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.
When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand.
Telephone: Please dial (877) 336-1839 for US Toll-free or (636) 651-0008 for US Toll. (Conference code: 1052180)
If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: Please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak.
NOTES: Comments will be limited to three (3) minutes or less at the Mayor’s discretion. 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).
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.
Persons wishing to make a visual presentation may do so only on an item listed on the agenda and must submit the presentation electronically to [email protected] no later than 3:00 p.m. on the day of the Council meeting.
TOWN OF LOS GATOS
COUNCIL MEETING AMENDED AGENDA
MAY 20, 2025
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
Matthew Hudes, Mayor
Rob Moore, Vice Mayor
Mary Badame, Council Member
Rob Rennie, Council Member
Maria Ristow, Council Member
CALL MEETING TO ORDER
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)).
PLEDGE OF ALLEGIANCE
PRESENTATIONS
i. Youth Commission End-of-Year Presentation
ii. Youth Friendly Business of the Year
iii. Youth Friendly Green Business of the Year
iv. Outgoing Youth Commissioners End of Term Commendations v. Government Finance Officers Association Distinguished Budget Presentation Award *vi. Introduction of New Emergency Manager and Fire Update CONSENT ITEMS (Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may remove an item from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on Page 1 of this agenda. If an item is removed, the Mayor has the sole discretion to determine when the item will be heard.)
1. Approve the Minutes of the May 6, 2025 Town Council Meeting
2. Approve the Minutes of the May 6, 2025 Town Council Closed Session Meeting
3. Approve the Minutes of the May 13, 2025 Town Council Special Meeting
4. Receive the Monthly Financial and Investment Report for March 2025
5. Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 17, 2025, as a Public Hearing to Consider Objections to the Proposed Removal of Brush
6. Authorize the Town Manager to Execute a Third Amendment to the Agreement for Services with Sequoia Ecological Consulting Inc.
7. Authorize the Town Manager to Execute a Five-Year Agreement for Services with EcoSanitation, LLC for Downtown Power Washing for a Total Agreement Amount Not to Exceed $287,500.
8. Authorize the Town Manager to Execute a Third Amendment to the Agreement for Consultant Services with AMS Electric LLC (dba Prime Electric LLC) for the Library Battery Power Supply Project (CIP 821-2505)
9. Award Construction Contract for the 2025 Street Repair and Resurfacing Project (CIP No. 811-9901) to O’Grady Paving, Inc., in the amount of $1,713,071; Authorize the Town Manager to Approve Change Orders Up to 10% of the Contract Amount; and Approve the Project Construction Plans
*10. Authorize Expenditure Budget Increase for the Shannon Road Pedestrian and Bikeway Improvement Project (CIP No. 813-0218) in the Amount of $88,202 and Authorize the Town Manager to Execute Changes Orders In a Not to Exceed Amount of $253,912
11. Adopt a Resolution to Define a List of Projects for Fiscal Year 2025-26 to be Funded by the State Senate Bill 1, the Road Repair and Accountability Act of 2017
12. Authorize the Town Manager to Execute a First Amendment to the Agreement for Services with OpenGov, Inc. for Additional Services to Support the Existing Enterprise Asset Management and Procurement System Services in an Amount of $11,448.72 for a Total Agreement Amount Not to Exceed $77,804.31
13. Authorize the Town Manager to Execute a Change Order in the Amount of $4,241.78 to an Existing Purchase Order with Lehr Uplifters OpCo, LLC for Additional Build-Out of a Police Department Patrol Vehicle for a New Total Amount Not to Exceed $36,052
14. Authorize the Town Manager to Execute a Second Contract Amendment to the Contract for Legal Services with the Law Firm of Goldfarb & Lipman to Increase the Contract Amount by $75,000 for a Total Amount Not to Exceed $240,000
15. Adopt a Resolution Amending the Los Gatos Youth Commission Enabling Resolution and Rescinding Resolution 2018-059
16. Receive an Update on the Town’s Federal Funding and Grants, Considering Federal Actions Impacting the Town
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda and is within the subject matter jurisdiction of the Town Council. The law generally prohibits the Town Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. In the event additional speakers were not heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.) PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
17. Conduct a Public Hearing on the Town of Los Gatos Proposed Operating and Capital Budget for Fiscal Year (FY) 2025-26 and on the Proposed Capital Improvement Program for FY 2025-26 – FY 2029-30
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].
NOTE: The ADA access ramp to the Town Council Chambers is under construction and will be inaccessible through June 2025. Persons who require the use of that ramp to attend meetings are requested to contact the Clerk’s Office at least two (2) business days prior to the meeting date.
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/.
*Agenda was amended on May 16, 2025, to add a presentation and modify the title of item ten.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/20/2025
ITEM NO: 1
DRAFT
Minutes of the Town Council Meeting
Tuesday, May 6, 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 7:03 P.M.
ROLL CALL
Present: Mayor Matthew Hudes, Vice Mayor Rob Moore, Council Member Mary Badame, Council Member Rob Rennie (participating remotely), Council Member Maria Ristow.
Absent: None.
PLEDGE OF ALLEGIANCE
Radmehr Mojudi led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Hudes presented a National Police Week Proclamation, Affordable Housing Month Proclamation, a Historic Preservation Month Proclamation and a Building Safety Month Proclamation.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Minutes of the April 15, 2025 Town Council Closed Session Meeting.
2. Approve the Minutes of the April 15, 2025 Town Council Special Meeting.
3. Approve the Minutes of the April 15, 2025 Town Council Meeting.
4. Award and Authorize the Town Manager to Execute a Contract for the 2025 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) to Spektren Engineering Inc. in an Amount Not to Exceed $162,200, Authorize the Town Manager to Execute Change Orders in an Amount Not to Exceed $16,220 (10% Contract Contingency), and Approve Project Construction Documents.
5. Adopt Resolutions Approving the Engineer’s Report for all Landscape and Lighting Districts for Fiscal Year 2025/26, Adopt Resolutions of Intention to Order the Levy and Collection of Assessments for the Associated Benefit Zones, and set the Date for the Public Hearing Regarding the Levy and Collection of Assessments. Resolutions 2025-013, Resolutions 2025-014, Resolutions 2025-015, Resolutions 2025-016, Resolutions 2025- 017, Resolutions 2025-018, and Resolution 2025-019
6. Authorize the Town Manager to Execute an Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to Increase the Compensation for Fiscal Year
ITEM NO. 1.
PAGE 2 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of May 6, 2025 DATE: May 6, 2025
2024-25 By $15,000 for a Fiscal Year 2024-25 Annual Amount Not to Exceed $215,000 and a Total Agreement Amount Not to Exceed $1,115,000
7. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $2,973 to Recognize Receipt and Expenditure of California Library Services Act Grant Funds.
8. Approve Resolution Supporting Efforts of Santa Clara County to Provide Universal Childcare. Resolution 2025-020
Mayor Hudes, Council Member Ristow, and Vice Mayor Moore commented on Item number eight.
Mayor Hudes opened public comment.
Gus Who
- Commented on item number two.
Lynley Hogan
- Provided comments related to Item eight.
Jaria Jaung, Build the Future
- Commented on item number eight.
Mayor Hudes closed public comment.
MOTION: Motion by Council Member Ristow to approve consent items one through eight.
Seconded by Vice Mayor Moore.
VOTE: Motion passed unanimously by roll call vote
VERBAL COMMUNICATIONS
Will Whitney
- Commented on the upcoming Billy Jones Railroad, 120
th Birthday Celebration event on June
1, 2025.
Gus Who
- Commented on a variety of topics of personal interest, including recent events, legal matters, identification requirements, emergency preparedness, and various published articles
Joe Enz
- Commented on concerns with a damaged fence near St. Luke’s Church.
Wayne Heimsoth
ITEM NO. 1.
PAGE 3 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of May 6, 2025 DATE: May 6, 2025
- Commented on preserving the old fire station and proposed repurposing it as a veteran’s center for use by veterans and other organizations
Lynley Hogan
- Commented on concerns with a spiritual decline in the Town.
PUBLIC HEARINGS
9. Fee and Fine Schedules for Fiscal Year 2025-26:
a. Adopt a Resolution Approving the Comprehensive Fee Schedule for Fiscal Year 2025- 26 to Continue Certain Department Fees, Rates, and Charges, and Amending Certain Fees, Rates, and Charges for Fiscal Year 2025-26.
b. Adopt a Resolution Approving the Administrative Fine and Penalty Schedule for Fiscal Year 2025-26 to Continue Certain Department Fines and Amending Certain Fines for Fiscal Year 2025-26.
Gitta Ungvari, Finance Director, presented the staff report.
Council asked preliminary questions.
Mayor Hudes opened public comment.
No one spoke.
Mayor Hudes closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Ristow to adopt a resolution approving the Comprehensive Fee Schedule for Fiscal Year 2025-26 to continue certain department fees, rates, and charges, and amending certain fees, rates, and charges for Fiscal Year 2025-26 as outlined in Attachment 1, and adopt a resolution approving the Administrative Fine and Penalty Schedule for Fiscal Year 2025-26 to continue certain department fines and amending certain fines for Fiscal Year 2025-26 in Attachment 3 with the exception that no changes are made to the items involving CUPs (Conditional Use Permits) and discuss them later. AMENDMENT: change the fee for tree appeals [fee 223] to the CPI (Consumer Price Index) adjustment, changing the fee from $107 to $110; and approve the Conditional Use Permits with the exception of the top-line fees in line items 158, 159, and 160 to only be a $1,000 increase and the Engineering Development Review Service Fee (bottom-line in line items 158, 159, and 160) would increase as indicated by staff. Seconded by Council Member Badame.
ITEM NO. 1.
PAGE 4 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of May 6, 2025 DATE: May 6, 2025
VOTE: Motion passed unanimously by roll call vote.
Mayor Hudes called a recess at recess at 8:31.
Mayor Hudes reconvened the meeting at 8:45 p.m.
10. Consider the Recommendation of the Planning Commission for Adoption of a Resolution to Amend the General Plan to Allow 100 Percent Affordable Housing Projects as a ByRight Use in the Mixed Use Commercial General Plan Land Use Designation and Adoption of an Ordinance to Amend Chapter 29 (Zoning Regulations) of the Town Code to Add 100 Percent Affordable Housing Projects as a Permitted Use in the Restricted Commercial Highway (CH) Zone, Pursuant to Implementation Program AB of the 2023- 2031 Housing Element. The Proposed Amendments are Not Subject to the California Environmental Quality Act ("CEQA") Because the Amendments Being Proposed are Not a Project Under CEQA Pursuant to Section 21065 of the Public Resources Code and Section 15378 of the State CEQA Guidelines. Additionally, the Adoption of this Resolution and Ordinance are Exempt Pursuant to CEQA, Section 15061(b)(3) in that it Can be Seen with Certainty that they Will Not Impact the Environment. General Plan Amendment Application GP-24-004 and Zoning Code Amendment Application A-24-010.
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 Adding 100 Percent Affordable Housing Projects as a Permitted Use in the Restricted Commercial Highway (CH) Zone Pursuant to Implementation Program AB of the 2023-2031 Housing Element.
Sean Mullin, Planning Manager, presented the staff report.
Council asked preliminary questions.
Mayor Hudes opened public comment.
Leigh Fagot
- Commented on affordable housing and requiring environmental review for new developments.
Manuel Salazer
- Commented on Affordable Housing and spoke in support of the item.
Carren Yamamoto
- Commented on affordable housing and requested clarification on what size and type of units are considered “affordable.”
Mayor Hudes closed public comment.
ITEM NO. 1.
PAGE 5 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of May 6, 2025 DATE: May 6, 2025
Council discussed the item.
MOTION: Motion by Vice Mayor Moore Adoption of a Resolution to amend the General Plan to allow 100 percent Affordable Housing Projects as a By-Right Use in the Mixed Use Commercial General Plan Land Use Designation and introduce an Ordinance to amend Chapter 29 (Zoning Regulations) of the Town Code to add 100 percent Affordable Housing Projects as a permitted use in the Restricted Commercial Highway (CH) Zone, pursuant to the implementation Program AB of the 2023-2031 Housing Element. Seconded by Council Member
ALTERNATE MOTION: Motion by Mayor Hudes to refer [this resolution] back to staff to evaluate whether and where 100% affordable housing could be implemented judiciously within the area set forth, and to contact and collaborate with HCD (California Department of Housing & Community Development) and to bring [the item] back to Council with further consideration. Seconded by Council Member Badame.
VOTE: Alternate Motion passed unanimously by roll call vote.
OTHER BUSINESS
11. Approve the Revised Town Council Code of Conduct Policy 2-4 and Adopt New Board, Committee, and Commission Code of Conduct Policy
Wendy Wood, Town Clerk, presented the staff report.
Council asked preliminary questions.
Mayor Hudes opened public comment.
Jeffrey Suzuki
- Commented on concern with the proposed Commissioner Code of Conduct.
Emily Thomas
- Commented on the Code of Conduct and spoke about some concerns.
Gordon Yamate
- Commented on concerns with the proposed Commissioner Code of Conduct.
Ali Miano
- Commented on concerns with the proposed Commissioner Code of Conduct.
Carmen Lo
- Commented on concerns with the proposed Commissioner Code of Conduct.
ITEM NO. 1.
PAGE 6 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of May 6, 2025 DATE: May 6, 2025
Mayor Hudes closed public comment.
Council discussed the item.
Mayor Hudes called a recess at recess at 11:03 p.m.
Mayor Hudes reconvened the meeting at 11:10 p.m.
Mayor Hudes recommended continuing this item and to consider holding a Study Session with the full Council to discuss ideas.
No action was taken.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Badame stated she participated in meetings of a resident wildfire advisory group, Creek Trail head connector project ribbon cutting; attend Council Policy Committee meeting, two Finance Commission meetings as an observer, West Valley Storm Water Authority meeting and a Solid Waste Management Authority meeting. - Council Member Ristow stated she attended the Leadership Los Gatos graduation. - Vice Mayor Moore stated he toured the El Camino Hospital in Los Gatos; attended the Leadership Los Gatos graduation, two Finance Commission meetings, Arbor Day tree planting, attended the Spring into Green, Art Now, and VTA Capitol Program Committee meeting.
- Council Member Rennie stated he has nothing to report. - Mayor Hudes stated he attended the Creek Trail ribbon cutting, Los Gatos Police Academy graduation; attended Town Hall by Senator Liccardo and Penetta, West Valley Mayor and Managers meeting, the DEI Commission Special Meeting, and the Community Health and Senior Services Commission meeting.
Closed Session Report
Gabrielle Whelan, Town Attorney, stated the Town Council will be going into Closed Session to discuss one item of existing litigation and two item of potential litigation in accordance with Government Code section 54956.9.
Town Manager Matters
- No additional comments or reports were provided.
ADJOURNMENT
The meeting adjourned at 11:27 p.m.
Respectfully Submitted:
_____________________________________
Keara Johnson, Deputy Town Clerk
ITEM NO. 1.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 05/20/2025
ITEM NO: 2
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, May 6, 2025
9:00 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 APPROXIMATELY 11:30 P.M.
ROLL CALL
Present: Mayor Matthew Hudes, Vice Mayor Rob Moore, Council Member Mary Badame, Council Member Rob Rennie (participated remotely), and Council Member Maria Ristow.
Absent: None.
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
No one spoke.
Gabrielle Whelan, Town Attorney, announced the closed session title as listed on the agenda.
THE TOWN COUNCIL MOVED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. Conference with Legal Counsel - Existing Litigation (Gov. Code Section 54956.9(d)(1)) Name of Case: Kankeshwar claim
2. Conference with Legal Counsel - Anticipated litigation (Gov. Code Section 54956.9(d)(2)): 2 potential cases
There was no reportable action.
ADJOURNMENT
The meeting adjourned at approximately 12:20 a.m.
Attest: Submitted by:
___________________________ __________________________
Keara Johnson, Deputy Town Clerk Chris Constantin, Town Manager
ITEM NO. 2.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/20/2025
ITEM NO: 3
DRAFT
Minutes of the Special Town Council Meeting
Tuesday, May 13, 2025
5:15 P.M.
The Town Council of the Town of Los Gatos conducted a special meeting in person and via teleconference.
MEETING CALLED TO ORDER AT 5:15 P.M.
ROLL CALL
Present: Mayor Matthew Hudes, Vice Mayor Rob Moore, Council Member Mary Badame, Council Member Rob Rennie.
Absent: Council Member Maria Ristow.
Gabrielle Whelan, Town Attorney, stated that Council Member Ristow does not have a conflict of interest under the state Political Reform Act, but has known the appellant for a long time, and has made the decision to abstain tonight in order to avoid any appearance of bias.
VERBAL COMMUNICATIONS
No one spoke
PUBLIC HEARING
1. Consider an Appeal of a Planning Commission Decision to Approve a Request to Construct a New Single-Family Residence and Site Improvements Requiring a Grading Permit on Vacant Property Zoned HR-1. Located at 16497 S. Kennedy Road. APN 532-17-038. Architecture and Site Application S-24-037. Categorically Exempt Pursuant to CEQA Guidelines Section 15303:
New Construction or Conversion of Small Structures. Property Owner: Robert Nicol. Applicant:
Chris Spaulding. Appellants: Kenneth Miller and Apoorna Bakshi. Project Planner: Jocelyn Shoopman. Resolution 2025-023
Council Member Badame, Council Member Rennie, Vice Mayor Moor and Mayor Hudes all stated that they had visited the site.
Jocelyn Shoopman, Senior Planner, presented the staff report.
Council asked preliminary questions.
Mayor Hudes opened public comment.
ITEM NO. 3.
PAGE 2 OF 2
SUBJECT: Draft Minutes of the Town Council Meeting of May 13, 2025 DATE: May 13, 2025
Rohit Bakshi, Appellant, and Kenneth Miller, Appellant
- Provided opening comments and discussed the reasons for the appeal.
Robert Nicol, Applicant
- Provided opening comments and spoke in support of the project.
Chris Spauldin, Architect
- Provided closing comments and addressed previous comments.
Kenneth Miller, Appellant and Rohit Bakshi, Appellant provided closing comments stating concerns with the project.
Mayor Hudes closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Badame to adopt the resolution in attachment seven (7) to deny an appeal of the Planning Commission Decision to approve a request to construct a new single-family residence and site improvements requiring a rrading Permit on Vacant Property Zoned HR-1, located at 16497 S. Kennedy Road. with modifications to the approved plans per attachment six (6) item number twelve (12), which includes reducing window coverage by twenty percent (20%), removal of the balcony off the living/dinner room, reduce the remaining balcony to a minimum size, removal of one large set of glass doors, reduce the sixteen (16) foot glass doors to twelve (12) feet in the family room, the recommendation that county fire make appropriate site visits during construction, safe parking of construction vehicles and pre-and-post construction survey regarding the condition of the roadway. Seconded by Vice Mayor Moore.
VOTE: Motion passed unanimously 4-0 by roll call vote.
ADJOURNMENT
The meeting adjourned at 6:08 p.m.
Respectfully Submitted:
_____________________________________
Keara Johnson, Deputy Town Clerk
ITEM NO. 3.
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
FINANCE COMMISSION REPORT
MEETING DATE: 05/12/2025
ITEM NO: 4
DATE: May 5, 2025
TO: Finance Commission
FROM: Chris Constantin, Town Manager
SUBJECT: Receive the Monthly Financial and Investment Report for March 2025 RECOMMENDATION:
Receive the monthly Financial and Investment Report for March 2025.
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 March 2025 monthly Financial and Investment Report, which fulfills this requirement.
The March 2025 Monthly Financial and Investment Report will be presented to the Town Council at its May 20, 2025, regular meeting.
DISCUSSION:
The March 2025 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 March 31, 2025, fund balance report.
ITEM NO. 4.
PAGE 2 OF 3
SUBJECT: Monthly Financial and Investment Report for March 2025 DATE: May 5, 2025
In the case that the differences are extraordinary and unanticipated, we will ensure we present more information to explain the differences.
The March 31, 2025, estimated fund balances differ from the February 28, 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 March 31, 2025, the Town’s financial position (Cash Plus Other Assets $86.14M, Liabilities $27.27M, and Fund Equity $58.87) remains strong, and the Town has sufficient funds to meet the cash demands for the next six months.
As of March 31, 2025, the Town’s weighted portfolio yield for investments under management was 4.42%, which was 11 basis points above the Local Agency Investment Fund (LAIF) yield of
4.31% for the same reporting period. Currently, the LAIF portfolio’s weighted average maturity (WAM) is 244 days versus the Town’s longer WAM of 650 days. The Town’s assets under management reflect the Town’s selection of the 1-3 year benchmark investment strategy through the Town’s investment advisor to lock in higher yields at the top of the interest rate cycle. The longer maturities are 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 4.42% at the close of March decreased 2 basis points when compared to the February 28, 2025, investment report.
Since March 2024, LAIF yields climbed from 423 basis points (4.23%) to 431 basis points (4.31%) through the end of March 2025. The State LAIF pool typically lags the market when current market yields are either increasing or decreasing.
ITEM NO. 4.
PAGE 3 OF 3
SUBJECT: Monthly Financial and Investment Report for March 2025 DATE: May 5, 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 151,000 jobs in February, just below consensus estimates of 160,000.
Most of the gain was in the private sector, with healthcare services the standout, while leisure and hospitality jobs declined, likely related to cold weather. The household survey was weaker, however, with employment falling by 588,000. The unemployment rate rose from 4% to 4.1%, with the participation rate falling from 62.6% to 62.4%.
The Town's investments are in compliance with the Town's Investment Policy dated March 18, 2025, and are also in compliance with the requirements of Section 53600 et 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 March 2025.
Attachments:
1. Financial and Investment Report (March 2025)
ITEM NO. 4.
