DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
Signals Streetlights RFP Cost Summary 2020
Attachment 2: Signals/Streetlights Quote Summary 2020 St. Francis Electric Basic Services
Bid Monthly
Item Location Description Unit Price Quantity Cost
1 Los Gatos Street Light Maintenance $1.10 1600 $1,760
2 Los Gatos Traffic Signal PM $120.00 31 $3,720
3 Los Gatos Parking Lot Light Maintenance $1.10 119 $131 4 Los Gatos USA Locating $140.00
5 6
7 8
9 Monthly Total $5,611
Annual Total $67,331
Additional Services T & M Per Hour
10 11
12 13
EXHIBIT B
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D DocuSign Envelope ID: 633ED65E-1563-4A76-ACC2-8875E3D66773
ITEM NO. 8.
2020 Rate CP1 2.5% 2024-2025 Rate
Table A.
Streetlight Maintenance & Repair Flat Rates $ 1.10 $ 0.03 $ 1.13 Table B.
TS Preventative Maint Flat Rates $ 120.00 $ 3.00 $ 123.00 Table C.
Parking Lot Light Maint & Repair Flat Rates $ 1.10 $ 0.03 $ 1.13 Table D.
USA Locating & Marking Flat Services $ 140.00 $ 3.50 $ 143.50 Table E.
Labor Rates for Extra Work, as Required
Journeyman Electrician REG $ 145.00 $ 3.63 $ 148.63
Journeyman Electrician OT $ 225.00 $ 5.63 $ 230.63
Foreman Electrician REG $ 155.00 $ 3.88 $ 158.88
Foreman Electrician OT $ 245.00 $ 6.13 $ 251.13
Laborer REG $ 75.00 $ 1.88 $ 76.77
Laborer OT $ 105.00 $ 2.63 $ 107.63
Crane Operator REG $ 110.00 $ 2.75 $ 112.75
Crane Operator OT $ 160.00 $ 4.00 $ 164.00
Supervisor/ Genral Foreman REG $ 165.00 $ 4.13 $ 169.13 Supervisor/ General Foreman OT $ 265.00 $ 6.63 $ 271.63 Table F.
Equipment Rates for Extra Work, as Required
Bucket Truck $ 40.00 $ 1.00 $ 41.00
Crane Truck $ 75.00 $ 1.88 $ 76.88
Dump Truck $ 35.00 $ 0.88 $ 35.88
Utility/ Flat Bed Truck $ 35.00 $ 0.88 $ 35.88
Compressor $ 10.00 $ 0.25 $ 10.25
Arrow Board $ 10.00 $ 0.25 $ 10.25
Table G.
Miscellaneous Lighting Services, Extra Repair
1 Install Town Standard HPS Fixture (non-decorative) $ 530.00 $ 13.25 $ 543.25 2 Install Town Standard LED light fixture (non-decorative) $ 665.00 $ 16.63 $ 681.63 3 Install Town furnished light fixture $ 185.00 $ 4.63 $ 189.63 4 Install light pole with arm on existing foundation – Octaflute pole $ 5,330.00 $ 133.25 $ 5,463.25 5 nstall light pole with arm on existing foundation – Type 15 pole $ 4,100.00 $ 102.50 $ 4,202.50 6 Install light pole with Town furnished arm on existing foundation – Octaflute pole $ 4,335.00 $ 108.38 $ 4,443.38
7 Install light pole with Town furnished arm on existing foundation – Type 15 pole $ 3,780.00 $ 94.50 $ 3,874.50
8 Construct light pole foundation and restore affected sidewalk $ 3,520.00 $ 88.00 $ 3,608.00 9 Construct light pole foundation and restore affected area (no sidewalk) $ 2,640.00 $ 66.00 $ 2,706.00
2024-2025 Los Gatos- SFE Pricing Schedule with CP1 increase 2.5%
EXHIBIT B
ITEM NO. 8.
10 Install Town furnished light pole and arm $ 950.00 $ 23.75 $ 973.75 11 Install luminaire arm on existing Octaflute pole $ 750.00 $ 18.75 $ 768.75 12 Install luminaire arm on existing Type 15 pole $ 750.00 $ 18.75 $ 768.75 13 Install Town furnished luminaire arm $ 185.00 $ 4.63 $ 189.63 14 Install pull box (#3 ½) and restore affected sidewalk $ 500.00 $ 12.50 $ 512.50 15 Install pull box (#3 ½) and restore affected area (no sidewalk) $ 280.00 $ 7.00 $ 287.00 Table H.
