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that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR
LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
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unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 -Effectuation of Title VI of the Civil Rights Act of 1964).
Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of subconsultants.
I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
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B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility.
Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs.
CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."
This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.
B. The goal for DBE participation for this AGREEMENT is 22%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
D. Contract Assurance
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Under 49 CFR 26.13(b):
CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Substitution of DBE subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent.
CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form, included in the Bid.
The LOCAL AGENCY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.
3. Work requires a Consultant's license and listed DBE does not have a valid license under Contractors License Law
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination)
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The LOCAL AGENCY determines other documented good cause.
CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and to advise CONSULTANT and the LOCAL AGENCY of the reasons why the use of other forces or sources of materials should not occur.
CONSULTANT’s request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from CONSULTANT to the DBE regarding the request.
3. Notices from the DBEs to CONSULTANT regarding the request.
If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.
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F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The LOCAL AGENCY shall request CONSULTANT to:
1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1
st
-tier subconsultant
• Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.
Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withheld funds upon submission of the completed form.
In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.
G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.
H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
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with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.
L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime Contractor/Consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.
M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
ARTICLE XIX INSURANCE
Without limiting CONSULTANT’s obligation to indemnify and hold harmless TOWN of LOS GATOS (TOWN) and VTA, CONSULTANT must procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by CONSULTANT, its agents, representatives, employees, or subconsultants. The cost of such insurance must be borne exclusively by CONSULTANT. In the event of any material change in the AGREEMENT Scope of Services, TOWN AND VTA reserve the right to change the insurance requirements set forth herein. CONSULTANT must furnish complete copies of all insurance policies, within three (3) business days of any request for such by TOWN or VTA.
A. Liability and Workers’ Compensation Insurance
1. Minimum Scope of Coverage
Coverage must be at least as broad as:
a. General Liability coverage; Insurance Services Office “occurrence” form CG 0001. General Liability insurance written on a “claims made” basis is not acceptable. Completed Operations coverage must be continuously maintained for at least two (2) years after Final Acceptance of the Work.
b. Business Auto Coverage, Insurance Services Office form number CA 0001, covering Automobile Liability, code 1 “any auto.” Auto Liability written on a “claims-made” basis is not acceptable. c. Workers’ Compensation insurance, as required by the Labor Code of the State of California, and Employer’s Liability insurance.
d. Professional Liability, including limited contractual liability coverage, covering liability arising out of any negligent act, error, mistake or omission in the performance of CONSULTANT’S services under this AGREEMENT. This coverage must be continuously maintained for a minimum of two (2) years following completion of this AGREEMENT. This coverage may be written on a “claims made” basis, if so, please see special provisions in Section B. e. CONSULTANT’S Pollution/Environmental Impairment Liability: covering liability arising out of the treatment, handling, storage, transportation, or accidental release of any hazardous material.
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2. Minimum Limits of Insurance
a. CONSULTANT must maintain limits no less than:
1. General Liability (including umbrella/excess liability): $5,000,000 limit per occurrence for bodily injury, personal injury, and property damage. If General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. This requirement may be satisfied by a combination of General Liability with Excess or Umbrella, but in no event may the General Liability primary policy limit per occurrence be less than $2,000,000, unless Umbrella/Excess policies feature inception and expiration dates concurrent with the underlying General Liability policy, “Follow Form” coverage, and a “Drop Down” provision.
2. Automobile Liability (including umbrella/excess liability): $4,000,000 limit per accident for bodily injury and property damage. This requirement may be satisfied by a combination of Auto with Excess or Umbrella, but in no event may the Automobile Liability primary policy limit per occurrence be less than $2,000,000, unless Excess policies feature inception and expiration dates concurrent with the underlying auto liability policy, “Follow Form” coverage, and a “Drop Down” provision.
3. Workers’ Compensation and Employer’s Liability: Statutory Workers’ Compensation limits and Employer’s Liability limits of $1,000,000 per accident.
CONSULTANT is familiar with the Workers' Compensation laws of California (generally contained in Section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry Workers' Compensation insurance, and CONSULTANT maintains they are exempted under the law from the requirement to maintain Workers' Compensation insurance coverage.
In addition, during the term of any work for TOWN under said agreement:
(1) CONSULTANT will not employ any person in any manner so as to become subject to the Workers' Compensation laws of California, or (2) should CONSULTANT become subject to the Workers' Compensation provisions of Section 3700 of the Labor Code for any reason, CONSULTANT shall forthwith comply with those provisions and send evidence of financial compliance to TOWN.
4. Professional Liability: $2,000,000 each occurrence/aggregate minimum limit per claim. This requirement may be satisfied by a combination of Professional Liability insurance with Excess or Umbrella policies, but in no event may the Professional Liability primary policy limit per occurrence be less than $2,000,000, unless Umbrella/Excess policies feature inception and expiration dates concurrent with the underlying policy, “Follow Form” coverage, and a “Drop Down” provision.
5. CONSULTANT’S Pollution/Environmental Impairment Liability: $3,000,000 per occurrence.
This requirement may be satisfied by a combination of Pollution Liability insurance with Excess or Umbrella policies. Umbrella/Excess policies must feature inception and expiration dates concurrent with the underlying policy, “Follow Form” coverage, and a “Drop Down” provision.
b. Notwithstanding any language in this AGREEMENT to the contrary, if CONSULTANT carries insurance limits exceeding the minima stated in Section 2(a)(1)-(5) immediately above, such greater limits will apply to this AGREEMENT.
3. Self-Insured Retention
The certificate of insurance must disclose the actual amount of any deductible or self-insured retention for all coverages required herein. Any self-insured retention or deductible must be declared to and approved by TOWN and VTA. To apply for approval for a level of retention or deductible CONSULTANT must provide a current financial report including balance sheets and income DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
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statements for the past three years, so that TOWN and VTA can assess CONSULTANT’s ability to pay claims falling within the self-insured retention or deductible. Upon review of the financial report, if deemed necessary by TOWN and VTA in their sole discretion, TOWN and VTA may elect one of the following options: to accept the existing self-insured retention or deductible; require the insurer to reduce or eliminate the self-insured retention or deductible as respects TOWN and VTA, its directors, officers, officials, employees and volunteers; or to require CONSULTANT to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Applicable costs resulting therefrom will be borne solely by CONSULTANT.
CONSULTANT may request execution of a nondisclosure agreement prior to submission of financial reports.
B. Reserved.
C. Claims Made Provisions
Claims-made coverage is never acceptable for General Liability or Auto Liability. Claims-made may be considered for Professional, Environmental/Pollution, or Cyber. For coverage written on a claimsmade basis, it must be clearly stated on the Certificate of Insurance. In addition to all other coverage requirements, such policy must provide that:
1. The policy retroactive date must be no later than the date of this AGREEMENT.
2. If any policy is not renewed or the retroactive date of such policy is to be changed, CONSULTANT must obtain or cause to be obtained the broadest extended reporting period coverage available in the commercial insurance market. This extended reporting provision must cover at least two (2) years.
3. No prior acts exclusion may be added to the policy during the AGREEMENT period.
4. The policy allows for reporting of circumstances or incidents that might give rise to future claims.
D. Other Provisions
The policies must contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability
a. The TOWN and VTA, its directors, officers, officials, employees and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of CONSULTANT, including TOWN’S general supervision of CONSULTANT; products and completed operations of CONSULTANT and its SUBCONSULTANTS; premises owned, occupied or used by CONSULTANT; or automobiles owned, leased, hired or borrowed by CONSULTANT.
The coverage must contain no special limitations on the scope of protection afforded to TOWN and VTA, its directors, officers, officials, employees, or volunteers. Additional Insured endorsements must provide coverage at least as broad as afforded by the combination of ISO CG 20 10 10 01 and CG 20 37 10 01.
b. Any failure to comply with reporting provisions of the policies may not affect coverage provided to TOWN and VTA, its directors, officers, officials, employees, or volunteers. c. CONSULTANT’s insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. d. The General Liability General Aggregate limit must apply per project, not per policy.
2. All Coverages
a. The insurer must agree to waive all rights of subrogation against TOWN and VTA, its directors, officers, officials, employees, and volunteers for losses arising from work performed by CONSULTANT and its subconsultants for TOWN and VTA.
b. CONSULTANT’s insurance coverage must be primary insurance as respects TOWN AND VTA, its directors, officers, officials, employees, and volunteers. Self-insurance or insurance that may be maintained by TOWN AND VTA, its directors, officers, officials, employees, or volunteers may DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
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apply only as excess to CONSULTANT’s insurance. CONSULTANT’s insurance must not seek contribution from TOWN or VTA’s insurance programs.
c. Each insurance policy required shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced coverage or in limits except after a thirty (30) calendar days prior written notice by certified mail, return receipt required, has been given to TOWN. d. TOWN will not be responsible for any premiums or assessments on the CONSULTANT’S policies.
e. In the event CONSULTANT employs subconsultants as part of the work covered by this AGREEMENT, it shall be the responsibility of CONSULTANT to ensure that all subconsultants are included as additional insured under the CONSULTANTS policies or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein and shall comply with the same insurance requirements that are stated in this AGREEMENT.
3. Other Insurance Provisions
a. For all lines of coverage, the Certificate must disclose the actual amount of the Deductible or SelfInsured Retention and shall be subject to TOWN’S approval. b. If any coverage forms or endorsements required by this AGREEMENT are updated by their publishers, whether they be the insurance carrier(s), the Insurance Services Office, or the American Association of Insurance Services, during the duration of this AGREEMENT, TOWN AND VTA reserves the rights to require CONSULTANT to procure said coverage forms or endorsements using the updated versions upon the next renewal cycle. c. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event that said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing the insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of the TOWN. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, TOWN may, in addition to any other remedies it may have, terminate the AGREEMENT upon occurrence of such event. d. Approval of the insurance by TOWN or acceptance of the Certificate of Insurance by TOWN shall not relieve or decrease the extent to which CONSULTANT may be held responsible for payment of damages resulting from CONSULTANT’S services or operation pursuant to this AGREEMENT, nor shall it be deemed a waiver of TOWN’S rights to insurance coverage hereunder. e. If, for any reason, CONSULTANT fails to maintain insurance coverage that is required pursuant to this AGREEMENT, the same shall be deemed a material breach of contract. TOWN, at its sole option, may terminate this AGREEMENT and obtain damages from CONSULTANT resulting from said breach.
E. Acceptability of Insurers
Insurance and bonds must be placed with insurers with an A.M. Best’s rating of no less than A VII (financial strength rating of no less than A and financial size category of no less than VII), unless specific prior written approval has been granted by TOWN and VTA.
F. Certificates of Insurance
CONSULTANT must furnish TOWN with Certificates of Insurance and with original endorsements effecting coverage required. The certificates and endorsements for each insurance policy must be signed by an authorized representative of that insurer. The certificates must be issued on a standard ACORD Form. CONSULTANT must instruct their insurance broker/agent to submit all insurance certificates and DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
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endorsements and required notices electronically in PDF format to the TOWN. All endorsements must be attached to the ACORD certificate in a single PDF document. All insurance must be in effect for the duration of the AGREEMENT. The absence of insurance or a reduction of the stated limits shall cause all work on the project to cease. Any delays shall not increase costs to TOWN or increase the duration of the project. The TOWN reserves the right to require complete, certified copies of all required insurance policies, at any time.
The certificates must (1) identify the insurers, the types of insurance, the insurance limits, the deductibles or lack thereof, and the policy term, (2) include copies of all the actual policy endorsements required herein, and (3) in the “Certificate Holder” box include:
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
Santa Clara Valley Transportation Authority (“VTA”)
3331 North First Street
San Jose, CA 95134-1906
In the Description of Operations/Locations/Vehicles/Special Items Box, the TOWN and VTA property leased must appear, the list of policies scheduled as underlying on the Umbrella/Excess policy must be listed, Certificate Holder must be named as additional insured, and Waiver of Subrogation must be indicated as endorsed to all policies as stated in the AGREEMENT documents.
It is a condition precedent to granting of this AGREEMENT that all insurance certificates and endorsements be received and approved by TOWN and VTA before AGREEMENT execution. No occupancy may be taken until insurance is in full compliance. TOWN and VTA reserve the rights to require complete, certified copies of all required insurance policies, at any time.
If CONSULTANT receives notice that any of the insurance policies required by this Exhibit may be cancelled or coverage reduced for any reason whatsoever, CONSULTANT must immediately provide written notice to TOWN that such insurance policy required by this Exhibit is canceled or coverage is reduced.
G. Maintenance of Insurance
If CONSULTANT fails to maintain insurance as required herein, TOWN, at its option, may suspend the AGREEMENT until a new policy of insurance is in effect.
H. Hold Harmless
CONSULTANT hereby agrees to and shall hold TOWN and VTA, its elective and appointive boards, commissions, officers, agents, registered volunteers, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage and any other claims of any sort what so ever, including, but not limited to, any liabilities, claims, losses, or expenses in any manner caused by, arising out of, or in connection with, either directly or indirectly, the construction or installation of the work, the guarding of the work, the use of improper materials in construction of the work, or the negligent, willful, or intentional acts or omissions by CONSULTANT or CONSULTANT's subconsultants, agents, or employee operations under this AGREEMENT, whether such operations by CONSULTANT or by any of CONSULTANT's subconsultants, or by any one or more persons directly or indirectly employed by, or acting as agent for CONSULTANT or any of CONSULTANT's subconsultants during the progress of the work or at any time before its completion and final acceptance, excepting suits and actions brought by the CONSULTANT for default of this AGREEMENT or arising from the sole active negligence or willful misconduct of the TOWN. The Town Council may retain as much of the money due to the CONSULTANT as shall be reasonably necessary to protect the TOWN, until disposition has been made of such suits or claims for damages as aforesaid.
CONSULTANT agrees to and shall pay TOWN's cost of defense (or, at the sole option of the TOWN, CONSULTANT shall defend with counsel approved by the TOWN Attorney) and indemnify TOWN and its DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
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elective and appointive boards, commissions, officers, agents, and employees from any suits or actions at law or in equity arising out of the execution, adoption or implementation of this AGREEMENT (exclusive of any such actions brought by CONSULTANT), such indemnification to include all costs of defense, judgments, and any awards of attorneys' fees.
Should any accident or incident causing death, personal injury or property damage occur between the date CONSULTANT is notified that its General Liability and/or Workers Compensation Insurance is canceled and the effective date of such cancellation, CONSULTANT's obligation to indemnify, defend and save harmless the TOWN, as provided for hereinabove, shall in no manner be affected by the fact that the TOWN had not received the notice of cancellation prior to the date of such accident or incident.
ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.
D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.
ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Park and Public Works Director who may consider written or verbal information submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
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may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.
ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.
DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
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C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 -Patent Rights under Government Contracts for federal-aid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction Contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction Contractor claims will be made available on reasonable notice from LOCAL AGENCY.
Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.
C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction Contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
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CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
ARTICLE XXXI PROMPT PAYMENT FROM THE LOCAL AGENCY TO CONSULTANT The LOCAL AGENCY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the LOCAL AGENCY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
APPENDIX A
During the performance of this Agreement, the Contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
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e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a subapplicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES
PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federallyassisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
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APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY,
FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, reenter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THEACTIVITY,
FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
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Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and Contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).
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ITEM NO. 10.
A-2 Pg31.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Federal Project No. CML-5067(021)
ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:
CONSULTANT:
Zoon Engineering, Inc
ATTN: Nabil Hissen, P.E., Principal In Charge
3960 Adeline Street #3, Emeryville, CA 94608
LOCAL AGENCY:
Town of Los Gatos – Parks and Public Works Department
ATTN: Nicolle Burnham, Parks and Public Works Director
41 Miles Avenue, Los Gatos, CA 95030
ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.
ARTICLE XXXV SIGNATURES
Recommended by Department Head:
_________________________________
IN WITNESS WHEREOF, THE LOCAL AGENCY AND CONSULTANT HAVE EXECUTED THIS AGREEMENT.
TOWN OF LOS GATOS by:
_________________________________
Laurel Prevetti, Town Manager
CONSULTANT by :
________________________________
Nabil Hissen, CEO
Approved as to Form:
__________________________________________
Gabrielle Whelan, Town Attorney
Attest:
__________________________________________
Wendy Wood, Town Clerk
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ITEM NO. 10.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit A – Scope of Services Federal Project No. CML-5067(021) Page 1
Town of Los Gatos - CONSULTANT SERVICES AGREEMENT (Continued) EXHIBIT A – SCOPE OF SERVICES
The scope of services consist of the professional construction management, inspection, and materials testing services necessary for the construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project.
The intent of this scope of work is to set forth the requirements and responsibilities of the Consultant to assure the quality and satisfactory completion of the construction project improvements in accordance with the approved construction documents and funding agreements. The scope of services requested is broad and as such not every required individual work item or deliverable has been specifically identified, however, the delivered scope of services is to be inclusive of all items of work necessary to successfully manage, guide, inspect, test, coordinate, and document the project through construction completion and project close out within the framework required for the Town to obtain reimbursement of federal and other grant funds allocated to the project. The Consultant is expected to furnish all manpower, equipment, and incidentals as required to complete the requested scope of services as generally described below for the project. The Consultant CM/RE will work closely with and report to the Town’s Project Manager. A construction contract time of 270 working days has been allocated for the project construction. The scope of services herein is to be delivered in coordination with the construction contract activities as necessary to allow for the construction completion and all follow up reporting requirements.
TASK 1. CONSTRUCTION MANAGEMENT AND COORDINATION
The Consultant shall provide all the necessary project management, administration, and coordination with the Town, Caltrans, and other internal/external stakeholders to achieve the project’s objectives and successful project construction completion. The Consultant shall proactively provide direction to the Town regarding the project tasks necessary to deliver the federally and locally grant funded project consistent with Caltrans permitting requirements, federal reimbursement requirements, and funding agreement requirements. The Consultant shall be responsible for project management activities throughout the life of the contract.
The Consultant will serve as the Town’s full time Construction Manager/Resident Engineer (CM/RE) and on-site representative and will be responsible for providing and managing a complete construction management team to complete tasks and activities as outlined in these Requested Scope of Services.
Consultant shall provide a CM/RE who is dedicated to the project through project close out to serve as the Town's resident engineer and project team leader. The CM/RE shall be a licensed Professional Civil Engineer Registered in the State of California. Consultant shall also provide the services of a Professional Structural Engineer Registered in the State of California for assistance on the submittal reviews and inspections of retaining walls and bridge structures, and as otherwise needed.
In general, CM/RE shall have the following duties:
1.1. CONSTRUCTION MANAGEMENT PLAN - The Consultant CM/RE shall develop a project specific Construction Management Plan (CMP) for the Town's approval. The plan shall identify the project team members and indicate the standards and level of effort anticipated to be adhered to during all phases of the project by the CM/RE, additional inspector(s), and materials testing personnel and laboratories, and other DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
ITEM NO. 10.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit A – Scope of Services Federal Project No. CML-5067(021) Page 2
project team members, including the Contractor’s Project Manager, Superintendent and the Town’s Project Manager. The plan shall describe important project milestone deliverables and timing and shall be based on the activities presented in Chapters 16 Administer Construction Contracts and 17 Project Completion of the LAPM and other documents listed below. At a minimum, the plan shall include the sections listed below:
i. Project Team Organization
ii. Meetings
iii. Communications Management
iv. Documentation Control/Filing
v. Preparation of Management Reports
vi. Clarifications and Contract Interpretations of Specifications vii. Materials Submittals/Shop Drawings
viii. Design Modifications
ix. Change Orders
x. Schedule Management
xi. Budget Management
xii. Claims Management
xiii. Progress Pay Estimate Preparation
xiv. Inspection and Inspection Reporting
xv. Materials Testing and Testing Documentation
xvi. Defective Work Correction
xvii. Special Inspections/Testing
xviii. Special Certifications
xix. Traffic Control
xx. Record Drawings
xxi. Permit and Regulatory Agency Compliance
xxii. Handling of Hazardous Soil/Substances
xxiii. Environmental Commitments Record Compliance
xxiv. Complaint and Community Relations Procedures
xxv. Job Site Safety
xxvi. Photo/Video Documentation
xxvii. Certified Payroll Review
xxviii. DBE Monitoring
xxix. Federal Trainee Program
xxx. Labor Compliance Monitoring
xxxi. Training - Contractor, Town Staff, Others
xxxii. Other Tasks
All activities in the CPM shall be performed in accordance with the following documents:
Approved Project Documents and Plans
Regulatory Agency Permits
Caltrans Local Assistance Procedures Manual (LAPM) for RE expectations
Caltrans Standard Plans 2018
Caltrans Standard Specifications 2018
Caltrans Construction Manual
Caltrans Construction Records and Procedures Manual
Caltrans Standard Test Methods
Caltrans Surveying Manual
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ITEM NO. 10.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit A – Scope of Services Federal Project No. CML-5067(021) Page 3
Caltrans Manual of Traffic Control for Construction and Maintenance Work Zones
Caltrans Independent Assurance Manual
Town of Los Gatos Quality Assurance Program
1.2. PROJECT BACKGROUND AND PRE-PROJECT ACTIVITIES – Complete a full review of the contract documents and project area. Review and understand the Mitigation Monitoring & Reporting Program (MMRP) and the Environmental Commitments Record (ECR) and mitigation measures. Raise any questions or inconsistencies to the Town prior to construction. Conduct constructability review of plans and specifications. Identify potential construction challenges and identify and implement proactive mitigation measures. Document preconstruction conditions via videotaping and photo documentation and maintain photographic records during the project construction. Prepare LAPM Chapter 16 forms for use during construction.
1.3. PROJECT DOCUMENTATION AND FILING SYSTEM - Set up and use a project filing system and information tracking system consistent with the LAPM Chapter 16 - Organization of Project Records, or the Caltrans Construction Manual Section 5-102:
Organization of Project Documents. Provide continual Town access to project files.
Record keeping and project documentation shall be consistent with the Caltrans Construction Manual and LAPM. Prepare and maintain all files in an audit-ready state. At the end of construction, all project files in project filing system to be submitted to the Town in hardcopy and electronic format.
1.4. MATERIALS TESTING, QUALITY CONTROL, QUALITY ASSURANCE and INDEPENDENT ASSURANCE PROGRAMS - Review and approve the Contractor’s Quality Control (QC) Program for compliance with project specifications. Implement the Quality Assurance Program (QAP) and Independent Assurance Program (IAP).