Weighted Average YTM Portfolio Yield on Investments
under Management 4.42%
Weighted Average Maturity (days) 650
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $72,922,188 $69,759,388 $74,499,958 Managed Investments $51,080,720
Local Agency Investment Fund $12,012,090
Reconciled Demand Deposit Balances $9,829,378
Portfolio Allocation & Treasurer's Cash Balances $72,922,188 Benchmarks/ References:
Town's Average Yield 4.42% 4.44% 4.34%
LAIF Yield for month 4.31% 4.33% 4.23%
3 mo. Treasury 4.29% 4.29% 5.38%
6 mo. Treasury 4.22% 4.27% 5.33%
2 yr. Treasury 3.88% 3.99% 4.62%
5 yr. Treasury 3.95% 4.02% 4.21%
10 Yr. Treasury 4.21% 4.21% 4.20%
Town of Los Gatos
Summary Investment Information
March 31, 2025
0 - 1 year
39%
1 - 2 years
11%
2 - 3 years
28%
3 - 5 years
22%
Portfolio Maturity Profile
Compliance: The Town's investments are in compliance with the Town's investment policy dated March 18, 2025, 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 17
ITEM NO. 4.
Month YTD
Cash & Investment Balances - Beginning of Month/Period $ 69,759,388.03 $ 81,368,409.88 Receipts 8,085,730.95 54,051,692.13
Disbursements (4,922,931.04) (62,497,914.07)
Cash & Investment Balances - End of Month/Period $72,922,187.94 $72,922,187.94 Portfolio Allocation Amount % of Portfolio
Max. % or $ Allowed
per State Law or Policy
BNY MM $65,364.17 0.10% 20% of Town Portfolio
US Treasury Notes $20,615,842.24 32.68% No Max. on US Treasuries Government Agency Debenture Notes $16,459,212.81 26.09% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $13,940,300.50 22.09% 30% of Town Portfolio Local Agency Investment Fund $12,012,090.08 19.04% $75 M per State Law Subtotal - Investments 63,092,809.80 100.00%
Reconciled Demand Deposit Balances 9,829,378.14
Total Portfolio Allocation & Treasurer's Cash Balances $72,922,187.94
0.0401
0.0388
Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
March 31, 2025
BNY MM
0.10%
US Treasury Notes
32.68%
Government Agency Debenture
Notes
26.09%
Corporate Medium Term Bonds
22.09%
Local Agency Investment Fund
19.04%
Portfolio Investment Allocation
$74.5 M $72.9 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
Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Treasurer's Fund Balances
2
ITEM NO. 4.
March 2025 March 2025 March 2025
Beginning Deposits Interest/ Ending
Balance Realized Gain/Adj. Earnings Withdrawals Balance Non-Treasury Funds:
Cert. of Participation 2002 Ser A Reserve Fund $ 688,556.00 $ - $ 2,036.16 $ - $ 690,592.16 Note 1 Cert. of Participation 2010 Ser Lease Payment Fund 50.29 - 21.95 - 72.24 Note 2 Cert. of Participation 2002 Ser A Lease Payment Fund 15,878.19 - 62.62 - 15,940.81 Note 1 Cert. of Participation 2010 Ser Reserve Fund 1,434,316.45 - 4,645.78 - 1,438,962.23 Note 2 Total Restricted Funds: $ 2,138,800.93 $ - $ 6,766.51 $ - $ 2,145,567.44 CEPPT IRS Section 115 Trust 2,316,800.62 690,000.00 (23,554.17) - $ 2,983,246.45 Note 3 Grand Total COP's and CEPPT Trust $ 4,455,601.55 $ 690,000.00 $ (16,787.66) $ - $ 5,128,813.89 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
March 31, 2025
3
ITEM NO. 4.
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 $ 234,030.33
February 2025 $ 213,671.29
March 2025 $ 235,515.22
April 2025 $ -
May 2025 $ -
June 2025 $ -
$ 2,109,220.63
Town of Los Gatos
Statement of Interest Earned
March 31, 2025
4
ITEM NO. 4.
Original Issue Market Value Maturity Yield to Interest Interest Interest Days Deposit Par Original (Discount) Market Above (Under) Purchased Date or Maturity Received Earned Earned to Institution CUSIP # Security Coupon Date Value Cost Premium Value Cost Interest Call Date or Call to Date Prior Yrs. Current FY Maturity Apple 037833DB3 Corporate Bond 2.90% 12/20/2022 1,300,000.00 1,228,591.00 (71,409.00) 1,263,444.00 34,853.00 6/21/2027 4.19% $ 83,987.22 $ 81,871.88 $ 40,202.32 812 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 (8,040.00) 988,160.00 (3,800.00) 1/1/2026 3.04% $ 64,750.00 $ 61,696.52 $ 24,288.57 276 US Treasury 912828ZW3 US Treasury Note 0.25% 8/9/2022 350,000.00 322,096.88 (27,903.12) 346,510.50 24,413.62 6/30/2025 3.16% $ 2,092.39 $ 19,915.08 $ 7,896.86 91 FFCB 3133EN5V8 Gov. Agency Debenture 4.13% 1/17/2023 236,000.00 239,174.20 3,174.20 236,476.72 (2,697.48) 1/11/2027 3.76% $ 19,307.75 $ 12,979.52 $ 6,710.16 651 US Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 (87,434.82) 774,288.00 61,722.82 3/31/2026 4.14% $ 15,000.00 $ 54,221.52 $ 23,249.92 365 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 939.60 899,730.00 (1,209.60) 9/30/2025 4.14% $ 95,625.00 $ 66,415.88 $ 28,478.80 183 JP Morgan Chase 46625HRS1 Corporate Bond 3.20% 9/23/2022 500,000.00 474,660.00 (25,340.00) 493,895.00 19,235.00 3/15/2026 4.70% $ 35,644.44 $ 41,217.45 $ 17,482.32 349 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 (97,047.60) 1,181,544.00 78,591.60 8/25/2025 3.04% $ 12,187.50 $ 71,445.55 $ 26,066.68 147 US Treasury 912828ZL7 US Treasury Note 0.38% 4/12/2022 1,700,000.00 1,583,927.57 (116,072.43) 1,694,645.00 110,717.43 4/30/2025 2.72% $ 16,254.49 $ 98,544.63 $ 33,334.85 30 FHLB 3130AQF65 Gov. Agency Debenture 1.25% 11/30/2022 1,300,000.00 1,160,559.40 (139,440.60) 1,243,814.00 83,254.60 12/21/2026 4.15% $ 33,447.92 $ 80,116.59 $ 37,979.15 630 FHLB 3130APJH9 Gov. Agency Debenture 1.00% 1/17/2023 1,000,000.00 907,010.00 (92,990.00) 969,570.00 62,560.00 10/28/2026 4.17% $ 18,354.17 $ 50,234.10 $ 25,970.08 576 FFCB 3133EN5N6 Gov. Agency Debenture 4.00% 2/8/2023 1,700,000.00 1,706,732.00 6,732.00 1,700,612.00 (6,120.00) 1/6/2028 3.91% $ 129,955.56 $ 92,733.76 $ 50,017.81 1011 Freddie Mac 3137EAEX3 Gov. Agency Debenture 0.38% 5/1/2023 750,000.00 689,032.50 (60,967.50) 736,042.50 47,010.00 9/23/2025 3.97% $ 5,328.12 $ 32,931.11 $ 21,181.04 176 American Honda 02665WED9 Corporate Bond 4.70% 5/11/2023 600,000.00 608,856.00 8,856.00 602,664.00 (6,192.00) 1/12/2028 4.34% $ 47,078.33 $ 29,982.05 $ 19,747.79 1017 US Treasury 91282CEF4 US Treasury Note 2.50% 6/9/2023 1,500,000.00 1,416,626.12 (83,373.88) 1,459,575.00 42,948.88 3/31/2027 4.09% $ 67,827.87 $ 62,956.31 $ 44,573.72 730 US Treasury 91282CGA3 US Treasury Note 4.00% 6/20/2023 2,100,000.00 2,080,558.59 (19,441.41) 2,098,341.00 17,782.41 12/15/2025 4.40% $ 124,852.46 $ 94,573.28 $ 68,917.76 259 Colgate-Palmolive 194162AR4 Corporate Bond 4.60% 7/14/2023 500,000.00 504,655.00 4,655.00 508,750.00 4,095.00 2/1/2028 4.37% $ 37,502.79 $ 21,195.52 $ 16,498.78 1037 FannieMae 3135G06G3 Gov. Agency Debenture 0.50% 7/14/2023 500,000.00 455,157.00 (44,843.00) 488,645.00 33,488.00 11/7/2025 4.63% $ 3,284.72 $ 21,047.01 $ 16,383.18 221 FFCB 3133EPQC2 Gov. Agency Debenture 4.63% 7/17/2023 500,000.00 501,957.50 1,957.50 503,575.00 1,617.50 7/17/2026 4.48% $ 34,687.50 $ 21,487.97 $ 16,870.21 473 FFCB 3133EPBM6 Gov. Agency Debenture 4.13% 7/14/2023 600,000.00 596,220.00 (3,780.00) 601,998.00 5,778.00 8/23/2027 4.29% $ 39,806.25 $ 24,754.94 $ 19,269.47 875 PNC Bank 69353RFJ2 Corporate Bond 3.25% 7/25/2023 1,000,000.00 921,490.00 (78,510.00) 968,420.00 46,930.00 12/23/2027 5.23% $ 48,479.17 $ 46,970.90 $ 37,742.01 997 US Treasury 91282CFU0 US Treasury Note 4.13% 7/31/2023 1,300,000.00 1,290,660.60 (9,339.40) 1,306,604.00 15,943.40 10/31/2027 4.31% $ 67,031.25 $ 51,232.08 $ 41,903.26 944 Toyota Motor Credit 89236TKL8 Corporate Bond 5.45% 8/25/2023 1,600,000.00 1,617,168.00 17,168.00 1,644,592.00 27,424.00 11/10/2027 5.16% $ 105,366.67 $ 70,599.88 $ 62,401.19 954 US Treasury 912810FE3 US Treasury Note 5.50% 10/3/2023 1,200,000.00 1,238,207.14 38,207.14 1,262,112.00 23,904.86 8/15/2028 4.76% $ 90,211.96 $ 43,179.27 $ 43,657.27 1233 Pepsico Inc 713448DF2 Corporate Bond 2.85% 10/16/2023 1,000,000.00 947,570.00 (52,430.00) 987,620.00 40,050.00 11/24/2025 5.24% $ 38,633.33 $ 37,712.66 $ 40,051.43 238 FFCB 3133EPUW3 Gov. Agency Debenture 4.75% 10/13/2023 1,000,000.00 994,338.00 (5,662.00) 1,009,860.00 15,522.00 9/1/2026 4.96% $ 65,708.33 $ 35,367.82 $ 37,129.44 519 US Treasury 91282CEW7 US Treasury Note 3.25% 10/16/2023 1,000,000.00 950,039.06 (49,960.94) 986,060.00 36,020.94 6/30/2027 4.73% $ 39,211.96 $ 32,499.52 $ 34,515.00 821 US Treasury 91282CEN7 US Treasury Note 2.75% 10/31/2023 1,300,000.00 1,214,336.39 (85,663.61) 1,269,736.00 55,399.61 4/30/2027 4.82% $ 35,750.00 $ 40,101.59 $ 45,217.43 760 US Treasury 91282CAB7 US Treasury Note 0.25% 11/15/2023 675,000.00 623,900.39 (51,099.61) 665,928.00 42,027.61 7/31/2025 4.92% $ 2,040.59 $ 19,725.12 $ 23,704.75 122 US Treasury 91282CCH2 US Treasury Note 1.25% 12/21/2023 900,000.00 798,647.55 (101,352.45) 827,226.00 28,578.45 6/30/2028 3.99% $ 11,555.71 $ 17,690.14 $ 25,245.31 1187 FNMA 3135G0Q22 Gov. Agency Debenture 1.88% 12/21/2023 900,000.00 845,676.00 (54,324.00) 872,658.00 26,982.00 9/24/2026 4.22% $ 21,234.38 $ 19,224.14 $ 27,434.45 542 US Treasury 91282CFB2 US Treasury Note 2.75% 1/2/2024 1,000,000.00 960,354.91 (39,645.09) 974,100.00 13,745.09 7/31/2027 3.95% $ 29,667.12 $ 19,025.75 $ 28,961.41 852 US Treasury 91282CHE4 US Treasury Note 3.63% 1/17/2024 1,800,000.00 1,775,185.72 (24,814.28) 1,783,836.00 8,650.28 5/31/2028 3.97% $ 56,692.63 $ 32,061.96 $ 53,242.29 1157 JP Morgan Chase 46647PDG8 Corporate Bond 4.85% 2/1/2024 1,400,000.00 1,396,528.00 (3,472.00) 1,408,344.00 11,816.00 7/25/2027 4.93% $ 66,782.10 $ 28,319.94 $ 51,731.09 846 US Bancorp 91159HJF8 Corporate Bond 4.55% 2/5/2024 1,000,000.00 989,200.00 (10,800.00) 999,760.00 10,560.00 7/22/2027 4.89% $ 43,837.67 $ 19,440.46 $ 36,484.14 843 Treasury 91282CHB0 US Treasury Note 3.63% 2/23/2024 1,175,000.00 1,151,962.92 (23,037.08) 1,169,630.25 17,667.33 5/15/2026 4.56% $ 30,892.17 $ 18,568.45 $ 39,748.08 410 FHLB 3130AXB31 Gov. Agency Debenture 4.88% 2/27/2024 1,000,000.00 1,003,060.00 3,060.00 1,006,990.00 3,930.00 3/13/2026 4.72% $ 51,729.17 $ 16,052.33 $ 35,470.47 347 FFCB 3133EP5U5 Gov. Agency Debenture 4.13% 3/28/2024 1,700,000.00 1,687,981.00 (12,019.00) 1,704,522.00 16,541.00 3/20/2029 4.28% $ 68,566.67 $ 18,681.03 $ 54,453.23 1450 US Treasury 9128285M8 US Treasury Note 3.13% 4/30/2024 1,200,000.00 1,123,832.14 (76,167.86) 1,167,048.00 43,215.86 11/15/2028 4.69% $ 20,295.34 $ 9,066.06 $ 40,722.97 1325 Cisco Systems 17275RBR2 Corporate Bond 4.85% 5/15/2024 1,000,000.00 999,130.00 (870.00) 1,016,850.00 17,720.00 1/26/2029 4.87% $ 37,856.94 $ 6,135.64 $ 36,547.05 1397 Home Depot 437076CW0 Corporate Bond 4.90% 5/17/2024 1,000,000.00 1,001,790.00 1,790.00 1,018,300.00 16,510.00 4/15/2029 4.86% $ 20,144.44 $ 5,862.95 $ 36,510.17 1476 Treasury 91282CJR3 US Treasury Note 3.75% 5/31/2024 1,200,000.00 1,154,629.02 (45,370.98) 1,191,840.00 37,210.98 12/31/2028 4.68% $ 26,208.79 $ 4,511.24 $ 41,202.70 1371 American Honda 02665WEY3 Corporate Bond 4.95% 6/27/2024 1,000,000.00 995,640.00 (4,360.00) 1,002,890.00 7,250.00 1/9/2026 5.25% $ 26,537.50 $ 430.16 $ 39,288.39 284 FHLB 3130B1BT3 Gov. Agency Debenture 4.88% 7/2/2024 1,150,000.00 1,150,966.00 966.00 1,160,683.50 9,717.50 6/12/2026 4.82% $ 19,310.42 $ - $ 41,408.01 438 Citibank 17325FBK3 Corporate Bond 4.84% 8/15/2024 1,250,000.00 1,263,062.50 13,062.50 1,262,112.50 (950.00) 7/6/2029 4.60% $ 28,725.62 $ - $ 36,108.61 1558 FNMA 3135G05Y5 Gov. Agency Debenture 0.75% 9/10/2024 1,100,000.00 1,010,724.00 (89,276.00) 1,016,884.00 6,160.00 10/8/2027 3.56% $ 641.67 $ - $ 20,624.30 921 US Treasury 91282CFL0 US Treasury Note 3.88% 12/3/2024 1,100,000.00 1,088,144.31 (11,855.69) 1,095,666.00 7,521.69 9/30/2029 4.12% $ 13,817.99 $ - $ 14,574.10 1644 FHLB 3130ATUT2 Gov. Agency Debenture 4.50% 2/12/2025 505,000.00 508,253.21 3,253.21 514,276.85 6,023.64 3,661.25 12/14/2029 4.35% $ (3,661.25) $ - $ 2,839.65 1719 FFCB 3133ER5X5 Gov. Agency Debenture 3.88% 3/12/2025 1,000,000.00 998,480.00 (1,520.00) 998,740.00 260.00 538.19 3/7/2028 3.93% $ (538.19) $ - $ 2,043.59 1072 Treasury 91282CJF9 US Treasury Note 4.88% 3/31/2025 1,100,000.00 1,130,167.75 30,167.75 1,134,034.00 3,866.25 22,368.44 10/31/2028 4.04% $ (22,368.44) $ - $ - 1310 Subtotal $ 52,591,000.00 $ 51,015,355.55 $ (1,575,644.45) $ 52,219,602.82 $ 1,204,247.27 $ 26,567.88 $ 1,927,336.19 $ 1,632,779.78 $ 1,576,081.31 BNY MM Money Market 65,364.17 65,364.17 0.00 0.00% 1
LAIF State Investment Pool 12,012,090.08 12,022,290.64 10,200.56 4.31% 442,016.30 1 63,092,809.80 $64,307,257.63 $1,214,447.83 $26,567.88 $ 1,927,336.19 $ 1,632,779.78 $ 2,018,097.61 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 Freddie Mac 3137EAEP0 Gov. Agency Debenture 1.50% 10/13/2023 1,000,000.00 951,540.00 (48,460.00) 2/12/2025 5.32% $ 19,958.33 $ 36,644.18 $ 31,870.61 US Treasury 91282CGU9 US Treasury Note 3.88% 11/30/2023 1,000,000.00 983,515.62 (16,484.38) 3/31/2025 5.17% $ 51,666.67 $ 29,822.81 $ 38,363.62 Total Investments "Matured" $ 91,123.02
Total Interest FY 24_25 Matured and Current $ 2,109,220.63 Maturity Profile Amount Percent
0-1 year $ 24,961,474.36 40%
1-2 years $6,951,644.02 11%
2-3 years $17,410,661.08 28%
3-5 years $ 13,769,030.34 22%
$63,092,809.80 100%
Town of Los Gatos
Investment Schedule
March 31, 2025
5
ITEM NO. 4.
Date Cusip/Id Description Transaction Type Trade Date Settlement Date Par Coupon Maturity Date Price Principal Interest Transaction
Total
3/3/2025 3133EPUW3
FEDERAL FARM CREDIT BANK 4.75%
01SEP2026 BOND INTEREST 3/1/2025 3/1/2025 1,000,000.00 4.750% 9/1/2026 - - 23,750.00 23,750.00 3/3/2025 194162AR4
COLGATE-PALMOLIVE CO 4.6% 01MAR2028
(CALLABLE 01FEB28) BOND INTEREST 3/1/2025 3/1/2025 500,000.00 4.600% 3/1/2028 - - 11,500.00 11,500.00 3/4/2025 Cash-USD Cash-USD
SHORT TERM INVESTMENT
FUND INCOME 3/4/2025 3/4/2025 2,387.56 0.000% 100.00 - - 2,387.56 3/12/2025 3133ER5X5
FEDERAL FARM CREDIT BANK 3.875%
07MAR2028 PURCHASE 3/11/2025 3/12/2025 1,000,000.00 3.875% 3/7/2028 99.85 998,480.00 538.19 999,018.19 3/12/2025 037833DB3
APPLE INC 2.9% 12SEP2027 (CALLABLE
12JUN27) BOND INTEREST 3/12/2025 3/12/2025 1,300,000.00 2.900% 9/12/2027 - - 18,850.00 18,850.00 3/13/2025 3130AXB31
FEDERAL HOME LOAN BANK 4.875%
13MAR2026 BOND INTEREST 3/13/2025 3/13/2025 1,000,000.00 4.875% 3/13/2026 - - 24,375.00 24,375.00 3/20/2025 3133EP5U5
FEDERAL FARM CREDIT BANK 4.125%
20MAR2029 BOND INTEREST 3/20/2025 3/20/2025 1,700,000.00 4.125% 3/20/2029 - - 35,062.50 35,062.50 3/24/2025 3137EAEX3 FREDDIE MAC 0.375% 23SEP2025 BOND INTEREST 3/23/2025 3/23/2025 750,000.00 0.375% 9/23/2025 - - 1,406.25 1,406.25 3/24/2025 3135G0Q22 FANNIE MAE 1.875% 24SEP2026 BOND INTEREST 3/24/2025 3/24/2025 900,000.00 1.875% 9/24/2026 - - 8,437.50 8,437.50 3/31/2025 91282CJF9 USA TREASURY 4.875% 31OCT2028 PURCHASE 3/27/2025 3/31/2025 1,100,000.00 4.875% 10/31/2028 102.74 1,130,167.75 22,368.44 1,152,536.19 3/31/2025 3133ENP95
FEDERAL FARM CREDIT BANK 4.25%
30SEP2025 BOND INTEREST 3/30/2025 3/30/2025 900,000.00 4.250% 9/30/2025 - - 19,125.00 19,125.00 3/31/2025 91282CEF4 USA TREASURY 2.5% 31MAR2027 BOND INTEREST 3/31/2025 3/31/2025 1,500,000.00 2.500% 3/31/2027 - - 18,750.00 18,750.00 3/31/2025 91282CBT7 USA TREASURY 0.75% 31MAR2026 BOND INTEREST 3/31/2025 3/31/2025 800,000.00 0.750% 3/31/2026 - - 3,000.00 3,000.00 3/31/2025 91282CFL0 USA TREASURY 3.875% 30SEP2029 BOND INTEREST 3/31/2025 3/31/2025 1,100,000.00 3.875% 9/30/2029 - - 21,312.50 21,312.50 3/31/2025 91282CGU9 USA TREASURY 3.875% 31MAR2025 REDEMPTION 3/31/2025 3/31/2025 1,000,000.00 3.875% 3/31/2025 100.00 1,000,000.00 - 1,000,000.00 3/31/2025 91282CGU9 USA TREASURY 3.875% 31MAR2025 BOND INTEREST 3/31/2025 3/31/2025 1,000,000.00 3.875% 3/31/2025 - - 19,375.00 19,375.00 Town of Los Gatos
Investment Transaction Detail
March 31, 2025
6
ITEM NO. 4.