1. Installation of Pole
A. 1B Pole on new foundation and restore affected sidewalk $ 3,900.00 $ 97.50 $ 3,997.50 B. 1B Pole on new foundation and restore affected area (no sidewalk) $ 3,000.00 $ 7.50 $ 3,007.50 C. 1B Pole on existing foundation $ 750.00 $ 18.75 $ 768.75 D. PPB post with ADA push button assembly on new foundation $ 1,250.00 $ 31.25 $ 1,281.25 E. PPB post with ADA push button assembly on existing foundation $ 1,100.00 $ 27.50 $ 1,127.50
2. Installation of Inductive Loops
A1. 6’x6’ Type A, B, D, E, and Q or 2X6 Loops 1-4 $ 2,500.00 $ 62.50 $ 2,562.50 A2. 6’x6’ Type A, B, D, E, and Q or 2X6 Loops (5-8) $ 550.00 $ 13.75 $ 563.75 A3. 6’x6’ Type A, B, D, E, and Q or 2X6 Loops (9-12) $ 450.00 $ 11.25 $ 461.25 A4. 6’x6’ Type A, B, D, E, and Q or 2X6 Loops (12 or more) $ 400.00 $ 10.00 $ 410.00 B1. 2’x6’ Type C Bicycle Loops (1-4) $ 2,500.00 $ 62.50 $ 2,562.50 B2. 2’x6’ Type C Bicycle Loops (5-8) $ 550.00 $ 13.75 $ 563.75 B3. 2’x6’ Type C Bicycle Loops (9-12) $ 450.00 $ 11.25 $ 461.25 B4. 2’x6’ Type C Bicycle Loops (12 or more) $ 400.00 $ 10.00 $ 410.00
3. Installation of LED Modules
A. Non PV Heads
1A Red $ 185.00 $ 4.63 $ 189.63
2A Yellow $ 185.00 $ 4.63 $ 189.63
3A Green $ 185.00 $ 4.63 $ 189.63
B. PV Head Retrofit
1B Red $ 175.00 $ 4.38 $ 179.38
2B Yellow $ 175.00 $ 4.38 $ 179.38
3B Green $ 175.00 $ 4.38 $ 179.38
C. Pedestrian Countown (Combo) $ 250.00 $ 6.25 $ 256.25
ITEM NO. 8.
4. Installation of 12” Signal Heads with LED modules (on existing framework), visors, back plates, and louvers as needed
A. Non PV Heads
1A. 3- Section $ 660.00 $ 16.50 $ 676.50
2A. 4- Section $ 860.00 $ 21.50 $ 881.50
3A. 5- Section $ 920.00 $ 23.00 $ 943.00
B. PV Heads
1A. 3- Section $ 3,455.00 $ 86.38 $ 3,541.38
2B. 4- Section $ 4,620.00 $ 115.50 $ 4,735.50
3C. 5- Section $ 550.00 $ 13.75 $ 563.75
5. Installation of Mounting Bracket
A. MAS $ 510.00 $ 12.75 $ 522.75
B. MAT $ 390.00 $ 9.75 $ 399.75
C. TV-1-T $ 825.00 $ 20.63 $ 845.63
D. TV-2-T $ 930.00 $ 23.25 $ 953.25
E. TV-3-Y $ 1,155.00 $ 28.88 $ 1,183.88
F. SV-1-T $ 760.00 $ 19.00 $ 779.00
G. SV-2-T $ 835.00 $ 20.88 $ 855.88
H. SV-3-T $ 1,050.00 $ 26.25 $ 1,076.25
I. SP-1-T $ 640.00 $ 16.00 $ 656.00
J. SP-2-T $ 810.00 $ 20.25 $ 830.25
6 Installation of Pedestrian Signal Head (with LED Countdown) $ 560.00 $ 14.00 $ 574.00 7 Installation of Audible Pedestrian Signal $ 500.00 $ 12.50 $ 512.50 8 Installation of Pedestrian Push Button Assembly $ 465.00 $ 11.63 $ 476.63 9 Installation of Town funished signal controller cabinet assembly on existing foundation $ 2,950.00 $ 73.75 $ 3,023.75
10 Install pull box and restore affected sidewalk
10A. Each #4 $ 1,540.00 $ 38.50 $ 1,578.50
10B. Each #5 $ 2,295.00 $ 57.38 $ 2,352.38
10C. Each #6 $ 2,520.00 $ 63.00 $ 2,583.00
11 Install pull box in street (traffic grade) and restore affected area 11A. Each #4 $ 2,155.00 $ 53.88 $ 2,208.88
11B. Each #5 $ 2,295.00 $ 57.38 $ 2,352.38
11C. Each #6 $ 2,520.00 $ 63.00 $ 2,583.00
12 Replace/install pull box in dirt and restore affected area 12A. Each #4 $ 495.00 $ 12.38 $ 507.38
12B. Each #5 $ 520.00 $ 13.00 $ 533.00
12C. Each #6 $ 550.00 $ 13.75 $ 563.75
13 Conflict monitor (CMU/MMU) test $ 185.00 $ 4.63 $ 189.63 14 Percent Markup on Materials 15% 15% 15%
ITEM NO. 8.