Coordinate, manage, schedule, and assure performance of all required materials testing and quality assurance testing per the Contractor’s QC program, Caltrans requirements and Town’s QAP. The Consultant shall use the Town’s QAP and the Caltrans Construction Manual to identify and prepare a listing of the required project specific materials testing and inspections. The listing shall be provided to the Town prior at the beginning of the project and shall be updated as necessary during construction. CM/RE shall ensure that all field personnel who perform tests are certified to conduct the required test and all materials testing meets Caltrans and permitting requirements. Identify, schedule and coordinate any required source inspections for the project. Verify and document the IAP is being executed appropriately, obtain certifications of all sampling and testing personnel, qualifications of all laboratories, and verify all equipment calibrations.
1.5. MATERIALS SUBMITTALS - Review the materials submittals list contained in the contract documents and the Notice of Materials to be Used from the Contractor.
Determine if additional submittals will be required. Prepare a comprehensive listing of any additional submittals to be required from the Contractor, including but not limited to, shop drawings, traffic control plans, product data, and product samples. Receive, track, review, process, and document all submittals and provide responses as outlined in the CMP. Ensure materials to be used on the project are in compliance with the construction contract documents and Caltrans requirements. Provide timely responses to the Contractor’s submittals. Identify and track acquisition of long-lead time materials and equipment, and work with contractor for early purchasing where necessary. Ensure the “Buy America” provisions of the Construction Contract are being met. Consultant shall also provide the services of a Professional Structural Engineer Registered in the State of California for assistance on the submittal reviews and inspections of retaining walls and bridge structures, and as otherwise needed.
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ITEM NO. 10.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit A – Scope of Services Federal Project No. CML-5067(021) Page 4
1.6. PROJECT TEAM MANAGEMENT - Provide day-to-day ongoing management and administration of the project team, including inspection and testing services to assure compliance with items of work required by the contract documents and grant funding agreements. Provide technical oversight, instruct, and advise Town staff and project team regarding construction guidelines, standards, policies, and procedures. Manage coordination between Town, Contractor, Stakeholders, and Caltrans' representatives.
1.7. UTILITY RELOCATION - Assist in the coordination between utility company and the Contractor for required utility relocation. Coordinate with resource agencies, as needed, to obtain and demonstrate compliance with regulatory permits and regulations.
1.8. MEETINGS - Conduct and coordinate all project team meetings. i. In coordination with the Town’s Project Manager, schedule and lead the preconstruction meeting with the Contractor, Subcontractors, regulatory agencies, grant agencies, and utility company representatives. ii. Periodic meetings shall include daily discussions between the construction manager or designated representative and the contractor; weekly contractor meetings; weekly meetings between the construction manager and the Town; and meetings scheduled as needed with regulatory agencies, utilities, design Consultant, other groups, or agencies.
iii. Schedule, organize, lead, and provide follow up for regularly weekly scheduled construction progress meetings with Town staff, Contractor and Subcontractor and representatives as necessary.
iv. Prepare and distribute agendas, detailed meeting minutes, and action logs for all weekly meetings. Include summaries of work that is currently being performed, work that is behind schedule, unresolved deficiencies and defective work, outstanding change orders and status of any claims.
1.9. SCHEDULE - Review and monitor the Contractor’s construction schedule throughout the construction process. Identify and monitor milestones, dates for decisions required from the Town, deliverables to be furnished, and testing to be scheduled/completed.
Review schedule weekly with the Contractor and project team. Discuss two-week look ahead schedules at each weekly meeting.
i. Work with the contractor to maintain the original project schedule. ii. Show current conditions and suggest revisions that may be required. iii. Evaluate schedule modifications, necessary schedule revisions, and monitor progress.
iv. Enforce project requirements for Contractor’s submittal of formal schedule updates.
v. Track delays or accelerations based on actual contractor operations as defined in the CMP.
1.10. PROJECT BUDGET/COST CONTROL/MONTHLY PROGRESS PAYMENTS - Review, monitor and manage the construction contract budget and Consultant services budget. Implement necessary procedures for an effective system of cost control to track progress payments, contract change orders, claims, and extra work requests. Prepare quantities and estimates for monthly progress payments, for both the Contractor and Consultant services, and recommend approval to the Town.
Maintain cost accounting records (progress payments, contract change orders status, etc.) in accordance with the Caltrans Construction Manual and LAPM. The calculations of quantities and all other documentation shall be in forms approved by Caltrans and the Town.
i. Provide and manage consultant services within contract amounts identified as “not to exceed”.
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ITEM NO. 10.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit A – Scope of Services Federal Project No. CML-5067(021) Page 5
ii. Provide the Town with monthly updates regarding costs to date, percent complete, and estimated cost at completion for construction contract and consultant services contract.
iii. Evaluate budget impacts for all proposed contract change orders and make recommendations to Town.
iv. Provide required reporting regarding project budget. v. Monitor budget compliance throughout the contract process. vi. Prepare cost estimates to verify change order claims.
1.11. PUBLIC COORDINATION AND OUTREACH
i. Field public inquiries, correspondence, and complaints regarding the project.
Track and follow up on public correspondence and complaints. All project complaints are to be documented, tracked, and discussed at the weekly project meetings until resolution. Summary reports shall be provided to the Town on a monthly basis.
ii. Monitor and enforce the Contractor’s requirements for community notification and outreach.
iii. Provide the Town with timely project updates for posting on the Town’s project web-page and other social media posts.
1.12. PROJECT CLOSE-OUT – Administer and manage the project closeout process. The project completion activities shall follow Caltrans Construction Manual/LAPM and will include, but not be limited to, the following:
i. Schedule a walk through with the Town and other agency representatives and coordinate preparation of a “punch list” of incomplete or unsatisfactory items and submit the list to the contractor.
ii. Finalize bid items, claims, change orders, punch list items, and submittal corrections.
iii. Oversee completion of record drawings.
iv. Verify all operating and/or regulatory agency permits are obtained, and inspections are complied with and completed. Verify acceptance and approval of the project by all regulatory and permitting agencies having jurisdiction over the project.
v. Once all work is complete, deliver a statement to the Town indicating that the project has been completed in accordance with the project conditions of approval, project improvement plans, and the construction contract documents and recommend the Town accept the Project.
vi. Prepare Notice of Completion
vii. Provide the Town and State Representative with a post construction “Certificate of Compliance with Americans with Disabilities Act (ADA)” (TR0405) stamped and signed by the Consultant CM/RE California Licensed Professional Engineer per requirements in the Encroachment Permit issued for the project.
viii. Prepare the required Caltrans project closeout documentation and final reports.
ix. Finalize all project documentation and turn over all project electronic (and paper if applicable) files, photos, and reports in a neat and organized manner for Town archival purposes. Submit to the Town, the following close out items.
1. All files, records, maps, and plans maintained during construction.
2. All approved shop drawings, submittals, and manufacturer’s literature maintained during the construction project.
3. One complete set of annotated project progress photographs, bound chronologically, and videotapes taken before and during construction.
4. One set of red-line drawings of field changes in neat red pencil DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
ITEM NO. 10.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit A – Scope of Services Federal Project No. CML-5067(021) Page 6
maintained by the Consultant.
5. The original set of all permits, inspection reports, summaries, testing documents, meeting minutes, clarifications, schedules,
correspondence, and other documents related to the construction work as it was being installed.
6. A revised CAD drafted set of plans with all changes and/or substitutions incorporated accurately and completely and a recommendation the Town to accept the plan set as its Record Drawings.
7. Prepare final project reporting satisfying requirements of grant funding agencies.
8. Final DBE Utilization Report.
9. Final Expenditures Report.
DELIVERABLES:
o Construction Management Plan,
o Construction Meeting Agendas and Meeting Minutes,
o List of materials to be tested,
o Constructability review,
o One complete set of annotated project progress photographs, bound chronologically, and videotapes taken before and during construction,
o All Project Construction Records – organized in tabulated binders and electronically available in the cloud with download rights for at least 6 months after the contract close out, including:
o Required project close-out reports and certifications, signed and stamped by the CM/RE, as required,
o One set of red-line record drawings documenting any changes and/or substitutions that have been reviewed for accuracy and completeness, o A revised CAD drafted set of plans with all changes and/or substitutions incorporated accurately and completely and a recommendation the Town to accept the plan set as its Record Drawings,
o Final project reporting satisfying requirements of grant funding agencies, o Certificate of Compliance with Americans with Disabilities Act, o Final DBE Utilization Report, and
o Final Expenditures Report.
TASK 2. CONSTRUCTION INSPECTION
Services will include interpretation of and enforcement of Contractor’s conformance to the project plans, specifications, contract documents, grant funding agreements, and regulatory permits.
CM/RE will assess the acceptability of the Contractor’s work by visual observation, photo, and video documentation. When necessary, issue Notices of Non-Compliance and/or take other action to ensure correction of deficiencies. If safety violations are observed, take appropriate action to ensure correction. Manage requests for clarification, coordinate work with the design engineer as required, and manage the project changes (including change order preparation and coordination), evaluate contractor’s claims, and prepare progress pay estimates. Perform resident engineering and inspection duties including performing inspections, preparing daily observation reports, reviewing and documenting extra work reports, preparing weekly statement of working days to track project time, measure and track progress of work, coordinate construction quality control sampling and testing, confirm general conformance with project plans, specifications, contract and labor codes, permits and agreements, and all associated documentation and record keeping. Services are anticipated to be required for night/weekend DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
ITEM NO. 10.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit A – Scope of Services Federal Project No. CML-5067(021) Page 7
work and includes night/weekend work construction inspection.
Consultant shall provide sufficient inspectors with appropriate certifications and qualifications to adequately inspect all Contractors’ construction work. Provide field inspection of Contractor’s construction work on a daily basis. Review all construction activities and provide for inspection of all tests required to be performed by the Contractor or referenced in the Contract Documents.
Monitor the Contractor’s performance from the perspective of quality, cost, and schedule, and enforce the requirements of applicable specifications. Inspection reports and diaries of Contractor’s construction activities shall be completed daily and be available to the Town at any time. Compare notes with the Contractor’s representative at the end of each day to confirm work that was accomplished, and quantities placed.
All construction management, inspection, and related activities shall be completed as described in the Construction Management Plan (CMP) prepared by the Consultant and approved by the Town, including, but not limited to the following tasks:
2.1 FIELD INSPECTIONS – Shall include, but not be limited to, the following activities:
i. Perform field inspection of all improvements indicated on the plans and specifications.
ii. Report issues requiring City resolution immediately upon discovery. Notify the Town of any errors or omissions that are found on the plans or specifications during construction immediately after such errors are discovered. Properly inform the Town of field issues that may have cost or schedule impacts within a timely manner.
iii. Secure the Town's approval prior to authorizing extra work. Prepare time impact analysis for any changes in working days related to changed conditions.
iv. Review Traffic Control Plans and coordinate with Town Traffic Engineer and Town Project Manager.
v. Respond to questions from the public concerning the project work and schedule.
vi. Inspect tree protection, traffic control, and erosion control measures as often as necessary to assure activities meet with the project permits, regulatory requirements, and approved plans and submittals.
vii. Monitor and inspect existing structures, landscaping, and other improvements within the adjacent private properties for damage caused by the contractor’s operations.
viii. Ensure the safety of Consultant's own staff on the project site and collaboratively work with the Town and Contractor to promote site safety.
Provide notification to Contractor when contract provisions for the protection of the public and project personnel are not being followed. ix. Process Contractor substitution requests/review substitutions with Town. x. Maintain and ensure that as-built drawings and specifications are updated. xi. Manage project SWPPP program including QSP and/or QSD duties, as outlined in the State of California State Water Resources Control Board Storm Water General Permit.
xii. Monitor the Contractor's compliance with storm water pollution control plan documentation requirements and implementation of storm water Best Management Practices (BMPs).
xiii. Manage implementation of MMRP.
xiv. Perform nighttime inspections as necessary.
xv. Monitor and ensure implementation of the Contractor’s Quality Control plan, required testing and inspections.
2.2 DAILY/WEEKLY REPORTING - Prepare daily inspection reports and weekly statement of working days. Create and maintain daily DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
ITEM NO. 10.
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construction diaries and weekly statement of working days, document and log of activities of the work progress as required to be kept on file in accordance with practices required for the administration of federally assisted construction contracts and the LAPM, and as required for submittal to Caltrans upon project completion or audit.
Daily inspection reports shall be consistent with the Caltrans Construction Manual and shall include, at a minimum, the following daily information:
i. Number of employees working, classification of each employee, and hourly summary of employees' activity
ii. Material deliveries
iii. Number, type, and hourly summary of contractor’s equipment on site - both working and not used
iv. Weather conditions
v. Discussions with the contractor
vi. Problems and issues dealt with
vii. Changes
viii. Work completed that day
ix. Itemization of extra work
x. Any other information necessary to create a satisfactory record of the day's activities at the project site in accordance with standard inspection practice xi. Abnormal occurrences and unforeseen conditions shall be noted in the reports
xii. Document special situations by photograph, written record, and video
2.3 MATERIALS SUBMITTALS / SHOP DRAWINGS –Monitor on-site construction materials and ensure the materials incorporated into the construction of the project are consistent with the approved materials submittals, mix designs, certificates of compliance, Buy America provisions, and shop drawings.
2.4 PERMIT COMPLIANCE - Ensure Contractor's compliance with the requirements of the state and local agencies, including encroachment permits, regulatory permits, regulations, etc.
2.5 REQUEST FOR INFORMATION (RFI) - Review, coordinate, track, and respond to all contractor requests for information (RFIs) and responses. Issue necessary clarifications and interpretations of the contract project documents in response to requests by the contractor in a manner as described in the CMP.
2.6 CONSTRUCTION CONTRACT MODIFICATIONS - Contract Modifications include Extra Work, Contract Change Orders, and Claims. Evaluate, process, and manage all potential contract modifications, change orders, and notice of potential claims.
Evaluate cost reduction incentive proposals and provide recommendations to the Town. Track extra work costs in the field. Review cost proposals submitted by Contractor and negotiate and prepare contract change orders. Review all requests for merit, perform an independent estimate, and make recommendations to the Town for consideration. Complete all required documentation to process changes. Weekly reports to the Town shall include the status of any outstanding contract change orders and notices of potential claims. If the CM or field inspector receives a notice of claim from the Contractor, the CM shall immediately notify the Town and work toward a timely resolution of the claim with the Contractor. The Consultant shall support the Town in any post-construction completion dispute with the Contractor, rendering reasonable assistance, providing access to its records, but is not intended to require retention of independent experts.
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ITEM NO. 10.
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2.7 PROGRESS PAYMENTS – In coordination with the Contractor, Consultant shall agree on monthly Contractor progress payment requests detailing work installed during the specific pay period, including any approved contract modifications, extra work, or change order work. Consultant shall present progress payments to Town with a recommendation for processing with all required backup per the contract documents. Progress payment requests shall be in a form acceptable to the Town.
2.8 FINAL CONSTRUCTION PROJECT INSPECTION - Coordinate and consolidate final inspections and punch list for completion.
i. Organize final project site walk and prepare final punch list. Coordinate with contractor to ensure all outstanding project items are addressed prior to final completion.
ii. Assist in any Contractor claim analysis and dispute resolution. iii. Review the final record drawings submitted by the contractor at the completion of construction. Prepare correction memos for the contractor to perform record drawing revisions.
iv. Review the Contractor's red-line as-built plans and ensure that the red-line changes are incorporated by the design engineer into the final electronic version of the as-built plans. Coordinate submittal of the as-built plans to Caltrans and the Town.
v. Obtain and review any required operating manuals and warranties and submit to Town.
vi. Provide final inspection services, including testing and installed facilities. vii. In coordination with the Project Manager, prepare project reports to be submitted and approved by Town Council and attend meetings, as needed. viii. Prepare final progress payment per contract documents and obtain subcontractor’s releases as necessary.
2.9 DELIVERABLES:
o Daily project inspection diaries,
o Weekly statement of working days,
o Contact progress payment requests,
o Contract modification documentation, and
o Punch list and final project close out documents.
TASK 3. MATERIALS TESTING
Schedule, manage, perform, and document all field and laboratory testing services, including night and weekend work as needed. Material testing shall conform to the requirements and frequencies as defined in the Caltrans Construction Manual, Caltrans Materials Testing Manuals, and the Town Quality Assurance Program.
The Consultant will provide all required QAP and IAP materials testing through a Caltrans certified laboratory and shall schedule, coordinate, monitor, track and document all field and laboratory testing of soils, backfill, structural backfill, aggregate base, asphalt, concrete, and other testing as required by the contract documents and the Town and Caltrans Quality Assurance Programs. The Consultant must be qualified to obtain compliance with Caltrans Independent Assurance Manual and Caltrans Construction Manual. The Consultant shall provide Caltrans certified technicians as required to complete all testing work, and all laboratory facilities shall be Caltrans certified to perform the respective tests. The Consultant CM/RE will review results of tests and take the appropriate action in the field with the Contractor. All testing shall be tracked and documented by the Consultant, and copies of all test results shall be provided to the Town as DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
ITEM NO. 10.
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a part of the weekly reports. The Consultant shall work with the Contractor to resolve deficiencies or defective work.
Provide specialty material testing and source inspection and testing, if required, for materials and equipment manufactured off-site.
DELIVERABLES:
o Materials testing logs and test results
TASK 4. LABOR, DBE, FEDERAL TRAINEE COMPLIANCE
Consultant is responsible for reviewing Contractor weekly certified payrolls for compliance with State requirements. Consultant shall interview Contractor and Subcontractor employees and verify the payment of prevailing wage rates. Consultant shall review and update labor documents after each payroll period. Consultant shall assist with enforcing the requirements of the California Labor Code as they pertain to the project and consistent with the Caltrans Construction Manual.
Prepare a Labor Compliance Monitoring Report at the conclusion of the project.
Consultant will obtain proof and provide documentation of the Contractor’s compliance with the Federal Trainee Program.
Consultant shall work with Contractor to obtain and review the final DBE participation report and other documentation as required of federally funded projects.
DELIVERABLES:
o Compliance monitoring reports
o Final DBE Utilization report
TASK 5. SUPPLEMENTAL REPORTS AND SERVICES
Supplemental work items, reports, or services may be required for the completion of the project.
These services or subtasks may or may not ultimately be required by Caltrans, VTA, or the Town.
Should any of the services or subtasks be required, the Consultant will provide the required lump sum cost proposal for the work and upon Town’s approval, the Town will provide a written authorization to proceed with the subtask, with deliverables and lump sum payment identified.
There is no guarantee, either expressed or implied, that the services and costs shown for Task 5 will be authorized in full.
DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
ITEM NO. 10.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit B – Cost Proposal Federal Project No. CML-5067(021) Page 1
Town of Los Gatos - CONSULTANT SERVICES AGREEMENT (Continued) EXHIBIT B – CONSULTANT’S COST PROPOSAL
July 3, 2023
DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
ITEM NO. 10.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit C – Consultant DBE Contract Commitment Federal Project No. CML-5067(021) Page 1
Town of Los Gatos - CONSULTANT SERVICES AGREEMENT (Continued) EXHIBIT C – CONSULTANT CONTRACT DBE COMMITMENT
(CALTRANS EXHIBITS 10-O1 & 10-O2)
DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
ITEM NO. 10.
EXHIBIT B
DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
ITEM NO. 10.
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LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT Town Of Los Gatos 22%
Los Gatos, CA
Zoon Engineering, Inc.
Construction Inspection services Jaemin Park (925) 818-3756 [email protected] 22.08
22.08 03/08/2023
Nabil Hissen (925) 451-1585
CEO
41711
TLG 18-832-4505
CML -5067(021)
August 1, 2023
#1
07-03-23
Michelle Quinney 408-827-3552
Special Project Manager
EXHIBIT C
DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
ITEM NO. 10.
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE: 7. Total Contract Award Amount:
8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:
10. Description of Work, Service, or Materials
Supplied
11. DBE
Certification
Number
12. DBE Contact Information
13. DBE
Dollar
Amount
Local Agency to Complete this Section
14. TOTAL CLAIMED DBE PARTICIPATION
$ 20. Local Agency Contract
Number:
21. Federal-Aid Project Number:
22. Contract Execution
Date:
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
23. Local Agency Representative's Signature 24. Date
25. Local Agency Representative's Name 26. Phone
27. Local Agency Representative's Title
%
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.
15. Preparer's Signature 16. Date
17. Preparer's Name 18. Phone
19. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
July 23, 2015
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT Town of Los Gatos 22% Los Gatos, California Zoon Engineering $ 534,686.03 2 1220822.07
Construction Inspection services to be
proivded by Park Engineering, Inc. 41711
Jaemin Park (925) 818-3756
[email protected] $ 269,570.39
269570.39 18-832-4505(CM) CML-5067(021) 7/12/23 Michelle Quinney 408-827-3552 Special Projects Manager 22.08 7/22/20 Nabil Hissen (925) 451-1585 CEO Nabil Hissen Digitally signed by Nabil Hissen Date: 2023.07.11 14:42:31 -07'00'
08-01-23
EXHIBIT C
DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
ITEM NO. 10.
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant’s Name - Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.
8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants.
SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.
12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.
16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.
18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
22. Contract Execution Date - Enter the date the contract was executed.
23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.
24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.
26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.
July 23, 2015
EXHIBIT C
DocuSign Envelope ID: F2C6D6F1-1C15-4021-9C55-DD59BCAE728E Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458
ITEM NO. 10.
Amendment No. 3 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505
FIRST AMENDMENT
TO THE
AGREEMENT FOR CONSULTANT SERVICES
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD
CONNECTOR PROJECT 18-832-4505
This First Amendment to the Agreement for Consultant Services for the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project CIP No. 18-832-4505 that is dated for identification this __________day of ______________, 2025 (“FIRST AMENDMENT”) and amends that certain AGREEMENT FOR CONSULTANT SERVICES LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505 dated the 1st of August, 2023 by and between the Town of Los Gatos (LOCAL AGENCY) and Zoon Engineering, Inc. (CONSULTANT).
RECITALS
A. LOCAL AGENCY and CONSULTANT entered into an Agreement for Consultant Services Agreement on August 1, 2023, (“Agreement”), included herein as Exhibit A.
B. The LOCAL AGENCY desires to amend the Agreement to authorize the materials testing budget to be used to cover additional construction inspection work.
AMENDMENT
1. Article V – ALLOWABLE COSTS AND PAYMENTS, Task 3, Subsection C is hereby modified to read as follows:
C. The method of payment for Task 3 –Materials Testing of this AGREEMENT, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by AGREEMENT amendment. Any unused portion of the approved budget for Materials Testing, $265,115.64 shown in the Cost Proposal, can be used for additional work needed for Construction Management and Construction Inspection, at the sole discretion of the Town. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and AGREEMENT is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458 24th
July
ITEM NO. 10.