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 March 31, 2025
7
ITEM NO. 4.
Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out
GENERAL FUND
Non-Spendable:
Loans Receivable 159,000 - - - - - 159,000
Restricted Fund Balances:
Pension 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) - (607,494) 4,702,502 (4,624,335) 690,000 (690,000) (529,327) General Fund Total 31,062,075 (607,494) 4,702,502 (4,624,335) 690,000 (690,000) 30,532,748 * Interfund transfers and Council Priorities/Economic Recovery funding allocation to be performed as part of the fiscal year end closing entries.
March 2025
Prior Year
Carryforward
7/1/2024*
Increase/
(Decrease)
July - February
Estimated Fund
Balance
3/31/2025*
8
ITEM NO. 4.
Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out
SPECIAL REVENUE
211/212 CDBG 166,653 - - - - - 166,653
222 Urban Runoff (NPDES) 754,134 (88,483) 13,641 (20,128) - - 659,164 231-236 Landscape & Lighting Districts 182,625 4,471 - (2,364) - - 184,732 251 Los Gatos Theatre 171,035 183,083 29,950 (15,484) - - 368,584 711-716 Library Trusts 556,849 36,763 - (11,186) - - 582,426 Special Revenue Total 1,831,296 135,834 43,591 (49,162) - - 1,961,559
CAPITAL PROJECTS
411 GFAR - General Fund Appropriated Reserve 20,253,300 (2,656,029) 106,541 (373,307) - - 17,330,505 412 Community Center Development 866,281 - - (976) - - 865,305 421 Grant Funded Projects (2,563,503) (752,038) 2,450,805 (185,294) - - (1,050,030) 461-463 Storm Basin Projects 3,531,248 (196,345) - (137,447) - - 3,197,456 471 Traffic Mitigation Projects 509,491 - - - - - 509,491 472 Utility Undergrounding Projects 3,584,251 11,594 - - - - 3,595,845 481 Gas Tax Projects 1,928,167 (565,133) 130,448 - - - 1,493,482 Capital Projects Total 28,109,235 (4,157,951) 2,687,794 (697,024) - - 25,942,054
INTERNAL SERVICE FUNDS
611 Town General Liability 177,876 (695,987) - - - - (518,111) 612 Workers Compensation 586,246 (114,158) 62,663 (324,160) - - 210,591 621 Information Technology 2,523,347 (251,415) 165,300 (35,770) - - 2,401,462 631 Vehicle & Equipment Replacement 3,286,552 70,867 280,915 - - - 3,638,334 633 Facility Maintenance 960,526 (82,120) 314,657 (148,902) - - 1,044,161 Internal Service Funds Total 7,534,547 (1,072,813) 823,535 (508,832) - - 6,776,437 Trust/Agency
942 RDA Successor Agency (4,632,040) (1,708,677) - (130) - - (6,340,847) Trust/Agency Fund Total (4,632,040) (1,708,677) - (130) - - (6,340,847) Total Town 63,905,113 (7,411,101) 8,257,422 (5,879,483) 690,000 (690,000) 58,871,951 * 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 $473,848.98 111-23521 BMP Housing deposit account balance $4,039,055.78 Prior Year
Carryforward
7/1/2024*
Increase/
(Decrease)
July - February
March 2025
Estimated Fund
Balance
3/31/2025*
9
ITEM NO. 4.
PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/20/2025
ITEM NO: 5
DATE: May 15, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 17, 2025, as a Public Hearing to Consider Objections to the Proposed Removal of Brush RECOMMENDATION:
Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 17, 2025, as a public hearing to consider objections to the proposed removal of the brush.
FISCAL IMPACT:
The costs associated with abatement work are placed on the property tax bill for that parcel.
Funds are provided in the FY 2024/25 Budget (Program 5101) to cover the cost of publishing the legal notice for the June public hearing.
STRATEGIC PRIORITIES:
The Brush Abatement Program pertains to the Town Council’s Priority of Public Safety.
Specifically, property owners are reminded that they must remove native brush and vegetation from around their homes to create defensible space to reduce the risk of wildfire.
BACKGROUND:
County Fire Department administers the brush abatement program. The County Fire Department uses the procedure set forth in Government Code Sections 39560 and following for “weed abatement.” Government Code Section 39561.5(b) defines “weeds” to include brush
ITEM NO. 5.
PAGE 2 OF 4
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 17, 2025 as a Public Hearing to Consider Objections to the Proposed Removal of Brush
DATE: May 15, 2025
which will attain such a large growth as to become a fire menace when dry, or which is otherwise noxious or dangerous.
The Santa Clara County Fire Department (the County) implements and manages a hazardous brush abatement program for the Wildland Urban Interface (WUI) areas (hillside areas) within its jurisdictional boundaries, which includes the incorporated areas of Los Gatos, to ensure appropriate defensible space for structures. The Town annually adopts the Hazardous Vegetation (Brush) Abatement Program and works with the County, which serves as the enforcement agent and conducts its own inspections. In January of each year, homeowners are reminded that they must remove native brush and vegetation from around their homes to create defensible space. The brush abatement program entails inspections of hillside properties by fire crews beginning in early April each year. If properties are found to be out of compliance with the regulations found in the California Fire Code relative to vegetation clearance, they are given notice of the violation. A contractor is authorized by the County to perform the necessary work if compliance is still not achieved by approximately the end of June each year. The costs associated with the abatement work are then assessed on the property owner’s tax bill for that parcel.
DISCUSSION:
In February of 2025, the County notified property owners located within the designated Wildland Urban Interface (WUI) area of the requirement to comply with the safety regulations related to flammable vegetation abatement (Attachment 2).
At the time of the notice, property owners were given the option to complete the required work themselves, hire their own contractor, or elect to schedule the Town of Los Gatos’ authorized contractor (Santa Clara County) to perform the work.
Below is the scheduled outline for the 2025 hazardous brush abatement program:
February 2025 The 2025 Brush Abatement Program letters were mailed to property owners.
April 1, 2025 Santa Clara County Fire Department (SCCFD) began conducting the first property inspections. A door hanger describing the safety regulations is placed at the property, and a copy is mailed to the property owner’s mailing address.
May 20, 2025 Town Council adopts a Resolution declaring hazardous vegetation (brush) a public nuisance and sets June 17, 2025 as a public hearing to consider objections to the proposed removal of brush.
ITEM NO. 5.
PAGE 3 OF 4
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 17, 2025 as a Public Hearing to Consider Objections to the Proposed Removal of Brush
DATE: May 15, 2025
May/June 2025 SCCFD begins re-inspecting the properties that were out of compliance at the time of the first inspection. Property owners who are not in compliance at the time of re-inspection will be identified, and notice will be sent to the property owners providing information about the June 17 th
public hearing. The Town publishes notices of the public hearing at least 10 days prior to the hearing.
June 17, 2025 Town Council conducts a public hearing to consider objections to the proposed removal of hazardous vegetation (brush) of parcels declared non-compliant and orders the abatement of the nuisance by the Town’s authorized contractor (Santa Clara County).
June 2025 After the June 17
th public hearing, an additional inspection of all
identified properties listed on the report will be conducted before the Town’s authorized contractor performs any abatement work. If the property is found to be in compliance at the time of the re-inspection or upon the arrival of the abatement contractor, no work will be performed, and no charges will be imposed.
July 2025 The County provides the Town with an assessment list of charges for work that ultimately was performed by the contractor. If there are no proposed charges, no additional public hearing is required.
August 5, 2025 In the event a list of assessed charges is provided to the Town in July, the Town Council will conduct a public hearing on the hazardous vegetation (brush) abatement charges and adopt a resolution confirming or modifying assessments.
August 6, 2025 The Town submits a list of charges as a special assessment to the County Tax Collector.
CONCLUSION:
Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 17, 2025 as a public hearing to consider objections to the proposed removal of the brush.
COORDINATION:
ITEM NO. 5.
PAGE 4 OF 4
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 17, 2025 as a Public Hearing to Consider Objections to the Proposed Removal of Brush
DATE: May 15, 2025
This program is coordinated with the Santa Clara County Fire Department.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Resolution declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 17, 2025 as a public hearing to consider objections to the proposed removal of brush (includes Exhibit A).
2. Letters sent to property owners within the Wildland Urban Interface (WUI) area.
ITEM NO. 5.
1 of 3
Resolution 2025 - May 20, 2025
ATTACHMENT 1
DRAFT RESOLUTION 2025-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE, ORDERING ABATEMENT, AND SETTING JUNE 17, 2025 AS A PUBLIC HEARING TO CONSIDER
OBJECTIONS TO THE PROPOSED REMOVAL OF BRUSH
WHEREAS, Town Code Section 11.20.010 authorizes the Town to abate hazardous brush;
WHEREAS, the County Fire Department administers the Town’s brush abatement program;
WHEREAS, the County uses the brush abatement procedures set forth in Sections 39560 and following of the Government Code of the State of California; WHEREAS, Town of Los Gatos may declare that hazardous vegetation (brush) growing to such size and such type and in such locations as to constitute a fire hazard to the community is a public nuisance and compel owners, lessees, or occupants of buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, property, and adjacent sidewalks and parkways, and upon the person's failure to do so, remove or abate such hazardous vegetation (brush) at the owner's expense, making the cost of that abatement a lien upon the property; and WHEREAS, the Town of Los Gatos has entered into an agreement with the County of Santa Clara to provide hazardous vegetation (brush) abatement services; and WHEREAS, the maintenance of hazardous vegetation (brush) in violation of the Uniform Fire Code adopted by the Town of Los Gatos within the Wildland Urban Interface Fire areas identified and shown on the map (Exhibit A) constitutes a public nuisance and should be abated immediately; and
WHEREAS, the Santa Clara County Fire Department has mailed notices to property owners within the Wildland Urban Interface areas notifying them of the need to abate hazardous vegetation (brush) violations and explaining the steps necessary to correct such violations.
ITEM NO. 5.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos, and the Town Council hereby finds that:
1. Hazardous vegetation (brush) is a wood, perennial plant usually with multiple stems and trunks under ten feet in height, and is indigenous to the hillside area. Hazardous vegetation (brush) is also known to have a high oil, high resin, or low moisture content in its leaves and branches. Examples of this type of plant material include California Sagebrush, Greasewood or Chamise, Scotch Broom, and Toyon.
2. Unabated growth of hazardous vegetation (brush) upon and adjacent to private property within the hillside hazardous fire area and adjacent parkways and sidewalks is a public nuisance and should be abated.
3. The Director of Parks and Public Works shall act as the Superintendent for purposes of giving notice, supervising performance of the agreement with the County of Santa Clara, and evaluating the costs of abatement.
4. A public hearing is scheduled for 7:00 p.m. on June 17, 2025, at which time anyone objecting to abatement of the public nuisance may appear.
5. The County Fire Department shall mail notice of the public hearing in accordance with Government Code Section 39566.
BE IT FURTHER RESOLVED that unless the hazardous vegetation (brush) violations are corrected within the time specified in a written agreement with the Superintendent or the Superintendent's representative, the Town of Los Gatos shall cause such nuisance to be abated, and the expense thereof assessed upon the lots or lands from which or on which the abatement actions occur, such expense to constitute a lien upon such lots or lands until paid, and to be collected upon the next real property tax roll upon which general municipal taxes are collected.
BE IT FURTHER RESOLVED that on the 17
th day of June 2025, at a meeting of the Town
Council beginning at 7:00 p.m. in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, CA, a public hearing will be held during which all property owners within the Wildland Urban Interface areas in the Town of Los Gatos having any objections to the proposed abatement of hazardous vegetation (brush) will be heard and given due consideration.
ITEM NO. 5.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 20th day of May 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. 5.
Local Responsibility Area Fire Hazard Severity Zones
Town of Los Gatos
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LGA 100 / LRA Very High FHSZ
¯
1 0.5 0 1
MILES
January 2025
Municipality
¦ Fire Station
LGA 100 / Very High FHSZ
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EXIBIT A TO ATTACHMENT 1
ITEM NO. 5.
Dear Property Owner,
National Wildfire Community Preparedness Day will take place on Saturday, May 3 rd
. Take action to protect
your home and community against the threat of wildfire by attending one of several upcoming community wildfire preparedness workshops, see QR code below under the Resources and Information section.
As a property owner in a designated Fire Hazard Severity Zone of the Wildland Urban Interface, you must comply with the minimum fire-safe regulations. Self-inspections are a key component in achieving fire resilience for residents and the community. Included in this letter is a property self-inspection card. Please complete this card and return by mail or online using the provided QR code below under Option 1.
Your property is in a Very High Fire Hazard Severity Zone of the Wildland Urban Interface Area and requires 100 feet of defensible space from all structures. Defensible space is the necessary buffer created around a structure when combustible vegetation is removed or reduced.The enforced safety regulations for your property include:
Enforced Safety Regulations (Items A - F)
A. Create 100 feet of defensible space around your home. To accomplish this, you must clear flammable vegetation a minimum of 30 feet around structures. Additionally, create a reduced fuel zone for the remaining 70 feet (or to the property line).
B. Remove pine needles, leaves, and other dead vegetation from roofs, eaves and rain gutters.
C. Trim tree limbs 10 feet from chimneys and stove pipes; remove dead limbs that hang over rooftops.
D. Remove all non-fire-resistive vegetation a minimum of 10 feet on each side of a fire apparatus access road or driveway.
E. Cover chimney outlets or flues with a 1/2” mesh spark arrester.
F. Post a clearly visible house address, using at least 4” high numbers, for easy identification. For homes located more than 50 feet from the street, post address numbers at the driveway entrance.
Additional Safety Recommendations (Municipal Code §9.30.005) • New construction must create a noncombustible area a minimum of 5 feet from all structures. • Remove flammable vegetation a minimum of 10 feet around liquified petroleum gas tanks/containers. • Store woodpiles and combustible materials (e.g., woodpiles, lumber, and scrap) a minimum of 30 feet from all structures and separated from the crown of trees by a minimum horizontal distance of 15 feet. • Firewood and combustible materials shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies or other projections or overhangs.
February 14, 2025
RE: <<Property Address>> / APN: <<APN>>
SANTA CLARA COUNTY FIRE DEPARTMENT
ATTN: FIRE PREVENTION DIVISION
1315 DELL AVENUE
CAMPBELL, CA 95008-6609
<<Owner Name>>
<<Owner Address>>
<<Owner City>>, <<Owner State>> <<Owner ZIP Code>>
<<Endorsement Line>>
<<Owner Name>>
<<Owner Address>>
<<Owner City>>, <<Owner State>> <<Owner ZIP Code>>
FFFFFFFFFFFFFFFFFFFF
PLACE
STAMP
HERE
LOS GATOS 100'
ATTACHMENT 2
ITEM NO. 5.
Owner Responsibilities:
1. Please ensure that your property satisfies the listed requirements. You have the option to complete the required work yourself or hire a contractor. For information about vegetation abatement services, visit WeedAbatement.SCCgov.org or call 408.282.3145.
2. Please either complete and return the attached property self-inspection card OR scan the QR Code below (under Option 1) to report the current status of your property before April 1, 2025.
Inspection Schedule:
On April 1, 2025, SCCFD will begin conducting property inspections. Property owners not in compliance will be notified of what work needsto be completed to comply with the Enforced Safety Regulations.
Fourteen (14) days after the initial and subsequent inspections, we will conduct a re-inspection of the properties that were out of compliance. If your property fails to comply with Items A, B, C, or D of the Enforced Safety Regulations specified above, before June 1, 2025, the compliance work will be completed by the Town of Los Gatos’ authorized contractor, and the charges for this service will appear on your next property tax bill.
If you would like to request a courtesy inspection, appointments will be available April 1st through April 15th. To schedule a courtesy property inspection provided by SCCFD or for more information, please contact the Fire Prevention Division at [email protected] or call 408.341.4420.
Sincerely,
Hector R. Estrada, Deputy Chief
Fire Prevention Division
Choose ONE:
1. Scan the QR code below with a smartphone camera to submit your response online OR
2. Complete and mail the attached information card below.
Evacuation Zone ID:
Private Access Key: Or Online: qrs.ly/syej73x
<<ZoneID>>
<<AccessKey>>
Option 1 - Respond Online
I have received the annual Wildland Urban Interface (WUI) Enforced Safety Regulations letter related to flammable vegetation abatement. The current status of my property is as follows (choose one):
□ I have inspected my property for flammable vegetation clearance and believe it complies with the Enforced Safety Regulations. I understand that an inspection of my property may be conducted to verify compliance. □ I will remove flammable vegetation around all structures on my property in accordance with the Enforced Safety Regulations. I understand that if the required work is not completed, the authorized contractor will complete the work and the charges will appear on my next property tax bill. □ I am no longer the owner of this property.
□ There are no structures on this property.
Name (print clearly): ____________________________________________________ Date: _________________ Phone: (______)____________________ Email: __________________________________________________ Property Address: <<Property Address>>
Option 2 - Respond by Mail
Resources and Information
California Department of Insurance: www.insurance.ca.gov • 800.927.4357 Provides information about all types of insurance, including insurance coverage and limits for high fire risk areas Santa Clara County FireSafe Council: www.SCCFireSafe.org • 408.975.9591 Protects and educates communities at risk from wildfire through fuel reduction programs, outreach and community planning efforts Santa Clara County Weed Abatement Program: www.weedabatement.santaclaracounty.gov • 408.282.3145 Provides community education and hazard abatement services to protect communities from fire hazards Genasys Protect: Know Your Zone
Visit protect.genasys.com to view/verify your Evacuation ZONE# Wildfire Preparedness
Workshops & Chipping
Program Information AlertSCC.org
ITEM NO. 5.
PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Assistant Town Manager, Town Attorney and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/20/2025
ITEM NO: 6
DATE: May 15, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the Agreement for Services with Sequoia Ecological Consulting Inc.
RECOMMENDATION:
Staff recommends that the Town Council authorize the Town Manager to execute a Third Amendment (Attachment 1) to the Agreement for Services with Sequoia Ecological Consulting, Inc. (Sequoia) to extend the agreement end date to December 31, 2025, for Vegetation Management – Townwide Open Spaces Project (CIP No. 832-4508).
STRATEGIC PRIORITIES:
This project supports the Core Goal of Public Safety. Sequoia Ecological Consulting provides environmental consulting services for the ongoing wildfire fuel reduction work in town-owned open spaces.
FISCAL IMPACT:
There are no fiscal impacts related to this action. The third amendment is an extension of time only.
BACKGROUND:
On August 6, 2024, the Town Council authorized the Town Manager to execute an agreement with Sequoia in the amount of $181,165 to provide environmental management and compliance services for vegetation management in Town owned open space areas.
ITEM NO. 6.
PAGE 2 OF 2
SUBJECT: Authorize Second Amendment to Agreement for Services with Sequoia Ecological Inc.
DATE: May 20, 2025
On October 15, 2024, the Town Council authorized the Town Manager to execute the First Amendment to the agreement to amend the scope of services and increase the compensation to $231,355.
On January 16, 2025, the Town Council authorized the Town Manager to execute the Second Amendment to the agreement, amending the scope of services and increasing the total compensation to $237,795.
DISCUSSION:
Sequoia continues to support staff in addressing the extensive environmental requirements associated with wildfire risk reduction in Town open spaces. Field work has been completed at La Rinconada Park, Novitiate Park, and Worcester Park. Work is ongoing at the Heintz and Santa Rosa open space areas. Sequoia is providing ongoing biological and environmental compliance monitoring during these efforts.
CONCLUSION:
Approving this amendment will allow Sequoia to support staff in implementing the open space vegetation management/wildfire risk reduction work that is planned to continue through spring and into summer 2025.
ENVIRONMENTAL ASSESSMENT:
The Project Specific Analysis and Addendum concluded that all the effects of the proposed project: (a) have been covered in the CalVTP PEIR; and (b) all applicable Standard Project Requirements and mitigation measures identified in the CalVTP PEIR will be implemented.
The proposed project is, therefore, within the scope of the CalVTP PEIR. A Notice of Determination has been submitted to the County of Santa Clara.
Attachments:
1. Third Amendment to Agreement for Consulting Services with Sequoia Ecological Consulting Inc., including Exhibit A – Original Agreement, Scope of Services, and Prior Amendments
ITEM NO. 6.
Amendment to Agreement
Sequoia Ecological Consulting, Inc.
AMENDMENT TO AGREEMENT
PREAMBLE
This Third Amendment to Agreement for Consultant Services is dated for identification on this 20th day of May 2025, and amends that certain Amendment to Agreement for Consultant Services dated 21st Day of January 2025, made by and between the Town of Los Gatos, ("Town,") and the Sequoia Ecological Consulting, Inc. (“Consultant”) identified as an S Corporation and whose address is 1342 Creekside Drive, Walnut Creek, CA 94596.
I. RECITALS
A. Town and Consultant entered into Agreement for Consultant Services on August 6, 2024, (“Agreement”), with a First Amendment executed on October 15, 2024 and a Second Amendment executed on January 21, 2025 copies of which are attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to Term and Time of Performance.
II. AMENDMENT
A. Section 2.2 Term and Time of Performance. This contract section is hereby amended to read as follows: This contract will remain in effect upon execution through December 31, 2025.
B. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1 Page 38
ITEM NO. 6.