PREPARED BY: Monica Renn
Economic Vitality Manager
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: 02/18/2025
ITEM NO: 9
DATE: February 11, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize The Town Manager to Execute an Agreement with Sustainable Waze to Continue to Produce, Manage, and Promote Los Gatos Music in The Park Summer Concert Series through 2027 for $20,000 Annually, for a Total Amount Not to Exceed $60,000
RECOMMENDATION:
Authorize the Town Manager to execute an agreement with Sustainable Waze to continue to produce, manage, and promote Los Gatos Music in the Park summer concert series through 2027 for $20,000 annually, for a total amount not to exceed $60,000.
BACKGROUND:
Since 1988, Music in the Park (MIP) has been a free public summer concert series held on Sunday evenings on the Los Gatos Civic Center lawn. Over the years, MIP has been managed by multiple parties including the Town’s Arts and Culture Commission, Los Gatos Music and Arts (2009-2015), Los Gatos Music in the Park (2016 and 2017), Town staff (2018 and 2019), and most recently, Sustainable Waze (2022 to the present).
During December 2017, Town staff issued a Request for Proposals (RFP) for the production and management of the 2018 Music in the Park Summer Concert series when the prior entity opted to no longer produce the series. At the conclusion of the RFP deadline, no proposals were received.
Given that no external parties stepped forward to manage MIP, the Town Council directed staff to produce the 2018 summer concert series. At the conclusion of the 2018 MIP season, Council directed staff to produce the 2019 MIP season with the understanding that the Town would
ITEM NO. 9.
PAGE 2 OF 3
SUBJECT: Los Gatos Music in the Park Agreement
DATE: February 11, 2025
seek outside production of the series going forward as continuing to internally produce, manage, and promote the summer concert series was not feasible. During both years the Town implemented the event, the workload on staff was extensive and the Town realized a net loss on the event budget.
On January 31, 2020, the Town issued an RFP for a third-party vendor to coordinate and execute the 2020 MIP season. On March 3, 2020, the Town Council considered the results of the RFP, and approved staff’s recommendation to work with Sustainable Waze, the Town’s current MIP organizer. As a part of the approval, the Town Council also approved the organizer’s request for $20,000 in sponsorship dollars, along with several in-kind staff services and subsidized permit fees to support the concert series.
Due to the COVID-19 Pandemic and the community health and safety provisions in place at the time, both the 2020 and 2021 MIP Concert Series were postponed. In the FY 2022/23 budget, the Town Council again allocated the $20,000 sponsorship, and in-kind services and permit fees to support MIP, thus the series returned in the summer of 2022 with Sustainable Waze working as the event Organizer.
On February 7, 2023, staff returned to reconfirm the Town Councils desire to continue to contract with Sustainable Waze as the organizer of Los Gatos Music in the Park, with options to extend the services through 2025 (Attachment 1).
DISCUSSION:
Sustainable Waze continues to successfully partner with the Town on the event, thus staff recommends that the Town execute a three-year agreement with this organizer to continue to produce, manage, and promote this beloved annual community event. The longevity of this agreement, versus an annual agreement, allows for the organizer to plan further in advance for each summer concert series and create synergistic connections between each summer.