Amendment No. 3 to Consultant Services Agreement
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505
Paragraph “I,” of this article shall not be exceeded unless authorized by AGREEMENT amendment.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the LOCAL AGENCY and CONSULTANT have executed this FIRST AMENDMENT, effective as of the date first set forth above.
TOWN OF LOS GATOS by: CONSULTANT by:
_________________________ _________________________
Chris Constantin, Town Manager Nabil Hissen, CEO
Approved as to Form: Departmental Approval:
_________________________ _________________________
Gabrielle Whelan, Town Attorney Nicolle Burnham, Parks & Public Works Director Attest:
_________________________
Wendy Wood, Town Clerk
Docusign Envelope ID: 23669FB5-9646-416D-9149-AAC7DDE90458 7/24/2025
7/29/2025 7/25/2025
7/29/2025
7/30/2025
ITEM NO. 10.
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/16/2025
ITEM NO: 11
DATE: December 16, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve the 2026 Town Council Meeting Schedule RECOMMENDATION: Approve the proposed regular meeting schedule for 2026, with a modification to change the first meeting in November to Monday, November 2, 2026, to avoid conflicts with Election Day.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of the Town Council meeting schedule.
BACKGROUND:
Pursuant to Los Gatos Municipal Code Section 2.20.010, regular meetings of the Town Council are held on the first and third Tuesday of each month.
Each year, the Town Council adopts a meeting schedule to reflect planned changes, cancellations, or exceptions. Historically, this has occurred in June for the upcoming fiscal year.
To transition toward a calendar-year schedule, staff previously presented a meeting schedule for July through December 2025, with the understanding that the full 2026 meeting schedule (January through December) would be brought to Council for consideration in December.
DISCUSSION:
Since 2004, the Town Council has traditionally canceled its July meetings to allow for a summer recess. In 2005, the Town Council also decided to initiate the practice of canceling the first meeting in January due to reduced staffing levels during the annual year-end closure. The December meetings are typically held even if the second meeting falls close to the holidays.
The Council meeting schedule is adopted each year and includes any planned adjustments to regular meeting dates. In the past, schedules followed the Town’s fiscal year format (July
ITEM NO. 11.
PAGE 2 OF 2
SUBJECT: Approval of Town Council Meeting Schedule for 2026 DATE: December 16, 2025
through June). However, the proposed 2026 schedule reflects the shift to a calendar-year cycle, covering January through December. The first meeting in November conflicts with Election Day, therefore staff is proposing the meeting be held on Monday, November 2, 2026.
The attached draft schedule includes only the proposed regular meeting dates and does not include Council retreats, Board and Commission interviews, or special meetings, which will be scheduled as needed.
CONCLUSION:
Staff recommends that the Town Council approve the proposed 2026 regular meeting schedule, with any adjustments Council deems appropriate 2026.
COORDINATION:
This report was prepared in collaboration with the Town Manager’s Office.
ENVIRONMENTAL ASSESSMENT:
This item is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Town Council Meeting Schedule 2026
ITEM NO. 11.
TOWN COUNCIL
MEETING SCHEDULE
2026 CALENDAR YEAR
January 6, 2026 Regular Council Meeting CANCELLED
January 20, 2026 Regular Council Meeting
February 3, 2026 Regular Council Meeting
February 17, 2026 Regular Council Meeting
March 3, 2026 Regular Council Meeting
March 17, 2026 Regular Council Meeting
April 7, 2026 Regular Council Meeting
April 21, 2026 Regular Council Meeting
May 5, 2026 Regular Council Meeting
May 19, 2026 Regular Council Meeting
June 2, 2026 Regular Council Meeting
June 16, 2026 Regular Council Meeting
July 7, 2026 Regular Council Meeting CANCELLED
July 21, 2026 Regular Council Meeting CANCELLED
August 4, 2026 Regular Council Meeting
August 18, 2026 Regular Council Meeting
September 1, 2026 Regular Council Meeting
September 15, 2026 Regular Council Meeting
October 6, 2026 Regular Council Meeting
October 20, 2026 Regular Council Meeting
*November 2, 2026 Regular Council Meeting
November 3, 2026 Regular Council Meeting CANCELLED
November 17, 2026 Regular Council Meeting
December 1, 2026 Regular Council Meeting
December 15, 2026 Regular Council Meeting
* Monday meeting
All Council Meetings Listed on This Meeting Schedule Are Regular Meetings as Defined In Municipal Code Section 2.20.010 (Government Code Section 54954)
ATTACHMENT 1
ITEM NO. 11.
PREPARED BY: Cheryl Parkman
Human Resources Director
Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/16/2025
ITEM NO: 12
DATE: December 11, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-day Retiree Rehire Wait Period for Gitta Ungvari
RECOMMENDATION: Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Gitta Ungvari as the interim Administrative Services Director in the Finance Department.
FISCAL IMPACT:
It is anticipated that hiring Gitta Ungvari as the Interim Administrative Director will not result in any additional costs for the Town. As a retiree, she is not eligible for benefits associated with permanent employment aside from the Town’s Medicare contribution, and she will likely be working fewer than 40 hours per week.
The position is funded through the current Finance Department Budget, and the cost of staff time is already accounted for in the Finance Department Fiscal Year 2025/26 budget. While there may be a brief overlap between the new Administrative Services Director and Ms.
Ungvari in her role as Interim Administrative Services Director, the savings from not paying benefits are expected to result in a net-neutral or net-savings impact. The Town does not have an anticipated start date for the new Administrative Services Director.
STRATEGIC PRIORITY:
This action relates to the strategic priority to ensure prudent financial management, as continuity of services in the Finance Department and oversight into the Human Resources and Information Technology Department is critical, given the timing of the appointment in relation
ITEM NO. 12.
PAGE 2 OF 3
SUBJECT: Resolution for the California Public Employees’ Retirement System Retirement Plan for Gitta Ungvari
DATE: December 11, 2025
to the Fiscal Year 2026-27 Operating and Capital Improvement Plan budget proposals and deliberations.
BACKGROUND:
The Town has an existing agreement with the California Public Employees’ Retirement System (CalPERS) to provide its retirement program to employees. The CalPERS retirement program is governed by the Public Employees’ Retirement Law (PERL). PERL contains the rules and regulations that a contracting agency must adhere to related to the hire of a CalPERS retiree, referred to as a retired annuitant. PERL requires that a non-safety retired annuitant may not work for a CalPERS contracting agency unless the retired annuitant has been retired for at least 180 days (Gov. Code section 7522.56). In lieu of the 180-day wait period, an agency’s governing body may approve a resolution to waive the 180 days. PERL also requires that if a retired annuitant will be rehired into a vacant position while a recruitment for a permanent replacement is taking place, the governing body must approve a resolution appointing the retired annuitant as an interim employee [Gov. Code section 21221(h)].
DISCUSSION:
Gitta Ungvari has been employed as the Town of Los Gatos Finance Director since June 2022.
Recently, Ms. Ungvari provided her notice of intent to retire from the Town, with her last day of work to occur on December 30, 2025, resulting in a CalPERS retirement effective date of December 31, 2025. As a result of her retirement announcement, the Town created an Administrative Services Director classification.
The Town has entered into an agreement with the executive recruitment firm of Tristar Government Solutions for recruitment marketing and outreach. The recruitment opened on November 10, 2025. The typical span of the recruitment timeline to hire for an executive position is three to four months. The Administrative Services Director provides critical oversight and contributions to financial processes, audits, and required financial documents such as the Annual Comprehensive Financial Report and the annual Operating and Capital Improvement Plan budgets. To allow for this continued oversight as well as the transfer of important institutional knowledge to the new Finance Director, staff is requesting to rehire Ms. Ungvari as an Interim Finance Director until the permanent replacement is hired.
Before Ms. Ungvari can be hired as a retired annuitant, the Town Council must adopt a CalPERS resolution to allow staff to request that the reemployment begin earlier than the 180-day wait period and to appoint Ms. Ungvari as an Interim Administrative Services Director. A retired annuitant may be appointed in an interim position provided that there is an open recruitment to fill the vacancy, and the same individual may only be appointed to the vacant position one time. The rate of pay may not be less than or more than the current approved salary range for the vacant position. Also, a retired annuitant may not work more than 960 hours in a CalPERS
ITEM NO. 12.
PAGE 3 OF 3
SUBJECT: Resolution for the California Public Employees’ Retirement System Retirement Plan for Gitta Ungvari
DATE: December 11, 2025
fiscal year. The CalPERS fiscal year begins July 1 and ends on June 30. The tentative first day of employment as a retired annuitant for Ms. Ungvari is January 1, 2025, subject to CalPERS approval of the executed resolutions.
CONCLUSION:
Staff recommends that the CalPERS resolution to waive the 180-day wait period be adopted by the Town Council to allow the appointment of Gitta Ungvari to the Interim Administrative Services Director position while the recruitment for a permanent replacement takes place.
COORDINATION:
This report was coordinated with the Town Attorney’s Office and the Finance Department.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. CalPERS Resolution for 180-Day Wait Period Exception and Appointing Gitta Ungvari as Interim Administrative Services Director
2. Offer Letter to Gitta Ungvari
3. Recruitment Brochure for Administrative Services Director
ITEM NO. 12.
1 of 3
Resolution 2025 - xxxx December 16, 2025
ATTACHMENT 1
RESOLUTION 2025 -xxxx
GOV. CODE SECTIONS 7522.56 & 21221(H)
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS WHEREAS, in compliance with Government (Gov.) Code section 7522.56, the Town Council of Los Gatos must provide CalPERS this certification resolution when hiring a retiree before 180 days have passed since their retirement date; and WHEREAS, Gitta Ungvari retired from the Town of Los Gatos in the position of Finance Director, effective December 31, 2025; and
WHEREAS, Gov. Code section 7522.56 requires post-retirement employment to commence no earlier than 180 days after the retirement date, which is June 29, 2026, without this certification resolution; and
WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the Town Council, the Town of Los Gatos, and Gitta Ungvari certify that Gitta Ungvari has not and will not receive a Golden Handshake or any other retirementrelated incentive; and WHEREAS, an appointment under Gov. Code section 21221(h) requires that the retiree be appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the governing body has authorized the search for a permanent appointment on November 10, 2025; and
WHEREAS, the Town Council hereby appoints Gitta Ungvari as an interim appointment retired annuitant to the vacant position of Administrative Services Director for the Town of Los Gatos under Gov. Code section 21221(h), effective January 1, 2026; and WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end when the position is filled with a permanent employee; and
ITEM NO. 12.
2 of 3
Resolution 2025 - xxxx December 16, 2025
ATTACHMENT 1
WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the entire employment agreement, contract, or appointment document between Gitta Ungvari and the Town of Los Gatos has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms, or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $22,953.42 and the hourly equivalent is $132.4236, and the minimum base salary for this position is $17,002.50, and the hourly equivalent is $98.0914; and
WHEREAS, the hourly rate paid to Gitta Ungvari will be $123.0453; and WHEREAS, Gitta Ungvari has not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to this hourly pay rate; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby certify the nature of the appointment of Gitta Ungvari as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of interim Administrative Services Director for the Town of Los Gatos by January 1, 2026 because the position provides critical oversight and contributions to financial processes, audits, and required financial documents such as the Annual Comprehensive Financial Report and the Annual Operating and Capital Improvement Plan budgets.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of December 2025, by the following vote:
ITEM NO. 12.
3 of 3
Resolution 2025 - xxxx December 16, 2025
ATTACHMENT 1
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. 12.
TOWN OF LOS GATOS
Human Resources Department
(408) 399-5739 FAX: (408) 395-8640
ATTACHMENT 2
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
www.losgatosca.gov
December 1, 2025
Gitta Ungvari
REDACTED Letter emailed to: [email protected]
Dear Gitta:
Congratulations! The Town of Los Gatos is pleased to extend an offer of employment for the Interim Administrative Services Director in the Finance Department.
This position is temporary and contingent upon availability of work and funding. Your employment is estimated to last until the Administrative Services Director position is filled, unless extended or terminated earlier at the Town’s discretion.
Below is additional information related to your employment and other important information.
Job Title: Interim Administrative Services Director
Start Date: January 1, 2025
Employment Status: At-will, unbenefited, temporary/hourly Hourly Pay Rate: $123.0453
Please be aware of the following information related to your employment:
As a CalPERS Retired Annuitant, you are limited to working 960 hours in a fiscal year. The Town’s fiscal year runs from July 1 through June 30.
Your employment may be terminated at any time and is not subject to appeal. You are a non-exempt employee covered by the provisions of the Fair Labor Standards Act (FLSA). For FLSA overtime purposes, your work period begins at midnight on Sunday and ends seven consecutive days later at 11:59 p.m. on Saturday.
During your first week, you will receive a new employee orientation. You will be required to provide documents establishing identity and employment eligibility to work in the United States, as required by the Department of Homeland Security. More information about this process and your orientation will be emailed to you.
ITEM NO. 12.
If you have any questions about this offer letter, please contact Cheryl Parkman at (408) 354-6829 or [email protected].
Sincerely,
Cheryl Parkman
Human Resources Director
ACCEPTANCE OF TEMPORARY APPOINTMENT:
I accept the offer on the terms and conditions outlined.
Redacted
Signature (Gitta Ungvari) Date
ITEM NO. 12.
ADMINISTRATIVE
SERVICES DIRECTOR
The Town of Los Gatos, CA (Town) is seeking a skilled and articulate finance professional to serve as its next Administrative Services Director. This newly restructured executive position provides a unique opportunity to guide the Town’s financial strategy while also overseeing the Human Resources and Information Technology Departments.
While direct experience in HR and IT is desired but not required, this role offers an exceptional opportunity to broaden one’s professional portfolio beyond finance and gain meaningful executive-level exposure across organizational functions. With a collaborative executive team, a highly engaged community, and a Town Council deeply committed to fiscal sustainability, this position is ideal for a financial expert who excels at communicating complex technical information with clarity and purpose, helping bridge the gap between data, decision-making, and community understanding.
This is your opportunity to lead with purpose—apply today and help guide Los Gatos toward a sustainable and thriving future.
Salary: $204,000 - $275,000 DOE/DOQ
CLICK to
Apply by
Dec. 8!
C A R E E R O P P O R T U N I T Y
TOWN OF LOS GATOS, CA
ATTACHMENT 3
ITEM NO. 12.
33K APPROX.
POPULATION SIZE
15 CITY SQUARE
MILES
3K+ LOCAL
BUSINESSES
330
AVERAGE DAYS
OF SUNSHINE
The Town operates under a Council–Manager form of government and is recognized throughout the Bay Area for its professionalism, efficiency, and dedication to service. The Town Manager, appointed by the Town Council, oversees the daily operations of all Town departments and an 2025-26 annual expenditure budget of $80.6M.
The Town employs approximately 153 dedicated staff who deliver high-quality municipal services guided by the Town’s Core Goals:
Community Character, Good Governance, Fiscal Stability, Quality Public Infrastructure, Civic Engagement and Public Safety.
The Town’s leadership is committed to strategic, long-term financial planning and to maintaining structural balance while advancing the community’s vision. The Town Council’s 2025-2027 Strategic Priorities include strengthening fiscal stability, advancing emergency preparedness and resiliency, supporting housing opportunities, and fostering civic inclusivity.
Vasona Park
Los Gatos Theater
Nestled at the base of the Sierra Azules, just 50 miles south of San Francisco, the Town of Los Gatos, CA is one of the Bay Area’s most picturesque and desirable communities. Framed by the Santa Cruz Mountains and the Santa Clara Valley, Los Gatos blends historic small-town charm with the innovation and energy of Silicon Valley.
Home to approximately 33k residents, Los Gatos prides itself on being a welcoming, family-oriented, and safe community with exceptional schools, scenic open spaces, and a vibrant, pedestrian-friendly downtown listed on the National Register of Historic Places. With over 3k local businesses, the Town’s economy is diverse—ranging from technology and professional services to boutique retail and fine dining—providing both residents and visitors with a strong sense of community identity and quality of life. In its 2025 Community Survey, over 94% of residents rated Los Gatos as a good and excellent place to live and raise children.
Los Gatos enjoys a mild Mediterranean climate and a strong civic culture defined by collaboration, pride, and engagement.
Residents and local leaders share a deep commitment to preserving the Town’s distinctive character while fostering innovation, sustainability, and fiscal responsibility.
THE COMMUNITY
THE ORGANIZATION:
COUNCIL-MANAGER FORM OF GOVERNMENT
Town Website
Strategic Priorities
FY 25-26 Budget
CLICK BELOW
TO LEARN MORE:
Annual Comprehensive
Financial Reports
ITEM NO. 12.
The Administrative Services Department is central to the Town’s operational and strategic success, encompassing the Finance, Human Resources (HR), and Information Technology (IT) Departments. Together, these teams provide the internal systems, expertise, and resources that enable the Town to deliver high-quality, responsive public services.
To create greater alignment between administrative services and the Town’s overall strategy, vision, and organizational goals, the former Finance Director position has been restructured and elevated to the Administrative Services Director. This change reflects the Town’s commitment to integrating fiscal stewardship with organizational development and technological innovation.
The next Administrative Services Director will serve as both the Town’s Chief Financial Officer and the executive leader overseeing HR and IT, providing a unified approach to how the Town manages its people, systems, and resources. While the Town seeks a professional with strong expertise in local government finance and budgeting, this is a great opportunity for someone to increase their knowledge and skills in HR and IT as this individual will also play a key role in advancing organization-wide efficiency, collaboration, and modernization.
The department is supported by a capable and dedicated team, including experienced HR and IT Directors, positioning the next Administrative Services Director to set strategic direction, empower staff, and continue building a culture of excellence, collaboration, and continuous improvement.
THE DEPARTMENT
THE POSITION & FINANCIAL FOCUS
Reporting to the Town Manager, the Administrative Services Director serves as a key member of the executive leadership team and as the Town’s Chief Financial Officer, providing strategic oversight of the Finance, Human Resources, and Information Technology Departments. The Director will manage 4 direct staff (two of which are directors), with oversight of 14 total staff, and will play a central role in ensuring the Town’s long-term fiscal sustainability and organizational effectiveness.
This position offers the opportunity to lead a highly skilled and motivated team while shaping the Town’s financial future. The Administrative Services Director will develop sustainable financial strategies that align with Council priorities, strengthen fiscal resilience, and ensure transparent and easily digestible communication of financial realities to the Finance Commission, Town Council, and the community. While they will have a more technical focus on finance, the Director will be a strong leader that fosters collaboration across HR, IT, and Finance.
CLICK FOR DEPARTMENT ORG CHART
The Town’s Financial Focus
As the executive responsible for leading the Town’s annual budget development process, the Administrative Services Director will serve as both the technical finance expert and the strategic advisor who helps the Town Manager, Department Directors, and Town Council architect data-informed decisions that strengthen fiscal sustainability. The Town follows a disciplined and transparent fiscal framework guided by long-range forecasting and strategic use of reserves. Each year, the budget cycle begins in January with departmental kickoff meetings and concludes with Council adoption in June, following public review in May. The 2025–26 Operating Budget is $80.6M, with $22.7M in Capital Improvement Program (CIP) appropriations. The Town is currently addressing a projected $3.6M structural deficit, requiring innovative approaches to revenue generation, expenditure control, and organization-wide efficiency.
ITEM NO. 12.
MINIMUM QUALIFICATIONS
Any combination of experience and training that would likely provide the required knowledge, skills and abilities is qualifying.
A typical way to obtain the knowledge, skills and abilities would be a Bachelor’s degree in finance, accounting, public administration, business administration or a closely related field and six (6) years of increasingly responsible experience in governmental finances, preferably in a California municipality, including three (3) years of supervisory experience. A Master’s degree in Public Administration is desirable. The ability to communicate complex financial information in an easy-to-understand manner is strongly desired.
License and Certification (positions in this class may require one or more of the following): A California Driver's License and a satisfactory driving record are conditions of initial and continued employment.
Knowledge, Skills, and Abilities:
• Proficient in Microsoft Outlook, Word, Excel, and other common business applications. • Able to quickly learn and effectively use financial and reporting systems. • Skilled in analyzing and communicating complex financial information clearly.
The Town of Los Gatos is seeking a financial strategist and storyteller who is an accomplished local government finance professional bringing not only deep technical expertise, but also the ability to effectivly communicate complex financial concepts with clarity, precision, and impact.
The ideal candidate will be an expert communicator who can translate intricate financial information into meaningful narratives tailored for diverse audiences: Finance Commission members with strong private-sector backgrounds, Town Councilmembers seeking accessible and actionable insights, and community stakeholders who want to understand how fiscal decisions shape services and priorities. This individual will transform numbers into understanding which bridges the gap between technical data and strategic decision-making fostering transparency, confidence, and trust.
While a strong background in public-sector finance and budgeting is essential, experience in Human Resources and Information Technology is desired but not required. However, the successful candidate will bring an interest and openness to learning in these areas, viewing this role as an opportunity to broaden their executive skill set beyond finance. This is an exceptional opportunity for someone who ultimately aspires to serve as a Deputy City Manager, Assistant City Manager, or City Manager, and who is eager to develop a well-rounded leadership portfolio under an experienced Town Manager who values mentorship, development, and teamwork.
The successful candidate will be a strategic advisor, a collaborative partner, and an inspiring mentor who can be a leader guiding the organization through fiscal challenges with creativity and integrity while championing innovation, professional development, and cross-departmental collaboration.
THE IDEAL CANDIDATE
KEY UPCOMING CHALLENGES & OPPORTUNITIES:
Managing an external consultant-led financial analysis evaluating financial current and future conditions, performing 10-year projections, and determining impact of future housing developments which will inform a multi-year program to ensure longterm fiscal sustainability.
Optimization of the Town’s newly implemented ERP system (Tyler Munis Technologies).
Enhancing internal processes to improve efficiency, and streamline operations across the organization, and ensure adequate internal control.
Strengthening succession planning, empowering staff, and supporting professional development.
Advancing cross-departmental collaboration to align operations with the Town’s strategic goals.
ITEM NO. 12.
Salary: $204,000 - $275,000 DOE/DOQ
SALARY & BENEFITS
PLUS A GENEROUS BENEFITS
PACKAGE THAT INCLUDES:
TRISTARGOV SSoolluuttiioonnss
For first consideration apply
as soon as possible,
but no later than December 8, 2025 at:
The Town will be reviewing applications as they
are received and conducting rolling interviews
throughout the process. Candidates are
strongly encouraged to apply early, as the
Town may identify and select a finalist prior to
the application deadline.
SAVE THE DATES: The first round of in-person
interviews are scheduled for December 8 & 9. If
a hire is not made after the first round of
interviews and the interview of additional
candidates is needed, a second round of inperson interviews will take place on December 15 & 16.