Amendment to Agreement
Sequoia Ecological Consulting, Inc.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos by:
________________________________________
Chris Constantin, Town Manager
Sequoia Ecological Consulting, Inc. by:
________________________________________
Debie Montana, Chief Executive Officer
Recommended by:
________________________________________
Nicolle Burnham,
Director of Parks and Public Works
Approved as to Form:
________________________________________
Gabrielle Whelan, Town Attorney
Attest:
________________________________________
Wendy Wood, CMC, Town Clerk
ITEM NO. 6.
Docusign Envelope ID: 71ABC041-66FC-4CBE-B806-7F606F5E7542
Second Amendment to Agreement for Consultant Services
Sequoia Ecological Consulting, Inc.
AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT is dated for identification this 21st day of January 2025 and amends that certain First Amendment to Agreement for Consultant Services dated October 15, 2024, made by and between the Town of Los Gatos, ("Town,") and the Sequoia Ecological Consulting, Inc. (“Consultant”) identified as an S Corporation and whose address is 1342 Creekside Drive Walnut Creek, CA 94596.
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on August 6, 2024, (“Agreement”), a First Amendment to Agreement for Consultant Services on October 15, 2024, copies of which is attached hereto and incorporated by reference as Exhibit B to this Amendment.
B. Town desires to amend the Agreement to provide additional services and to add to the compensation as described in Exhibit A of this amendment.
AMENDMENT
1. Section 2.1 Scope of Services is amended to add the services in Exhibit A of this amendment.
2. Section 2.6 Compensation is amended to increase by $6,440 for a total amount not to exceed $237, 795, inclusive of all costs.
Payment shall be based upon Town approval of each task based on Exhibit A.
3. All other terms and conditions of the Agreement remain in full force and effect.
EXHIBIT A to Third
Amendment
ITEM NO. 6.
Docusign Envelope ID: 71ABC041-66FC-4CBE-B806-7F606F5E7542
Second Amendment to Agreement for Consultant Services
Sequoia Ecological Consulting, Inc.
2/3/2025 1/29/2025
2/3/2025 2/4/2025
1/30/2025
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: Sequoia Ecological Consulting, Inc. by:
Chris Constantin, Town Manager Debie Montana, Chief Executive Officer Department Approval:
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
ITEM NO. 6.
Docusign Envelope ID: 71ABC041-66FC-4CBE-B806-7F606F5E7542 Date: December 23, 2024
To: Nicolle Burnham
Parks and Public Works Director
Town of Los Gatos
110 E. Main St.
Los Gatos, CA 95030
From: Kyle Verblaauw| Biologist – Project Manager
Tel. (201) 787-1738 | [email protected]
Sequoia Ecological Consulting, Inc.
DIR #1000022497 | DBE #40492 (CUCP/CA DOT) | SBE #1790596 (CA DGS) RE: Scope of Work and Cost Estimate for California Department of Fish Wildlife Consultation Memorandum for the Los Gatos Vegetation Management Project Section 1. Cost Estimate
Sequoia anticipates providing services on a time and material (T&M) cost basis. The estimated costs for the scope of work and assumptions provided in Sections 2 and 3 below.
TASK 1. CDFW COMMENT MEMORANDUM PREPARATION
Task Cost Type Bid Item Total
Cost
1. CDFW Comment Memorandum Preparation T&M $6,440
Section 2. General Assumptions
Assumes one round of client edits.
Cost estimate does not include coordination or communication with any regulatory agencies, outside consultants, or other entities. These services can be provided under an amended scope as requested.
Sequoia will not edit or provide any addenda to the Project Specific Analysis (PSA) document. 1342 Creekside Drive Walnut Creek, CA 94596 925.855.5500 www.sequoiaeco.com
EXHIBIT A
ITEM NO. 6.
Docusign Envelope ID: 71ABC041-66FC-4CBE-B806-7F606F5E7542 Sequoia Ecological Consulting Scope andQuote
Los Gatos Vegetation Management Project
December 23, 2024
Page
2 of 2
Section 3. Scope of Work
Sequoia will continue to support the Los Gatos Vegetation Management Project by developing a memorandum addressing the comments provided by the California Department of Fish and Wildlife (CDFW) during the PSA review process. Sequoia will prepare the memorandum directly acknowledging and/or addressing all CDFW comments and provide a draft to the Town of Los Gatos for review and comments prior to submittal to the California Board of Forestry for filing. Development of the memorandum may include additional research and/or mapping to adequately address CDFW comments.
Closing
Sequoia carries commercial auto, general liability, workers compensation, and professional liability insurance, and can provide a waiver of subrogation.
If you have any questions regarding our scope of work and cost estimate, or if we may be of further assistance, please do not hesitate to contact me directly. We look forward to supporting you on this project.
Sincerely,
Kyle Verblaauw | Biologist, Project Manager
Sequoia Ecological Consulting, Inc.
Mobile: 201.787.1738 | Main: 925.855.5500 ǀ Fax: 510.439.1104 [email protected]
www.sequoiaeco.com
ITEM NO. 6.
Environmental Services Env. Project Management Administrative Support Services Field Technician 1 $90 Assistant Project Manager 1 $165 Clerical Field Technician 2 $105 Assistant Project Manager 2 $170 Project Administrator Field Technician 3 $115 Assistant Project Manager 3 $175 Technical Editor 1 Staff Biologist 1 $120 Project Manager 1 $180 Technical Editor 2 Staff Biologist 2 $125 Project Manager 2 $185 Technical Editor 3 Staff Biologist 3 $130 Project Manager 3 $190 Senior Technical Editor Associate Biologist 1 $135 Project Manager 4 $200
Associate Biologist 2 $140 Project Manager 5 $210 Geographic Information Services (GIS) Associate Biologist 3 $145 Project Manager 6 $220 GIS Technician 1 Project Biologist 1 $150 Sr. Project Manager 1 $230 GIS Technician 2 Project Biologist 2 $155 Sr. Project Manager 2 $240 GIS Technician 3 Project Biologist 3 $160 Sr. Project Manager 3 $250 GIS Analyst 1 Resource Specialist 1 $165 Program Manager 1 $260 GIS Analyst 2 Resource Specialist 2 $170 Program Manager 2 $270 GIS Analyst 3 Resource Specialist 3 $175 Program Manager 3 $280 GIS Project Manager 1 Senior(Sr.) Biologist 1 $180 Principal 1 $290 GIS Project Manager 2 Sr. Biologist 2 $185 Principal 2 $300 GIS Project Manager 3 Sr. Biologist 3 $190 Principal 3 $310 GIS Specialist 1
Sr. Scientist 1 $200 Sr. Principal 1 $320 GIS Specialist 2 Sr. Scientist 2 $210 Sr. Principal 2 $330 GIS Specialist 3 Sr. Scientist 3 $220 Sr. Principal 3 $340 GIS Program Manager 1 Sr. Technical Specialist 1 $230 GIS Program Manager 2
Sr. Technical Specialist 2 $240 Botanist/Arborist Services GIS Program Manager 3 Sr. Technical Specialist 3 $250 Botanist/Arborist 1 $135 Sr. Regulatory Specialist 1 $260 Botanist/Arborist 2 $150 Sr. Regulatory Specialist 2 $270 Botanist/Arborist 3 $165 Sr. Regulatory Specialist 3 $280 Sr. Botanist/Arborist 1 $185 Sr. Botanist/Arborist 2 $200
Sr. Botanist/Arborist 3 $215
$110
$135
$150
$160
$170
$195
$135
$145
$155
$165
$175
$185
$200
$210
$220
$230
$240
$250
$260
$270
$280
SEQUOIA ECOLOGICAL CONSULTING, INC.
2024HOURLYRATE SCHEDULE
Other Direct Costs
Regular Vehicle (GSA Rate) $0.67/mile
Submeter GPS
UTV and Trailer
Fleet Vehicle
iPad
Wildlife Remote Camera
Acoustic Bat Monitor
Kayak Kit
Survey Flashlight(Streamlight)
Aquatic Survey Sampling Kit
Drone/sUAS
Wetsuit
Drysuit
YSI ProDSS Water Quality Meter
Notes on Expense Reimbursement/Other:
1. Computer, facsimile, and telephone are included in the billing rates, and there is no additional charge.
2. Reproduction, equipment, and other direct expenses are reimbursed at cost plus a 15% administrative handling charge (excluding mileage).
3. Subconsultants will be billed at their indicated rate plus a 15% administrative handling charge; or the Sequoia labor category commensurate with their role.
4. Depending upon location, PerDiem may be charged where overnight stays are required.
5. Weekly or monthly equipment rates at a reduced amount may be available on a contract-specific basis.
6. Expert Witness Testimony, including Depositions, is billed at the time and half.
7. Non-standard invoice processing will be billed atstandard hourly rates forsupport personnel.
8. Sequoia will review our hourly rates annually and may choose to escalate ourrate sheet depending on changes to the cost- of living- index and other factors.
9. Hours beyond 8 hours per day are charged at an overtime rate of 1.5 times our standard hourly rates for qualifying personnel.
To comply with California Labor Code 512 and California Code of Regulations 11040, if on-site conditions prohibit personnel from taking required breaks, one additional hour of time will be billed per day for qualifying staff covered under the regulations.
www.sequoiaeco.com
Docusign Envelope ID: 71ABC041-66FC-4CBE-B806-7F606F5E7542 $100/day
$95/day
$95/day
$10/day
$20/ day
$35/day
$75/day
$12.50/day
$25/person/day
$250/day
$70/week
$195/week
$125/day
ITEM NO. 6.
Docusign Docusign Envelope Envelope ID: 71ABC041 C3C88704-33B6 66FC--485B 4CBE-9D22 -B806-15DBA66398A5 -7F606F5E7542
Amendment 1 to Agreement of Consultant Services with Sequoia Environmental Consulting
EXHIBIT B
AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT is dated for identification this 15th day of October, 2024 and amends that certain Agreement for Consultant Services dated August 6, 2024, made by and between the Town of Los Gatos, ("Town,") and Sequoia Consulting Group (“Consultant”), identified as an S Corporation and whose address is 1342 Creekside Drive, Walnut Creek, CA 94596
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on August 6, 2024, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit B to this Amendment.
B. Town desires to amend the Agreement to provide additional environmental consulting services that are required to comply with state and federal environmental laws.
AMENDMENT
1. Section 2.1 Scope of Services is amended to add the services in Exhibit A of this amendment.
2. Section 2.6 Compensation: Compensation for services is amended to increase by $1,000 to correct a discrepancy in the original agreement* and to add $49,190 for a total amount not to exceed $231,355, inclusive of all costs. Payment shall be based upon Town approval of each task and fees for each task shall not be exceeded without written authorization from the Town.
3. All other terms and conditions of the Agreement remain in full force and effect. *The original agreement was executed for a base price of $181,165. The Proposal Price Sheet submitted by Consultant (See page 70 or 96 of the original agreement) included six lines items with a total value of $182,165. This amendment adjusts the original agreement base price to coincide with the bid proposal submitted by Sequoia.
ITEM NO. 6.
Docusign Docusign Envelope Envelope ID: 71ABC041 C3C88704-33B6 66FC--485B 4CBE-9D22 -B806-15DBA66398A5 -7F606F5E7542
Amendment 1 to Agreement of Consultant Services with Sequoia Environmental Consulting _____________
10/21/2024
10/22/2024 10/24/2024
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: Approved as to Consent:
_
Katy Nomura, Interim Town Manager Will Johnson, Program Manager Department Approval:
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk 10/24/2024
ITEM NO. 6.
Docusign Docusign Envelope Envelope ID: 71ABC041 C3C88704-33B6 66FC--485B 4CBE-9D22 -B806-15DBA66398A5 -7F606F5E7542 1342 Creekside Drive Walnut Creek, CA 94596 925.855.5500 www.sequoiaeco.com
EXHIBIT A
Date: September 17, 2024
Nicolle Burnham
Director
Town of Los Gatos – Parks and Public Works
41 Miles Avenue
Los Gatos, CA 95030
Will Johnson, M.S.
Climate Resiliency & Restoration Program Manager
Sequoia Ecological Consulting, Inc.
Town of Los Gatos Vegetation Management Plan Project Specific Analysis(PSA) Additional Scope – September 2024
To:
From:
RE:
Scope of Work
Task 1: Perform Additional Project Coordination
Sequoia will provide additional hours of project management time to successfully submit the Town of Los Gatos (Town) Vegetation Management Plan (VMP) PSA, implement and coordinate necessary survey efforts, and generally guide the process beyond those efforts originally outlined in the base scope of work.
Assumptions:
Budget assumes 10 additional meetings than what is covered in the base scope. Weekly meetings will be one (1) hour and virtual. Both the Program Manager and Project Manager will attend the meetings.
Task 2: Prepare Notice of Determination & Assist in Submitting Project PSA Sequoia will review all previously created PSA materials for completeness and compliance, and then assist the Town in packaging and submitting them to the Board of Forestry and CAL FIRE. Sequoia will prepare a Notice of Determination (NOD) in accordance with Section 15094 of the California Environmental Quality Act (CEQA) Guidelines. The Town will need to file the NOD with the County Clerk.
Sequoia will attend a site visit of the project sites with California Department of Fish and Wildlife (CDFW), U.S. Fish and Wildlife Service (USFWS), and the Town if requested. Costs have been included for this one (1) field meeting for the Program Manager and Project Manager (if a field meeting is necessary).
ITEM NO. 6.
Docusign Docusign Envelope Envelope ID: 71ABC041 C3C88704-33B6 66FC--485B 4CBE-9D22 -B806-15DBA66398A5 -7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal
Town of Los Gatos Vegetation Management Plan PSA
September 17, 2024
Page
2 of 6
Deliverables:
Assist in delivering the Project Specific Analysis (PSA) for the Town of Los Gatos VMP to the Board of Forestry and CAL FIRE.
Notice of Determination in PDF format.
Assumptions:
The Town will provide all relevant materials associated with the PSA, including GIS shapefiles, drafts, forms and other materials that were generated by the previous environmental consulting firm for the PSA effort.
We assume materials have been proof-checked and that agencies have been previously consulted on the content and elements. We do not assume any level of effort for edits, revisions or changes to the PSA. Additional efforts to make edits or revisions will be scoped separately.
The Town will provide applicable NOD filing fees via a reimbursable expense on Sequoia’s invoice.
Task 3: Perform Rare Plant Surveys per California Vegetation Treatment Program (CalVTP) Specific Project Requirement (SPR) BIO-7
Sequoia will review findings from the PSA reconnaissance surveys previously conducted (2023) to effectively eliminate unsuitable habitat for species and plants that will not require further analysis. This could lead to a potentially smaller survey area and effort for rare plant surveys. This could also identify areas that the Town’s contractor can effectively begin work in during the fall/winter 2024 season, after pre-treatment surveys have been completed. Otherwise, in suitable habitat areas, per the CalVTP, Sequoia understand bloom-period appropriate rare plant surveys for rare species anticipated to occur must occur prior to treatment efforts.
Per the CalVTP, Sequoia understands that if target special-status species is an herbaceous annual, stump-sprouting, or geophyte species, the treatment may be carried out during the dormant season for that species, or when the species has completed its annual lifecycle without conducting presence/absence surveys provided the treatment will not alter habitat or destroy seeds, stumps, or roots, rhizomes, bulbs and other underground parts in a way that would make it unsuitable for the target species to reestablish following treatment. Therefore, it may be possible to reduce survey efforts pending evaluation of species occurrence, phenology, and PSA treatment methods (excavation/disturbance vs. light-on-land approach).
ITEM NO. 6.
Docusign Docusign Envelope Envelope ID: 71ABC041 C3C88704-33B6 66FC--485B 4CBE-9D22 -B806-15DBA66398A5 -7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal
Town of Los Gatos Vegetation Management Plan PSA
September 17, 2024
Page
3 of 6
A Sequoia botanist will perform a protocol-level survey following California Department of Fish and Wildlife (CDFW) Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities” (current version dated March 20, 2018) of the treatment area for sensitive natural communities and sensitive habitats. Sensitive natural communities will be identified using the best means possible, including keying them out using the most current edition of A Manual of California Vegetation (including updated natural communities data at http://vegetation.cnps.org/), or referring to relevant reports (e.g., reports found on the VegCAMP website). Surveys will be conducted in a manner which maximizes the likelihood of locating special status plants and sensitive natural communities. They will be floristic in nature meaning that every plant taxon that occurs is identified to the taxonomic level necessary to determine rarity and listing status.
The extent of the survey may include adjacent or adjoining properties where project effects could occur – it is important to not restrict surveys to known locations of special status plants. Surveys will consist of walking through both the survey areas and as much of the treatment areas as possible.
Parallel survey transects may be necessary to ensure thorough survey coverage in some habitats.
Sequoia will identify plants in the field. If any special status plants or sensitive natural communities are found during these surveys, Sequoia will flag and map them using a combination of methods including ArcGIS Field Maps, CalFlora Weed Observer, and/or another GPS mapping software (e.g., Avenza).
Sequoia will take detailed notes and record all information as required by CDFW protocols (e.g., location description, site-specific characteristics, number of individuals, percentage of each special status plant and associated life stage characteristics, density of special status plants and digital images of special status plants and sensitive natural communities).
The botanist will map and digitally record, using a Global Positioning System (GPS), the limits of any potential sensitive habitat and sensitive natural community identified in the treatment area.
Deliverables:
Sequoia will summarize results from the completed surveys. A separate report will not be generated. The team will follow CDFW protocols and will submit all required documentation to the CDFW as required.
Assumptions:
The Town will provide Sequoia with geodata of Project and survey areas as GIS Shapefile or Google Earth .kmz file, including the following layers: treatment area boundaries with roads and trails, treatment area habitat types, and any other relevant GIS products associated with the development of the PSA in general.
ITEM NO. 6.
Docusign Docusign Envelope Envelope ID: 71ABC041 C3C88704-33B6 66FC--485B 4CBE-9D22 -B806-15DBA66398A5 -7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal
Town of Los Gatos Vegetation Management Plan PSA
September 17, 2024
Page
4 of 6
Task 4: Perform Pre-field Research and Archaeological Surveys per SPR CUL-1 through SPR CUL-5 & SPR CUL-8
Sequoia’s cultural resource sub-consultant Montrose will perform CalVTP Programmatic EIR Standard Project Requirements (SPRs) CUL-1 through CUL-5 and SPR CUL-8 including: records search, pre-field research, an archaeological survey, coordination with Native American groups (already included under base scope; this cost omitted from this additional work proposal), worker training to recognize sensitive cultural resources (if necessary, already included in base scope), and avoiding or protecting known resources.
Montrose will conduct pre-field research and conduct a site-specific survey of the treatment area. The purpose of pre-field research is to inform survey design, based on the types of resources likely to be encountered within the treatment area, and to be prepared to interpret, record and evaluate these findings within the context of local history and prehistory. Pre-field research includes reviewing records, studying maps, reading pertinent ethnographic, archaeological and historical literature specific to the area. The survey methodology (e.g., pedestrian survey, subsurface investigation) depends on whether the area has a low, moderate, or high sensitivity for resources, which is based on whether the records search, pre-field research, and/or Native American consultation identifies archaeological or historical resources near or within the treatment area. A survey report will be completed for every cultural resource survey completed.
A record search at the Northwest Information Center, Sonoma State University, will be requested that includes the treatment areas and a quarter-mile buffer. Montrose will submit a Sacred Lands Request to the Native American Heritage Commission (NAHC) for a list of local tribes and, upon receipt, draft a contact letter for Sequoia and the Town for review. The final letter will be sent to each contact requesting information on Tribal Cultural Resources, if any, that may be impacted by project actions.
Montrose will send the letters via the U.S. mail with a certified return receipt, and also email the letter to each tribal contact. Follow-up emails will be sent approximately two weeks later.
In accordance with SPR CUL-4 (Archaeological Surveys) of the CalVTP EIR, Montrose archaeological staff will conduct archaeological surveys of proposed treatment areas. The current fuel reduction treatments cover approximately 194 acres. The record search and Native American consultation process will help to determine which areas have a low, moderate, or high sensitivity for resources and dictate the appropriate survey methodology (e.g., more intensive survey or more cursory inspection). Slope percentage and distance to water sources will be used to adjust field efforts, depending on a modeled probability of encountering archaeological deposits. Field staff will use GPS devices and ESRI Field Maps to accurately record any cultural resources encountered. Location maps and sketch maps associated with the forms will utilize ArcGIS Pro software and Adobe Illustrator, as needed. A Cultural Resources Assessment Report will be prepared to report the methods and findings of the study.
ITEM NO. 6.
Docusign Docusign Envelope Envelope ID: 71ABC041 C3C88704-33B6 66FC--485B 4CBE-9D22 -B806-15DBA66398A5 -7F606F5E7542 Sequoia Ecological Consulting, Inc. Page
Proposal 5 of 6
Town of Los Gatos Vegetation Management Plan PSA
September 17, 2024
Deliverables:
Report(s)summarizing results from archaeologicalsurvey. Draft and final tribal contact letters (electronic only).
Assumptions:
The Town will provide all relevant materials associated with the PSA, including GIS shapefiles, drafts, forms and other materials that were generated by the previous environmental consulting firm for the PSA effort.
Montrose will respond to one round of comments on the draft letter from the Town. Up to one virtual meeting with any Tribe requesting consultation on Tribal Cultural Resources.
No more than 4 pre-contact or post-contact archaeological sites will be identified and recorded using California Department of Parks and Recreation (DPR) Primary Record standards. Two days in the field is expected for two archaeologists. Montrose will respond to one round of comments on the draft Cultural Resources Assessment Report from Sequoia and one from the Town.
No isolated object will be recorded. Refuse scatters will be recorded if they contain more than 6 cans or bottles within a 100-meter square area. No built environment element will be recorded; allsuch resources are assumed to be avoided by project actions.