While the current agreement allowed for the services to extend into 2025 if mutually agreed upon between the Town and Sustainable Waze, the termination of the agreement was September 30, 2024, thus has to return for Town Council approval for the extension.
Attachment 2 provides a draft of an updated agreement between the Town and Sustainable Waze. The language of the agreement has been refreshed to reflect a contract for services through 2027, that includes the production, management, and promotion of Los Gatos Music in the Park, rather than a payment as sponsorship. In addition, language has been added to protect the use of the name and logo affiliated Los Gatos Music in the Park, such that it may only be used under the terms of this agreement. This has not been a concern with the current organizer, although was with a past organizer.
ITEM NO. 9.
PAGE 3 OF 3
SUBJECT: Los Gatos Music in the Park Agreement
DATE: February 11, 2025
Following the completion of the terms of the proposed draft agreement in the fall of 2027, staff will return to the Town Council for a discussion on next steps for options to continue MIP, should that be the desire of the Town Council.
CONCLUSION:
Authorize the Town Manager to execute an agreement with Sustainable Waze to continue to produce, manage, and promote the Town’s Music in the Park (MIP) summer concert series through 2027.
ALTERNATIVES:
Alternatively, the Town Council may choose to execute an agreement with Sustainable Waze through 2025 and direct staff to issue an RFP for subsequent years, or direct staff to return to the Town Council for a discussion to evaluate the continuation of the Summer Concert Series beyond 2025.
FISCAL IMPACT:
The first payment of $10,000 for the 2025 Summer Concert Series has been previously allocated in the FY 2024/25 Town Budget. An additional $20,000 will need to be allocated annually. The cost of the agreement totals $60,000 through FY 2027/28.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Previously Executed Agreement with Sustainable Waze for the Production of MIP
2. Draft Agreement with Sustainable Waze for the Production, Management, and Promotion of MIP through 2027.
ITEM NO. 9.
DocuSign Envelope ID: E2775717-A934-4EB7-8A9F-59954A317089 AGREEMENT BY AND BElWEEN THE TOWN OF LOS GATOS AND SUSTAINABLE WAZ.E FOR
SPONSORSHIP OF THE LOS GATOS MUSIC IN THE PARK SUMMER CONCERT SERIES THIS AGREEMENT is made and entered into on February 29, 2024 by and between TOWN OF LOS GATOS, a California municipal corporation, ("Town") and SUSTAINABLE WAZE, a NonProfit Corporation ("Contractor''), whose address is 124 A Edelen Avenue, Los Gatos, California. This Agreement is made with reference to the following facts.
I. RECITALS
WHEREAS, on March 3, 2020, the Town Council selected Sustainable Waze to produce, manage, and promote the Music in the Park Summer Music Concert Series; and WHEREAS, on February 7, 2023, the Town Council reconfirmed their selection of Sustainable Waze to produce, manage, and promote the Music in the Park Summer Music Concert Series; and
WHEREAS, Town has agreed to purchase the naming rights and sponsor Music in the Park for the amount not to exceed $20,000 annually for the event name: "Los Gatos Music in the Park" with no additional sponsor name in the title; and, WHEREAS, Town appropriated funds in its Fiscal Year 2023/2024 Budget for allocation of funds; and
WHEREAS, the Town has agreed to provide additional support in the form of in-kind services and the relief of Town fees to support for the following items, as resources and scheduling is available: installation, usage and removal of the Town owned stage, installation and removal of Music in the Park banner at the Civic Center, special event permit, banner permit, park use, chamber lobby use, and no parking sign fees, and two Los Gatos-Monte Sereno Police Officers at each concert as resources are deemed necessary and available, as directed by the Chief of Police or his or her designee.
1.1 Contractor represents and agrees that it is willing to comply with the terms of this Agreement.
II. AGREEMENTS
2.1 Term of Agreement. The term shall commence upon the execution of this Agreement and shall terminate on September 30, 2024; with one option to renew for an additional year if mutually agreed upon between the Town and Contractor.
2.2 Termination of Agreement. The Town and Contractor shall have the right to terminate this Agreement with or without cause by giving not less than 90 days' written notice of termination. In the event of termination, Contractor shall deliver to Town all plans, files, ATTACHMENT 1
ITEM NO. 9.