QUESTIONS? Please contact your recruiter,
Sam Sackman, with any questions:
Email: [email protected]
Website: www.tristargovsolutions.com
Phone: 408-605-0790
www.tristargovsolutions.com/careers
Retirement: California Public Employees' Retirement System (PERS) defined benefit retirement plan. 2% @60 for "Classic" members and 2% @62 for new members as defined by PEPRA.
Subject to employee contribution. Both the Town and the employee contribute toward CalPERS retirement
contributions. The Town does not participate in Social
Security.
Healthcare: Town provides a generous employer contribution toward the purchase of medical, dental, and vision coverage; employees may waive coverage and receive cash-in-lieu up to $400/month.
Section 125 Flexible Spending Accounts: Voluntary pre-tax employee contributions up to $3,200 per year for health care expenses and up to $5,000 per year for dependent care
expenses.
Deferred Compensation: Voluntary 457 Deferred
Compensation Plan.
Income Protection: $50,000 Town-paid term life insurance coverage; short-term and long-term disability insurance.
Vacation: Up to 25 days accrual per calendar year (maximum balance of 500 hours); eligible for cash out 2x/year and at separation. Prior years of public sector service counted towards vacation accrual tier.
Management Leave: Up to five (5) days per year awarded at the end of the calendar year, as authorized by the Town Manager.
Personal Leave: Six (6) days per year.
Sick Leave: 12 days accrued per year.
Holidays: 12 designated holidays per year.
Cell Phone Stipend: $120 per month.
Tuition Reimbursement: $3,000 per fiscal year.
how to apply:
ITEM NO. 12.
PREPARED BY: Cheryl Parkman
Human Resources Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/16/2025
ITEM NO: 13
DATE: December 11, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-day Retiree Rehire Wait Period for Jose Reyes
RECOMMENDATION: Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Jose Reyes as extra help in the Police Department.
FISCAL IMPACT:
It is anticipated that hiring Jose Reyes as extra help in the Police Department will not result in any additional costs for the Town. As a retiree, he is not eligible for benefits associated with permanent employment aside from the Town’s Medicare contribution.
Funding for Jose Reyes’ extra-help position will be provided through remaining funds within the LGMSPD’s 2025 - 2026 Supplemental Law Enforcement Services Fund (SLESF) allocation. These funds are specifically intended to support front-line law enforcement services, including technology enhancements that improve operational effectiveness and public safety response.
STRATEGIC PRIORITY:
This action relates to the strategic priority of furthering the Town’s emergency preparedness, resiliency, and response capabilities.
BACKGROUND:
The Town has an existing agreement with the California Public Employees’ Retirement System (CalPERS) to provide its retirement program to employees. The CalPERS retirement program is
ITEM NO. 13.
PAGE 2 OF 3
SUBJECT: Resolution for the California Public Employees’ Retirement System Retirement Plan for Jose Reyes
DATE: December 11, 2025
governed by the Public Employees’ Retirement Law (PERL). PERL contains the rules and regulations that a contracting agency must adhere to related to the hire of a CalPERS retiree, referred to as a retired annuitant. PERL requires that a non-safety retired annuitant may not work for a CalPERS contracting agency unless the retired annuitant has been retired for at least 180 days (Gov. Code section 7522.56). In lieu of the 180-day wait period, an agency’s governing body may approve a resolution to waive the 180 days. PERL also requires that if a retired annuitant is placed into a role that is deemed for special projects or limited duration, the governing body must approve a resolution appointing the retired annuitant as an extra help employee (Gov. Code section 21224).
DISCUSSION:
Recently, Mr. Reyes provided his notice of intent to retire from the Town with his last day of work to occur on January 2, 2026, resulting in a CalPERS retirement effective date of January 3, 2025. Before Mr. Reyes can be hired as a retired annuitant, the Town Council must adopt a CalPERS resolution to allow staff to request that the re-employment begin earlier than the 180-day wait period and to appoint Mr. Reyes as extra help for the Police Department. A retired annuitant may be appointed in an extra help position should the position be of a limited duration to eliminate a backlog, work on a special project, or work that is in excess of what regular staff can do.
Mr. Reyes will be hired to complete multiple special projects in the Police Department that are time-sensitive, mission-critical public safety technology initiatives, all of which require advanced technical oversight, cross-agency coordination, and law enforcement-specific IT knowledge. These projects include the implementation of the Axon real-time crime center that will integrate surveillance technology, CAD/RMS, and external voluntary camera systems into a unified situation awareness platform. The Town will also be launching its first Drone as a First Responder Initiative that will help the Town deploy drones during emergency incidents. Mr.
Reyes will be managing the implementation and rollout of this project, which will include standard operating procedures, installing drone infrastructure, training pilots, and securing an FAA Part 107 certification. The third project will be leading the Next Generation 911 Transition for the Public Safety Answering Point Communication Center. This work will involve working with CalOES and state vendors to track contract developments, and facilitate transition planning, and ensure that the new system is compatible with other new systems the Police Department is deploying. These are three mission-critical projects that current staff do not have the capacity to undertake.
Also, a retired annuitant may not work more than 960 hours in a CalPERS fiscal year. The CalPERS fiscal year begins July 1 and ends on June 30. The tentative first day of employment as a retired annuitant for Mr. Reyes is January 5, 2026, subject to CalPERS approval of the executed resolutions.
ITEM NO. 13.
PAGE 3 OF 3
SUBJECT: Resolution for the California Public Employees’ Retirement System Retirement Plan for Jose Reyes
DATE: December 11, 2025
CONCLUSION:
Staff recommends that the Town Council adopt a Resolution to waive the CalPERS 180-day wait period and appoint Jose Reyes as extra help for the Police Department.
COORDINATION:
This report was coordinated with the Finance Department and the Town Attorney’s Office.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. CalPERS Resolution for a 180-Day Wait Period Exception and Appointment of Jose Reyes to an Extra Help position in the Police Department
2. Offer of Retired Annuitant Employment for Jose Reyes
ITEM NO. 13.
1 of 3
Resolution 2025 - xxxx December 16, 2025
ATTACHMENT 1
RESOLUTION 2025 -xxxx
GOV. CODE SECTIONS 7522.56 & 21224
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS WHEREAS, in compliance with Government (Gov.) Code section 7522.56, the Town Council of Los Gatos must provide CalPERS this certification resolution when hiring a retiree before 180 days have passed since their retirement date; and WHEREAS, Jose Reyes retired from the Town of Los Gatos in the position of IT Systems Administrator, effective January 3, 2026; and
WHEREAS, Gov. Code section 7522.56 requires post-retirement employment to commence no earlier than 180 days after the retirement date, which is July 2, 2026, without this certification resolution; and
WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the Town Council, the Town of Los Gatos, and Jose Reyes certify that Jose Reyes has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the Town Council hereby appoints Jose Reyes as an extra help retired annuitant to perform special projects and extra help for the Town of Los Gatos in the Police Department under Gov. Code section 21224, effective January 5, 2026; WHEREAS, the entire employment agreement, contract, or appointment document between Jose Reyes and the Town of Los Gatos has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms, or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
ITEM NO. 13.
2 of 3
Resolution 2025 - xxxx December 16, 2025
ATTACHMENT 1
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $17,077.92 and the hourly equivalent is $98.5264, and the minimum base salary for this position is $12,650.33 and the hourly equivalent is $72.9827; and
WHEREAS, the hourly rate paid to Jose Reyes will be $90.000; and WHEREAS, Jose Reyes has not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to this hourly pay rate; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby certify the nature of the appointment of Jose Reyes as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to provide help implement the Axon FUSUS platform for the real-time call center, along with the Axon Drone aerial surveillance and data program. Jose Reyes will also provide extra help for the Next Generation 911 Transition. This extra help is critical to the Police Department to support crime prevention and emergency response while the Police Department focuses on regional event support, federal certifications, and immediate public safety.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16th day of December, 2025, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ITEM NO. 13.
3 of 3
Resolution 2025 - xxxx December 16, 2025
ATTACHMENT 1
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 13.
TOWN OF LOS GATOS
Human Resources Department
(408) 399-5739 FAX: (408) 395-8640
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
www.losgatosca.gov
December 10, 2025
Jose Reyes
Redacted
Dear Jose:
Congratulations! The Town of Los Gatos is pleased to extend an offer of employment for the Project Manager (IT Manager) (Temporary/At-Will) position in the Police Department.
This position is temporary and contingent upon availability of work and funding. Your employment is estimated to last through June 30, 2026, unless extended or terminated earlier at the Town’s discretion.
Below is additional information related to your employment and other important information.
Job Title: Project Manager (IT Manager) (Retired Annuitant) Start Date: January 5, 2026
Employment Status: At-will, unbenefited, temporary/hourly Hourly Pay Rate: $90.00/hr.
Please be aware of the following information related to your employment:
As a CalPERS Retired Annuitant, you are limited to working 960 hours in a fiscal year. The Town’s fiscal year runs from July 1 through June 30.
Your employment may be terminated at any time and is not subject to appeal. You are a non-exempt employee covered by the provisions of the Fair Labor Standards Act (FLSA). For FLSA overtime purposes, your work period begins at midnight on Sunday and ends seven consecutive days later at 11:59 p.m. on Saturday.
ATTACHMENT 2
ITEM NO. 13.
During your first week, you will receive a new employee orientation. You will be required to provide documents establishing identity and employment eligibility to work in the United States, as required by the Department of Homeland Security. More information about this process and your orientation will be emailed to you.
If you have any questions about this offer letter, please contact Cheryl Parkman at [email protected]
Sincerely,
Cheryl Parkman
Human Resources Director
ACCEPTANCE OF TEMPORARY APPOINTMENT:
I accept the offer on the terms and conditions outlined.
Redacted
Signature (Jose Reyes) Date
ITEM NO. 13.
PREPARED BY: Cheryl Parkman
Human Resources Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/16/2025
ITEM NO: 14
DATE: December 11, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-day Retiree Rehire Wait Period for Janette Judd
RECOMMENDATION: Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Janette Judd as an Interim Executive Assistant to the Town Manager in the Town Manager’s Office.
FISCAL IMPACT:
It is anticipated that hiring Janette Judd as an Interim Executive Assistant will not result in any additional costs for the Town. As a retiree, she is not eligible for benefits associated with permanent employment aside from the Town’s Medicare contribution, and she will likely be working fewer than 40 hours per week.
This position is funded through the Town Manager’s Office, and the cost of staff time is already accounted for in the adopted Fiscal Year 2025/26 budget.
STRATEGIC PRIORITY:
This action does not relate to a strategic priority.
BACKGROUND:
The Town has an existing agreement with the California Public Employees’ Retirement System (CalPERS) to provide its retirement program to employees. The CalPERS retirement program is governed by the Public Employees’ Retirement Law (PERL). PERL contains the rules and regulations that a contracting agency must adhere to related to the hire of a CalPERS retiree,
ITEM NO. 14.
PAGE 2 OF 3
SUBJECT: Resolution for the California Public Employees’ Retirement System Retirement Plan for Janette Judd
DATE: December 11, 2025
referred to as a retired annuitant. PERL requires that a non-safety retired annuitant may not work for a CalPERS contracting agency unless the retired annuitant has been retired for at least 180 days (Gov. Code section 7522.56). In lieu of the 180-day wait period, an agency’s governing body may approve a resolution to waive the 180 days. PERL also requires that if a retired annuitant will be rehired into a vacant position while a recruitment for a permanent replacement is taking place, the governing body must approve a resolution appointing the retired annuitant as an interim employee [Gov. Code section 21221(h)].
DISCUSSION:
Recently, Ms. Judd provided her notice of intent to retire from the Town with her last day of work to occur on December 30, 2025, resulting in a CalPERS retirement effective date of December 31, 2025. Before Ms. Judd can be hired as a retired annuitant, the Town Council must adopt a CalPERS resolution to allow staff to request that the re-employment begin earlier than the 180-day wait period and to appoint Ms. Judd as the interim Executive Assistant to the Town Manager. A retired annuitant may be appointed in an interim position during the recruitment for a replacement. The Town opened the recruitment for the Executive Assistant to the Town Manager during the week of December 8, 2025.
The Executive Assistant to the Town Manager position provides critical support to the Town Manager, Assistant Town Manager, and Town Councilmembers, in addition to fielding constituent communications. This interim assignment is critically needed because the work will be essential to continue to help the Town Manager Office’s and Town Council provide services and support to the community. The rate of pay may not be less than or more than the current approved salary range for the vacant position. Also, a retired annuitant may not work more than 960 hours in a CalPERS fiscal year. The CalPERS fiscal year begins July 1 and ends on June
30. The tentative first day of employment as a retired annuitant for Ms. Judd is January 5, 2026, subject to CalPERS approval of the executed resolutions.
CONCLUSION:
Staff recommends that the Town Council adopt a Resolution to waive the CalPERS 180-day wait period and appoint Janette Judd as Interim Executive Assistant for the Town Manager’s Office.
COORDINATION:
This memo was coordinated with the Finance Department and the Town Attorney’s Office.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ITEM NO. 14.
PAGE 3 OF 3
SUBJECT: Resolution for the California Public Employees’ Retirement System Retirement Plan for Janette Judd
DATE: December 11, 2025
Attachments:
1. CalPERS Resolution for a 180-Day Wait Period Exception and Appointment of Janette Judd as the Interim Executive Assistant to the Town Manager
2. Offer of Retired Annuitant Employment for Janette Judd
ITEM NO. 14.
1 of 3
Resolution 2025 - xxxx December 16, 2025
ATTACHMENT 1
RESOLUTION 2025 -xxxx
GOV. CODE SECTIONS 7522.56 & 21221(H)
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS WHEREAS, in compliance with Government (Gov.) Code section 7522.56, the Town Council of Los Gatos must provide CalPERS this certification resolution when hiring a retiree before 180 days have passed since their retirement date; and WHEREAS, Janette Judd retired from the Town of Los Gatos in the position of Executive Assistant to the Town Manager, effective December 31, 2025; and WHEREAS, Gov. Code section 7522.56 requires post-retirement employment to commence no earlier than 180 days after the retirement date, which is June 29, 2026, without this certification resolution; and
WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the Town Council, the Town of Los Gatos, and Janette Judd certify that Janette Judd has not and will not receive a Golden Handshake or any other retirementrelated incentive; and WHEREAS, an appointment under Gov. Code section 21221(h) requires that the retiree be appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the governing body has authorized the search for a permanent appointment on December 8, 2025; and
WHEREAS, the Town Council hereby appoints Janette Judd as an interim appointment retired annuitant to the vacant position of Executive Assistant to the Town Manager for the Town of Los Gatos under Gov. Code section 21221(h), effective January 5, 2026; and WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end when the position is filled with a permanent employee; and
ITEM NO. 14.
2 of 3
Resolution 2025 - xxxx December 16, 2025
ATTACHMENT 1
WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the entire employment agreement, contract, or appointment document between Janette Judd and the Town of Los Gatos has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms, or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $10,689.92 and the hourly equivalent is $61.6726, and the minimum base salary for this position is $8,297.47, and the hourly equivalent is $47.8700; and
WHEREAS, the hourly rate paid to Janette Judd will be $61.6726; and WHEREAS, Janette Judd has not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to this hourly pay rate; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby certify the nature of the appointment of Janette Judd as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Executive Assistant to the Town Manager by January 5, 2026 because the position provides critical administrative support to the Town Manager, Assistant Town Manage, Town Council, and Los Gatos residents.
ITEM NO. 14.
3 of 3
Resolution 2025 - xxxx December 16, 2025
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16th day of December, 2025, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 14.
TOWN OF LOS GATOS
Human Resources Department
(408) 399-5739 FAX: (408) 395-8640
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
www.losgatosca.gov
December 8, 2025
Janette Judd
REDACTED Letter emailed to: [email protected]
Dear Janette:
Congratulations! The Town of Los Gatos is pleased to extend an offer of employment for the temporary Executive Assistant to the Town Manager in the Town Manager’s Office.
This position is temporary and contingent upon availability of work and funding. Your employment is estimated to last until the position of Executive Assistant to the Town Manager is filled.
Below is additional information related to your employment and other important information.
Job Title: Interim Executive Assistant to the Town Manager Start Date: January 5, 2026
Employment Status: At-will, unbenefited, temporary/hourly Hourly Pay Rate: $61.6726
Please be aware of the following information related to your employment:
• As a CalPERS Retired Annuitant, you are limited to working 960 hours in a fiscal year. The Town’s fiscal year runs from July 1 through June 30.
• Your employment may be terminated at any time and is not subject to appeal. • You are a non-exempt employee covered by the provisions of the Fair Labor Standards Act (FLSA). For FLSA overtime purposes, your work period begins at midnight on Sunday and ends seven consecutive days later at 11:59 p.m. on Saturday.
During your first week, you will receive a new employee orientation. You will be required to provide documents establishing identity and employment eligibility to work in the United States, as required by the Department of Homeland Security. More information about this process and your orientation will be emailed to you.
If you have any questions about this offer letter, please contact Cheryl Parkman at (408) 354-6829 ATTACHMENT 2
ITEM NO. 14.
or [email protected].
Sincerely,
Cheryl Parkman
Human Resources Director
ACCEPTANCE OF TEMPORARY APPOINTMENT:
I accept the offer on the terms and conditions outlined.
Redacted
Signature (Janette Judd) Date
ITEM NO. 14.
PREPARED BY: Chris Constantin
Town Manager
Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/16/2025
ITEM NO: 15
DATE: December 16, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Discuss, Consider, and Provide Direction to Modify the Town of Los Gatos Flag Policy for Town-Owned Flagpoles, Including Potential Future Display of the Pride Flag During LGBTQ+ Pride Month in June 2026
RECOMMENDATION: Discuss and provide direction on a preferred policy approach for modifying the Town’s Flag Policy to address commemorative flags.
FISCAL IMPACT:
There is no significant direct fiscal impact associated with policy adoption. There is a cost associated with the purchase and periodic replacement of commemorative flags and any necessary hardware. If Council ultimately directs a more extensive commemorative flag program (e.g., multiple flags at multiple locations throughout the year), staff may return with a more detailed estimate of workload and associated costs.
STRATEGIC PRIORITY:
Not Applicable.
BACKGROUND:
In 2016, the Town Council adopted a Flag Policy to document procedures for raising and lowering flags on Town properties. The policy was amended in 2018 to add detailed standards for the appearance of the official Town flag (Attachment 1).
Over the years, residents have approached the Town with requests to display flags that would signal support for particular cultural, civic, or community events. Past examples include a request to fly the flag of Ireland to recognize the Town’s Sister City relationship with Listowel
ITEM NO. 15.
PAGE 2 OF 8
SUBJECT: Discussion on Revising the Town’s Flag Policy
DATE: December 16, 2025
and to support the Los Gatos Irish Writers Festival. More recently, at the request of Mayor Rob Moore and accepted in accordance with the Town’s Agenda Setting Policy, staff were directed to agendize a discussion which included the consideration of displaying the Rainbow Pride flag in June 2026.
The adopted Flag Policy focuses on defining the official Town seal and Town flag, governing their use, and outlining procedures for raising, lowering, gifting, and trading Town flags. It specifies the required design of the seal and states that the Town flag consists of the color seal centered on a white field with the phrase THE GEM OF THE FOOTHILLS printed below. The policy also requires all flags on Town property to follow the United States Flag Code, including the President’s authority to order federal flags to half-staff and the Governor’s authority to issue state flag proclamations. Direction from the Town Mayor may set local flag status (e.g., lowering of the flags), and the Town Manager carries responsibility for day-to-day implementation and final application of federal and state declarations. The Town Manager may also authorize the gifting or trading of the Town flag.
The policy does not describe any process or criteria for displaying commemorative or symbolic flags. Its scope is limited to the official Town flag and procedures for managing the status of governmental flags. As a result, the current policy does not provide authorization for displaying non-governmental flags such as the Pride flag or any other commemorative flag. Any desire to display such flags would require a policy amendment that defines eligibility standards, approval procedures, timeframes for display, and the decision making authority for these actions.
The Town currently displays governmental flags and lowers flags in accordance with Presidential orders, as required by the United States Flag Code.
On June 17, 2025, then Vice Mayor Moore requested a future agenda item to be heard before December 31, 2025, to consider options for modifying the Town’s policy to allow the Pride flag to be displayed in June 2026. Mayor Hudes agreed, and the item is scheduled for Council consideration on December 16, 2025.
Staff’s role in this report is limited to presenting context, examples from other jurisdictions, and administrable policy structures. Staff do not advocate for or against any particular commemorative flag or any specific policy outcome.
DISCUSSION:
Federal and state law establish baseline requirements for governmental flag display, while leaving local agencies discretion to adopt their own policies for additional flags displayed on municipal property.
United States Flag Code
ITEM NO. 15.
PAGE 3 OF 8
SUBJECT: Discussion on Revising the Town’s Flag Policy
DATE: December 16, 2025
Title 4 of the United States Code (also referred to as the Flag Code) provides rules of etiquette and protocol for the display and handling of the U.S. flag. Relevant provisions include:
• Title 4, section 6 describes how the U.S. flag is to be displayed, including the requirement that it be illuminated if displayed at night. It also states that the flag should be hoisted briskly and lowered ceremoniously.
• Title 4, section 7 defines the order of precedence when multiple flags are displayed together, requiring the U.S. flag to occupy the position of superior prominence. • Title 4, section 7(m) authorizes the President to order the U.S. flag to be lowered to half-staff.
The Flag Code does not prohibit local governments from flying additional flags, nor does it require municipalities to display the U.S. flag, but when flown, federal protocol must be followed.
California Law
California Government Code Section 420 establishes that the official California State Flag must conform to state-defined specifications. State law does not limit a Town’s authority to authorize additional flags beyond governmental flags, provided that federal flag precedence is observed when governmental flags are flown. When the State flag is flown, it must be displayed in a manner that follows the general principles of flag precedence set out in the U.S. Flag Code.
California does not mandate a process for local commemorative flags. Cities, therefore, have discretion to adopt their own policies, provided they maintain compliance with applicable federal protocol when the U.S. flag is displayed.
Government Speech and Policy Design
Under the established First Amendment doctrine, when a municipality chooses messages to convey on its own property, including through the display of flags, it is engaging in government speech. In such circumstances, a city may decide which flags to display without creating a public forum for private expression, so long as it maintains control over the message conveyed.
However, the Town may inadvertently transform the flagpoles into a public forum in how it approaches authorizing flags on Town owned flag poles. Consequently, the Town Council should request legal guidance on any direction provided related to what can be displayed.