No cultural resources will be evaluated for significance under the California Register of Historical Resources (CRHR)1 criteria as part of this scope of work. It is assumed all identified archaeological resources and built environment features or structures will be avoided by project actions. Any potentially eligible historical resource that cannot be avoided will require additional scope and costs to evaluate under CRHR criteria.
Cost
Sequoia anticipates providing services as not-to-exceed total amounts, on a time-and-materials basis using established rates. The estimated costs for the scope of work outlined above are as follows:
ITEM NO. 6.
Docusign Docusign Envelope Envelope ID: 71ABC041 C3C88704-33B6 66FC--485B 4CBE-9D22 -B806-15DBA66398A5 -7F606F5E7542 Sequoia Ecological Consulting, Inc. Page
Proposal 6 of 6
Town of Los Gatos Vegetation Management Plan PSA
September 17, 2024
Task Cost
Task 1. Additional Project Coordination $ 4,195
Task 2. Prepare Notice of Determination & Assist in Submitting PSA $ 4,846 Task 3. Rare Plant Surveys per SPR BIO-7 $ 9,087
Task 4. Perform Pre-field Research and Archaeological Surveys per SPR CUL-1 through SPR CUL-5 & SPR CUL-8 $ 31,062
TOTAL $ 49,190
Sincerely,
Will Johnson | Climate Resiliency & Restoration Program Manager Mobile: (707) 889-3678
Main: 925.855.5500
[email protected]
ITEM NO. 6.
Docusign Docusign Envelope Envelope ID: 71ABC041 C3C88704-33B6 66FC--485B 4CBE-9D22 -B806-15DBA66398A5 -7F606F5E7542 2024-2028
HOURLYRATE SCHEDULE
Environmental Services 2024 2025 2026 2027 2028 Env. Project Mgm’t. 2024 2025 2026 2027 2028 Field Technician 1 $90 $95 $99 $104 $109 Assistant Project Manager 1 $165 $173 $182 $191 $201 Field Technician 2 $105 $110 $116 $122 $128 Assistant Project Manager 2 $170 $179 $187 $197 $207 Field Technician 3 $115 $121 $127 $133 $140 Assistant Project Manager 3 $175 $184 $193 $203 $213 Staff Biologist 1 $120 $126 $132 $139 $146 Project Manager 1 $180 $189 $198 $208 $219 Staff Biologist 2 $125 $131 $138 $145 $152 Project Manager 2 $185 $194 $204 $214 $225 Staff Biologist 3 $130 $137 $143 $150 $158 Project Manager 3 $190 $200 $209 $220 $231 Associate Biologist 1 $135 $142 $149 $156 $164 Project Manager 4 $200 $210 $221 $232 $243 Associate Biologist 2 $140 $147 $154 $162 $170 Project Manager 5 $210 $221 $232 $243 $255 Associate Biologist 3 $145 $152 $160 $168 $176 Project Manager 6 $220 $231 $243 $255 $267 Project Biologist 1 $150 $158 $165 $174 $182 Senior Project Manager 1 $230 $242 $254 $266 $280 Project Biologist 2 $155 $163 $171 $179 $188 Senior Project Manager 2 $240 $252 $265 $278 $292 Project Biologist 3 $160 $168 $176 $185 $194 Senior Project Manager 3 $250 $263 $276 $289 $304 Resource Specialist 1 $165 $173 $182 $191 $201 Program Manager 1 $260 $273 $287 $301 $316 Resource Specialist 2 $170 $179 $187 $197 $207 Program Manager 2 $270 $284 $298 $313 $328 Resource Specialist 3 $175 $184 $193 $203 $213 Program Manager 3 $280 $294 $309 $324 $340 Senior(Sr.) Biologist 1 $180 $189 $198 $208 $219 Principal 1 $290 $305 $320 $336 $352 Sr. Biologist 2 $185 $194 $204 $214 $225 Principal 2 $300 $315 $331 $347 $365 Sr. Biologist 3 $190 $200 $209 $220 $231 Principal 3 $310 $326 $342 $359 $377 Sr. Scientist 1 $200 $210 $221 $232 $243 Senior Principal 1 $320 $336 $353 $370 $389 Sr. Scientist 2 $210 $221 $232 $243 $255 Senior Principal 2 $330 $347 $364 $382 $401 Sr. Scientist 3 $220 $231 $243 $255 $267 Senior Principal 3 $340 $357 $375 $394 $413 Sr. Technical Specialist 1 $230 $242 $254 $266 $280 Geographic Information Services (GIS) Sr. Technical Specialist 2 $240 $252 $265 $278 $292 GIS Technician 1 $135 $142 $149 $156 $164 Sr. Technical Specialist 3 $250 $263 $276 $289 $304 GIS Technician 2 $145 $152 $160 $168 $176 Sr. Regulatory Specialist 1 $260 $273 $287 $301 $316 GIS Technician 3 $155 $163 $171 $179 $188 Sr. Regulatory Specialist 2 $270 $284 $298 $313 $328 GIS Analyst 1 $165 $173 $182 $191 $201 Sr. Regulatory Specialist 3 $280 $294 $309 $324 $340 GIS Analyst 2 $175 $184 $193 $203 $213 Botanist/Arborist Services GIS Analyst 3 $185 $194 $204 $214 $225 Botanist/Arborist 1 $135 $135 $142 $149 $156 GIS Project Manager 1 $200 $210 $221 $232 $243 Botanist/Arborist 2 $150 $150 $158 $165 $174 GIS Project Manager 2 $210 $221 $232 $243 $255 Botanist/Arborist 3 $165 $165 $173 $182 $191 GIS Project Manager 3 $220 $231 $243 $255 $267 Sr. Botanist/Arborist 1 $185 $185 $194 $204 $214 GIS Specialist 1 $230 $242 $254 $266 $280 Sr. Botanist/Arborist 2 $200 $200 $210 $221 $232 GIS Specialist 2 $240 $252 $265 $278 $292 Sr. Botanist/Arborist 3 $215 $215 $226 $237 $249 GIS Specialist 3 $250 $263 $276 $289 $304 Administrative Support Services GIS Program Manager 1 $260 $273 $287 $301 $316 Clerical $110 $116 $121 $127 $134 GIS Program Manager 2 $270 $284 $298 $313 $328 Project Administrator $135 $142 $149 $156 $164 GIS Program Manager 3 $280 $294 $309 $324 $340 Technical EditorI $150 $158 $165 $174 $182
Technical EditorII $160 $168 $176 $185 $194
Technical EditorIII $170 $179 $187 $197 $207
Senior Technical Editor $195 $205 $215 $226 $237
ITEM NO. 6.
Docusign Docusign Envelope Envelope ID: 71ABC041 C3C88704-33B6 66FC--485B 4CBE-9D22 -B806-15DBA66398A5 -7F606F5E7542 Other Direct Costs
Regular Vehicle (GSA Rate) $0.67/mile
Submeter GPS $100/day
UTV and Trailer $95/day
Fleet Vehicle $95/day
iPad $10/day
Wildlife Remote Camera $20/ day
Acoustic Bat Monitor $35/day
Kayak Kit $75/day
Survey Flashlight (Streamlight) $12.50/day
Aquatic Survey Sampling Kit $25/person/day
Drone/sUAS $250/day
Wetsuit $70/week
Drysuit $195/week
Sequoia Ecological Consulting, Inc.
Hourly Rate Schedule
Page
2 of 2
YSI ProDSS Water Quality
Meter $125/day
Expense Reimbursement/Other:
1. Computer, facsimile, and telephone are included in the billing rates, and there is no additional charge.
2. Reproduction, equipment, and other direct expenses are reimbursed at cost plus a 15% administrative handling charge (excluding mileage).
3. Subconsultants will be billed at their indicated rate plus a 15% administrative handling charge; or the Sequoia labor category commensurate with their role.
4. Depending upon location, Per Diem may be charged where overnight stays are required.
5. Weekly or monthly equipment rates at a reduced amount may be available on a contract-specific basis.
6. Expert Witness Testimony, including Depositions, is billed at the time and half.
7. Non-standard invoice processing will be billed at standard hourly ratesforsupport personnel.
8. Sequoia will review our hourly rates annually and may choose to escalate our rate sheet depending on changes to the cost- of living- index and other factors.
9. Hours beyond 8 hours per day are charged at an overtime rate of 1.5 times ourstandard hourly ratesfor qualifying personnel.
To comply with California Labor Code 512 and California Code of Regulations 11040, if on-site conditions prohibit personnel from taking required breaks, one additional hour of time will be billed per day for qualifying staff covered under the regulations.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
Sequoia Consulting Group Page 1 of 17
EXHIBIT B
AGREEMENT FOR CONSULTANT SERVICES
PREAMBLE
THIS AGREEMENT is dated for identification on August 6, 2024 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Sequoia Consulting Group (“Consultant”), identified as an S Corporation and whose addressis 1342 Creekside Drive, Walnut Creek, CA 94596. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 The Town desires to engage Consultant to provide environmental consulting services in support of wildfire related vegetation management in Town owned open spaces.
1.2 The Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENT
2.1 Scope of Services. Consultant shall provide services as described in that certain Proposal sent to the Town on June 27, 2024 which is hereby incorporated as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect upon execution to June 30, 2025.
2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to perform the services under this Agreement. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultantshall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
Sequoia Consulting Group Page 2 of 17
assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation: Compensation for services in the amount not to exceed $181,165, inclusive of all costs. Payment shall be based upon Town approval of each task and fees for each task shall not be exceeded without written authorization from the Town.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Paymentshall be net thirty (30) days of receipt of the invoice. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
Email (preferred): [email protected]
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
Sequoia Consulting Group Page 3 of 17
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement.
Consultant shall make these records available to authorized personnel of the Town at the Consultant offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, including each of Consultant’s employees, agents,subcontractors, or others under Consultant’ssupervision or control, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rightsto retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.
2.11 Conflict of Interest. Consultant understandsthat its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Intentionally omitted.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
Sequoia Consulting Group Page 4 of 17
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the Agreement, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: two million dollars ($2,000,000) combined single limit per occurrence and in the aggregate for products and completed operations, personal and advertising injury, bodily injury, personal injury and property damage.
ii. Consultant agreesto have and maintain for the duration of the Agreement, an Automobile Liability insurance policy ensuring him/her and his/her staff for any, hired, or non-owned vehicles in an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.
iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements affecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
General Liability:
i. The Town, its elected and appointed officials, employees, and agents are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant.
ii. The Consultant'sinsurance coverage shall be primary insurance asrespects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
Sequoia Consulting Group Page 5 of 17
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement.
Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no lessthan one million dollars($1,000,000) per accident for bodily injury or disease.
3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, officers, agents, employees, and volunteers (“Indemnitees”) from all damages, liabilities, penalties, costs, attorneys’ fees, or expenses (“Losses”) in law or equity that may at any time arise or be set up because of damages to property or personal injury or other received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subcontractor. The Consultant’s duty to indemnify and hold harmless the Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees. Consultant’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Consultantshall have the right to terminate this agreement with or without cause by giving not less than sixty days (60) written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event ofsuch termination, Town shall pay Consultant an amount that bears the same ratio to the maximum Agreement price as the work delivered to the Town bears to completed
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
Sequoia Consulting Group Page 6 of 17
services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Sequoia Ecological Consulting Inc
Attn: Debie Montana
1342 Creekside Drive,
Walnut Creek, CA 94596
or personally delivered to Consultantto such address orsuch other address as Consultant designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.
4.9 California Public Records Act. Town is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to Town, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
Sequoia Consulting Group Page 7 of 17
lines containing the information. In the event of a request for such information, Town will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Clara County before the Town isrequired to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the Town is required to respond to the CPRA request, Town may disclose the requested information without any liability. Consultant further agreesthat itshall defend, indemnify and hold Town harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by Town of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.
4.10 Force Majeure. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, a strike, lockout or other labor difficulty, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, the only remedy is that there may be an equitable adjustment of the schedule based on Town’s sole discretion.
4.11. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
4.12 Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
4.13 Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
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V. FEMA CONTRACT TERMS
5.1 Remedies. Refer to Section IV of this agreement.
5.2 Termination for Cause and Convenience. Refer to Section 4.3 of this agreement.
5.3 Equal Opportunity Employment. During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part ofsuch employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
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(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result ofsuch direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality orsubdivision ofsuch government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
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of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings,the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings
5.4 Intentionally omitted.
5.5 Copeland Anit-Kickback Act. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment.
5.6 Intentionally omitted
5.7 Rights to Inventions Made Under a Contract or Agreement. Any inventions made related to this Agreement and associated work is subject to the provisions of 37 CFR Part 401, as applicable.
5.8 Clean Air Act and Federal Water Pollution Control Act.
Clean Air Act
The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
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The contractor agrees to report each violation to the (insert name of non-federal entity entering into the contract) and understands and agrees that the (insert name of the nonfederal entity entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.
Federal Water Pollution Control Act
The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.
The contractor agrees to report each violation to the (insert name of the non-federal entity entering into the contract) and understands and agrees that the (insert name of the non- federal entity entering into the contract) will, in turn, report each violation as required to assure notification to the (insert name of the pass-through entity, if applicable), Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.”
5.9 Debarment and Suspension. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals(defined at 2 C.F.R. § 180.995), or its affiliates(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The contractor must comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by the Town of Los Gatos.
If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Town of Los Gatos the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Town will insure the Contractor and any lower participants are not debarred by checking the government’s System Award Management (SAM).
The Bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or proposer further
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
Sequoia Consulting Group Page 12 of 17
agrees to include a provision requiring such compliance in its lower tier covered transactions.
5.10 Byrd Anti-Lobbying Amendment. Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency
5.11 Procurement of Recovered Materials. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPAdesignated items unless the product cannot be acquired:
(1) Competitively within a timeframe providing for compliance with the contract performance schedule;
(2) Meeting contract performance requirements; or
(3) At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act
5.12 Prohibition on Contracting for Covered Telecommunications Equipment or Services. (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. (b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
Sequoia Consulting Group Page 13 of 17
telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packetsthatsuch equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii.Are not used as critical technology of any system.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
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(ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date ofsuch identification or notification:
The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days ofsubmitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments,
5.13 Domestic Preferences for Procurements. As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum,steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
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Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
5.14 Access to Records. The Contractor agrees to provide the Town, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
In addition to the reports specified in this Agreement, Contractor shall retain the records required by the applicable provisions of 2 CFR § 200.333, no lessthan three (3) years after Town’s final payment to Consultant under this Agreement and provide the Town with the reports required pursuant to 2 CFR §§ 200.328 and 200.343, and such other records and reports as the Town may reasonably require in the administration of this Agreement.
Contractor shall keep all other necessary books and records, including property, personnel, loan documentation and financial records, in connection with the operation and services performed under this Agreement, in accordance with 2 CFR §200.333.
5.15 Changes in Scope of Work or Work Schedule.
(a) Any change in the scope of work to be done, method of performance, nature of materials or price thereof, work schedule changing the number of working days, or to any other matter materially affecting the performance or nature of the services will not be paid for or accepted unless such change, addition or deletion is approved in advance by the Town, in a written amendment or Contract Change Order. (b) The changes will be set forth in an amendment or written Contract Change Orders which specify the work to be done in connection with the changes, the basis of compensation for the work, and any adjustments to the work schedule or work completion date. Such Change Orders shall be approved by the Town. Upon receipt of an approved Contract Change Order, or of a written authorization from the Town setting forth a description of the change and agreed upon changes in contract price, the Contractor shall proceed with the work so ordered.
(c) In the absence of an approved amendment or Contract Change Order or written authorization, the Contractor shall not be entitled to payment for any changed or extra work or any adjustment to the work schedule or work completion date.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
Sequoia Consulting Group Page 16 of 17
(d) When the changes increase or decrease the cost of the work, an adjustment of the Contract price will be made as set forth in the Change Order. Contractor shall receive compensation at the fees and rates previously agreed upon in writing. (e) Contractor shall not be entitled to an adjustment in the compensation or work schedule for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a subcontractor or supplier shall be deemed to be within the control of contractor.
5.16 DHS Logo, Seal and Flags. The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval. The contractor shall include this provision in any subcontracts.
5.17 Compliance with Federal Law, Regulations, and Executive Orders and Acknowledgement of Federal Funding. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.
5.18 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract.
5.19 Program Fraud and False or Fraudulent Statements of Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.
5.20 Affirmative Socioeconomic Steps. If subcontracts are to be let, the prime contractor is required to take all necessary stepsidentified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.
5.21 License and Delivery of Works Subject to Copyright and Data Rights. The Contractor grants to the Town, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the Town or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the Town data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Town of Los Gatos.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope EnvelopeID: ID:F2CFEC63 71ABC041 C3C88704--4FF8 33B6 66FC---4B23 485B 4CBE--A2D6 9D22 -B806-36853FBAC10F 15DBA66398A5 -7F606F5E7542 Agreement of Consultant Services
Sequoia Consulting Group Page 17 of 17
8/19/2024
8/16/2024 8/15/2024
Recommended by:
8/15/2024
8/16/2024
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by: Consultant by:
Laurel Prevetti, Town Manager Debie Montana, Chief Executive Officer Nicolle Burnham
Director of Parks and Public Works
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest:
Wendy Wood, CMC, Town Clerk
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--66FC 33B6 4FF8---485B 4CBE 4B23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 proposal June 27, 2024
TOWN OF LOS GATOS DEPARTMENT OF PARKS AND PUBLIC WORKS
Professional Environmental
Monitoring Services for
Vegetation Management Risk
Reduction Project (Open Space)
EXHIBIT A
ITEM NO. 6.
Docusign Docusign Envelope Envelope ID: F2CFEC63 C3C88704--33B6 4FF8--485B 4B23--9D22 A2D6--15DBA66398A5 36853FBAC10F A crew chips felled trees while a biological monitor provides assistance from a safe distance away during the North Orinda Shaded Fuel Break project.
A contractor clears vegetation in a portion of Claremont Canyon Regional Park which has been identified both as high-risk for wildfire, and highly sensitive habitat for Alameda whipsnake.
Docusign Envelope ID: 71ABC041-66FC-4CBE-B806-7F606F5E7542 "The team at Sequoia was critical to effective hazardous fuel reduction for the North Orinda Shaded Fuel Break. By having their biologists evaluate sites before work began we could avoid potential environmental impacts and accelerate the project. Their staff’s expertise continued to guide field crews throughout the work, giving the whole project team confidence that we could adjust the project to meet the best management practices and comply with the myriad of environmental requirements, while reducing the potential of wildfire."
Cheryl Miller, Executive Coordinator
Diablo FireSafe Council
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Cover Letter
June 27, 2024
Town of Los Gatos
Department of Parks and Public Works
41 Miles Avenue
Los Gatos, CA 95030
RE: Proposal for the Town of Los Gatos Department of Parks and Public Works Professional Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space), Town Project 832-4508; Federal Project #4407-PJ0506 Members of the Selection Committee,
The Town of Los Gatos carries a profound responsibility in safeguarding its residents and preserving its cherished parks and open spaces, which face escalating threats from wildfires. The Town’s natural landscapes not only serve as vital recreational areas, but also harbor diverse ecosystems and protected natural resources. To proactively mitigate these risks, the Los Gatos Open Space Vegetation Management Plan (VMP) defines the approach and guidelines that the Town will use for fuel reduction work, in accordance with the California Vegetation Treatment Program (CalVTP) Project Specific Analysis (PSA) and Addendum to the Program Environmental Impact Report (PEIR). The PEIR identifies standard treatment activities and associated environmental protection measures in and around Wildland Urban Interface (WUI) areas in general, while the VMP specifically prioritizes fuel treatments throughout Town parks to enhance public safety. We understand that the Town has carefully weighed the benefits of removing fuels versus the effects of a potentially destructive wildfire, as well as the environmental impacts of initial clearing work and follow-up maintenance. With treatments planned across five open space areas, we understand that the Town seeks an environmental consultant who can provide support and expert planning to facilitate timely completion of the VMP implementation efforts, in compliance with the PEIR.
With more than a decade of experience supporting wildfire mitigation efforts, Sequoia Ecological Consulting, Inc. (Sequoia) has worked extensively with agencies throughout the Bay Area to expedite implementation of their fuel management programs. We have teamed with our frequent partner Montrose Environmental Group (Montrose) to provide cultural resources services as needed. Sequoia and Montrose having collaborated with similar roles on wildland fuel management efforts for clients including San Mateo County RCD, East Bay Municipal Utility District, Sonoma County Parks, the State of California Department of General Services, Contra Costa County Fire Protection District, and the Moraga-Orinda Fire District, among many other public agency clients.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 2 We are uniquely qualified to support the Town in meetings its VMP goals and long-term objectives because:
Sequoia has worked extensively under the CalVTP, leading planning and PSA development activities (5 approved PSAsin the last 3 years), as well as implementation of projects throughout the Bay Area.
Our staff are experts and permit-holders for the project’s focal species, including western bumble bee, foothill yellow-legged frog, California red-legged frog, and California tiger salamander. With a staff of more than 50 biologists, we provide a deep bench of environmental monitors who can meet any scheduling need or concurrent efforts. All of these staff have supported Sequoia’s fuels management projects, and have a deep level of understanding of the unique requirements and hazards associated with the full range of prescribed treatments. We have a number of staff who live within 5 miles of the project area.
As our references will attest, Sequoia helps our clients expedite fuel reduction projects while avoiding costly permitting requirements and project delays. The value we provide allows agencies to redirect their time and resources to other high-priority areas. Sequoia offers a menu of optional services that can be scaled and deployed as requested to meet the Town’s specific needs.
Sequoia has prioritized our fuel management work support above all other work on our client list because we understand the urgent need to mitigate our region’s vulnerabilities when it comes to wildfire. This region is our home, and we appreciate the opportunity to play a role in reducing the threat of wildfire here, while also enhancing the habitats of the diverse species that share these lands with us. Sequoia has never failed to fulfill a request, even urgent same-day requests, to support the fuel reduction programs we support. C
We have carefully reviewed the Town’s RFP and our team will meet all requirements, terms, and conditions described therein. Thank you for this opportunity to present our team's approach and qualifications. As Principal at Sequoia Ecological Consulting, Inc., I am authorized to sign and negotiate on behalf of our firm.