DocuSign Envelope ID: E2775717-A934-4EB7-8A9F-59954A317089 documents, reports, performed to date by the Contractor. In the event of such termination, Town shall pay Contractor an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in _light of the particular facts and circumstances involved in such termination.
2.3. Scope of Agreement. In exchange for a $20,000 sponsorship fee and in-kind services from the Town and relief of specific Town fees associated with Music in the Park, Contractor will provide the Summer Music Concert Series, as described in Exhibit A.
2.4 Special Event Permit. As part of the terms of the original Request for Proposal (RFP}, Contractor is required to apply for, and follow the special event permit application process. As such, all conditions, including the scope of work, use of premises, timelines, requirements, and Town commitments will be included in the special event permit conditional letter of approval.
2.5 In-Kind Services. the Town has agreed to provide in-kind services and the relief of Town fees to support for the following items, as resources and scheduling is available:
installation, usage and removal of the Town owned stage, installation and removal of Music in the Park banner at the Civic Center, special event permit, temporary banner permit, park use, Town staff attendant for Council Chamber Lobby, Council Chamber Lobby use, and no parking sign fees, and two Los Gatos-Monte Sereno Police Officers at each concert as resources are deemed necessary and available, as directed by the Chief of Police or his or her designee.
2.6 Terms of Sponsorship.
2.6.a. The Town shall remain the sole naming rights sponsor for Music in the Park to remai n "Los Gatos Music in the Park" with no additional sponsor name in the title.
2.6.b.The Town will be recognized as a Premier Sponsor in all print, web, and social media marketing, including large logo on main sign located behind main stage.
2.6.c. The Town shall have a sponsor tent at all concerts in premier location on the Civic Center Lawn.
2.6.d.Large feather banners, exclusively with the Town logo prominently displayed at each concert.
ITEM NO. 9.
DocuSign Envelope ID: E2775717-A934-4EB7-8A9F--59954A317089
2. 7 Compensation. Compensation for naming rights sponsorship shall not exceed $20,000 annually.
An initial payment of $10,000 shall be made prior to the first concert. A second payment of up to $10,000 shall be made at the conclusion of the concert series.
2.8 Billing. Contractor must provide the Town with a detailed invoice in order for payment to be made. All invoices and statements to the Town shall be addressed as follows:
Email to: [email protected]
Or, Mail to: Town of Los Gatos
Attn: Jessica Ertell
110 E. Main Street
Los Gatos, CA 95030
2.9 Use of Funds. Contractor shall not use any monies received under this Agreement for anything other than items related to the direct marketing or production of the Music in the Park summer concert series.
Ill. INSURANCE AND INDEMNIFICATION
3.1. Indemnification. The Contractor shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, employees, and agents, from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Contractor, or any of the Contractor's officers, employees, or agents or any subconsultant.
3.2. Minimum Scope of Insurance:
i. Contractor agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Contractor agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.
iii. Contractor shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and
ITEM NO. 9.
DocuSign Envelope ID: E2775717-A934-4EB7-8A9F-59954A317089 endorsements are to be received and approved by the Town before work commences.
General liability:
i. The Town, its elected and appointed officials, employees and agents, are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of Contractor, premises owned or used by the Contractor.
ii. The Contractor's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its elected and appointed officials, employees, or agents, shall be excess of the Contractor'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 elected and appointed officials, employees, or agents.
iv. The Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.
3.3 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.
3.4 Workers' Compensation. In addition to these policies, Contractor 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, Contractor shall ensure that all subcontractors employed by Contractor provide the required Workers' Compensation insurance for their respective employees.
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.
ITEM NO. 9.
DocuSign Envelope ID: E2775717-A934-4EB7-8A9F-59954A317089
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. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the Town and Contractor. 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.
IN WITNESS WHEREOF, the Town and Contractor have executed this Agreement.
Town of Los Gatos by:
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Laurel Prevetti, Town Manager
Approved as to Form:
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Wendy Wood, CMC, Town Clerk
Contractor, by:
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ITEM NO. 9.
ITEM NO. 9.