A brief search of sources to support how a local Town can approach discussing the Flag policy found that it is a good practice to consider
• Maintaining written policies governing municipal flagpoles. • Affirming the municipality’s intent to use flagpoles for government speech. • Identifying which flags are displayed as a matter of course.
ITEM NO. 15.
PAGE 4 OF 8
SUBJECT: Discussion on Revising the Town’s Flag Policy
DATE: December 16, 2025
• Establishing criteria for evaluating commemorative flags. • Avoiding opening flagpoles to general public use or case-by-case access without defined standards.
The Town’s current Flag Policy does not address commemorative flags and therefore provides no framework for decision making regarding non-governmental flag requests. Policies that allow case-by-case approvals without defined standards may be more vulnerable to being characterized as creating a public forum, which can limit the Town’s ability to decline future requests.
Examples from Peer Jurisdictions
The Town Clerk requested example Flag policies through a listserve with California City Clerks.
The request generated nine complete policy examples from cities in Northern and Central California. Taken together, these policies show a broad consensus on how municipal flagpoles are regulated.
Cities uniformly rely on the government speech doctrine, treat flagpoles as non-public forums, and limit displays to flags that the city itself intentionally chooses to express its own views.
Common elements across responding jurisdictions include:
• Flagpoles not open to public expression. Every respondent states that city flagpoles are reserved for government speech. Millbrae, Albany, Scotts Valley, Dublin, and Sunnyvale all expressly state that their poles are not available for public requests.
Chowchilla prohibits all commemorative flags other than limited military or event flags. • Council authorization required. Most jurisdictions require a Council resolution to authorize any commemorative flag. Some, like Scotts Valley and Albany, require that only a Council member may initiate the request.
• Strict limits on duration and location. Virtually all responding cities cap display periods at 31 days or fewer and designate one location (typically City Hall) for commemorative flag displays. Chowchilla and Tulare restrict commemorative flags more severely, limiting them to government, military, or sister city flags. • Clear ordering and placement rules. All policies maintain the United States flag at the highest position of honor, followed by the State flag, with commemorative flags placed below. These rules track federal and state flag codes reproduced in the Albany policy. • Content restrictions. Many policies prohibit flags associated with political parties, election outcomes, commercial entities, or religious movements to avoid any
ITEM NO. 15.
PAGE 5 OF 8
SUBJECT: Discussion on Revising the Town’s Flag Policy
DATE: December 16, 2025
appearance of endorsement. Scotts Valley and Millbrae both include explicit prohibitions of this kind.
In terms of their approaches to Pride and Other Commemorative Flags, the cities included the following:
• Annual Pride Month displays. Several cities now include the Pride flag among their formally authorized recurring commemorative displays.
o Millbrae includes Pride Month in its list of annually recognized commemorations. o Arroyo Grande authorizes an annual display of the Pride flag each June along with the Juneteenth flags.
o Sunnyvale has a long-standing practice of authorizing Pride Month and has expanded that practice to include the Transgender flag for the Transgender Day of Visibility.
• Case-by-case or restricted approaches.
o Dublin permits commemorative flags but requires Council initiation and limits the location to the Civic Center.
o Albany allows commemorative flags only when initiated by a Council member and approved by formal action.
o Scotts Valley takes a similar approach but narrows eligibility to commemorations aligned with its strategic goals and values.
o Chowchilla prohibits commemorative flags entirely, except for military and event use.
o Tulare allows only governmental, sister city, or ceremonial flags. o Union City authorizes additional flags only by Council proclamation and does not preapprove recurring commemorative flags.
Several jurisdictions expressly rely on Shurtleff v. City of Boston, 596 U.S. 243 (2022)(holding that, because Boston’s flag-raising program did not express government speech, Boston’s refusal to let petitioners fly their flag violated the Free Speech Clause of the First Amendment), to support their flagpole policies. In that case, the United States Supreme Court held that when a city exercises control over its flagpoles and determines which flags may be flown, the display constitutes government speech rather than private expression. Because government speech is not subject to the Free Speech Clause in the same way as public forums, the Court explained that a city may choose what messages to express and what messages not to express when using its own flagpoles. Arroyo Grande’s resolution cites this principle directly, stating that the Free Speech Clause “does not prevent the government from declining to express a view” and that choosing which flags to fly is a permissible governmental choice about how the city speaks.
ITEM NO. 15.
PAGE 6 OF 8
SUBJECT: Discussion on Revising the Town’s Flag Policy
DATE: December 16, 2025
Given that this case has implications for how municipalities structure flag display policies, any legal interpretation or application of Shurtleff to the Town’s circumstances should be referred to the Town Attorney for review and guidance.
Overall, the listserv responses demonstrate that cities typically establish controlled, Council directed commemorative flag programs, either narrowly limited or selectively expanded to include civic values such as Pride Month.
Policy Options for the Town of Los Gatos
The options presented below reflect different ways to align a future policy with the background and legal framework described above, and each option carries different implications for administration, symbolic expression, and legal clarity.
Option 1 – Commemorative Flag Policy with Council Authorization This option would establish a written Flag Display Policy that designates Town flagpoles as government speech, limits routine display to governmental flags, and allows the Town Council to authorize commemorative flags by resolution on a case-by-case basis. Such a policy would mirror practices widely adopted by peer jurisdictions. The Pride flag could be considered under this structure through a subsequent resolution. Consideration of any specific commemorative flag would occur only in accordance with the criteria and procedures established by the adopted policy.
Option 2 – Option 1 with Direction to Return with a Pride Flag Resolution This option would adopt the commemorative flag structure in Option 1 and simultaneously direct staff to return with a resolution authorizing display of the Pride or Progress Pride flag during June 2026. This option would establish a commemorative framework and, at the Council’s discretion, direct staff to prepare a proposed resolution concerning the display of the Pride or Progress Pride flag in June 2026.
Option 3 – Adopt a “Government Flags Only” Policy (No Commemorative Flags) Under this option, Town flagpoles would be reserved strictly for governmental flags. No commemorative or symbolic flags, including the Pride flag, would be displayed. Recognition of events or commemorations could continue through existing tools such as proclamations or Town-sponsored programming. This option offers administrative simplicity and ensures the flagpoles are reserved exclusively for official governmental representation.
Option 4 – Option 4 – Provide Direction and Refer a Draft Policy Back to Council Policy Committee with Direction
The Council may elect to provide high-level direction on policy elements and refer the matter back to staff or the Council Policy Committee for further refinement before adopting a final policy. This allows for a customized approach suited to Los Gatos.
ITEM NO. 15.
PAGE 7 OF 8
SUBJECT: Discussion on Revising the Town’s Flag Policy
DATE: December 16, 2025
Option 5 – No Action or Alternate Direction
Under this option, the Council would leave the current policy unchanged. Because the existing policy does not authorize commemorative flags, no nongovernmental flags could be displayed unless the policy were amended in the future.
In considering any policy change, it is prudent to view the context and analysis through the boundaries of how the policy is defined and can be implemented. Different jurisdictions adopting commemorative flag policies have experienced varying community responses, both supportive and critical. These variations highlight the importance of ensuring that any adopted framework is objective, consistently applied, and transparent. As such, the Council should weigh both the symbolic value of a commemorative-flag program and the importance of maintaining fairness, clarity, and community cohesion. A policy that limits non-governmental flags to those approved by the Town Council, for specified commemorative occasions, for limited durations, and under consistent placement rules, can preserve governmental control, reduce the risk of litigation, and provide a clear, transparent process.
At the same time, the Council should be aware that the display of commemorative flags, including the Pride flag, may be interpreted by some members of the community as the Town expressing a particular viewpoint. Such perceptions may arise regardless of the Town’s intent and have, in other jurisdictions, generated debate or requests for policy revision. Establishing objective, clearly defined criteria helps ensure that any future flag-display decisions remain consistent, transparent, and grounded in the adopted policy framework.
Given those considerations, the policy options above offer a spectrum from maintaining a strict “governmental-flag only” posture to a more inclusive commemorative-flag model. The Council’s preferred direction should reflect the Town’s values, administrative capacity, and desire for transparency and equity. If the Council desires caution, referral to the Council’s Policy Committee for further drafting may be the most prudent next step. If the Council is prepared to embrace symbolic recognition, adopting a Commemorative Flag Policy with Councilauthorized displays is a well-supported and commonly accepted approach.
COORDINATION:
This staff report was coordinated with the Town Attorney and the Town Clerk.
ENVIRONMENTAL ASSESSMENT:
Consideration and potential adoption of a flag display policy constitutes an administrative action that does not involve construction or physical changes to the environment. Under California Environmental Quality Act (CEQA) Guidelines section 15378(b), adoption of internal governmental policies is not a project. Alternatively, the action is exempt under CEQA
ITEM NO. 15.
PAGE 8 OF 8
SUBJECT: Discussion on Revising the Town’s Flag Policy
DATE: December 16, 2025
Guidelines section 15061(b)(3), as it can be seen with certainty that no environmental impact will result.
CONCLUSION:
The display of flags on Town-owned flagpoles carries symbolic significance and must conform to federal and state legal requirements. The United States Flag Code and California law establish procedural obligations when governmental flags are displayed and provide local governments with substantial discretion regarding any additional commemorative flags. Courts and professional guidance emphasize that municipalities should adopt clear written policies that designate flagpoles as expressions of government speech and define which flags may be displayed.
The Town Council has several viable policy paths, ranging from permitting commemorative flags through a defined Council approval process to limiting municipal flagpoles exclusively to governmental flags. Each of these policy paths is permissible and commonly used by municipalities, and none presumes or precludes future consideration of any specific commemorative flag. Direction from the Council will determine whether staff should prepare a commemorative flag framework, a government-flags-only policy, or a blended approach, and whether staff should return with a specific resolution authorizing display of the Pride or Progress Pride flag during Pride Month in June 2026.
Attachments:
1. Town of Los Gatos Flag Policy
ITEM NO. 15.
TITLE: Flag Policy
EFFECTIVE DATE: 10/ 19/ 16
PURPOSE
POLICY NUMBER: 5 -02
REVISED DATES: 9/ 4/ 18
This Policy provides guidelines for the official appearance and colors of the Town flag and Town seal as well as guidelines for gifting or trading the Town flag. This Policy also provides direction for when to lower flags to half -staff and to raise flags flown on Town properties.
SCOPE
The Policy applies to all Town flags and Town seals as well as Town staff, volunteers, and residents managing flags flown on Town properties.
POLICY
TOWN SEAL
The official Town seal shall be in a circular format with a golden outer ring. At the top of the outer ring, bold -face, upper -case, black letters shall read ' TOWN OF' while similarly written letters at the bottom read ' LOS GATOS'. At the bottom and inside the outer ring, smaller, upper -case, regular -face, black letters read ' INCORPORATED 1887' against a white background.
The central image features a golden sun radiating narrow golden rays against a white sky peaking out from behind dark and light green mountains. The foreground displays nine rows of dark and light green grape vines on light brown earth. Flanking each side of the central image are two large white cats outlined in black. The cats are modeled after those which guard the entrance to " The Cats' estate just south of Town, sculpted from cement by Robert Trent Paine in 1922.
ITEM NO. 15.
TITLE: Flag Policy PAGE: I
POLICY NUMBER:
2 of 3 5 -02
There is also a black and white version of the color Town seal, which is acceptable for use.
TOWN FLAG
r _
The official appearance of the Town flag shall feature the color Town seal, centered, on a white background. Directly below the seal shall read, in bold- faced, upper -case, dark green letters THE GEM OF THE FOOTHILLS'.
LOWERING AND RAISING THE FLAG
The Town of Los Gatos will adhere to the United States Flag Code, along with the California Governor' s and the Town of Los Gatos Mayor' s discretion on flag status for all flags on Town property.
For background, Title 4, Section 7 of the United States Code describes the United States Flag Code and the President' s authority. This Code specifies that only the President can order federal flags to half -staff. The Code also indicates that state governors have the authority to issue flag status proclamations. The Town will follow this Code and the Mayor' s discretion when managing the Town' s flag procedures.
PROCEDURES
The Town flag may be gifted or traded upon approval from the Town Manager.
The procedures for lowering and raising flags on Town property are as follows.
1. The Town Council will establish the Flag Policy. The Town Manager and his or her designee will provide direction for flag status, and act as the final authority for the application of the policy according to federal and state declarations.
ITEM NO. 15.
TITLE: Flag Policy PAGE: POLICY NUMBER:
3 of 3 5 -02
2. The Town Manager' s Office is responsible for the day -to -day operation of administering direction for flag status.
APPROVED AS TO FORM:
Robert Schultz, Town A orney
ITEM NO. 15.
PREPARED BY: Jen Fosco
Senior Services Coordinator
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/16/2025
ITEM NO: 16
DATE: December 16, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve the Senior Services Roadmap Update and Next Steps RECOMMENDATION: Approve the report on Senior Services Roadmap Update and Next Steps, and provide any direction.
FISCAL IMPACT:
Approving the report itself does not have an immediate fiscal impact. However, in order to implement some next steps, funding may be required, which would be addressed in future budget cycles.
STRATEGIC PRIORITY:
This item is aligned with the strategic priority to meet the needs of older adults.
BACKGROUND:
In 2023, the Senior Services Roadmap (Roadmap) was prepared by the Senior Services Committee, which consisted of Council Members, Community Health and Senior Services Commission (CHSSC) commissioners, and various other service providers and volunteers from the Los Gatos Community. The report was endorsed by the Town Council in 2023.
With grant funding from the County of Santa Clara, a Senior Services Coordinator was hired by the Town of Los Gatos to assist with the goals of the Roadmap, including assessment of programs and gaps, Town capabilities and limitations, and other factors.
ITEM NO. 16.
PAGE 2 OF 2
SUBJECT: Senior Roadmap Update and Next Steps
DATE: December 16, 2025
DISCUSSION:
The Senior Service Coordinator(s) have spent the last several months working with the Town, members of the community, and the CHSSC to assess the goals of the Senior Roadmap. As the term of the Senior Service Coordinator ends in December 2025, the Senior Services Roadmap Update and Next Steps report (Roadmap Update) is coming forward as the culmination of their work, outlining progress and next steps for the Senior Roadmap based on their assessment.
The Roadmap Update will be reviewed and discussed by the CHSSC at the December 11, 2025, meeting. Updates from this discussion will be shared with the Town Council.
As shown in the Roadmap Update, there are several measures that are already being done by service providers in our community. There are other elements that are more appropriate to be done by third parties and not the Town directly, or that the Town cannot complete due to bandwidth, budget, or expertise constraints. However, the Town is fortunate to have a strong network of service providers to meet many of these needs. The suggested next steps take into consideration these factors to help the Town move forward in an efficient manner.
CONCLUSION:
Staff looks forward to Council’s discussion, including consideration of any recommendations from the CHSSC. Approval of next steps will help shape the near-term direction of the Town in implementing the Roadmap.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Proposed Senior Roadmap Update and Next Steps
ITEM NO. 16.
1 Senior Services Roadmap
Update and Next Steps
Prepared by
Jen Fosco, Senior Services Coordinator
December 2025
ATTACHMENT 1
ITEM NO. 16.
2 Introduction
In 2023 Senior Services Roadmap was prepared by the Senior Services Committee, which consisted of Council members, CHSSC commissioners, and various other service providers and volunteers from the Los Gatos Community. The report was endorsed by Town Council in 2023.
Goal 1: Appealing & Inviting Facility
F1: Needs Analysis
• Completed by Los Gatos Thrives Foundation (LGTF)
F2: Fundraising
• Ongoing Project of LGTF
F3: Optimize Existing Space
• Conducted by Town and Los Gatos Saratoga Recreation (LGSR):
Rotational partner space, large hall divider, and safety lighting improvements implemented.
Other improvements are still underway. Los Gatos Saratoga Recreation (LGSR) is currently providing a variety of programing in the current Adult Recreation Center (ARC) for over 1000 members.
Projects on hold until F2 is complete or other funding is identified:
F4: Community Facility Direction
F5: Community Facility Design
F6: Community Facility Construction
F7: Community Facility Operations
Next Steps for the Town:
Maintain and optimize the existing facility as a warm and inviting location. Continue lease agreement between the Town and LGSR to ensure continuation of 55+ Program programing at the ARC.
Other next steps would be pending completion of F2.
Goal 2: Core Senior Services
S1: Support the Continuation of Social, Educational, Healthy Living & Meal Services for Older Adults
• LGSR continues to run the 55+ Program and offers a full calendar of diverse programming.
• The CHSSC has provided input to the Town regarding the 55+ Program and the lease agreement.
• The Live Oak Nutrition program continues to operate.
ITEM NO. 16.
3 • West Valley Community Services has its Park-It Market (grocery pick up) twice a month at the Library.
• LGSR continues to manage the HUB, making it a user-friendly online resource for Seniors. Community members can make recommendations to changes or improvements through an easy form linked on the main page. • The Town would like to promote the HUB as the central location for senior information and is looking for partners to cross-promote this resource so the community and clients of all providers can be better connected and informed.
S2: Support Re-establishment of Adult Day Services (Complete) • Live Oak Adult Day Services continues to operate, supporting seniors, caregivers, and families. They consistently have no waiting list, and do not have a need for expansion at the Los Gatos location at this time.
S3: Support Continuation of Other core Services in Los Gatos by Community Organizations • The community and service providers can continue to advocate for senior services, unhoused services, and senior case management. • The Town is currently supporting West Valley Community Services (WVCS) in a request through Congressman Liccardo’s Office to fund a mobile navigation center van that would provide case management and other support to West Valley Cities.
• The Senior Services Coordinator, LGSR, and the CHSSC have worked on the HUB to provide information on Senior Services including medical, housing, education, mental health, caregiver support, legal services, tech support, fall prevention programs, transportation and many other community resources. • Any mentorship program coordinating seniors would need to be run by a community group or service provider.
S4: Support CHSS Commission Objectives to Establish a West Valley Health Clinic with Mental Health Services
• The County of Santa Clara Behavioral Health Services (BHS) is the lead agency to support the establishment of mental health clinics. The County also contracts with local non-profit organizations that provide mental health services and serves as the Mental Health Plan for County Medi-Cal recipients. https://bhsd.santaclaracounty.gov/services-group/adult-and-older-adult • The Town is unable to dedicate resources to pursuing a new West Valley Health Clinic or to monitor initiatives/grant opportunities. Interested community members and service providers should connect directly with the County. • The County has a Behavioral Health Board composed of community members at large, clients and family members of clients using the behavioral health system.
Any member of the community or the CHSSC could attend these meetings and report on relevant updates to the CHSSC.
https://bhsd.santaclaracounty.gov/behavioral-health/behavioral-health-board • BHS has an Outpatient Provider Directory (Mental Health) that includes serviceproviders (AACI, Gardner, etc.), doctors., etc., that offer treatment and support.
Additionally, Care Solace contracts with Los Gatos Union School District to assist students and their families in connecting to mental health services in Santa Clara County. https://bhdservices.sccgov.org/
ITEM NO. 16.
4 • BHS continues to have drop-in navigation hours at the Los Gatos Library every Tuesday.
S5: Expand the Use of Parks, Community Gardens and other Facilities • LGSR continues to provide recreation in local parks. In order to implement exercise programs in parks or Town Plaza, LGSR would require a subsidy or nocost model for parks/Town Plaza use. • Any new community gardens, cluster seating or park improvements are subject to the CIP process and are not in the current budget.
• Currently, due to budget constraints the Pinehurst Community Garden is a Tier 2 project that is currently not funded this year. Should the project be funded in the future, staff will engage the CHSSC for input as appropriate.
S6: Health and Welfare Assessment
• Assessment of senior services is described further in Goal 7. • The County Department of Aging and Adult Services is responsible for reviewing the welfare safety net status for older adults and is the best source for this information. https://ssa.santaclaracounty.gov/departments/department-agingand-adult-services Next Steps for the Town:
Continue to engage community service providers to meet the needs of older adults. Continue to receive input from community service agencies and the CHSSC regarding core senior services.
At such a time that the community garden becomes funded, staff will engage the CHSSC for input as appropriate.
The CHSSC can support these efforts by staying informed on Behavioral Health Board meetings and sharing the information they learn with staff and each other. CHSSC members, in their personal capacity, could explore and participate in existing programs and report back on their experiences and needs identified. (This would be done as a participant or observer, not as an auditor or person with authority over these programs.)
Goal 3: Communications and Engagement
C1: Information HUB Development and Deployment
• The HUB is up and running, administered by LGSR, including a feedback option for the community to suggest edits/updates.
https://forms.office.com/pages/responsepage.aspx?id=_8kdgvOgRkOHLMwiKcE4 JLjvdLYww_BJhaUeO2pLX5lURDhRMkZIODFBUzVXMFRTR1VSUkExVFRGNi4u • Other major updates, redesigns or mobile apps are not contemplated at this time due to bandwidth/expertise constraints. The HUB is a successful tool,
ITEM NO. 16.
5 demonstrated by data, over 5,500 times this calendar year. Links to video tutorials can be included on the HUB if provided by the service provider. • The HUB is promoted through the LGSR 55+ Program as a Senior resource guide.
HUB information cards are distributed to service providers in the community, and the Town provides HUB cards at the ARC, Library, Town Hall, and CHSSC meetings in Town Chambers. Any merchant or service provider who would like to be listed on The HUB can reach out to LGSR 55+ at the above link. • The Town would like to promote the HUB as the central location for senior information and is looking for partners to cross-promote this resource so the community and clients of all providers can be better connected and informed.
Staff is communicating this to partners and providing additional Hub Cards. The CHSSC’s continued support by promoting the HUB to providers and community members is invaluable.
• The Library currently provides one-on-one Tech Tutoring to help with laptops, phones, tables, and technology issues every Tuesday from 3:00 to 4:30 p.m. The Library also provides monthly Tech Workshops on a wide variety of technology topics. Past topics have included topics such as tips and tricks for booking travel online, how to save and share photos with family members, how to use AI tools, how to recognize online scams, how to use a 3D printer, and more. Please check the library event calendar for times and topics:
https://losgatosca.libcal.com/calendar?cid=11830&t=g&d=0000-00- 00&cal=11830&inc=0.
C2: Promotion of Community Awareness and Engagement in Services • The Town is actively promoting the HUB and will be working with service providers to cross-promote as described in C1. The West Valley Service Provider Network is a key way for providers to engage/cross-promote/collaborate. • The Town joined AARP Network of Age-Friendly Communities. • The Town will continue to promote Town related events and LGSR promotes their events. A broader community calendar/promotions would need to be taken up by a third party or the service providers directly.
C3: Events Calendar
• The Town has an Events Calendar on the home page of its website that highlights meetings and local events.