Please contact me directly at (925) 989-7011 or via e-mail at [email protected] should you have any questions or requests for clarification on this proposal.
Sincerely,
SEQUOIA ECOLOGICAL CONSULTING, INC.
Debie Montana Bill Montana
Chief Executive Officer and Principal Biologist Chief Financial Officer
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 3 Scope of Services
Project Understanding
The Town is proactively protecting open space, the public, and sensitive natural resources by developing management plans to mitigate wildfire risk. The planning effort centers around targeted fuel reduction in densely vegetated areas, with aims to enhance both firefighter access and public evacuation routes. Plans are guided by CAL FIRE measures and Town ordinances and encompass nearly 5,000 acres of open space and parkland. The overall purpose is to minimize both wildfire risk and negative environmental impacts.
The VMP defines the approach and guidelines that the Town will use for fuel reduction work. The VMP was designed to address critical open space areas and emergency/evacuation routes and support local and regional goals in reducing wildfire risk. The VMP was prepared in accordance with the CalVTP PSA and Addendum to the PEIR, which identifies standard treatment activities and associated environmental protection measures in and around Wildland Urban Interface (WUI) areas in general. The VMP specifically prioritizes fuel treatments in these parks to enhance public safety; the Town has weighed carefully the benefits of removing fuel versus both the effects of a potentially destructive wildfire and environmental impacts of initial clearing work and follow-up maintenance.
Treatments are planned across approximately 200 acres, distributed among five open space areas, including Heintz, Santa Rosa Open Space, Novitiate, Worcester and La Rinconada Park(s). Three of the parks included in the VMP are within the WUI and are also within the Very High Fire Hazard Area, between forested mountain regions to the southwest of the Town and higher-density population areas to the north, closer to the San Francisco Bay. Approximately 3,000 homes are within the WUI, a highly vegetated region with limited access for firefighters or public evacuation in general.
We understand that the Town seeks an environmental consultant who can provide support and expert planning to facilitate the VMP implementation efforts.
Sequoia’s first action item in wildland fuel reduction planning and implementation happens long before contract execution. During the proposal process, our team focuses on novel approaches and mining potential cost efficiencies and identifying potential project-specific and schedule roadblocks that can be addressed proactively. While we are a small firm, Sequoia has completed and implemented the second highest number of approved PSAs in California. Our team will apply our deep understanding of the CalVTP process, coupled with a thorough comprehension of species phenology, patterns and distributions, to develop the most cost-efficient option while also maximizing natural resource protection. We recognize that clients are often operating under tight grant budgetary limits. We do our due diligence in environmental review, contractor oversight and compliance, and species avoidance. We understand that while effective senior oversight is an essential part of project management and quality control, the balance of the budget should be where the boots hit the ground to accomplish as much fuel reduction as possible.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 4 Overall Approach to Managing the Scope of Work
Sequoia regularly assists with the planning and implementation of multi-site fuel reduction projects with simultaneous treatment activities and complex scheduling demands. Through this experience, we have developed this approach to projects of this nature: we will focus on the ability to foresee issues, and the adaptability to respond to project changes as they arise. We will ensure that communications with the Town, its contractors, and stakeholders to be ongoing and frequent, and our continuous environmental training program will be thorough to ensure crews are mindful of and vigilant in protecting sensitive environmental resources while performing their work. We will develop and identify roles and responsibilities and conduct a thorough safety planning effort to mitigate risk during implementation.
We have found that when it comes to facilitating work on a robust vegetation management program like the Town’s, schedules are often dependent on the availability of contractors, red-flag warnings, wildfires, permit measures, wildlife ecology, and public relations concerns. With all these variable conditions, lastminute scheduling changes and biological monitoring requests are inevitable. Sequoia staff understand the challenges that this program faces, and we will address the Town’s needs quickly and with the highest level of professionalism.
Potential Challenges and Solutions
From experience in implementing fuel treatment projects under the CalVTP, Sequoia understands that there are several potential challenges with timing and schedule. Fortunately, we have honed our adaptive approach in this regard and developed solutions that save budget and enhance efficiency. Sequoia can work with the Town and implementation contractor to:
• Assign staff that thoroughly understand the nature of on-call work and pivoting based on dynamic conditions and variables;
• Ensure built-in staff redundancy in our management team to ensure that team leaders, such as Sequoia’s project manager, have seamless back-up support during vacations and sick time. With fuel treatment implementation projects, we understand that last-minute changes due to environmental conditions or the dynamic nature of the work make communication a critical component of project management. By communicating with the Town about secondary and tertiary contacts and establishing roles in terms of the hierarchy of notifications, Sequoia intends to address any last-minute concerns, changes or questions as quickly and thoroughly as possible; • Schedule work outside of the nesting bird season or botanical survey season to save on treatment monitor cost;
• Find schedule efficiencies around crew availability with regard to Red Flag workdays/shutdowns and/or availability during the height of fire season (e.g., finding project areas or treatment methodologies that can be performed despite restrictions on spark-generating equipment) • Conduct crew refresher training at no additional cost during the pre-treatment or spot-check survey activities;
• Assisting the Town with grant-required quarterly reporting as necessary.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 5 Task 1 – Meetings and Project Documentation
After the contract is awarded, Sequoia will organize an initial, project kickoff in-field team meeting to start the project and ensure that the project’s goals are fully understood, and will be met within the required timeframes. The meeting will serve as an opportunity to discuss and define project parameters, schedule, team member roles, and communication protocols. Periodically throughout the project, Sequoia will attend meetings with the Town and project stakeholders to ensure that project needs are met in a timely manner.
Sequoia will conduct a contractor meeting at the project onset as well. Later, during the course of the implementation phase, Sequoia will also conduct regular progress check-in meetings over time (described in more detail below).
At the kickoff meeting, Sequoia will provide a project schedule (similar to the example below) to the Town.
It is important to provide this at the onset of the project to facilitate prioritization, tracking, and documentation of deliverables and major milestones. Then, during the meeting, the Town will be able to weigh-in on the schedule itself, in real-time, and provide feedback as to major decision-points or checkpoints.
Kickoff Meeting. At project commencement, Sequoia will meet with Town staff to review the Scope of Services and Proposed Work Plan. This initial meeting is intended to confirm the parameters of the scope, project scheduling, and overall communication protocols. By listening and ensuring a shared understanding,
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 6 we will endeavor to anticipate and prioritize the Town’s needs as we serve as your eyes and ears on the ground during work. Upon completion of the kickoff meeting, Sequoia will prepare Meeting Minutes that summarize items discussed, and detail action items. In our experience, having the kickoff meeting in person is an excellent means to spark side-conversations, dig deeper into details, and explore alternative perspectives. Visiting one of the project sites just following the kickoff meeting could add even more benefit – reviewing roles and responsibilities and work expectations, with the project landscape as a contextual backdrop, could inspire the team at the onset. We strongly encourage the Town to consider an in-person approach to collaborating at the first kickoff meeting.
Contractor Meeting. Once the Town selects an implementation contractor to perform fuel treatments, Sequoia will meet with the Town and the contractor to learn the approach and sequencing intended for the creation of the defensible space around the subject parks and facilities. When starting a project at a new work location, we will immediately establish lines of communication between the project manager and all involved parties, including the contractor foreman, fire crews, and Town staff. As above, an in-person approach to meeting with crews, with the surrounding landscape as context, is an important way to assess scope, review tasks-at-hand, and it is also a critical element in addressing logistics or safety questions prior to work-start.
Project Meetings. Sequoia project manager and staff biologist(s) will attend up to six follow-up virtual progress meetings with the Town and implementation contractor during execution of the work. Follow-up meetings are critical to continued calibration and managing expectations/deliverables throughout the course of the project. Follow-up meetings are an opportunity for the Town and Sequoia to discuss budget projections, to plan logistics, and to re-visit compliance issues as necessary. By establishing a set schedule of check-in meetings, Sequoia creates a consistent framework to manage the project. At the onset of the project, the Sequoia project manager will develop a framework schedule of when meetings will occur and will set relevant agenda items for all to review and weigh-in on prior to actual meeting dates. The Sequoia project manager will attend all progress meetings. The Sequoia program manager will attend the kickoff meeting, and a portion of the follow-up meetings depending on project stage and whether their technical support or input is needed. It is Sequoia’s intent to limit the amount of overhead management time on this project in order to keep budget with the field biologists and treatment efforts.
Monthly Work and Project Summary. Each month, Sequoia will provide a one-page summary for each of the 18 expected working months. Summaries will document environmental work completed in the preceding month and the scope of work planned for the next month. Sequoia will work with the Town to determine the best format and delivery of this summary over the course of the project.
Task 1 Deliverables
• Kickoff meeting agenda and detailed memorandum, identifying information needs and a framework for the meeting
• Meeting minutes
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 7 • Monthly work summaries
Task 1 Assumptions
• Kickoff meeting and fuel treatment team meetings will be in-person, on-site, and will include site walks.
• All follow-up project progress meetings will be virtual/via phone.
Task 2 – Data Collection and Review
Sequoia will thoroughly review all project environmental documents and previously performed survey findings.
Based on this review, Sequoia’s team will develop an outline summary of work. Sequoia will develop a compliance matrix and reference guide for implementation crews based on the compliance documents. The reference guide will be an efficient way for both field biologists and crews to refer to relevant measures, methods and protocols, as well as timing of the requirements, and clear guidance and timing for the crews.
Sequoia has already developed such tables for other clients on fuel reduction projects – because these clear templates already exist in our database, adapting them for this project will be efficient and save on cost.
Additionally, Sequoia will share all project related resources, buffers and layers with the crew via a mapping tool such as Avenza or Google Earth. By sharing these mapping resources, the implementation contractor will have the same level of detail for real-time resources in the field as the Sequoia staff biologists. Sequoia will develop detailed field instructions for their biologists in general. Field instructions will focus on safety, access-related issues, coordinating correct and up-to-date mapping resources, and other site-specific details. By conducting this analysis and creating this documentation up-front, before implementation begins, Sequoia will set up both field biologists and implementation crews for success. It will also establish a standard of collaboration and communication between the team.
Review Environmental Documents. Sequoia will review and assess all environmental documents pertaining to the proposed open space vegetation management; including the Avoidance and Minimization Measures outlined in the PSA.
Matrix/Table of Minimization and Mitigation Requirements. Sequoia will provide a matrix/table of all minimization and mitigation requirements for the project, split by where they occur in the project time (before, during, after) so that it is very clear to both the Town and contractor when measures are implemented and who the responsible parties are. Sequoia has generated this table before for other clients – re-using the template will save on effort and cost for this project.
Task 2 Deliverables
• Matrix/table of measures, work and studies required for environmental compliance.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 8 • Quick reference guides or guidance documents for biologists and crews. Sequoia will use existing templates for guidance documents which will save time and management cost.
Task 2 Assumptions
• The Town will provide all relevant existing project documents, including GIS shapefile layers, for Sequoia’s use and development-of-reference-guide purposes.
Task 3 - Pretreatment Surveys
Sequoia will rely on the existing documentation and mapping performed by others, to perform pretreatment surveys of the work areas. Pretreatment surveys are a critical step in the CalVTP process.
They are used to determine whether species-specific mitigation measures are required, and they are performed to document conditions before treatment so that a post-treatment analysis can be conducted.
Post-treatment surveys are meant to adequately determine whether any habitat type-conversion has occurred because of the work performed. Since it has been determined that there is suitable habitat for special status species present, and project areas have potential to be affected by a treatment activity, pretreatment surveys will be performed, and if those species are detected and documented, further species-specific mitigation measures will be applied.
Sequoia recognizes that working in remote wild areas requires attention to detail regarding both our own team and members of the larger project team. Prior to beginning any survey efforts, Sequoia field biologists will perform a safety analysis of the work in general. This will guide daily safety discussions, and safety plan elements will be constantly updated as the project progresses (i.e., as new areas are added to the survey, new assessments are made about relevant hazards).
Sequoia biologists will conduct focused pretreatment surveys no more than 14 days prior to the beginning of treatment activities as mitigation measures determine that suitable habitat for special status species is present and has potential to be directly or indirectly affected by a treatment activity. The survey area will be determined by a qualified biologist based on the species and habitats and any recommended buffer distances in agency protocols.
Nesting Bird Surveys. Sequoia’s biologists will conduct surveys for nesting avian species in compliance with the CalVTP PEIR if implementation of the project is to occur during the nesting season for birds (February 1 – August 31). A Sequoia biologist will conduct nesting bird surveys no earlier than 7 days prior to the commencement of work activities during the nesting season. The biologist will survey all areas on foot that may provide suitable nesting habitat within 300 feet of the project site for passerines and within 500 feet for nesting raptors, as access allows. The survey will be conducted during the morning hours for peak avian activity and will not take place during periods of excessive or abnormal cold, heat, wind, rain, or other inclement weather that may reduce the likelihood of detection. If nesting birds are discovered during the initial survey, we will establish a suitable “no work” buffer around all active nests. Buffers will remain in place for the duration of the breeding season or until it has been confirmed by a qualified biologist that all
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 9 chicks have fledged and are independent of their parents. Results from the nesting bird surveys will be provided as a map layer to implementation contractors to enable them to plan work around buffers in realtime, in the field, using a phone or tablet.
Perform Native American consultation for the project as required. Per our understanding of Standard Project Requirement CUL-2 of the PSA, geographically affiliated Native American tribes on the Native American Heritage Commission (NAHC) list have already been contacted and notified. From our vantage, SPR CUL-8 (Cultural Resource Training) will need to be conducted prior and during initial treatments – we assume the Town has this scope covered by others as well.
However, if these elements were not already previously completed, Sequoia has preemptively enlisted the support of our long-trusted partner Montrose. In addition to working with Sequoia on numerous wildfire mitigation efforts, Montrose has experience in watershed, stream, and open space projects, and many years of experience with vegetation and watershed management to reduce fire risks. On this project, Montrose will serve as the lead on contacting, coordination with, and performing all required Native American consultation during the implementation phase. Montrose' proposed staff are also experts in CEQA/NEPA, environmental laws including the Clean Water Act (CWA) and the Endangered Species Act (ESA), as well as other regulatory requirements and permitting, particularly for complex efforts that include a variety of fuel reduction treatment methods. While AB 52 compliance has been satisfied for projects found to be within the scope of the CalVTP Program EIR with a PSA or project approval with a PSA/Addendum, in accordance with SPR CUL-2, Montrose’s cultural resources specialist will obtain the most current Native American Heritage Commission (NAHC) Native Americans Contact list and contact the geographically affiliated Native American tribes. Montrose will prepare the notification letter and request information regarding potential impacts to cultural resources from the proposed project.
Native American consultation will generally consist of the following process, pending which tasks have already been completed or still need to be addressed before implementation begins:
• Reach out to tribes in the Los Gatos project area (if this has not already been performed) • Inform them of the Town’s planned work;
• Respond to questions from Native American tribes;
• Provide guidance and consultant on potential site visitor work observation days; • Potentially join tribe(s) for a site visit too, if requested by Town; and • Document this outreach for the general administrative record/project file.
Cultural resources work will be overseen by Janis Offermann, who meets the U.S. Secretary of Interior’s professional standards in archaeology. Montrose will work with the Town as needed, to meet all standards for Native American consultation relative to the project study area based on the expected area of disturbance that will be identified as an area of potential effects (APE) for the purposes of compliance with Section 106 of the National Historic Preservation Act (NHPA).
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 10 If needed and as required, Montrose will assist the Town to satisfy the requirements of Native American consultation pursuant to AB 52, chaptered as Public Resources Code Section 21080.3.1(b), which is the responsibility of the CEQA lead agency, as needed. Montrose will contact the NAHC on behalf of the Town to determine whether Native American sacred sites are known to be located in or near the project, and for a list of tribes that have a traditional and cultural affiliation with the project area and who may have information about significant Native American resources. Once the list is received from the NAHC, Montrose will draft a letter for review and signature by the Town, and send letters to the identified tribes to notify them about the project and the opportunity to consult under AB 52, along with a request of concerns or knowledge about significant Native American resources within the APE. We will mail the letter to the tribes via certified U.S. mail with a return receipt. Follow-up emails will be to letter recipients about 2 weeks after the initial contact to verify that the letter has been received. The federal lead agency, if applicable, will retain responsibility for Native American consultation pursuant to 36 Code of Federal Regulations (CFR) 800.2(c)(2)(ii).
Bumble bee Surveys. Four bumble bee species are candidates for listing under the California Endangered Species Act (CESA), and therefore require protocol surveys. Sequoia’s team includes two of the first biologists to have their Memorandum of Understanding (MOU) from California Department of Fish and Wildlife (CDFW) to conduct these protocol surveys. Bumble bee habitat suitability assessments (HSAs) can be performed concurrently with the pretreatment surveys, and must be performed during the Colony Active Period, which is approximately between April and September.
Pretreatment Surveys. Sequoia will conduct pretreatment surveys of each work location and will identify any relevant mitigation requirements.
Pretreatment Findings and Reports. Sequoia will develop pretreatment report based on survey results.
Results will be incorporated into the real time mapping so that crews can see buffers. Sequoia biologists will be flagging specific buffers or resources for avoidance as they are found.
Task 3 Deliverables
Written summary of field survey observations (Daily Monitoring Report) List of mitigation requirements and recommendationsfor each work location Pretreatment survey report detailing the survey efforts and results. The report will include an introduction to the project, survey methods, results, and a discussion of the project. Report detailing avian species observed, areas surveyed, details on active nests found, and buffer zones implemented, as applicable
Nesting Bird Survey results will be valid for seven (7) days.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 11 Task 3 Assumptions
A full desktop review and mapping resources that was conducted and/or generated by the authors of the PSA will be made available to Sequoia for purposes of orienting the pretreatment, or any, biological resources surveys.
While protocol level rare plant surveys are required ahead of treatments by the CalVTP, the RFP did not list this as a task, however Sequoia can provide this service for additional costs not included in this proposal effort.
Any necessary landowner notifications will be provided by Town prior to fieldwork. Sequoia can assist the Town with right-of-entry (ROE) permits and notifications ahead of all field efforts, if requested. Safe access will be provided to Sequoia at the time of the survey. Notice to proceed will constitute permission for Sequoia to be present on the property to conduct the field survey at a time agreed upon by Town and Sequoia. Digital maps will be made available to crews; costs of app to utilize maps on their phones is not included in this scope.
Town will provide Sequoia with geodata of Project and survey areas as GIS Shapefile or Google Earth .kmz file, including the following layers:
o Park boundaries with roads and trails
o Park Habitat types
Task 4 –Environmental Awareness Training
Before work begins, an experienced Sequoia biologist will provide environmental training to all crew members. Environmental awareness training is a critical step in establishing communication between the Town, its fuel reduction crews, and resource specialists. Trainings led by Sequoia staff are open-ended and interactive, and foster a positive relationship among the project team members. Training will include an overview of the ecology and identification of each sensitive species with potential to occur, nesting bird buffer protocols, and all Avoidance Minimization and Mitigation (AMMs) and Best Management Practices (BMPs). If needed, training may also include a demonstration of rare plants, sudden oak death, and noxious weed decontamination protocols.
Brief, informal refresher trainings may also be also presented periodically, as needed to remind crews of the various measures in place.
Sequoia will design and distribute
program-specific hardhat stickers
training on the Town’s vegetation
management projects. This is a
recent example of one of our crew
environmental training stickers.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 12 Sequoia will perform additional refresher training at no additional cost during treatment activities, in conjunction with surveys or other on-site responsibilities.
Note that to be cost efficient, Sequoia will budget one (1) standalone environmental training at the beginning of the implementation phase for all contractor crews. Any follow-up training, as either refresher or to train new crew members as they are assigned to the project, will be performed concurrently with pretreatment surveys and/or treatment monitoring. The versatility of our biologists in this regard (e.g., performing the training and then proceeding with monitoring work) is a testament to their multifunctionality and this will benefit the project as a cost savings measure.
Our biologists regularly receive accolades and are acknowledged for their exemplary communication with crews and clients throughout treatment activities.
If requested, Sequoia can provide bilingual staff to perform environmental training in both English and Spanish, as well as bilingual brochures.
Task 4 Deliverables
Draft training pamphlets for Town review (in both English and Spanish, if requested) Final materials for the training session, edited to reflect Town comments Hardhat stickers designed and printed for crew use
Sign in sheet for training session
Task 4 Assumptions
Delivery of the on-site environmental trainings will be included in the costs for pretreatment surveys or biological monitoring, and the training will be provided to any new crew members, as requested. Costs include preparation of environmental training materials, including one round of comments and edits from the Town.
Costsinclude 50 printed environmental awareness training pamphlets. Refresher trainings for new crew members can be provided to crews while biologists are onsite for pretreatment surveys at no additional cost.
Cost forstand-alone environmental trainings is provided for project initiation.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 13 Task 5 –Fuel Reduction Compliance Monitoring
Fuel Reduction Compliance Monitoring. Sequoia’s highly
qualified and agency-approved biologists and/or botanists will provide on-site observation and monitoring to the level required to comply with the project environmental documents as they pertain to biological resources. Sequoia biologists will monitor fuel reduction work in the field. Depending on park unit and habitat type, monitoring may either be half- or full days. Sequoia has already reviewed the project documents and we understand which areasspecifically provide suitable habitat for special status species (e.g., Foothill yellow legged frog) and will therefore require full-time monitoring, versus those work areas that only need spot checks or partial days to survey and protect resources.