AGREEMENT - MUSIC IN THE PARK ATTACHMENT 2
AGREEMENT BY AND BETWEEN THE TOWN OF LOSGATOS AND SUSTAINABLE WAZE FOR THE
PRODUCTION, MANAGEMENT, AND PROMOTION OF THE LOS GATOS MUSIC INTHE PARK
SUMMER CONCERT SERIES
THIS AGREEMENT is made and entered into on February 18, 2025 by and between TOWN OF LOS GATOS, a California municipal corporation, ("Town") and SUSTAINABLE WAZE, aNonProfit Corporation –CA–Public Benefit,whose address is 104 A Edelen Avenue, Los Gatos, California. This Agreement is made with reference to the following facts.
I. RECITALS
WHEREAS, on March 3, 2020, the Town Council selected Sustainable Waze to produce, manage, and promote the Music in the Park Summer Concert Series, however the event was cancelled due to the COVID-19 Pandemic; and
WHEREAS, on February 7, 2023, the Town Council reconfirmed their selection of Sustainable Waze to produce, manage, and promote the Music in the Park Summer Concert Series with options to renew the agreement for two additional years, through 2025; and WHEREAS, on February 18, 2025, the Town Council extended the contract through the 2027 Music in the Park Summer Concert Series given the terms of this agreement are met annually.
1.1 Sustainable Waze represents and affirms that it is willing to comply with the terms pursuant to this Agreement.
II. AGREEMENTS
2.1 Term of Agreement. The term shall commence upon the execution of this Agreement and shall terminate on September 30, 2027. The Town and Sustainable Waze shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Sustainable Waze shall deliver to the Town all plans, files, documents, reports, performed to date by the Sustainable Waze. In the event of such termination, Town shall pay Service Provider an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
2.2 Scope of Agreement. This agreement pertains to the Town’s payment of $20,000 per annual Music in the Park Summer Concert Series, in-kind services, and the relief of specific Town fees associated with Music in the Park as outlined in this Agreement and approved by Town Council at the February 18, 2025 Town Council Meeting; and,
ITEM NO. 9.
AGREEMENT - MUSIC IN THE PARK ATTACHMENT 2
2.3 Sustainable Waze shall successfully deliver a local, family-friendly Summer Concert Series primarily focused on attracting Los Gatos residents and close neighbors, and agrees to provide the following services:
a) Plan, organize, produce, manage, and fund the Music in the Park Summer Concert series; and
b) Provide a positive, high-quality, social experience through music for families and community members; and,
c) Program each annual summer concert series to include a minimum if six and maximum of eight weekly concerts, on Sunday evenings from 5:00 p.m. to 7:00 p.m. located at the Los Gatos Civic Center Lawn, throughout July and August (dates, times, and location may be adjusted if mutually agreed upon in writing by the Town and Sustainable Waze); and,
d) Audition, book, contract with, pay, and oversee the performers that include a variety of music genres, performed by local or regional acts that will appeal to a large, diverse audience; and,
e) Provide a professional sound system and sound engineer on site for the duration of the concert that provides appropriate music sound levels; and, f) Provide an adequate number of staff and volunteers to run the concerts and clean after the concerts; and,
g) Maintain a clean, safe, and attractive environment for the concerts, and, h) Apply for a Town special event permit and abide by the Conditions of Approval provided by Town staff through the Special Event Permit process.
2.4 Funding and in-kind services. Town agrees to provide $20,000 in funding to Sustainable Waze per annual concert season for its successful implementation of Los Gatos Music in the Park, in addition to the following in-kind services and fee relief, as resources and scheduling are available: installation, usage, and removal of the Town owned stage, installation and removal of Music in the Park banner at the Civic Center, special event permit fees, banner permit fees, park use fees, Chamber Lobby use and fees, no parking sign fees, design assistance and approval of banners and marketing collateral, Los GatosMonte Sereno Police Officers at each concert as resources are deemed necessary and available, as directed by the Chief of Police or his or her designee, and Parks and Public Works staff at each concert as deemed necessary and available by the Parks and Public Works Director or his or her designee.
ITEM NO. 9.
AGREEMENT - MUSIC IN THE PARK ATTACHMENT 2
2.5 Special Event Permit. Sustainable Waze shall complete the Town’s required special event permit process prior to each concert season by submitting a completed Town of Los Gatos Special Event Permit application to Town staffwhich shall include scope of work, use of premises, concert dates, timelines, and related event logistics for the corresponding concert season. In response, Town staff will provide conditions of approval that must be met by Sustainable Waze prior to the concert series inclusive of Town resources that will be provided to support the event. Town Staff reserves the right to modify the conditions of approval as the concert series progresses through each summer. The Town reserves the right to deny specific event elements that do not meet the intent of creating a community event that is welcoming and family friendly.