• LGSR prepares a monthly newsletter, The PRINT, which promotes future events, and highlights past events by telling stories and summarizing the activity. • APIs and a mobile app are not feasible for the Town but a community group or service provider could develop such a tool/resource.
C4: Provide and Engage Older Adults in Social, Healthy Living, and Life Learning Skills Activities
• LGSR will continue to promote it monthly activities via The Print, their website and in-person to member when they visit the ARC.
• LGSR is constantly assessing their program and working on ways to increase engagement and adjusts programing to ensure relevance.
ITEM NO. 16.
6 • Los Gatos Thrives Foundation currently promotes and manages well-attended Monday Movies on the first Monday of the month at the Los Gatos Theatre. • The Town and other agencies publicize their services, programs and events through their websites and social media, advertising and newsletters. The HUB is also a resource for this.
• West Valley College’s Senior Guided Pathways program provides support to older adults (50+) in the areas of education (including technology), aging and job training. https://www.westvalley.edu/schools/continuingeducation/sascc/index.html • Nutrition and food services are provided by providers such as Live Oak Nutrition and West Valley Community Services.
• LGSR and the Jewish Community Center offer nutrition/food classes. https://apjcc.org/fitness1/services/
• Multigenerational programs and additional training classes can be added to the HUB if they are available in the community.
• A Distinguished Guest Lecture program would need to be put on by a service provider.
C5: Transition to In-person Services at New Community Center (On hold pending Goal 1) • LGSR provides robust programing which includes social, educational, emotional support, recreation and field trips. Offering up to seven different activities per day, recreation and socialization programming at the ARC is successful and has a membership of over 1,000. LGSR is also continuing the Town’s pilot of dedicating at least one room to service providers for direct service provision.
Next Steps for the Town:
Continue to communicate with seniors to promote services, resources and events to feel a sense of belonging.
Continue to promote the HUB, including providing resource cards. Continue to publicize Town and official 55+ events as appropriate through the official Town of Los Gatos channels.
The CHSSC can support these efforts by continuing to promote the HUB in the community and identifying additional resources to suggest for the HUB.
Goal 4: Volunteer Support and Engagement
V1: Establish Volunteering Task Force
• The CHSSC created a Goal 4 Task Force, currently led by Vice Chair Sterne.
V2: Recruit and Build a Volunteer Community
ITEM NO. 16.
7 The Goal 4 Task Force, through LGTF/WVSP and a community volunteer (Volunteer Coordinator), are planning to prepare a volunteer interest/contact list – and will prepare periodic (i.e., monthly, every other month, etc.) announcements/email notifications to promote local volunteer opportunities.
Potential volunteers would then reach out to the service provider directly to engage. This will initiate an organized system to recruit volunteers in local, volunteer roles and a link to join the contact list can be provided on the HUB.
Once volunteers are placed, they can discuss other opportunities, like specialized roles based on unique skill sets.
While the LGTF/WVSP volunteer coordination could expand and evolve, attending events to recruit volunteers would be dependent on the service providers conducting this activity.
The type of volunteer opportunities would be dependent on the service providers providing the opportunity.
V3: Establish a Volunteer Corps- Refer to V2.
• The current focus is to establish the volunteer coordination system in V2 and future management/tracking of volunteers/referral process/ambassador volunteer program (C2)/technology solutions/volunteer social events would be up to the discretion of LGTF/WVSP or other service providers if it is feasible. • A senior mentorship service would need to be run by a community group or service provider.
Next Steps for the Town:
Once a volunteer coordination newsletter is created through LGTF/WVSP, the Town will work with LGSR to get a link on the HUB so interested parties can sign up to receive the notifications.
The CHSSC can continue to support by promoting the volunteer coordination newsletter and encouraging volunteers to support the administration of the newsletter.
Goal 5: Enhanced Transportation Options for Older Adults T1: Implement and Promote Transportation Awareness and Use • The CHSSC Goal 5 task force regularly attends the Complete Streets and Transportation Commission (CSTC) meetings.
• The 2024/2025 Age Friendly Survey and the 2022 CASOA survey were completed by hundreds of Los Gatos residents who gave feedback and ideas related to public transit. Stakeholders can stay engaged through the Age Friendly Survey and Action Plan process to share ideas on how to further promote transportation programs in the west valley area.
https://ssa.santaclaracounty.gov/departments/department-aging-and-adultservices/seniors-agenda
ITEM NO. 16.
8 • Parks and Public Works staff pursue grants as appropriate and as bandwidth allows. There is not enough bandwidth to assess all County, state, and federal master plans and grants but staff stays connected regionally to stay updated on the relevant aspects.
• Individuals can visit the Town of Los Gatos website to use the Interactive General Plan website to review Chapter/Section 5 (Mobility Element) to review the various implementation programs and timelines.
https://www.losgatosca.gov/2138/General-Plan.
• VTA has an open data portal which can inform on historical ridership, congestion management, active transportation, etc.: https://data.vta.org/ • Community members, including the CHSSC Goal 5 Task Force, can stay informed on VTA activities by viewing meetings and agendas.
https://www.vta.org/about/board-and-committees.
• The VTA Senior Mobility Guide, and other transportation information, is currently available on the HUB. https://www.vta.org/sites/default/files/2022- 03/Senior%20Mobility%20Guide%202022.pdf
• The Town of LG assesses ADA needs in parking lots on an ongoing basis. If there is a compliance need it is addressed either by maintenance or through the annual concrete process. Feedback regarding this issue can be submitted to the Town Public Works department.
https://www.losgatosca.gov/FormCenter/PPW-15/Report-a-Parks-Public-WorksConcern-87. • Silicon Valley Bicycle Coalition promotes bicycle safety, training, and repair.
Community groups can connect with the Silicon Valley Bicycle Coalition to learn about bicycle safety, repair, commuting, etc. https://bikesiliconvalley.org/learnride/learn. • Developing “Transportation Los Gatos” software given bandwidth and expertise; this may be more appropriate as a regional initiative.
T2: Advocate for an Age-Friendly Walking Plan
• The CHSSC can continue to coordinate with CSTC as the lead advisory Commission. Projects will be subject to the CIP process. The Bicycle & Pedestrian Master Plan may be a useful resource. https://www.losgatosca.gov/2347/Bicycleand-Pedestrian-Master-Plan • An Age-Friendly Accessible walking track or any other walking paths would be subject to the CIP process. The Los Gatos High School track is open for walking on weekday mornings from 6:00am-8:00am and evenings when school activities are not taking place. LGHSD is working on ways to open the track to the public on weekends.
• Town staff actively evaluates signs and markings, in collaboration with the LGMSPD, to make sure our public areas are safe and accommodating to all users. • It is not currently feasible to conduct a “senior safety zone study”, but the Town cares about safe walking routes for all citizens, including Seniors. Feedback regarding walking safety can be addressed with Parks and Public Works department at https://www.losgatosca.gov/FormCenter/PPW-15/Report-a-ParksPublic-Works-Concern-87.
T3: Expand Mobility Options – Including Evenings and Weekends
ITEM NO. 16.
9 • The RYDE program is currently operating per the schedule it has capacity for, and the Town does not have the resources to operate its own Town shuttle. • The VTA Mobility Assistance program is designed to address transportation gaps/barriers for priority communities like older adults, individuals with disabilities, etc. The program partners with programs like Catholic Charities and Silicon Valley Independent Living Center to support residents through the application process. https://www.vta.org/programs/access/mobility-assistanceprogram. The VTA collaborates with LGSR to offer the Ride and Taste Los Gatos, and the Daycation programs, which encourage seniors to try public transit. • The VTA Access program provides ride/shuttle service to eligible individuals with disabilities who cannot use conventional public transit (i.e., bus, light rail, etc.) https://www.vta.org/programs/access
• Heart of the Valley Services for Seniors offers door-to-door rides. https://www.servicesforseniors.org/services-programs
Next Steps for the Town:
Continue to promote safe transportation for seniors and all community members. Continue to receive feedback regarding transportation needs and issues from residents and area agencies. Participate in VTA discussions related to bus routes as needed. The Town will be updating its Bike/Ped Master Plan in the next 5 years and will put an emphasis on senior walking.
The CHSSC can support these efforts by continuing to attend CSTC meetings to stay informed and engaged.
The CHSSC can support these efforts by attending VTA meetings or viewing agendas/minutes and sharing the information they learn with staff and each other.
Goal 6 – Senior Housing – Information on Approaches and Options H1: Identify and Inventory Residential Options for Older Adults • SV@Home focuses on addressing Santa Clara County’s urgent need for affordable housing. Annually, in May (affordable housing month) – SV@Home brings together local advocacy groups, non-profit organizations, governments, etc., to raise awareness/drive action around housing issues in SCC. https://siliconvalleyathome.org/
• The Housing Programs page on the Town website includes a Housing Resources Guide, information on the BMR administrator (Housekeys), and information about residential options for older adults. The Goal 6 task force completed a review and suggested edits for the Housing Resources Guide. https://www.losgatosca.gov/345/Housing-Programs.
• The Town adopted its Housing Element (HE) in 2024, and it includes policies like HE-2.7 & HE-2.8, etc., related to senior/special needs housing programs. The Town is implementing the HE as fast as they are able.
https://www.losgatosca.gov/1735/General-Plan---Housing-Element.
ITEM NO. 16.
10 H2: Enable Development of Affordable Housing for Older Adults • The Town adopted its Housing Element (HE) in 2024, and it includes a Senior Housing Resources program. The Town is implementing the HE as fast as they are able. https://www.losgatosca.gov/1735/General-Plan---Housing-Element. • Any programs and funding for housing income support or home modification and repairs would be done by a third party.
H3: Establish Aging in Place Programs (Including a Los Gatos Village) • Heart of the Valley Senior Services offers handywork for low income seniors. https://www.servicesforseniors.org/services-programs.
• The Town’s Community Grants Program, within its capacity, provides a limited amount of funding to service providers offering rental assistance and other services. For example, Rebuilding Together Silicon Valley, an organization that coordinates home accessibility modifications and repairs has received funding through past grants. https://rebuildingtogethersv.org/programs/ • A Los Gatos Village program would need to be organized by a third party.
H4: Facilitate Crisis Housing
• In the event of a disaster, the Town will coordinate with the American Red Cross, Santa Clara County Office of Emergency Management, and other partners to provide emergency sheltering. The Town does not maintain separate seniorspecific shelters; however, the County’s Functional Assessment Service Team (FAST) program will be integrated into shelter operations to identify and address access and functional needs for older adults. All residents are encouraged to maintain personal emergency plans, including alternative places to stay, so that emergency resources can be prioritized for those with the highest need. • Care facilities and other providers are required to have safety plans per CA code.
The Town does not provide direct oversight over these facilities. • The Town will share and amplify preparedness information relevant to older adults through existing outreach efforts, such as wildfire, earthquake, and PSPS information. Preparedness resources will reference materials from Santa Clara County OEM, Ready.gov, and other established sources.
H5: Monitor and Evaluate Needs & Stock
The Town is required to provide annual reporting on Housing Element implementation progress.
Next Steps for the Town:
Continue to provide required annual reporting on Housing Element implementation progress.
Continue to keep the Town website updated with current housing options such as the Housing Resource Guide.
Continue to accept community feedback on senior housing needs through the Planning Commission and Town Council meetings.
ITEM NO. 16.
11 Goal 7: Integrated Governance, Funding & Accountability for Senior Services
The Town of Los Gatos is in a unique position because it cares about its senior residents and wants their needs met, however the Town does not provide or have oversight over direct services. It is for this reason that the idea of the integrated governance model is challenging.
While the Town is not currently in a position to implement this from an oversight, bandwidth, and funding perspective, the Town can focus on assessing older adult services by implementing an annual survey to service providers and providing the data to the CHSSC.
The Senior Services Coordinator has assessed programs available to Town seniors, including needs and gaps. A service provider survey was distributed by the Town with results provided to the CHSSC.
Next Steps for the Town:
Continue to issue the service provider survey to gather information from service providers.
The CHSSC can continue to monitor the state of senior services and suggest improvements and collaboration.
ITEM NO. 16.
PREPARED BY: Chris Todd
Emergency Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/16/2025
ITEM NO: 17
DATE: December 16, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Discuss, Consider, and Provide Direction Regarding Wildfire Risk Mitigation Program Options, Planning Level Cost Estimates, and Emergency Management Initiatives Update
RECOMMENDATION: Discuss, Consider, and Provide Direction Regarding Wildfire Risk Mitigation Program Options, Planning Level Cost Estimates, and Emergency Management Initiatives Update
FISCAL IMPACT:
This item does not commit the Town to specific expenditures. It provides planning-level cost ranges for potential wildfire mitigation and preparedness program elements to support Council discussion of investment levels and program priorities.
Based on the cost ranges in Attachments 1 and 2, the three illustrative program scenarios have approximate annual operating costs of:
• Scenario 1 Foundational Program: about $1.1 to $1.15 million per year, plus an estimated $0.8 to $1.0 million in one-time or capital work over 5 to 10 years. • Scenario 2 Intermediate Program: about $1.6 to $2.3 million per year, plus an estimated $3 to $5 million in one-time or capital investments over 5 to 10 years. • Scenario 3 Comprehensive Program: about $2.1 to $3.0 million per year, plus an estimated $6 to $11 million or more in cumulative one-time and capital work over 5 to 10 years.
These figures are order-of-magnitude planning estimates in current-year dollars and do not include grant offsets. Successful external funding would reduce the Town’s net cost. More detailed assumptions for each element appear in the body of the report and in Attachments 1 and 2.
ITEM NO. 17.
PAGE 2 OF 13
SUBJECT: Wildfire Risk Mitigation Program Options, Planning Level Cost Estimates, and Emergency Management Initiatives Update
DATE: December 16, 2025
STRATEGIC PRIORITY:
These efforts align with the strategic priority to further the Town’s emergency preparedness, resiliency, and response capabilities, particularly in the area of wildfire risk.
BACKGROUND:
In recent years, the Town of Los Gatos has experienced increasing wildfire risk due to the 2020– 2022 drought, fuel accumulation, and climate driven changes in fire behavior. At the same time, the Town has made significant progress in emergency planning, including adoption of an updated Emergency Operations Plan (EOP), Community Wildfire Protection Plan (CWPP), Local Hazard Mitigation Plan (LHMP), expansion of roadside vegetation management, and initiation of Town wide evacuation and wildfire modeling.
In alignment with the Town Council’s strategic priority to “Further the Town's emergency preparedness, resiliency, and response capabilities, particularly in the area of wildfire risk,” staff have developed a set of program options and planning level cost estimates to help the Council consider the scale and scope of a future, more comprehensive wildfire mitigation program. This report focuses on public safety measures and Town level preparedness and continuity, including Emergency Operations Center (EOC) capabilities. It does not evaluate operational staffing needs or response capabilities of the Police Department or the Santa Clara County Fire Department.
To develop the program options and cost ranges, staff drew on multiple sources:
The Santa Clara County Multi Jurisdictional Hazard Mitigation Plan (MJHMP) and the Town of Los Gatos Local Hazard Mitigation Plan Annex / Community Wildfire Protection Plan (CWPP), the Town of Los Gatos Ad Hoc Wildfire Committee Report (2020), and community input, which together identify wildfire, earthquake, and flooding as the Town’s top natural hazards;
Budget and program information from comparable wildland urban interface communities, including Truckee, CA (voter approved Measure T wildfire resilience investments), Montecito, CA, and Sonoma County’s Wildfire Adapted program; and Fire Smart community pilots supported by the Tahoe Fund and partners.
While these communities differ in size and governance structure, they provide useful per resident and per acre benchmarks for the level of investment that may be appropriate for Los Gatos, given its approximately 33,500 residents and roughly 12 square miles of primarily residential development with significant hillside WUI exposure.
ITEM NO. 17.
PAGE 3 OF 13
SUBJECT: Wildfire Risk Mitigation Program Options, Planning Level Cost Estimates, and Emergency Management Initiatives Update
DATE: December 16, 2025
For context:
Los Gatos, CA – approx. 33,500 residents; ~12 square miles (~7,500 acres); primarily residential, with steep WUI hillsides directly upslope of denser in town neighborhoods. Truckee, CA – approx. 17,380 residents; 34 square miles (~21,540 acres); roughly half the population of Los Gatos but about twice the land area, with extensive forested WUI and access constraints.
Montecito, CA – approx. 8,600 residents; 9.18 square miles (~5,875 acres); somewhat smaller in land area and about one quarter of Los Gatos’ population, but facing high consequence wildfire, debris flow, and evacuation challenges similar to Los Gatos’ hillside neighborhoods.
Taken together, these comparisons suggest that a robust wildfire program for Los Gatos would reasonably fall within the per resident and per acre investment ranges seen in these communities, adjusted for local labor, contracting, and administrative costs.
DISCUSSION:
1. Risk Context and Key Hazards
Graphic on Next Page
ITEM NO. 17.
PAGE 4 OF 13
SUBJECT: Wildfire Risk Mitigation Program Options, Planning Level Cost Estimates, and Emergency Management Initiatives Update
DATE: December 16, 2025
For Los Gatos, wildfire is the primary focus of this report. While the Town also faces significant earthquake and flood/storm hazards, the specific program options and costs presented here are oriented toward wildfire mitigation and preparedness, with co-benefits for other hazards.
Within the wildfire hazard, staff identify three key mechanisms of fire spread:
1. Vegetation-to-Structure Ignition at the WUI Boundary o Dense, continuous fuels on steep hillsides or in canyons adjacent to homes can create conditions for rapid fire spread from wildland vegetation to structures. o Narrow winding roads, limited access, and slope can accelerate fire behavior and complicate firefighting and evacuation.
2. Structure-to-Structure Fire Spread as Spacing Narrows o As development transitions from large hillside lots to more closely spaced homes, the dominant hazard shifts from wildland fuels to structure-to-structure ignition.
ITEM NO. 17.
PAGE 5 OF 13
SUBJECT: Wildfire Risk Mitigation Program Options, Planning Level Cost Estimates, and Emergency Management Initiatives Update
DATE: December 16, 2025
o In these areas, combustible fencing, vegetation between homes, deck attachments, and vulnerable building materials can allow a single ignition to propagate rapidly through a block or neighborhood.
3. Ember Cast Affecting the Wider Town Area
o Large wildfires can generate ember casts capable of igniting homes and vegetation miles away from the flame front, including in denser in-town neighborhoods that are not directly adjacent to wildland fuels. o This means that preparing hillside homes alone is not sufficient; embers can ignite structures, vehicles, and landscaping well inside the Town core.
Across all three mechanisms, evacuation is a compounding factor rather than a separate hazard. Limited roadway capacity, topography, and multi-directional threat potential (e.g., multiple canyons and ridge lines) can slow evacuation just as demand is highest. This underscores the need to reduce the likelihood and intensity of fire reaching homes (fuel reduction and home hardening); reduce the chance that individual ignitions become neighborhood-scale events (defensible space and structure spacing considerations); and improve evacuation planning, public warning, and continuity of Town operations.
These wildfire-focused efforts will also improve preparedness for other natural hazards (e.g., earthquakes, floods, severe storms) by strengthening emergency management capacity, communication tools, and continuity planning.
2. Program Objectives
The proposed approach is organized around three overarching objectives:
1. Life Safety
Reducing risk of injury and improving egress in a disaster.
2. Property and Economic Stability
Protect homes, businesses, and critical infrastructure in a way that maintains the long-term viability and economic stability of the community. This includes protecting the local tax base, avoiding long-term displacement, and preserving key public facilities and lifelines.
3. Environmental Stewardship
Manage vegetation and fuels in a way that reduces wildfire risk while supporting ecological health, watershed function, and long-term resilience of the Town’s open spaces and urban forest.
To achieve these objectives, the program is designed to address mitigation, response, and continuity:
Mitigation: Vegetation management, home hardening, defensible space, and infrastructure improvements that reduce risk before an event.
ITEM NO. 17.
PAGE 6 OF 13
SUBJECT: Wildfire Risk Mitigation Program Options, Planning Level Cost Estimates, and Emergency Management Initiatives Update
DATE: December 16, 2025
Response: Strengthening the Town’s ability to coordinate multi-agency operations through the EOC, public warning, and field support.
Continuity: Ensuring the Town can sustain essential services and governance during and after a major event through continuity of operations planning.
Whole Community and Resident Action
A central premise of the program is that the Town cannot “do it all” on public property alone:
A large portion of the highest-risk WUI area in and around Los Gatos is on private property, with Town-owned land representing only a subset of the fuels that threaten structures and evacuation routes.
The preparedness of hillside homes directly affects the safety of residents farther into Town. If fires intensify in the WUI, embers and structure-to-structure spread will drive risk into denser neighborhoods.
Accordingly, the Town can:
Educate residents and businesses with clear, consistent guidance on home hardening, defensible space, and evacuation readiness.
Reduce barriers to action by offering services such as chipping, greenwaste pick-up, and potentially block-level contracts that lower cost and complexity for individual property owners.
Guide through non-punitive inspections where appropriate, emphasizing coaching and voluntary compliance over penalties, especially in early phases. Enforce minimum standards for vegetation management and hazard abatement when necessary, in a fair and transparent manner.
The intent is to build a program that is robust enough to handle both moderate disasters and the less frequent, but larger-scale events that would significantly stress Town resources, without over-committing to a single hazard scenario.
3. Wildfire Mitigation and Preparedness Program Options and Cost Scenarios Based on the cost outlined in Attachments 1 and 2, the three illustrative program scenarios have approximate operating costs of:
Scenario 1 – Foundational Program: Approximately $1.1 to $1.15 million per year in ongoing operating costs, with an estimated $0.8 to $1.0 million in additional one-time and capital work over the first 5–10+ years.
Scenario 2 – Intermediate Program: Approximately $1.6 to $2.3 million per year in ongoing operating costs, with an estimated $3 to $5 million in one-time and capital investments over the first 5–10+ years.
ITEM NO. 17.
PAGE 7 OF 13
SUBJECT: Wildfire Risk Mitigation Program Options, Planning Level Cost Estimates, and Emergency Management Initiatives Update
DATE: December 16, 2025
Scenario 3 – Comprehensive Program: Approximately $2.1 to $3.0 million per year in ongoing operating costs, with an estimated $6 to $11+ million in cumulative one-time and capital work over the first 5–10+ years.
This section describes how potential wildfire mitigation and preparedness components could be combined into three illustrative levels of investment:
Scenario 1 – Foundational Program
Scenario 2 – Intermediate Program
Scenario 3 – Comprehensive Program
Each scenario builds on the prior one (Intermediate includes all Foundational elements; Comprehensive includes all Intermediate and Foundational elements). The program elements listed under each scenario are examples of how those funding levels could be deployed; individual elements could be modified, blended, or phased while staying within similar overall cost ranges.