Sequoia’s project manager will communicate with the Town and implementation crews on a regular basis to assess project schedule demands and progress over time. They will brief biologists’ on the extent of work, access, safety considerations and monitoring scope on a regular basis to ensure consistency of understanding. Staff biologists will continually check-in with Town and contractors, and will submit daily reporting logs and safety analyses during the course of work. Sequoia will open multiple layers of communication (Slack, email, text) in order to fully cover logistics demands – in our experience, providing several means of communication allows for flexibility among the team, as personal preferences may shift over time. The most important element of monitoring is to establish clear roles and responsibilities both at the onset but also over time (in the form of re-calibration points among the team). By continually checking and rechecking compliance documents, and refreshing the team on the hierarchy of communication, Sequoia will create an efficient and supportive project structure, with very little room for misaligned expectations or lapses in judgment.
Task 5 Deliverables
Daily reports of field activities including photographs as appropriate, and observations of regulated species, if applicable
Task 5 Assumptions
Fencing and signage will be provided and installed by the contractor or the Town. The biologist can assist the onsite team with demarcation of areas where fencing will be required if necessary.
Sequoia staff know that open communication
and mutual respect are essential to address
potential compliance concerns and sensitive
species impacts during monitoring or
treatment activities. Through cooperation
and communication with crews, Sequoia staff
encourage crews to remain vigilant to
maintain compliance.
When issues arise on site that require prompt
communication, such as scheduling changes
or compliance issues, these are reported to
the appropriate team members immediately.
Sequoia’s team has a thorough
understanding of the Project, and we will
constantly work to improve our planning,
surveying, reporting, and general project
support to better meet the Town’s needs.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 14 Task 6 – Project Environmental Reporting
Project Environmental Reporting. Sequoia’s experienced biologists excel at documenting project activities.
We understand that a post-project implementation report (referred to by CAL FIRE as a Completion report) is required by the PSA under SPR AD-7. The report includes information about the size of treated area (acres), treatment types and activities, dates of work, a list of SPRs and mitigation measures implemented, and relevant explanations about the measures themselves. Sequoia will develop the report at project conclusion with a statement on compliance with the environmental requirements of the project. The report will include any/all results from post-treatment surveys, as well as all GIS data. The report will be delivered in a timely manner, and in the case of compliance concerns, our staff will follow strict communications protocols with Town staff for immediate incident reporting. Sequoia will make use of several layers of senior technical review during the drafting process.
Task 6 Deliverables
Project summary report
Task 6 Assumptions
The project summary report will include one round of edits by the Town.
Optional Services
Sequoia can provide the following optional/additionalservices to the Town at their request, on a time and materials basis. Our team is highly qualified to offer these services as means to supplement and enhance the successful completion of the project.
Contractor Cultural Resources Training. As required by the PEIR, and if not already completed/planned for by others by the Town in general, the Sequoia team (via our partner Montrose) can develop and provide cultural resource training with a focus on potential cultural resources on-site, avoidance measures, best management practices, and pertinent regulatory guidance for treatments.
Assistance with Request for Bids and Contractor Oversight. Sequoia can assist the Town with developing Request(s) for Bid, contracting strategies and efficiencies, reviewing contract specifications and work descriptions/orders, and providing implementation or inspection support on a high-level, as needed.
Sequoia performed this service as part of the La Honda Shaded Fuel Project with San Mateo County Resource Conservation District. Sequoia is unique among consulting firms in that its Climate Resiliency & Restoration Program Manager (Will Johnson) has a background in the implementation side of fuel reduction and restoration and has managed projects from both contractor and consultant perspectives.
Will oversaw coordination and logistics for contractor crews and heavy equipment operations for more than a decade prior to joining Sequoia. His extensive industry knowledge has proven to be a powerful tool
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 15 in soliciting cost-efficient bids, writing specifications, and reviewing potential implementation crews’ qualifications.
Invasive Plant Mapping. Sequoia can perform invasive plant mapping as populations are found and provide data to the Town using Cal-IPC guidelines/protocols. By mapping invasive plant populations, Sequoia will supplement Town data to help inform land management decision-making during PSA treatments, or when performing standard Park maintenance and stewardship operations over-time. Invasive plant mapping can be performed at minimal cost during the pretreatment survey effort.
Mapping and Documenting Other Pests. Preventing the spread of plant pathogens (e.g., pitch canker, goldspotted oak borer, etc.) is an important part of the SPR’s for the PSA (SPR BIO-6). Aside from sanitizing equipment and providing thorough training, it is critical to better understand where pathogens occur or are likely to occur. Sequoia has botanists specifically trained in identifying plant pathogens and are certified arborists. Sequoia will document or map other pests (e.g., bore beetle) as they occur throughout survey areas. Pests can be critical indicator species for larger-scale ecosystem health and trends. By mapping other types of pests, Sequoia can support future treatment planning efforts, and Town’s VMP, and ongoing park and land management responsibilities.
GIS Services. Sequoia’s GIS experts can create an internal GIS database and Esri ArcGIS Online website to track fuels treatments in real time for the Town. The GIS service can be utilized across a wide array of platforms and can track all wildfire resiliency work. Coupled with a thoughtful approach to community outreach above, this is an effective tool to connect the public with the work and communicate updates and progress over time. Additional GIS database management, data collection, and cartography services can be provided upon request. As described further in our description of the Tunnel Fuel Break project on page 26, Sequoia provides these service to Moraga-Orinda Fire District. The web tool Sequoia created can be found at this link.
Drone Surveys. Sequoia can offer drone services to assess project progress, document site conditions, and develop aerial imagery for publications and presentations. Sequoia staff are Federal Aviation Administration (FAA) Part 107 Remote Pilot-licensed. Drone assessments will provide digital orthophoto, digital surface model (DSM), digital elevation model (DEM), and point cloud data products. Drone use will be carefully planned in accordance with airspace restrictions, sensitivity to surrounding landowners and agencies’ regulations (e.g., East Bay Regional Park District), and Sequoia will hold drone insurance through Verifly. Drone footage can be a powerful tool in assessing treatment effectiveness, but also enhancing transparency with the local community about the Town’s efforts in fire risk mitigation (see below Public Outreach optional task for more context).
Habitat Monitoring. The Town’s responsibilities for managing treated work areas do not end at project conclusion. The changed landscape will need to be continually managed to maintain progress made on fuel reduction objectives. Sequoia's biologists can perform longer-term post-treatment monitoring to record species numbers, assess changes in habitat, and will develop subsequent data analysis if necessary.
Biologists will monitor reproductive seasons of wildlife throughout the project timeline. Various levels of
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 16 Shown at Left:
Sequoia has
worked
extensively
throughout Santa
Clara County and
the greater
region. With
offices in San Jose
and numerous
staff within just
miles of the
project area,
Sequoia brings
unmatched local
expertise.
technical memoranda and presentations can be developed with data to supplement public outreach efforts.
Public Outreach Support and Public Presentations. Sequoia understands that public perception and buy-in are essential parts of the wildfire risk management process. On past projects, Sequoia has assisted with the preparation and implementation of public outreach support, including stakeholder meetings, presentations, and/or site field trips. Given that work under the VMP will occur on public parks and open spaces with regular pedestrian use and recreational activities, Sequoia could work together with the Town to develop consistent messaging when members of the public inevitably ask about the changing landscape.
Sequoia can assist preparation and implementation of public outreach support, including stakeholder meetings, public meetings, presentations, and/or site field trips. Meetings could present the project information to interested parties and gather feedback and concerns that can be addressed. Other public meetings could include a walk-down with the agencies to ensure they agree with the approach and compliance with the CalVTP. A slideshow could be developed to present the project and the various aspects of CEQA compliance. Sequoia can design and provide project signage (to post for public information purposes) to increase awareness of treatment activities in general.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8---485B 4CBE 4B23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 2024-2028
HOURLYRATE SCHEDULE
Environmental Services 2024 2025 2026 2027 2028 Env. Project Mgm’t. 2024 2025 2026 2027 2028 Field Technician 1 $90 $95 $99 $104 $109 Assistant Project Manager 1 $165 $173 $182 $191 $201 Field Technician 2 $105 $110 $116 $122 $128 Assistant Project Manager 2 $170 $179 $187 $197 $207 Field Technician 3 $115 $121 $127 $133 $140 Assistant Project Manager 3 $175 $184 $193 $203 $213 Staff Biologist 1 $120 $126 $132 $139 $146 Project Manager 1 $180 $189 $198 $208 $219 Staff Biologist 2 $125 $131 $138 $145 $152 Project Manager 2 $185 $194 $204 $214 $225 Staff Biologist 3 $130 $137 $143 $150 $158 Project Manager 3 $190 $200 $209 $220 $231 Associate Biologist 1 $135 $142 $149 $156 $164 Project Manager 4 $200 $210 $221 $232 $243 Associate Biologist 2 $140 $147 $154 $162 $170 Project Manager 5 $210 $221 $232 $243 $255 Associate Biologist 3 $145 $152 $160 $168 $176 Project Manager 6 $220 $231 $243 $255 $267 Project Biologist 1 $150 $158 $165 $174 $182 Senior Project Manager 1 $230 $242 $254 $266 $280 Project Biologist 2 $155 $163 $171 $179 $188 Senior Project Manager 2 $240 $252 $265 $278 $292 Project Biologist 3 $160 $168 $176 $185 $194 Senior Project Manager 3 $250 $263 $276 $289 $304 Resource Specialist 1 $165 $173 $182 $191 $201 Program Manager 1 $260 $273 $287 $301 $316 Resource Specialist 2 $170 $179 $187 $197 $207 Program Manager 2 $270 $284 $298 $313 $328 Resource Specialist 3 $175 $184 $193 $203 $213 Program Manager 3 $280 $294 $309 $324 $340 Senior(Sr.) Biologist 1 $180 $189 $198 $208 $219 Principal 1 $290 $305 $320 $336 $352 Sr. Biologist 2 $185 $194 $204 $214 $225 Principal 2 $300 $315 $331 $347 $365 Sr. Biologist 3 $190 $200 $209 $220 $231 Principal 3 $310 $326 $342 $359 $377 Sr. Scientist 1 $200 $210 $221 $232 $243 Senior Principal 1 $320 $336 $353 $370 $389 Sr. Scientist 2 $210 $221 $232 $243 $255 Senior Principal 2 $330 $347 $364 $382 $401 Sr. Scientist 3 $220 $231 $243 $255 $267 Senior Principal 3 $340 $357 $375 $394 $413 Sr. Technical Specialist 1 $230 $242 $254 $266 $280 Geographic Information Services (GIS) Sr. Technical Specialist 2 $240 $252 $265 $278 $292 GIS Technician 1 $135 $142 $149 $156 $164 Sr. Technical Specialist 3 $250 $263 $276 $289 $304 GIS Technician 2 $145 $152 $160 $168 $176 Sr. Regulatory Specialist 1 $260 $273 $287 $301 $316 GIS Technician 3 $155 $163 $171 $179 $188 Sr. Regulatory Specialist 2 $270 $284 $298 $313 $328 GIS Analyst 1 $165 $173 $182 $191 $201 Sr. Regulatory Specialist 3 $280 $294 $309 $324 $340 GIS Analyst 2 $175 $184 $193 $203 $213 Botanist/Arborist Services GIS Analyst 3 $185 $194 $204 $214 $225 Botanist/Arborist 1 $135 $135 $142 $149 $156 GIS Project Manager 1 $200 $210 $221 $232 $243 Botanist/Arborist 2 $150 $150 $158 $165 $174 GIS Project Manager 2 $210 $221 $232 $243 $255 Botanist/Arborist 3 $165 $165 $173 $182 $191 GIS Project Manager 3 $220 $231 $243 $255 $267 Sr. Botanist/Arborist 1 $185 $185 $194 $204 $214 GIS Specialist 1 $230 $242 $254 $266 $280 Sr. Botanist/Arborist 2 $200 $200 $210 $221 $232 GIS Specialist 2 $240 $252 $265 $278 $292 Sr. Botanist/Arborist 3 $215 $215 $226 $237 $249 GIS Specialist 3 $250 $263 $276 $289 $304 Administrative Support Services GIS Program Manager 1 $260 $273 $287 $301 $316 Clerical $110 $116 $121 $127 $134 GIS Program Manager 2 $270 $284 $298 $313 $328 Project Administrator $135 $142 $149 $156 $164 GIS Program Manager 3 $280 $294 $309 $324 $340 Technical EditorI $150 $158 $165 $174 $182
Technical EditorII $160 $168 $176 $185 $194
Technical EditorIII $170 $179 $187 $197 $207
Senior Technical Editor $195 $205 $215 $226 $237
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Other Direct Costs
Sequoia Ecological Consulting, Inc.
Hourly Rate Schedule
Page
2 of 2
Regular Vehicle (GSA Rate) $0.67/mile
Submeter GPS $100/day
UTV and Trailer $95/day
Fleet Vehicle $95/day
iPad $10/day
Wildlife Remote Camera $20/ day
Acoustic Bat Monitor $35/day
Kayak Kit $75/day
Survey Flashlight (Streamlight) $12.50/day
Aquatic Survey Sampling Kit $25/person/day
Drone/sUAS $250/day
Wetsuit $70/week
Drysuit $195/week
YSI ProDSS Water Quality
Meter $125/day
Expense Reimbursement/Other:
1. Computer, facsimile, and telephone are included in the billing rates, and there is no additional charge.
2. Reproduction, equipment, and other direct expenses are reimbursed at cost plus a 15% administrative handling charge (excluding mileage).
3. Subconsultants will be billed at their indicated rate plus a 15% administrative handling charge; or the Sequoia labor category commensurate with their role.
4. Depending upon location, Per Diem may be charged where overnight stays are required.
5. Weekly or monthly equipment rates at a reduced amount may be available on a contract-specific basis.
6. Expert Witness Testimony, including Depositions, is billed at the time and half.
7. Non-standard invoice processing will be billed at standard hourly rates forsupport personnel.
8. Sequoia will review our hourly rates annually and may choose to escalate our rate sheet depending on changes to the cost- of living- index and other factors.
9. Hours beyond 8 hours per day are charged at an overtime rate of 1.5 times ourstandard hourly ratesfor qualifying personnel.
To comply with California Labor Code 512 and California Code of Regulations 11040, if on-site conditions prohibit personnel from taking required breaks, one additional hour of time will be billed per day for qualifying staff covered under the regulations.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Montrose Environmental Solutions
2024 Billing Rates
Staff Labor Rates
Classification Hourly Rate
Principal $262
Director II $240
Director I $230
Senior Associate II $218
Senior Associate I $208
Associate II $200
Associate I $191
Analyst II $180
Analyst I $170
Surveyor $148
Technician II $136
Technician I $120
GIS Analyst/CAD Technician $153
Technical Editor $131
Publication Specialist $114
Administrative Assistant $114
Direct Expenses
(10% markup; includes subconsultants)
Item Rate
Mileage Current 2024 IRS Rate
($0.655/mile)
Printing (in‐house)
‐ Black/white prints $0.15 per page
‐ Color prints $1.00 per page
‐ CDs(including label and envelope) $1.50 each
Equipment rental
‐ GIS mapping $30/hour
‐ GPS unit or Auger $100.00/day
Outside vendors; including
‐ Equipment rentals At cost plus markup
‐ Document production and supplies
Note: Rates are subject to 3% escalation each year.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 20 MK will add a full-width photo with caption here.
Relevant Experience
About Sequoia
Founded in 2011, Sequoia is a Bay Area-based, Woman-owned Small business with local offices in San Jose.
We provide environmental consulting services to public agencies and private entities throughout northern California. With a full-time local staff of more than 50 biologists and a history of successfully managing environmental compliance efforts for local agencies' fuel management efforts, Sequoia is positioned to quickly mobilize planners, biologists and species experts, botanists, arborists, foresters, and qualified scientists whose expertise facilitate successful and expedited planning and implementation of critical wildfire mitigation and restoration projects.
Sequoia has been supporting vegetation management efforts since our inception, and as our firm has grown, we built on that foundation as we have worked with city and county agencies, fire districts, landowners, and regulatory agencies to provide consultation, planning and permitting, site assessments, compliance monitoring services, and surveys and habitat assessments for sensitive species. We understand the unique challenges associated with these efforts and our staff are able to tackle critical project objectives alongside responsible agency staff, firefighters, and contractors. Working on these types of projects has instilled in us a profound sense of teamwork and purpose, and enabled us to serve as a flexible, seamless extension of our clients’ staff.
preparation for shaded fuel break treatments.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 21 Reference Contact San Mateo Resource Conservation District Timothy Federal, Program Manager, Forest Health and Fire Resilience Phone: 650.712.7765 x124
Email: [email protected]
Project Experience
La Honda Shaded Fuel Break and On-Call Environmental
Support | SAN MATEO COUNTY | SAN MATEO RESOURCE
CONSERVATION DISTRICT
The Sequoia team (Sequoia and Montrose) has been supporting the San Mateo Resource Conservation District (RCD) with planning and implementation of the La Honda Shaded Fuel Break, a 19-mile fuel break surrounding the community of La Honda in unincorporated San Mateo County.
With implementation slated for November 2023 per funding requirements, the RCD engaged Sequoia to help meet project’s CEQA requirements under the CalVTP PEIR. To meet the aggressive schedule and all regulatory requirements for implementation, the Sequoia team designed a CalVTP treatment plan to avoid the need for additional regulatory permitting from other agencies, and to balance environmental protection with the needs of the RCD, the La Honda community, and its stakeholders. Sequoia worked with the RCD to define methodology and phasing of specific treatment prescriptions; and provided detailed recommendations for tree pruning specifications, understory vegetation and shrub treatments, management of cut biomass, timing of treatments, aesthetics, and future maintenance and invasive species considerations.
Sequoia submitted the CalVTP Project-Specific Analysis (PSA) and Addendum for that project, as well as a Biological Resource Report and Cultural Resources Report after preparing and sending project notification letters to NAHC tribes. Upon agency submittal and approval of the PSA, Sequoia will assist with the request for bids and contractor oversight during implementation.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 22 East Bay Regional Park District Fuels Reduction Program | ALAMEDA AND CONTRA COSTA COUNTIES | EBRPD
From 2016-2021, Sequoia assisted the East Bay Regional Park District with system-wide implementation of the Wildfire Hazard Reduction and Resource Management Plan, as well as interpretation of a Biological Opinion, Incidental Take Permit, and Environmental Impact Report for the District’s fuels reduction project.
This project extends throughout EBRPD property in Alameda and Contra Costa counties. Sequoia coordinated communication and monthly update meetings with the District, and managed performance of the biomonitoring effort. Sequoia's biologists and technical specialists performed pre-and post-construction surveys, pre-activity surveys, biological monitoring, and long-term monitoring. A large group of Sequoia staff are approved by both the USFWS and CDFW to work with sensitive species on site. Sequoia staff also performed habitat assessments for AWS, identify signs of infection by Phytophthora cinnamomi, facilitated decontamination protocols to prevent the spread of Phytophthora species, and implemented AMMs during fuels treatment activities.
Approved staff members survey, monitor for, assess habitat quality, and conduct environmental trainings for special status species, including Alameda whipsnake, Pallid manzanita, California red-legged frog, Western pond turtle, San Francisco dusky-footed woodrat, California tiger salamander, and Western leatherwood.
Reference Contact East Bay Regional Park District
Kristen Van Dam, Resource Analyst/Ecologist
Phone: 510.544.2324
Email: [email protected]
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 23 Forest Health and Fire Resiliency Project in Huddart & Wunderlich Parks | SAN MATEO COUNTY | SAN MATEO RCD
San Mateo Resource Conservation District (RCD), in collaboration with CAL FIRE and San Mateo County Parks developed high priority fuel reduction treatment projects on county lands in the northern Santa Cruz Mountains for forest health purposes. The collaboration resulted in the development of a forest health fuel reduction project at Huddart and Wunderlich, San Mateo County Parks encompassing 402.1 acres of vegetative treatments and a goal to enhance and restore a forest system challenged by changing climates, a lack of fire, and many homes in close proximity. Project activities primarily included mechanical thinning of vegetation up to 8” in diameter and pest management (Sudden Oak Death), which further improved forest health, fuel reduction, and carbon sequestration goals. These landscape level vegetation treatments have successfully reduced wildfire risk while increasing wildfire management opportunities.
Sequoia was contracted to support the project vegetation treatment prescriptions by conducting special status species and habitat surveys in scheduled work areas. Sequoia biologists conducted nesting bird surveys, assessed trees for bat roosting habitat, and visually searched for wood rat middens. The biologist flagged resources in accordance with RCD flagging conventions, communicated the locations of flagged resources to vegetation treatment crews, and provided the RCD with a daily survey report. Sequoia worked closely with the RCD to provide seamless environmental support aiding in early completion of the project.
Reference Contact David Cowman, Forest Ecologist
San Mateo Resource Conservation District
Office: 650.712.7765 x 107
Email: [email protected]
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 24 Various San Mateo County Fuel Breaks and Vegetation
Management Support | SAN MATEO COUNTY | CAL FIRE & SAN
MATEO COUNTY PARKS
Supporting CAL FIRE’s work on the 70-acre Kings Mountain Road Emergency Shaded Fuel Break Project, Sequoia met with CAL FIRE staff and project representatives to plan for project implementation, special protection measures, and potential operational constraints. Treatments included mechanical treatments (masticators) to create a shaded fuel break along with utilization of hand crews with chippers and burn piles. Sequoia provided focused endangered species and botanical surveys to ensure environmental compliance and adherence to CAL FIRE’s fuel reduction (AMMs). We provided environmental training to CAL FIRE crews, and conducted pre-treatment assessments, collecting data on species cover, composition, and presence of invasive species. Sequoia will conduct post-treatment assessments to determine maintenance intervals for the fuel break. As part of the same project, Sequoia supported the San Mateo County Parks Department, performing focused surveys under our on-call contract to determine the presence of rare plants, primarily Kings Mountain manzanita. Sequoia’s botanists surveyed more than 1,900 acres of park land for this project.