2.6 Terms of use of the name “Los Gatos Music in the Park” The Town retains all naming rights for the Los Gatos Music in the Park Summer Concert Series, and it shall be named “Los Gatos Music in the Park” with no additional name in the title; and
2.7 The “Los Gatos Music in the Park” name and logo may be used by Sustainable Waze only during the time of this Agreement and only as the promotion directly relates to the “Los Gatos Music in the Park Summer Concert Series;” and,
2.8 The Town staff shall assist with the creation and design of the official Los Gatos Music in the Park Banner and related marketing materials used to promote the concert series in print and social media; and,
2.9 The Town will be recognized as a premier event partner in all print, web, social media and related marketing, including a large logo on the Main Stage Banner, located behind main stage; and,
2.10 The Town shall be provided with marketing, banners, on-site tent area, and other benefits similar to those extended to top-level event sponsors.
2.11 Compensation. The Town’s direct monetary compensation shall not exceed $20,000 annually, or $60,000 for the duration of this agreement, with the initial annual payment of $10,000 made after the Special Event Permit Application process has been completed, and prior to first concert of the summer series. An additional payment of $10,000 shall be made annually at the conclusion of a given year’s concert series with documentation indicating that the terms of this agreement have been met
2.12 Billing. Sustainable Waze must provide the Town with a detailed invoice in order for payment to be made. All invoices and statements to the Town shall be addressed as follows:
Email to: [email protected]
Or, Mail to: Town of Los Gatos
ITEM NO. 9.
AGREEMENT - MUSIC IN THE PARK ATTACHMENT 2
Attn: Accounts Payable,
110 E. Main Street
Los Gatos, CA 95030
2.13 Use of Funds. Sustainable Waze shall not use any moniesreceived underthis agreement for anything other than items related to the direct marketing or production of the Los Gatos Music in the Park summer concert series.
III. GENERAL TERMS
3.1 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.
3.2 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.
3.3 Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the Town and Sustainable Waze. 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.
IN WITNESS WHEREOF, the Town and Sustainable Waze have executed this Agreement.
Town of Los Gatos by: Service Provider, by:
Chris Constantin, Town Manager Neal Turley, Founder, Sustainable Waze Approved as to Form:
Gabrielle Whelan, Town Attorney
ITEM NO. 9.
PREPARED BY: Eric Lemon
Finance and Accounting Manager
Reviewed by: Town Manager, Town Attorney, and Assistant Town Manager 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 2/18/2025
ITEM NO: 10
DATE: February 12, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Amendment with Chavan & Associates, LLP. to Extend the Contract for One Year, Update the Scope of the Original Agreement, and Increase Compensation by $56,500 for a Total Agreement Amount Not to Exceed $189,000
RECOMMENDATION:
Authorize the Town Manager to execute a second amendment with Chavan & Associates, LLP. to extend the contract for one year, update the scope of the original agreement, and increase the compensation by $56,500 for a total agreement amount not to exceed $189,000.
BACKGROUND:
In 2021, the Town of Los Gatos issued a Request for Proposal (RFP) for qualified independent certified public accounting firms to audit its annual financial statement for three fiscal years (FY 2021-22, 2022-23, and 2023-24), with an option to extend the agreement an additional two fiscal years with Town Council approval.
Based upon the proposals, interviews, and reference checks, Town staff, in consultation with the Finance Commission, selected Chavan & Associates, LLP. On December 21, 2021, the Town Council received the Finance Commission’s recommendation and authorized the Town Manager to execute a three-year agreement with Chavan & Associates, LLP.
On April 2, 2024, the Council approved the first amendment to the agreement which updated the scope of services and compensation in the contract to include required Transportation Development Act Audits.
ITEM NO. 10.
PAGE 2 OF 3
SUBJECT: Chavan & Associates Agreement
DATE: February 12, 2025
DISCUSSION:
With this second amendment, the Town requests to extend the agreement with Chavan & Associates, LLP for an optional one-year term and amend the agreement to update the scope, term, and compensation sections.