As noted in the Fiscal Impact section, all costs are order-of-magnitude planning estimates in current-year dollars, do not assume specific grant awards or offsets, and exclude capital and match funding already appropriated for the outdoor warning siren project, the Town-wide evacuation modeling study, and the Vegetation Management Plan (VMP) update. Detailed line items and assumptions for each program component are provided in Attachment 1 – Wildfire Risk Mitigation Cost Breakdown and Attachment 2 – Wildfire Risk Mitigation Cost Table.
Scenario 1 – Foundational Program
(Estimated annual operating cost: approximately $1.1–$1.15 million; one-time/capital over ~5– 10+ years: approximately $0.8–$1.0 million)
A core, sustainable wildfire mitigation and preparedness program that stabilizes and modestly enhances recurring fuels work, resident support, and EOC readiness, with a focus on the highest-risk locations. It begins transitioning from one-time, grant-funded projects toward a predictable baseline of annual work.
Illustrative annual program elements and costs
(rounded figures; one possible mix within the overall Scenario 1 range):
Roadside vegetation management on priority evacuation routes – approx. $375,000/year
Shift from one-time, grant-funded roadside projects to modest but consistent annual maintenance on the highest-priority evacuation routes (for example, a multi-year cycle with lighter annual/biannual touch-up on the most constrained segments).
ITEM NO. 17.
PAGE 8 OF 13
SUBJECT: Wildfire Risk Mitigation Program Options, Planning Level Cost Estimates, and Emergency Management Initiatives Update
DATE: December 16, 2025
Weed abatement, defensible space alignment, and Firewise/community outreach – approx. $200,000/year
Maintain and better coordinate:
• Town support for County weed abatement and defensible space inspections (including the County Weed Abatement program fee billed to the Town); and • Ongoing Firewise-style outreach, mailers, and neighborhood engagement to help residents understand expectations and how to meet them. Open space and park fuel treatments on Town lands – approx. $175,000/year Maintain recent fuels work and modestly expand treatments in Town-owned open spaces that most directly threaten WUI neighborhoods, at a scale of approximately 75- 100 acres per year, assuming maintenance-level costs in the roughly $1,500–$2,500 per acre range and a mix of follow-up and limited new treatments. Program staffing – approx. $250,000/year
Provide roughly 0.5–0.75 FTE equivalent to coordinate baseline wildfire work, manage contracts, track data, and pursue grants. The lower end of the range reflects minimal new staffing and a basic training calendar; the upper end assumes a more regular exercise schedule and modest backfill/overtime for participating staff. Staff training and EOC readiness — approx. $75,000–$100,000/year Annual ICS/EOC training, periodic exercises, VEOCI platform maintenance, and backfill costs.
VMP annual implementation support — approx. $50,000/year Ongoing monitoring, adaptive management, and coordination with roadside and openspace fuel treatments (one-time plan update funded separately).
Illustrative one-time/capital work
(approximately $0.8–$1.0 million total over 5–10+ years):
Targeted backlog reduction on roadside and open-space units that directly affect evacuation routes and adjacent structures – on the order of $600,000–$700,000 in initial “catch-up” fuel-reduction work. This planning-level figure is derived by applying typical per-mile and per-acre treatment costs (for a limited number of high-priority WUI road segments and adjacent slopes) and will be refined once the updated Vegetation Management Plan and Town-wide evacuation study identify specific roads and treatment units.
Early urban-forest hazard-tree work along critical evacuation corridors – approximately $0.2–$0.3 million, coordinated with the Town’s Urban Forest Management Plan update and existing street-tree maintenance efforts.
(Work on the Town-wide evacuation modeling study, the Vegetation Management Plan update, the Urban Forest Management Plan update, and the outdoor warning siren project is funded separately and not included in these one-time figures.)
ITEM NO. 17.
PAGE 9 OF 13
SUBJECT: Wildfire Risk Mitigation Program Options, Planning Level Cost Estimates, and Emergency Management Initiatives Update
DATE: December 16, 2025
Scenario 2 – Intermediate Program
(Estimated annual operating cost: approximately $1.6–$2.3 million; one-time/capital over ~5– 10+ years: approximately $3–$5 million)
A moderate, Town-wide wildfire resilience program that builds on existing efforts and Scenario 1 by expanding fuels work and adding more robust resident support, while remaining within a mid-range level of annual investment.
Illustrative annual program elements and costs
(Scenario 2 includes all Foundational functions, scaled up where noted; one reasonable mix totals about $2.0 million per year):
Roadside vegetation management – approx. $425,000/year Increase miles treated on key evacuation routes and begin moving the highest-risk corridors toward an annual maintenance model, while maintaining a multi-year cycle elsewhere.
Weed abatement, defensible space support, Firewise outreach, and Town-wide preparedness campaigns – approx. $300,000/year
Sustain County weed abatement and defensible-space coordination and add more proactive Town communication and education, including Firewise support, workshops, and multi-channel preparedness campaigns.
Open space and park fuel treatments – approx. $75,000/year Continue and modestly expand fuel treatments in additional priority Town-owned open-space and park areas, informed by the updated VMP, CWPP, and evacuation analysis.
Chipping and curbside greenwaste service focused on WUI neighborhoods – approx. $325,000/year
Provide seasonal chipping/curbside greenwaste service in high-risk WUI areas (for example, one or two collection windows per year), reducing barriers for residents to complete defensible-space work.
Home-hardening and defensible-space grants – approx. $225,000/year Launch a starter grant or cost-share program targeting high-risk hillside blocks (for example, roughly 75–100 homes per year at typical awards of $2,000–$3,000, potentially braided with external grants).
Community wildfire grants (block/HOA/partner projects) – approx. $250,000/year Fund a small annual pool to support neighborhood-scale mitigation projects (for example, shared access-road clearing, hazard-tree removal in common areas, or HOA-level treatments) where private parcels jointly influence evacuation or structure-ignition risk.
ITEM NO. 17.
PAGE 10 OF 13
SUBJECT: Wildfire Risk Mitigation Program Options, Planning Level Cost Estimates, and Emergency Management Initiatives Update
DATE: December 16, 2025
Program staffing – approx. $300,000/year
Ensure at least one dedicated wildfire-program manager FTE equivalent, to coordinate baseline wildfire work, manage contracts, track data, and pursue grants. Advanced wildfire-risk modeling and GIS support – approx. $50,000/year Add parcel- and corridor-level wildfire-risk and ember-exposure mapping, data maintenance, and support for more targeted programs (for example, using modeling outputs to focus grants and chipping on the highest-risk clusters).
Illustrative one-time/capital work
(approximately $3–$5 million total over 5–10+ years):
Open-space backlog reduction and shaded fuel breaks – Approximately $1.0–$1.5 million in additional treatments beyond Scenario 1, creating and maintaining strategic shaded fuel breaks and treated units on Town lands.
Urban-forest hazard-tree work along priority evacuation routes and hillside streets – approximately $1.0–$1.5 million, initiating early phases of a 12-year tree cycle in the most critical corridors.
Initial low- to moderate-cost evacuation-route improvements – Approximately $1.0– $2.0 million for projects such as shoulder improvements, turnouts, parking restrictions, striping, and signage, guided by the evacuation-modeling study.
Scenario 3 – Comprehensive Program
(Estimated annual operating cost: approximately $2.1–$3.0 million; one-time/capital over ~5– 10+ years: approximately $6–$11 million+)
A fully integrated, whole-community wildfire mitigation and emergency-preparedness program broadly comparable to leading California WUI communities, with robust support for residents and strong Town capabilities. Scenario 3 includes all Scenario 1 and 2 elements at higher service levels.
Illustrative annual program elements and costs
(Scenario 3 assumes higher service levels for all preceding elements; one reasonable mix totals about $2.6–$2.7 million per year):
Roadside vegetation management – approx. $475,000/year Provide annual or biannual treatments across all priority evacuation routes, maintaining low fuel loads and visibility in the most constrained segments. Weed abatement, defensible-space support, Firewise outreach, and Town-wide preparedness campaigns – approx. $350,000/year
Sustain a mature defensible-space/weed-abatement program plus ongoing, high-touch Firewise and preparedness outreach across both hillside and in-town neighborhoods.
ITEM NO. 17.
PAGE 11 OF 13
SUBJECT: Wildfire Risk Mitigation Program Options, Planning Level Cost Estimates, and Emergency Management Initiatives Update
DATE: December 16, 2025
Open space and park fuel treatments – approx. $100,000/year Maintain and expand a connected network of treated open-space units and fuel breaks wherever Town lands materially influence structure risk or evacuation routes. Chipping and curbside greenwaste service – approx. $450,000/year Offer a fully built-out chipping/greenwaste program for WUI areas, with predictable annual service windows and sufficient capacity to support neighborhood-scale mitigation.
Home-hardening and defensible-space grants – approx. $325,000/year Operate a substantial grant/rebate program capable of driving neighborhood-scale change each year (for example, several hundred homes over multiple years), potentially in partnership with regional or State funding.
Community wildfire grants (block/HOA/partner projects) – approx. $500,000/year Fund a robust community-grant program comparable in scale to Truckee’s Community Wildfire Prevention Grants, supporting larger block, HOA, and partner projects that align with evacuation-modeling and risk-mapping priorities.
Program staffing – approx. $450,000/year
Support a fully staffed wildfire/emergency-management program (for example, the Emergency Manager plus a dedicated wildfire program manager and partial grant-management capacity), together with frequent EOC exercises, continuity-of-operations planning, and multi-year project management. Advanced wildfire-risk modeling and GIS support – approx. $75,000/year Maintain sophisticated wildfire-risk and ember-exposure modeling, parcel-level tracking of mitigation work, and public-facing risk-communication tools, building on the Town’s evacuation-modeling and VMP outputs.
Illustrative one-time/capital work
(approximately $6–$11 million+ total over 5–10+ years):
12-year urban-forest tree-cycle implementation – approximately $3.5–$4.5 million to carry out a full hazard-tree and maintenance cycle on priority street trees and trees affecting evacuation routes and structures.
Expanded strategic fuel breaks and open-space backlog reduction – Approximately $2.0–$3.0 million to construct and maintain a network of shaded fuel breaks and treated units on Town lands that most directly influence structure and evacuation risk. Major evacuation-route capital improvements – Approximately $1.0–$4.0 million for a significant portion of the long-term roadway-improvement program recommended by evacuation modeling (for example, targeted roadway widening, additional turnouts, retaining walls, and other larger-scale projects).
4. Current Emergency Preparedness Initiatives Update
At Council’s request, the summary of current emergency preparedness initiatives since the
ITEM NO. 17.
PAGE 12 OF 13
SUBJECT: Wildfire Risk Mitigation Program Options, Planning Level Cost Estimates, and Emergency Management Initiatives Update
DATE: December 16, 2025
update provided on September 16, 2025, is presented here to emphasize that the proposed program options build on existing work.
Key ongoing initiatives include:
Emergency Operations Plan (EOP)
o The Town’s updated EOP has been formally adopted by the Town Council, and staff continues to develop supporting emergency specific annexes. Wildfire and Evacuation Modeling
o The Town is in the process of developing a town-wide evacuation plan informed by simulation-based modeling, with an estimated contract value of approximately $300,000.
Outdoor Warning Siren System
o Staff have submitted a FEMA HMPG grant application for a siren-based public warning system. No dates have been given for award determination. Urban Forest Management Plan Update and Vegetation Management Plan (VMP) Update
o Updates to the Urban Forest Management and Vegetation Management Plans are planned to help align with wildfire risk reduction goals. o Initial application for State Fire Capacity Grant to fund VMP update has been denied and resubmitted.
Virtual Emergency Operations Center (VEOCI)
o The Town has adopted VEOCI as a virtual EOC platform to support multi-agency coordination.
o Staff are exploring an expansion of VEOCI’s use to include Continuity of Operations Planning (COOP), enabling stronger integration between emergency response and sustained service delivery during disruptions. Staff Training
o Continued training for staff in EOC and emergency operations. Firewise Community Development
o Staff have continued to support the development of Firewise Communities through outreach and coordination. We currently have six Firewise Communities in development for Los Gatos.
Sierra Azule Drive and Sky Lane Emergency Egress
o Staff are coordinating with residents and the Santa Clara County Fire Vasona Crew to remove vegetation on a Town right-of-way that connects Sierra Azule Drive and Sky Lane. This work will support emergency egress during the Shannon Road repair. Initial vegetation removal costs will be split with Vasona Crew, with the Town’s share at $1700.
Santa Clara County Training Coordination
o In coordination with the County, in November, the Town hosted a disaster finance section class with emergency personnel from across the county.
ITEM NO. 17.
PAGE 13 OF 13
SUBJECT: Wildfire Risk Mitigation Program Options, Planning Level Cost Estimates, and Emergency Management Initiatives Update
DATE: December 16, 2025
These existing efforts provide a strong foundation; the proposed program options are intended to build on this base, not start from zero.
CONCLUSION:
Wildfire remains the Town’s most consequential natural hazard, with the potential to impact life safety, economic stability, and environmental health across the community. The Town has already taken important steps to improve its preparedness. However, given evolving risk and community expectations, Council direction is needed on:
1. Which program elements and services should be prioritized for further development; and
2. The general level of investment the Town should consider as staff refine program options and funding strategies.
The planning-level cost scenarios outlined in this report exceed the Town’s currently available emergency management allocation and would require a combination of future budget decisions and external funding to implement.
This report, together with the attached cost matrix and the accompanying Council presentation, is intended to support that discussion and help the Town chart a path toward a sustainable, effective wildfire mitigation and preparedness program.
Staff will continue to provide updates to Council on emergency management and the expenditure of the emergency management allocation through the Town Manager's updates.
Items that require Council approval or authority will be brought for Council's consideration accordingly.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Wildfire Risk Mitigation Cost Breakdown
2. Wildfire Risk Mitigation Cost Table
3. Wildfire Risk Mitigation Presentation
ITEM NO. 17.
ATTACHMENT 1
DATE: December 16, 2025
SUBJECT: Attachment 1: Los Gatos Wildfire Risk Mitigation Cost Breakdown PREPARED BY: Chris Todd, Emergency Manager
This attachment provides text summaries of program options and planning level cost ranges for a wildfire risk mitigation program. All amounts are approximate, rounded, and intended for order-of-magnitude planning, not for contracting or grant applications. Costs are expressed in current-year dollars and should be refined with detailed scopes and updated bids before implementation.
Roadside Vegetation Management (priority WUI routes)
Priority: High
Tier: Foundational / Intermediate / Comprehensive
Annual cost range: ≈ $350,000–$500,000 (steady-state, not including big backlog projects) One-time cost: $600,000–$700,000 for initial, heavier treatments on untreated priority segments
Admin / staffing: Multi-year contracts, environmental compliance, coordination with property owners.
Basis: Annual costs represent recurring maintenance on priority WUI evacuation routes once backlog work is completed (e.g., a 4–6 year cycle with lighter annual/biannual “touch-up” on the most constrained segments). Town Wildfire Advisory Group estimate of $75,000/mile for ~5.2 miles ≈ $390,000/year on a 6-year cycle; Montecito’s Roadside Hazard Abatement + Tag and Trim ≈ $95,000/year for 13 miles (lower per-mile costs on less constrained roads).
Weed Abatement and Defensible Space Inspections (Town share) Priority: High
Tier: Foundational / Intermediate / Comprehensive
Annual cost range: $95,000–$175,000
One-time cost: N/A
Admin / staffing: Inspection coordination, complaint response, data management, legal support Basis: Montecito’s annual defensible-space/weed inspections for ~4,200 parcels; Truckee’s defensible space team funded within a ~$3.8M/year wildfire program; These funds would supplement County Fire’s inspection/enforcement with Town admin capacity. Range includes the County Weed Abatement program fee currently billed to the Town (≈ $20,338/year) plus incremental Town staffing and overhead to coordinate inspections, respond to complaints, support enforcement, and align Town codes with State defensible space requirements.
ITEM NO. 17.
Open Space and Park Fuel Treatments (Town-owned lands)
Priority: High
Tier: Intermediate / Comprehensive
Annual cost range: $150,000–$300,000 (maintenance); plus periodic capital for backlog reduction
One-time cost: $100,000–$200,000 for planning/CEQA, unit mapping, prescriptions Admin / staffing: Technical oversight, contract/CEQA management, monitoring Per-acre logic & basis:
o Truckee fuels projects: $2,900–$4,800/acre (Sierra Meadows, Armstrong Tract, Royal Gorge, community grants).
o Tyrolian Village Fire Smart pilot & BurnBot: ~$2,500–$2,800/acre in steep WUI. o Montecito FTN maintenance: 25 acres at $90,000 (~$3,600/acre); herbivory: 50 acres at $65,000 (~$1,300/acre).
o For Los Gatos: assume initial treatments at ~$2,500–$4,000/acre and maintenance at ~$1,000–$1,500/acre. The $150k–$300k annual band equates to maintaining/treating on the order of ~75–150 acres/year, which aligns with the scale of Town-owned risk areas identified in prior analyses.
Home Hardening and Defensible Space Grants
Priority: High
Tier: Intermediate / Comprehensive
Annual cost range: $150,000–$400,000
One-time cost: N/A
Admin / staffing: ≈ 0.25–0.5 FTE (or equivalent contract) for application, inspection, and grant management
Basis: Town Wildfire Advisory Group recommendation of ~$100,000/year for vulnerable homeowners; Montecito Home Hardening Assistance ≈ $50,000/year for 10–15 homes; Truckee’s $550,000/year Community Wildfire Prevention Grants program.
Chipping and Green Waste Support
Priority: High
Tier: Primarily Intermediate / Comprehensive (small Foundational pilot possible) Annual cost range: $250,000–$500,000
One-time cost: N/A
Admin / staffing: Program design, vendor management, scheduling, customer service, outreach Basis: Truckee’s Measure T Green Waste budget ranges from about $685,000 to $760,000 per year for curbside pick-up, dumpster rebates, and Firewise dumpsters, serving roughly 4,700 WUI parcels and additional residents. Montecito’s Neighborhood Chipping Program is about $130,000/year in a much smaller community. Los Gatos has on the order of 3,100–3,400 WUI homes, so a scaled program focused on those high-risk neighborhoods is reasonably in the $250,000–$500,000 range depending on service level (number of annual collection windows, capacity for curbside pick-up vs. centralized dumpsters, and level of outreach).
ITEM NO. 17.
Firewise / Fire Smart Outreach
Priority: High
Tier: Foundational / Intermediate / Comprehensive
Annual cost range: $50,000–$100,000
One-time cost: N/A
Admin / staffing: ≈ 0.25–0.5 FTE (or equivalent contract) plus materials and events Basis: Montecito home-hardening and outreach budgets (~$50k+/yr); Truckee’s prevention/outreach allocations within Measure T; Town Wildfire Advisory Group emphasis on Firewise and preparedness education.
Town-wide education & preparedness campaigns
Priority: High
Tier: Intermediate / Comprehensive
Annual cost range: $25,000–$75,000
One-time cost: N/A
Basis: Truckee and Montecito community wildfire communications.
Town-Wide Evacuation Modeling and Plan (planning only)
Priority: High
Tier: Foundational / Intermediate / Comprehensive
Annual cost range: Minimal (beyond periodic updates/exercises) One-time cost: ≈ $200,000–$300,000 (no additional funding needed for this item) Basis: Currently scoped at ~$300,000 as a planning ceiling for modeling and plan development.
Grant application pending. HMGP comparables show similar scales for detailed wildfire/evacuation planning.
Evacuation Route Physical Improvements (Capital)
Priority: High (long-term)
Tier: Comprehensive
Capital range: ≈ $10 million over 5–10+ years (capital) Basis: Prior Town analysis and Wildfire Advisory Group work identified a conceptual package of evacuation‑route improvements (e.g., shoulder work, limited widening, turnouts, signage, and parking restrictions) on the order of $10 million over time (approximately $1 million in early projects and another ~$9 million in later phases). These amounts are placeholders used solely for long‑range planning.
Notes & Assumptions: This is capital, not program operating cost, and actual scope, sequencing, and cost will be determined only after completion of the Town‑wide evacuation modeling and plan. The modeling effort is expected to identify specific bottlenecks, priority corridors, and recommended treatments; any capital projects that emerge will be brought back through the Town’s normal CIP and budget process with refined engineering estimates. Until that work is complete, the $10 million figure should be treated as a high‑level planning benchmark, not a commitment.
ITEM NO. 17.
Outdoor Warning System (Sirens)
Priority: High
Tier: Intermediate / Comprehensive
Annual cost range: $40,000–$60,000 (O&M)
One-time cost: ≈ $1.5–$1.7 million for ~8 siren sites Basis: Town’s HMGP subapplication for 8 siren locations (~$1.63M total). Malibu and other HMGP siren feasibility/implementation projects show similar per-site and annual maintenance costs. Grant application pending.
Staff Training
Priority: High
Tier: Foundational / Intermediate / Comprehensive
Annual cost range: $75,000–$150,000
One-time cost: N/A
Basis: Emergency Management Accreditation Program aligned programs typically budget at least 0.5–1.0 FTE plus training and exercise funds. This range covers one major exercise every 1– 2 years, annual ICS/EOC training, VEOCI config, and backfill; consistent with the Town’s EOP implementation and regional coordination commitments.
Program Staffing
Priority: High
Tier: Foundational / Intermediate / Comprehensive
Annual cost range: $100,000–$200,000
One-time cost: N/A
Basis: Peer communities dedicate explicit staff capacity to wildfire mitigation program administration. Truckee Fire Protection District has created a Wildfire Prevention Division that includes a Wildfire Prevention Manager and four support staff. Montecito Fire Protection District’s Vegetation Management and Wildfire Prevention work is similarly managed by a small prevention team that includes specialist roles focused on vegetation management and community wildfire preparedness. For Los Gatos, this range is intended to represent roughly one mid‑ to senior‑level FTE (or an equivalent blend of staff time) dedicated to wildfire program coordination in addition to the existing Emergency Manager role. Duties would include vendor and contract management, coordination with any Fire Safe Council partners, grant management, data tracking, reporting, and cross‑departmental coordination.
Contracted Program Support (e.g., Fire Safe Council)
Priority: High
Tier: Intermediate / Comprehensive
Annual cost range: $150,000–$300,000
One-time cost: N/A
Basis: California Fire Safe Councils commonly manage bundled services—chipping, defensible-space assessments, neighborhood grants, and block-contractor coordination—under low- to mid-six-figure annual contracts in similar WUI communities. For example, Sonoma
ITEM NO. 17.