Sequoia worked with CAL FIRE in support of the El Granada-Quarry Park Emergency Shaded Fuel Break Project. This 170-acre project restored a system of access roads and perimeter fuel breaks within a 500- acre eucalyptus stand near Half Moon Bay. Sequoia assisted with project implementation, special protection measures, and potential operational (biological) constraints. Sequoia’s biologists conducted preliminary surveys and mapping of proposed work areas focusing on the presence of nesting birds, sensitive species and their habitat, existing erosion orsigns of other work already competed, and safety hazards; as well as biological monitoring and environmental training.
Reference Contact CAL FIRE
Sarah Collamer, CZU Forester I – VMP
Phone: 831.254.1792
Email: [email protected]
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 25 Countywide Wildfire Prevention/Hazard Mitigation
Projects | MARIN COUNTY | MARIN WILDFIRE PREVENTION AUTHORITY Sequoia is supporting the Marin Wildfire Prevention Authority (MWPA) under a second consecutive contract to permit and implement a large number of fire prevention projects throughout Marin County.
Sequoia provides biological services during environmental planning and implementation of the 40+ projects within the work plan. Our biologists conduct literature reviews of biological resources, field assessments, prepare and present environmental trainings, conduct specialized nesting bird and sensitive plant surveys, and provide ongoing specialized expertise to assist the MWPA. We have also assisted in the preparation of Environmentally Sensitive Habitat Area (ESHA) mapping to conform with the Marin County Coastal Zone's Local Coastal Plan, and we prepared a Project-specific Checklist (PSA) in compliance with the CalVTP in support of various MWPA projects.
Sequoia’s early involvement during the planning phase allowed us to assist in designing projects to avoid environmental impacts and maximize available funds. Sequoia biologists performed specialized surveys including nesting bird surveys, sensitive plant surveys, and protocol-level northern spotted owl surveys; as well as invasive species mapping.
This programmatic effort spans all of Marin County and addresses potential impacts to many sensitive species and various sensitive plants. Sequoia meets each month with project stakeholders, including members of the public, to assist MWPA in providing transparency to the public and interested parties regarding environmental compliance and avoidance of resource impacts.
Reference Contact Anne Crealock
Planning and Program Manager
Marin Wildfire Prevention Authority
Tel: (707) 332-0866
Email: [email protected]
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 26 Pictured here:
Last month, Sequoia staff were invited to greet
members of the public during the City of Orinda's 2nd
Annual Wildfire Safety and Preparedness Fair (shown
at top left). Sequoia shared the Landowner Look Up
Tool (bottom left) and Best Practices for Home
Hardening Guide (shown at right) we prepared with the
Moraga-Orinda Fire District, and answered questions
about environmental protection measures applied on
the various shaded fuel breaks managed by the
Moraga-Orinda Fire District and Contra Costa County
Fire Protection District in the area.
Tunnel East Bay Hills Shaded Fuel Break Project | CONTRA
COSTA COUNTY, CA
Sequoia is supporting the Moraga-Orinda Fire District (MOFD) on its CAL FIRE-funded Tunnel East Bay Hills Shaded Fuel Break Project, an 1,110-acre expansion of the 2019 North Orinda Shaded Fuel Break (NOSFB) project. The project is subject to the California State and Federal Endangered Species Act, the Migratory Bird Treaty Act, and other species protections regulated by USFWS, CDFW, and local agencies.
Sequoia worked with MOFD throughout the planning process, preparing a Project-specific Analysis (PSA) checklist and Addendum to secure permitting under the CalVTP, and performing biological and cultural resource assessments, agency coordination, communication with the public, mapping, and contractor coordination. Before work commenced, Sequoia performed detailed preliminary surveys of proposed work areas, and will also conduct post-treatment surveys of treated areas. Surveys focused on the presence of nesting birds, sensitive species and their habitat, existing erosion or signs of other work already completed, and safety hazards. Data collected during these surveys will help MOFD to document permit compliance as well as inform the need for future maintenance work and assess post-treatment fire risk.
Similar to the work Sequoia conducted for the original NOSFB project, our biologists are currently supporting implementation, performing daily monitoring of work and close communication with the crews to ensure that the project is conducted in compliance with project permits. We present environmental training to all crew members, including intensive training on decontamination of equipment, boots, and vehicles to stop the spread of Phytopthora. Treatments monitored have included hand treatment, mastication, controlled burns, pile burning, lop and scatter, chip and haul out, and prescribed herbivory.
Reference Contact Jeff Isaacs, Fire Marshal
Moraga-Orinda Fire District
Tel: (925) 258-4513
Email: [email protected]
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 27 At Sequoia, our team is our greatest asset. Our highly qualified and experienced staff are the backbone of our successful project delivery. Our approach and the diversified experience of the staff we have selected to work on the project will allow for combined efforts and cost savings, to maximize the Town’s allocated funds and efforts.
Our Principal-in-Charge, Debie Montana, will serve as primary contact for the Town for the duration of the proposal and contracting process, while Project Manager Kyle Verblauuw will be your point of contact throughout the performance period.
Debie Montana
Principal-in-Charge
Debie Montana will provide project oversight,
managerialsupport, and assurance that Sequoia
will provide the dedicated resources required to
meet the Town’s needs on this project. Mrs.
Montana feels deeply privileged to lead Sequoia
in supporting wildfire mitigation efforts, playing a
small role in stewarding the land that provides a
retreat and a home to our staff and our families,
and protecting the habitats and species that
inspired her to become a biologist.
Certified in Project Management by the
University of California at Davis, Mrs. Montana
oversees large-scale fuels treatment projects
spanning diverse regions and habitats. She leads
Sequoia's efforts including:
• San Mateo RCD La Honda Shaded Fuel Break
PSA and Addendum preparation, and
implementation support
• San Mateo County Parks Department and CAL
FIRE focused species and rare plant surveys
for fuel reduction activities covering more
than 2,000 acres of park land throughout San
Mateo County
• Marin Wildfire Prevention Authority planning
and implementation of >40 wildfire
mitigation projects
• Contra Costa County Fire District’s on-call
consultant for planning and implementation
of its programmatic fuels efforts, including
work under the CalVTP
• On-call contract with the East Bay Regional
Park District for biological support on fuel
management projects including more than 30
FEMA-funded projects
• Planning and implementation services for
more than 3,000 acres of fuel break for the
Moraga-Orinda Fire District
Debie’s background and certifications:
20 years of experience in the environmental
industry
M.S., Biological Sciences with Concentration in
Organismal Biology, Conservation and Ecology,
San Jose State University •
B.S., Biological Sciences with Concentration in
Conservation and Organismal Biology, San Jose
State University •
Certificate, Project Management, University of
California, Davis
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 28 Kyle’s background and certifications:
10 years of experience in the environmental
consulting industry
MS, Environmental Management (Ecology),
University of San Francisco
BA, Environmental Studies (Biology), University of
California Santa Barbara
UC Education Abroad Program, (Marine Biology
and Terrestrial Ecology), University of
Queensland, Australia•
USFWS 10(a)(1)(A) Recovery Permit
#ESPER0045160 for California Tiger Salamander
and California Red-legged Frog
CDFW Scientific Collecting Permit #S-211500002-
21363-001 and MOU for California Tiger
Salamander, and California Red-legged Frog
Kyle Verblaauw
Project Manager
Kyle Verblaauw is a project manager and biologist
specializing in Northern California’s special-status
species. With a Master’s degree in Environmental
Management from the University of San
Francisco, Kyle oversees some of Sequoia’s
largest programmatic fuels management
implementation compliance efforts, including
management and coordination of staff
performing protocol-level surveys, preconstruction surveys, rare plant surveys, and biological compliance monitoring.
Kyle has worked extensively with species such as
the California tiger salamander, California redlegged frog, and western burrowing owl. He holds a USFWS Recovery Permit and California permits
for these species, and has experience with PIT
tagging, burrow excavations, and amphibian
surveys. His experience with Sequoia includes:
• Biological Project Managerfor Marin Wildfire
Prevention Authority during planning and
implementation of >40 wildfire mitigation
projects
• San Mateo County Parks, Edgewood Shaded
Fuels Break, Redwood City, CA
• San Mateo County Parks, Quarry Park Shaded
Fuels Break, El Granada, CA
• Butano State Park Forest Health Project;
Pescadero, CA
• Midpeninsula Regional Open Space District,
Bear Creek Redwood Preserve Phase II Trails
Project; Los Gatos, CA
• Napa County RCD’s CalVTP Project-Specific
Analysis and Addendum for Las Posadas
Forest
• Novato Fire Protection District’s Wildfire
Resiliency Technical Coordinator
• San Rafael Open Space Defensible Fuel
Reduction
• Sonoma County Regional Parks: Hood
Mountain Vegetation Management Planning
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 29 Will Johnson
Program Manager
Will Johnson has 16 years of experience in habitat
restoration, mitigation planning, natural resource
monitoring, and project management. Over the
past decade, he has worked on various projects
throughout northern California, serving as a field
biologist, site superintendent, manager, crew
leader, and equipment operator. Will is adept at
managing projects from proposal to closeout,
ensuring compliance with standard specifications,
plans, and permit requirements.
He has authored site management and long-term
maintenance plans, cost proposals, budgets, and
technical write-ups. Will has collaborated with
and contracted for a diverse range of clients,
including county, state, and federal agencies,
consulting firms, non-profits, special districts, and
private landowners. His work has involved
numerous special status species in Northern
California, and he has conducted rare plant
surveys and managed projects involving species
like the western burrowing owl and Swainson’s
hawk.
Kelyn McGuire
Surveys and Monitoring,
Environmental Training
Kelyn McGuire is an enthusiastic biologist with
more than 2 years of experience in
environmental consulting and biological field
work. With exquisite attention to detail and
ability to coordinate among all parties, Kelyn
serves as Sequoia’s field lead for fuels treatment
monitoring, surveys, and environmental training
for projects with the Contra Costa County Fire
Protection District, as well as the Moraga-Orinda
Fire District. She is experienced at coordinating
and conducting surveys for nesting birds and
special status species including California tiger
salamander, California red-legged frog, Alameda
whipsnake, western pond turtle, and San
Francisco dusky-footed woodrat, among many
others. Kelyn also assists with rare plant surveys
and California spotted owl surveys under the
supervision of senior biologists/botanists, and
bumble bee surveys with a permitted biologist.
Kelyn’s background and certifications:
2+ years of field experience
BA Environmental Studies (Anthropology),
University of California, Santa Barbara
UC Education Abroad Program, (Anthropology)
University of Edinburgh, Scotland
Will’s background and certifications:
16 years of experience in habitat restoration,
mitigation planning, inspection and compliance
support, natural resource monitoring, and both
project and program-level administration and
management
MS, Biological Sciences, University of Rhode Island
BS, Biological Sciences, University of Rhode Island
California Contractors State License Board – C-27
Landscape Construction License, 1086577, exp.
2026
California Department of Pesticide Regulation –
Qualified Applicator License, 162032, exp.
12/2024
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 30 Brian Nissen
Surveys and Monitoring,
Environmental Training
More than 6 years of professional experience
working with private industry consulting, federal
and state agencies compliance, and volunteer
research projects
Brian Nissen is a restoration ecologist and field
biologist with over 6 years of experience. He has
worked on ecological restoration and biological
surveys across the San Francisco Bay Area,
focusing on special status species and habitat
restoration. Brian is skilled in project design,
implementation, invasive plant management,
native plant propagation, and irrigation systems.
He holds permits for surveying California tiger
salamander and California red-legged frog and
has extensive experience with these species on
construction projects. Brian has also conducted
surveys for otherspecialstatus species, including
nesting birds, raptors, burrowing owls, and rare
plants like Santa Cruz robust spineflower.
Additionally, he has over 100 hours of passerine
banding experience with the San Francisco Bay
Bird Observatory.
Nicolas Anderson
Surveys and Monitoring,
Environmental Training, and GIS
Nicolas Anderson has 5 years of experience in
wildlife and vegetation surveys, habitat
restoration, construction monitoring, forestry
management, and geographic information
systems (GIS). His surveying skills include pointcount, mark-recapture for small mammals and fish, electrofishing, mist netting, spotlighting, dip
netting, seining, hoop netting, telemetry, and
herpetological surveys for wetland IBI
assessments.
Nicolas has conducted threatened and
endangered species surveys across the Midwest,
Southeast U.S., and California. Species he has
worked with include the western pond turtle,
California red-legged frog, Indiana bat, Henslow’s
sparrow, loggerhead sea turtle, northern longeared bat, and greater prairie-chicken. His vegetation surveys have covered species such as
beaked spikerush, slender rush, and western
prairie fringed orchid.
Brian’s background and certifications:
5+ years of field experience
BS, Natural Resources, Fisheries and Wildlife
Science, Oregon State University
10(a)(1)(A) Recovery Permit (PER0011950),
California tiger salamander, California red-legged
frog
CDFW Scientific Collection Permit (SC-190180001)
Nick’s background and certifications:
7+ years of field experience
Wildland Firefighter Type II
BS in Fisheries, Wildlife, and Conservation
biology, University of Minnesota, Twin Cities
NPDES Construction Stormwater Inspector
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 32 Attachment A - Other Information
Why Choose Sequoia?
Experience with Federally Funded Fuels Management Efforts Sequoia is deeply familiar with the variety of funding mechanisms for California’s fuels management projects. We have worked on dozens of FEMA-funded projects for clients including East Bay Regional Park District, the RCD, and numerous projects through CAL FIRE. We understand the requirements of these projects including invoicing, reporting, and the importance of meeting deadlines and milestones set forth by grants.
Demonstrated Experience with Fire Crews
Sequoia and its staff have coordinated and worked closely with fire crews and agencies including but not limited to:
• CAL FIRE
• Moraga-Orinda Fire District
• Novato Fire District (Full-time staff augmentation)
• Mt. Diablo Fire Safe Council
• California Conservation Corps
• East Bay Regional Park District's Fire Department
• Contra Costa County Fire Protection District
Qualified Biologists with Certifications and Permits to Handle and Survey for Listed Species
Sequoia's staff have all the requisite certifications and permits to provide the range of expertise required to implement the Town’s VMP. Our staff includes GIS Specialists, TRAQ Certified Personnel, a Certified Consulting Botanist, Certified Arborist, and numerous individuals with 10(a)1(A) recovery permits and/or Memorandums of Understanding (MOUs) for sensitive species including: Western bumble bee, California tiger salamander, California red-legged frog, San Francisco garter snake, Foothill yellow-legged frog, California Ridgway’s rail, Western snowy plover, Vernal pool branchiopods, and other sensitive species.
A table showing our team's certifications and licensing is provided below.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 33 Table. Sequoia Permitted and Certified Staff
Stephen Gergeni MOU attached to SCP; S-201190005-21059-001, Covers 4 CESA-Candidate Bumble Bee Species, Western bumble bee, Crotch's bumble bee, Franklin's bumble bee and Suckley's Cuckoo bumble bee
USFWS 10(a)(1)(A) Recovery Permit #TE-84156D-0, Giant gartersnake, California tiger salamander, California red-legged frog
CDFW Scientific Collecting Permit #SC-2011900005, Giant garter snake, California tiger salamander, California red-legged frog, Foothill yellow-legged frog, amphibians, reptiles,small mammals, San Francisco dusky-footed woodrat, California giant salamander, Santa Cruz black salamander, Northern red-legged frog, Western spadefoot toad; Northern alligator lizard Northern pond turtle, Southwestern pond turtle, terrestrial and vernal pool inverts Andrew Ford MOU attached to SCP; S-201190005-21059-001, Covers 4 CESA-Candidate Bumble Bee Species, Western bumble bee, Crotch's bumble bee, Franklin's bumble bee and Suckley's Cuckoo bumble bee
USFWS 10(a)(1)(A) Recovery Permit #TE-66228D-0, California tigersalamander and California red-legged frog
Certified Consulting Botanist CCB-0029
California Endangered Species Act Plant Voucher Collecting Permit 2081 1(a)-19-101-V ISA Tree Risk Assessment Qualification (ISA TRAQ)
ISA Certified Arborist, WE-13284A
Ari Rogers USFWS 10(a)(1)(A) Recovery Permit #TE 41340D-0, California tiger salamander and California red-legged frog
CDFW MOU SC-13818, California tiger salamander (under Woodruff for CTS as an authorized individual)
Certified Ecological Restoration Practitioner-in-Training (CERPIT) CERPIT #0678, Society for Ecological Restoration
California Endangered Species Act Plant Voucher Collecting Permit 2081 1(a)-18-081-V Aurelie Hening Sub-permittee USFWS 10(a)(1)(A) Recovery Permit #TE-34570A-3.2, western snowy plover Brendan Champlin ISA Certified Arborist (WE-13739AU)
Brett Hanshew USFWS 10(a)(1)(A) Recovery Permit #TE-67570A-0, California tiger salamander (Sonoma County-Distinct Population Segment and Santa Barbara County-Distinct Population Segment), California red-legged frog, San Francisco Garter Snake, Vernal pool branchiopods CDFW MOU: SC-009343, California tiger salamander, Foothill yellow-legged frog, and San Francisco Garter Snake
Brian Nissen 10(a)(1)(A) Recovery Permit (PER0011950), California tiger salamander, California red-legged frog
CDFW Scientific Collection Permit (SC-190180001)
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 34 Jesse Reebs USFWS 10(a)(1)(A) Recovery Permit #TE-01769B-3, California tigersalamander, San Francisco Garter Snake, Alameda whipsnake, California Ridgway’s rail CDFW MOU: SC-010272, California tiger salamander, San Francisco Garter Snake, Alameda whipsnake, California Ridgway’s rail
Julie Woodruff USFWS 10(a)(1)(A) Recovery Permit #TE-71409C-0, California red-legged frog, California tiger salamander, and Sierra Nevada yellow-legged frog
CDFW MOU: SC-13782, California tigersalamander, foothill yellow-legged frog, and Sierra Nevada yellow-legged frog
USGS Bird Banding Lab Master Bander #24106, Northern saw-whet owl, western screech-owl, and
burrowing owl
Kyle Verblaauw USFWS 10(a)(1)(A) Recovery Permit #ESPER0045160, California tiger salamander, California red-legged frog
SCP# S-211500002-21363-001, California tiger salamander, California red-legged frog, Pacific treefrog, American bullfrog, Foothill yellow-legged frog, California newt, Redbellied newt, Rough-skinned newt
Ability to Respond Quickly to Changes in Schedule
The nature of these projects lends itself to last-minute schedule changes due to weather, fire risk, and other unpredictable conditions. Sequoia’s team of cross-trained local biologists are already approved by the CDFW and USFWS to survey and monitor for the sensitive species found within the Project area. Because our staff are deployed from our offices in San Jose and Walnut Creek, we require minimal mobilization and travel time. This allows us to hit the ground running at project kickoff, and to rapidly mobilize fully qualified staff, accommodating concurrent work and changing project needs. Sequoia will respond to Town requests within 30 minutes, and we can schedule qualified biologists for field surveys and monitoring efforts within 24 hours of requests, or less.
Full Understanding of PSA Implementation under the CalVTP Sequoia has deep experience in both development and implementation of the PSA process. In addition to supporting clients and contractors during the implementation phase, and monitoring fuel reduction in accordance with environmental measures of the CalVTP, Sequoia has also authored several approved PSAs.
Because we bring this experience, the Town can be assured that Sequoia understands the process thoroughly and can find ways of streamlining certain parts of the process to better benefit species, cost and timelines. Recent Sequoia PSAs can be found (here and here) and Sequoia has contributed to the development of several PSA’s under the Marin Wildfire Prevention Authority (here). As part of past PSA processes, Sequoia has also developed PSA addenda as necessary.
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 35 Client Testimonials and Letters of Recommendation
ITEM NO. 6.
Docusign Docusign Docusign Envelope Envelope Envelope ID: 71ABC041 F2CFEC63 C3C88704--33B6 66FC 4FF8--485B 4CBEB23--9D22 -A2D6 B80--15DBA66398A5 -36853FBAC10F 7F606F5E7542 Sequoia Ecological Consulting, Inc.
Proposal for Town of Los Gatos - Environmental Monitoring Services for Vegetation Management Risk Reduction Project (Open Space) 36 East Bay Regional Park District
Kristen Van Dam, Resource Analyst/Ecologist
“Sequoia has provided biological monitoring support for my program for nearly five years. Our program is large and complex, and involves potential impacts to several threatened species. Sequoia is always on top of it. Sequoia’s project managers are sharp, communicative, and thorough. Their biologists are great with the crews, and largely due to their guidance we rarely see compliance issues. They are experts on the species we work with, and leverage their expertise to ensure the least possible risk to them. My project manager provides prompt weekly updates, and monitoring reports arrive complete and clearly organized. Any questions and issues that come up with project compliance are communicated promptly and resolved easily.
One of the most impressive things about Sequoia is that the staff are not there merely to provide a service; staff actively engage in collaborative problem-solving with the client, which has saved my agency money and time. Their staff are highly qualified scientists, but the best kind of scientists – with a keen eye toward communication and customer service. I know that my project manager has my project’s best interests at heart, and I trust them completely. I would recommend Sequoia for any biological compliance project without hesitation.”
Diablo FireSafe Council
Cheryl Miller, Executive Coordinator
“The team at Sequoia Ecological Consulting was critical to effective hazardous fuel reduction for the North Orinda Shaded Fuel Break. By having their biologists evaluate sites before work began we could avoid potential environmental impacts and accelerate the project. Their staff’s expertise continued to guide field crews throughout the work, giving the whole project team confidence that we could adjust the project to meet the best management practices and comply with the myriad of environmental requirements, while reducing the potential of wildfire.”
San Mateo RCD
David Cowman, Forest Ecologist
“I’d like to echo the gratitude for the great communication in addition to the level of flexibility you all have provided throughout the project. These types of projects are tricky to coordinate with all the moving pieces, and I greatly appreciate your willingness to send bios when necessary to fill in when our own staff and County Parks staff weren’t available.”