The Firm charged for additional services ($4,000) for the FY 2023-24 Annual Comprehensive Financial Report’s (ACFR) Management, Discussion, and Analysis (MD&A) section and extra meetings the Partner prepared for and attended, which were based on the hourly rate provided in the original engagement letter. The additional charges are included in the amended not to exceed amount.
CONCLUSION:
Staff recommends the Council authorize the Town Manager to execute a second amendment with Chavan & Associates, LLP. to extend the contract for one year, update the scope of the original agreement, and increase the compensation by $56,500 for a total agreement amount not to exceed $189,000.
FISCAL IMPACT:
There is no fiscal impact for the year FY 2024-25. In the subsequent year, charges will be included in the proposed Operating and Capital Budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Second Amendment with Chavan & Associates, LLP
2. Engagement Letter – FY 2024-25 Town Audit
3. Engagement Letter – FY 2024-25 TDA
4. First Amendment with Chavan & Associates, LLP
5. Original Agreement with Chavan & Associates, LLP
ITEM NO. 10.
1 of 2
Chavan & Associates, LLP. – Second Amendment
2nd AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT is dated for identification this 12th day of February, 2025 and amends that certain agreement for Auditing Services dated 1/12/2022, made by and between the Town of Los Gatos, ("Town,") and the Chavan & Associates, LLP. (“Consultant.”)
RECITALS
A. Town and Consultant entered into an Auditing Services Agreement on 1/12/2022, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 5 to this Amendment.
B. Town and Consultant entered into a 1st Amendment to the Agreement on 4/2/2024, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 4 to this Amendment.
C. Town desires to amend the Agreement to update the scope of work, term and time of performance, and compensation sections.
AMENDMENT
1. Section 2.1, “Scope of Services” is amended to include the additional services described in that certain proposal sent to the Town on October 8, 2021, Engagement Letter dated March 25, 2024, Engagement Letter dated October 7, 2024, and Engagement Letter dated December 19, 2024, which is hereby incorporated by reference and included as attachments 5, 4, 3, and 2, respectively.
2. Section 2.2, “Term and Time of Performance is amended to read this contract will remain in effect from 01/01/22 to 01/31/26.
3. Section 2.6, “Compensation” is amended to read Compensation for the consultant’s professional services will be increased by $56,500 for a total agreement that shall not exceed $189,000, inclusive of all costs. Payment shall be based upon Town approval of each task.
4. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Attachment 1
ITEM NO. 10.
2 of 2
Chavan & Associates, LLP. – Second Amendment
Town of Los Gatos Approved as to Consent:
By: _______________________________ By: ___________________________ Chris Contantin, Town Manager Chavan & Associates, LLP
Department Approval:
_______________________________________
Gitta Ungvari
Director of Finance
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
ITEM NO. 10.
Page | 1 16450 Monterey Road, Ste. 5, Morgan Hill, CA 95037 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
October 7, 2024
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
We are pleased to confirm our understanding of the services we are to provide for the Town of Los Gatos (the “Town”) for the fiscal year ending June 30, 2025. We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the Town and the related notes to the financial statements, which collectively comprise the Town’s basic financial statements. In addition, we will audit the Town’s compliance over major federal award programs, and perform the services as noted in Exhibit A, as applicable each fiscal year. We are pleased to confirm our acceptance of this audit engagement by means of this letter.
Our audits will be conducted with the objectives of our expressing an opinion on each opinion unit and an opinion on compliance regarding the entity’s major federal award programs. The objectives of our audit of the financial statements are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with auditing standards generally accepted in the United States of America (GAAS) and in accordance with Government Auditing Standards (GAGAS), will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
The objectives of our compliance audit are to obtain sufficient appropriate audit evidence to form an opinion and report at the level specified in the governmental audit requirement about whether the entity complied in all material respects with the applicable compliance requirements and identify audit and reporting requirements specified in the governmental audit requirement that are supplementary to GAAS and Government Auditing Standards, if any, and perform procedures to address those requirements.
Accounting principles generally accepted in the United States of America, (U.S. GAAP), as promulgated by the Governmental Accounting Standards Board (GASB), require that the items noted below be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the GASB, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the required supplementary information (RSI) in accordance with auditing standards generally accepted in the United States of America, (U.S. GAAS). These limited procedures will consist primarily of inquiries of management regarding their methods of Attachment 2