County’s Wildfire Adapted programs invested roughly $2.35 million (Part 1) and $0.37 million (Part 2) in outreach, assessments, regulatory compliance, and planning, with about $120,000 in dedicated grant-management staffing, implying a management/admin share on the order of 5– 10% of total project costs. For a Los Gatos wildfire-mitigation program with total annual spending in the $1.5–$3.0M range, a $150,000–$300,000/year contract for a Fire Safe Council or similar partner keeps combined internal + external administration in a reasonable band (roughly 15–20% of program cost), while still allowing delivery of chipping logistics, inspection scheduling, outreach, and neighborhood-grant support.
Community Grants / Neighborhood Projects
Priority: Medium–High
Tier: Comprehensive
Annual cost range: $250,000–$750,000
One-time cost: N/A
Basis: Truckee’s Community Wildfire Prevention Grants budget is $550,000/year, funding neighborhood-scale fuel reduction and Firewise projects. Montecito invests targeted funds in hazard tree removal and defensible space projects that strengthen its fuel-treatment network.
Urban Forest Tree Work (12-Year Cycle Implementation)
Priority: Medium-High
Tier: Intermediate / Comprehensive
Planning-level cost range: ≈ $425,000–$450,000 per year Basis: Initial estimated costs for fully funding Town tree work; Details pending updated Urban Forest Management Plan.
Vegetation Management Plan (VMP) Update
Priority: High
Tier: Foundational / Intermediate / Comprehensive
Annual cost range: $50,000–$100,000 (implementation support, monitoring, adaptive management)
One-time cost: ~$300,000-$325,000 (plan update, CEQA, mapping) Basis: The one-time cost reflects the total project budget in the Town’s USDA Community Wildfire Defense Grant application: $250,000 in federal funds plus a $62,500 local match, for a total of $312,500 to develop a comprehensive Vegetation Management Program (VMP) and update the 2021 Vegetation Management Plan. The annual range covers ongoing implementation support after the update (e.g., monitoring, adaptive management, coordination with open-space and roadside fuel treatments, and regular updates to treatment priorities).
Advanced Wildfire Risk Modeling and Analytics
Priority: Medium
Tier: Intermediate / Comprehensive
Annual cost range: $15,000–$40,000 (incremental to existing GIS agreements)
ITEM NO. 17.
One-time cost: Up to ~$50,000–$75,000 if a dedicated modeling platform or additional lidar/imagery processing is procured
Basis: Advanced tools (e.g., parcel-level ember exposure, structure-level risk scores, or dynamic treatment optimization) can be layered on top of State/County datasets and the Town’s evacuation modeling work, rather than funded as a stand-alone modeling effort. Because Los Gatos is already investing in simulation-based evacuation modeling and VMP planning, any additional wildfire-specific analytics are assumed to be incremental and scoped narrowly
ITEM NO. 17.
ATTACHMENT 1 Page 550
ITEM NO. 17.
ATTACHMENT 2
DATE: December 16, 2025
SUBJECT: Attachment 2: Los Gatos Wildfire Risk Mitigation Cost Table PREPARED BY: Chris Todd, Emergency Manager
This attachment provides table summaries of program options and planning level cost ranges for a wildfire risk mitigation program. All amounts are approximate, rounded, and intended for order-of-magnitude planning, not for contracting or grant applications. Costs are expressed in current-year dollars and should be refined with detailed scopes and updated bids before implementation.
ITEM NO. 17.
ATTACHMENT 2
Detailed Cost Matrix
# Program Element Planning-Level
Cost Range* Basis / Comparable Notes & Assumptions
1 Roadside fuel
reduction (priority
WUI routes)
≈ $350k–
$500k/yr; onetime $600k-
$700k
Annual figures reflect ongoing treatment of priority
WUI evacuation routes once initial backlog work is
completed (e.g., a 4–6 year cycle, with lighter
annual/biannual maintenance on the most
constrained segments). The one-time backlog range
is a planning-level allowance to bring the remaining
high-priority segments up to standard. LG Wildfire
Advisory Group: $75k/mile × 5.2 miles ≈ $390k/yr.
Montecito: $95k/yr for 13 miles roadside work in
less steep terrain.
Assumes 6-yr cycle with heavier initial work,
then annual/biannual maintenance on
highest-risk routes; includes contractor +
≈0.1–0.2 FTE Town PM.
2 Weed Abatement
and Defensible Space
Inspections (Town
share)
≈ $95k–$175k/yr
Montecito’s annual defensible-space/weed
inspections for ~4,200 parcels; Truckee’s defensible
space team funded ~$3.8M/year; Range includes
the County Weed Abatement program fee
currently billed to the Town (≈ $20,338/year) plus
incremental Town staffing and overhead to
coordinate inspections, respond to complaints,
support enforcement, and align Town codes with
State defensible space requirements.
These funds would supplement County Fire’s
inspection/enforcement with Town admin
capacity.
3 Open space/park
vegetation
management
(Town-owned)
Annual ≈ $150k–
$300k; one-time
≈ $100k–$200k
Truckee fuels projects: $2.9k–$4.8k/acre.
Tyrolian/BurnBot: ~$2.5k–$2.8k/acre. Montecito
FTN: ~$3.6k/acre.
Assumes initial treatments ~$2.5k–$4k/acre;
maintenance ~$1k–$1.5k/acre; supports
treating/maintaining ~75–150 acres/yr. Larger
backlog reduction would require separate
capital.
4 Defensible space &
home-hardening
grants
≈ $150k–
$400k/yr
LG Wildfire Advisory Group: ~$100k/yr
Foundational. Montecito: $50k/yr for 10–15
homes. Truckee: $550k/yr community grants.
Supports ~50–150 homes/yr at $1k–$3k each
plus admin; scalable via Fire Safe Council
partnership.
ITEM NO. 17.
5 Neighborhood /
curbside chipping &
green-waste
≈ $250k–
$500k/yr
Truckee’s Green Waste program (pick-up, Firewise
dumpsters, dumpster rebates) totals about $685k–
$760k/year and handles thousands of piles and
over 30,000 cubic yards of material for
approximately 4,700 WUI parcels and additional
residents. Montecito’s Neighborhood Chipping
Program is about $130k/year in a smaller
community.
Band is scaled for Los Gatos’ ~3,100–3,400
WUI homes: the lower end reflects an
Intermediate-scale program (1–2 seasonal
events focused on WUI neighborhoods), while
the upper end reflects a more
Comprehensive, Truckee-style service level
but still somewhat smaller in scale.
6 Firewise support &
community
organizing
≈ $50k–$100k/yr
Montecito: ongoing Fire Code/defensible space
outreach. Truckee: Firewise integrated into
prevention team.
Funds Firewise mini-grants, materials, and a
portion of staff/contract time dedicated to
neighborhood engagement.
7 Town-wide education
& preparedness
campaigns
≈ $25k–$75k/yr Truckee and Montecito both invest in ongoing wildfire communications.
Higher end = multi-channel campaigns (print,
web, social, meetings, translation). EM/PIO
time not fully monetized here.
8 Evacuation modeling
& town-wide plan
One-time
≈ $200k–$300k
Earlier Town planning (~$185k) plus current RFP
ceiling (~$300k). HMGP comparables show similar
ranges.
Planning/modeling only; excludes any
roadway construction recommended by the
study.
9 Evacuation route
physical
improvements
(capital)
≈ $10M over 5–
10+ yrs
Town Wildfire Advisory Group funding summary ≈
$10M for evacuation-related roadway work. HMGP
roadway & shaded fuel break projects show similar
orders of magnitude.
Conceptual CIP-level figure; actual costs will
depend on detailed design/CEQA/ROW.
10 Outdoor warning
siren system
One-time
≈ $1.5M–$1.7M +
$40k–$60k/yr
O&M
Town HMGP subapplication: ~ $1.63M for 8 sites.
Malibu siren feasibility and other HMGP projects
show similar per-site costs.
Capital largely grant-funded if awarded; Town
responsible for match and ongoing
testing/maintenance.
11 Staff training &
exercises ≈ $75k–$150k/yr EMAP-aligned city programs typically fund ≥0.5–1.0 FTE plus exercise budgets.
Covers annual ICS/EOC training, one major
exercise per 1–2 yrs, VEOCI upkeep, and
backfill.
12 Program
administration &
contracted program
≈ $250k–
$500k/yr
Town Wildfire Advisory Group flagged staffing as a
major limiter. Montecito & Truckee both show
admin costs on top of project dollars. Tahoe Fire
Smart pilots emphasize dedicated coordinators.
Lower end ≈ 0.75 FTE Town + small FSC
contract; higher end ≈ 1–1.5 FTE equivalent
plus a robust Fire Safe Council admin role.
ITEM NO. 17.
support (internal +
external)
Costs include support services of the Fire Safe
Council or similar organization
13 Community wildfire
grants (block / HOA /
partners)
≈ $250k–
$750k/yr
Truckee: $550k/yr Community Wildfire Prevention
Grants. Montecito: targeted defensible
space/hazard tree projects.
$250k/yr supports a few high-impact projects;
$500k–$750k/yr moves toward Truckee-scale
neighborhood mitigation.
14 Urban Forest
Management ≈ $425k–$450k Estimated urban forest management on 12yr cycle;Pending Los Gatos’ UFMP revision work.
Implementation (tree removal/replacement,
canopy management) coordinated with
roadside/VMP projects and funded via
maintenance & capital.
15 Advanced Wildfire
Risk Modeling and
Analytics
≈ $15k–$75k/yr
(incremental)
Advanced tools (e.g., parcel-level ember exposure,
structure-level risk scores, or dynamic treatment
optimization) can be layered on top of
State/County datasets and the Town’s evacuation
modeling work, rather than funded as a
stand-alone modeling effort. Because Los Gatos is
already investing in simulation-based evacuation
modeling and VMP planning, any additional
wildfire-specific analytics are assumed to be
incremental and scoped narrowly.
Treated as an optional enhancement in the
Intermediate and Comprehensive scenarios;
not required for a functional Foundational
program.
ITEM NO. 17.
Wildfire Risk Mitigation
Options and Cost Scenarios
Town Council Meeting
December 16, 2025
Presented by Chris Todd, Emergency Manager
ITEM NO. 17.
Mitigation Priorities
Protect Life
• Resident & Visitor
Evacuations
• First Responder
Safety
• Homes
• Businesses
• Critical Infrastructure
• Extreme Fire
Behavior
• Ecological Health
• Recreation
Protect Property &
Economic Stability
Environmental
Stewardship
Goal of preventing wildfire spread from vegetation to structure, structure to structure, and ember-cast
ITEM NO. 17.
Wildfire
– A Whole
Community Hazard • Educate: clear guidance,
community outreach
• Guide: non-punitive home
ignition zone assessments
• Reduce barriers: chipping,
curbside green waste,
grants/rebates
• Code enforcement
ITEM NO. 17.
Current Wildfire Mitigation Work
• Adoption of Updated Fire Code
• Firewise Community Support
• Evacuation Modeling
• Outdoor Warning Sirens
• Vasona Fire Crew Coordination
• Open Space Vegetation Management
• Urban Forest Management Plan Update
• Vegetation Management Plan Update
• EOC Staff Training & Infrastructure
• Emergency Plan Updates
• County Weed Abatement
• Santa Clara County Fire Safe Council Fuels Reduction Projects ITEM NO. 17.
Chapter Title Date
Comparable Wildfire Programs
Traditional Community Programs
(Truckee, Montecito, other CA WUI towns)
• Roadside vegetation / fuel reduction
• Open space fuel treatments and shaded
fuel breaks
• Neighborhood chipping and green-waste
pickup programs
• Defensible space inspections & weed
abatement enforcement
• Home hardening rebates / grants for
residents
• Community wildfire prevention grants
(HOAs, roads, partners)Dedicated wildfire
prevention staff and admin support
“Fire Smart” / Data-Driven Pilots
(Tahoe Fire Smart, Tyrolian / Incline area,
Sonoma County)
• Parcel-level wildfire risk and ember
exposure modeling
• Focus on structure density and Zone 0 (0–
5 ft) around homes
• Block-level contractor crews (whole-street
mitigation at once)
• Standardized home-hardening packages
(vents, decks, fences)
• Targeted outreach to highest-risk clusters
• Shared tracking dashboards for completed
work and risk reduction
ITEM NO. 17.
Budget Scenarios – Planning-Level Ranges
• Scenario 1 – Foundational
• Annual operating: $1.1–$1.15M per year
• One-time / capital & planning: $.8–$1M 5 years
• Core, sustainable program focusing on highest priorities • Scenario 2 – Intermediate
• Annual operating: $1.6–$2.3M per year
• One-time / capital & planning: $3–$5M over several
years
• Expanded resident support, fuels work, and EOC
capability
• Scenario 3 – Comprehensive
• Annual operating: $2.1–$3.0M per year
• One-time / capital & planning: $6–$11M+
• Whole-community program comparable to leading
WUI communities.
Scenarios are illustrative, not prescriptive, and can be phased or blended.
Cost projections are approximations based on costs from similar wildfire programs and adjusted for scope.
ITEM NO. 17.
Scenario 1: Foundational
Approx. $1.1–$1.15M per year Includes:
• Roadside Vegetation Management: Move from ad hoc, grant-funded projects to consistent annual maintenance on key evacuation routes.
• Open Space Vegetation Management: Maintain and modestly expand fuels work in Town open spaces that most directly threaten WUI neighborhoods.
• Community Outreach: Continue Firewise outreach and align Town support with defensible space / weed abatement inspections.
• EOC & Admin Support: Strengthen EOC training/exercises and add 0.5–1.0 FTE to coordinate the baseline program.
• One Time / Capital Costs (≈ $0.8–$1.0M over the first 5 years): Targeted backlog reduction roadside and open-space, limited early urban-forest hazard-tree work along key evacuation corridors (≈ $0.8–$1.0M total over the first 5–10 years).
Foundational
ITEM NO. 17.
Scenario 2: Intermediate Program
Approx. $1.6–$2.3M per year (plus moderate one-time investments) All Foundational elements plus:
• Roadside Vegetation Management: Increase miles treated on key evacuation routes and begin moving the highest-risk corridors toward an annual maintenance model. • Open Space & Park Fuel Treatments: Expanded open space and park areas that most directly threaten WUI neighborhoods.
• Resident Support Programs: WUI chipping/curbside green-waste service and launch a starter home-hardening / defensible-space grant program in priority neighborhoods. • EOC & Program Administration: Ensure at least one dedicated wildfire program manger FTE, plus targeted contract support (e.g., Fire Safe Council) for outreach, assessments, and neighborhood projects. • One Time / Capital Costs (≈ $3–$5M over the first 5–10+ years): Open-space backlog reduction and shaded fuel breaks, urban-forest hazard-tree work along priority evacuation routes, and initial low- to moderate-cost evacuation route improvements (e.g., turnouts, shoulder work, signage and striping).
Foundational Intermediate
ITEM NO. 17.
Scenario 3: Comprehensive Program
Approx. $2.1–$3.0M per year (plus larger capital over time) All Foundational & Intermediate elements plus:
• Roadside Vegetation Management: Annual/biannual treatment across all priority evacuation routes and regular fuels treatment.
• Open Space & Park Fuel Treatments: Maintain and expand a connected network of treated open-space units and fuel breaks where Town lands influence structure risk or evacuation routes. • Resident Support Programs: Neighborhood chipping/green-waste, home-hardening / defensible-space grants, and community wildfire-mitigation projects (e.g., block- or HOA-level work). • EOC & Program Administration: Fully staffed wildfire/emergency management program with dedicated Town positions and sustained contracted support to coordinate multi-year vegetation projects, grants, and neighborhood programs.
• One Time / Capital Costs (≈ $6–$11M+ over the first 5–10+ years): Full 12-year urban-forest tree cycle, expanded strategic fuel breaks and open-space backlog reduction, and a substantial portion of the long-term evacuation-route capital program (e.g., roadway widening, added turnouts, and other major improvements).
Foundational Intermediate Comprehensive
ITEM NO. 17.
Date
Emergency Management Fund ($1M Council Allocation)
Budget
Spent
Emergency Manager staffing and salary (FY24–25)
Public outreach (Firewise education and mailers)
Grant writing support
50yr Emergency Potable Water
$42,420
$31,413
$2,709
$5,000
$3,298
Allocated
Hilow Road tree removal
Sierra Azule Dr Brush Removal
$81,700
$80,000
$1,700
Reserved for Grant Matches
FEMA Hazard Mitigation Grant (Siren Sys)
USDA Community Wildfire Defense Grant (VMP)
$462,500
$400,000
$62,500
Remaining funds $413,380 Page 564
ITEM NO. 17.
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/16/2025
ITEM NO: 18
DATE: December 12, 2025
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt by Resolution “Statement and Findings” in Response to a Challenged Conduct Notice Submitted Regarding a Planning Application for the Proposed Project at 14288 Capri Drive.
RECOMMENDATION: Adopt by resolution “Statement and Findings” in response to a Challenged Conduct Notice submitted regarding a planning application for the proposed project at 14288 Capri Drive.
FISCAL IMPACT:
Adoption of these findings will not have a fiscal impact.
STRATEGIC PRIORITY:
Responding to the Challenged Conduct Notice supports the strategic priority of Housing Element implementation.
BACKGROUND:
The Town has received a Challenged Conduct Notice from the applicant for a housing development project located at 14288 Capri Drive. This is a Builder’s Remedy project proposed by Los Gatos LLC (Applicant). It consists of 119 units in 13 stories (four parking levels, eight residential levels, and a rooftop level with amenities). The proposed project (Project) is 171 feet tall and is located on a 0.53-acre lot in the C-1 (Neighborhood Commercial) zone.
The state Housing Accountability Act (HAA), which is codified in Government Code Section 65589.5, addresses the processing of planning applications for housing development projects.
The HAA was significantly amended by Assembly Bill 1893 (2024), which went into effect on January 1, 2025. A copy of the 2024 version and 2025 version of the HAA are attached as Attachments 1 and 2 hereto.
ITEM NO. 18.
PAGE 2 OF 6
SUBJECT: Resolution “Statement and Findings” in Response to Challenged Conduct Notice DATE: December 12, 2025
As amended, Section 65589.5(h)(6)(D) defines “disapproval of a housing development project” to include any instance in which a local agency “fails to cease a course of conduct undertaken for an improper purpose, such as to harass or cause unnecessary delay or needless increases in the cost of the proposed housing development project, that effectively disapproves the proposed housing development without taking final administrative action” if all of the conditions set forth in the subsection are met. Said conditions are as follows:
1) The project applicant must provide written notice detailing the challenged conduct and why it constitutes disapproval.
2) The notice must be posted to the local agency’s website, provided to any person who has requested notice, and filed with the County Clerk.
3) The local agency must consider all objections, comments, evidence, and concerns about the project or the applicant’s written notice for at least 60 days. 4) Within 90 days of receipt of the applicant’s written notice, the local agency must issue a written statement that it will immediately cease the challenged conduct or issue written findings that comply with both of the following requirements:
a. The findings articulate an objective basis for why the challenged course of conduct is necessary; and
b. The findings provide clear instructions on what the applicant must submit or supplement so that the local agency can make a final determination regarding the next necessary approval or set the date and time of the next hearing.
DISCUSSION:
The Applicant for the housing development project at 14288 Capri Drive has submitted a “Challenged Conduct Notice,” a copy of which is attached as Attachment 3. As required by statute, the Challenged Conduct Notice was posted to the Town’s website and filed with the County Clerk. No persons have requested mailed notice of Challenged Conduct Notices.
The Applicant objects to requests for information received from Town staff on the Project. A copy of the most recent comments from the Town’s Planning Division staff are attached as Attachment 4. The Challenged Conduct Notice alleges the following issues with the Town’s processing of the planning application: request for information to determine eligibility for exemption from the California Environmental Quality Act (CEQA); requirement to apply for a Conditional Use Permit; requirement to pay a deposit fee for Town Arborist’s peer review of report submitted by Applicant; requirement to pay a deposit fee for design review by Town’s Consulting Architect; responses to outside agencies and recommendation to meet with neighbors; and request for additional information regarding how the Project will comply with the Town’s Below Market Price (BMP) Program. In a separate letter, the Applicant also states that the Project is eligible for the AB 130 CEQA infill exemption.
ITEM NO. 18.
PAGE 3 OF 6
SUBJECT: Resolution “Statement and Findings” in Response to Challenged Conduct Notice DATE: December 12, 2025
Summary of Town’s Findings
Of importance here, the Project does not qualify as a Builder’s Remedy project under the 2025 statute because it is too dense. While the 2025 statute would allow 77 units with a density bonus (given the proposed affordable units), the Project proposes 119 units. A detailed calculation of the allowed versus proposed density is in the proposed findings (Attachment 5).
A. California Environmental Quality Act (“CEQA”)
The Applicant has taken the position that the Project is eligible for the new infill exemption for housing development projects created by Assembly Bill 130 (2025), codified in Public Resources Code Section 21080.66.
The Town met with the Applicant on September 17, 2025, to discuss, among other items raised by the Staff Technical Review Comments, the Project’s eligibility for the AB 130 exemption.
Following the meeting and as requested by Town staff, the Applicant’s legal counsel emailed Town staff with a memorandum detailing the Applicant’s position that the Project is exempt from CEQA. The Town was reviewing this memorandum and had not reached a conclusion about whether the Project qualified for said exemption when the Applicant filed the Challenged Conduct Notice (which incorporates the September 17, 2025 correspondence) on October 2, 2025.
“A local agency’s action in furtherance of complying with [CEQA]…shall not constitute project disapproval” pursuant to a Challenged Conduct Notice. [Section 65589.5(h)(6)(D)(vi).] Accordingly, all the issues raised by the Applicant regarding the Town’s actions in furtherance of complying with CEQA are not a proper subject for a Challenged Conduct Notice.
Moreover, the HAA establishes a specific procedure for an applicant to challenge a local agency if the applicant believes a project is eligible for a CEQA exemption. [Section 65589.5.1.] The Applicant has not invoked or followed this process.
B. Requirement for a Conditional Use Permit
The Challenged Conduct Notice objects to the Town’s requirement that the Applicant apply for a Conditional Use Permit (CUP). The proposed project is located in the C-1 zoning district. Multifamily residential is not a principally permitted use in the C-1 zone. Multi-family dwellings in a mixed-use project are permitted with a CUP. As a result, Town Code Section 29.20.185 requires that the applicant obtain a CUP.
The Applicant has challenged this requirement on the basis that the Town cannot require a CUP because the Project is a Builder’s Remedy project. Pursuant to the 2024 version of the HAA, the Town may require a Builder’s Remedy project to comply with any objective standards in effect