Los Gatos City Council
February 17, 2026

IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E. Main Street and virtually through Zoom Webinar (log-in information provided below). You may watch the Council meeting without providing public comment on Comcast cable channel 15 or at www.LosGatosCA.gov/TownYouTube. Members of the public may provide public comments for agenda items in-person or virtually by following the instructions listed at the end of the agenda.

To watch and participate via Zoom, please go to:
https://losgatosca-gov.zoom.us/j/86730363468?pwd=pfKQoh92JnbwOYwFvZqIdSSWpjxYoK.1 Enter Passcode: 577971

CALL MEETING TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PRESENTATIONS
i. Small Business Recognition
ii. Resident Recognition
CONSENT ITEMS (Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may remove an item from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions located at the end of this agenda. If an item is removed, the Mayor has the sole discretion to determine when the item will be heard.)

1. Approve the Minutes of the February 3, 2026, Boards and Commissions Interviews.

RECOMMENDATION: Approve the Minutes of the February 3, 2026, Boards and Commissions Interviews.

2. Approve the Minutes of the February 3, 2026, Town Council Meeting.

RECOMMENDATION: Approve the Minutes of the February 3, 2026, Town Council Meeting.

TOWN OF LOS GATOS

COUNCIL MEETING AGENDA
FEBRUARY 17, 2026
110 EAST MAIN STREET AND TELECONFERENCE

TOWN COUNCIL CHAMBERS
7:00 PM
Rob Moore, Mayor
Maria Ristow, Vice Mayor
Mary Badame, Council Member
Matthew Hudes, Council Member
Rob Rennie, Council Member

3. Approve the Minutes of February 10, 2026, Special Town Council Meeting.

RECOMMENDATION: Approve the Minutes of February 10, 2026, Special Town Council Meeting.

4. Receive the Monthly Financial and Investment Report for December 2025.

RECOMMENDATION: Receive the Monthly Financial and Investment Reports for December 2025.

5. Authorize the Town Manager to Execute an Agreement for Services with Schaaf & Wheeler for the Drainage Assessment of Loma Street in an Amount Not to Exceed $147,060.

RECOMMENDATION: Authorize the Town Manager to execute an agreement for services with Schaaf & Wheeler in an amount not to exceed $147,060 for the assessment of drainage on Loma Street (CIP No. 816-0421, 4618311).

6. Authorize the Town Manager to Execute an Amendment to an Agreement for Downtown Garbage and Recycling Services with Universal Site Services to Amend the Scope of Services and Increase the Total Agreement Amount by $2,056.76.

RECOMMENDATION: Authorize the Town Manager to execute the First Amendment to the Agreement for Services with Universal Site Services to amend the scope of services and increase the total agreement base amount by $2,056.76 for a total base amount of $217,026.66.

7. Adopt an Ordinance of the Town Council Amending the Town’s Special Events Regulations in Chapter 14 to Establish an Entertainment Zone, Pursuant to State Law, Allowing Outdoor Consumption of Alcoholic Beverages During Permitted Events Ordinance Title: An Ordinance of the Town Council of The Town of Los Gatos Amending Article X, “Special Events,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of the Town Of Los Gatos Town Code to Establish an Entertainment Zone Pursuant to SB 969
RECOMMENDATION: Adopt an Ordinance of the Town Council amending the Town’s Special Events Regulations in Chapter 14 to establish an Entertainment Zone, pursuant to State Law, allowing outdoor consumption of alcoholic beverages during permitted events.

8. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services with Pacific Water Art, Inc. to Increase the Agreement Amount for Additional Maintenance and Repair Costs.

RECOMMENDATION: Authorize the Town Manager to execute a second amendment to the agreement for services for Water Fountain Maintenance and Repair with Pacific Water Art, Inc., to increase the agreement amount by $25,397 for a total not to exceed amount of $102,853.

9. Approve the 2026 Work Plan Recommended by the Town’s Parks and Sustainability Commission
RECOMMENDATION: Approve the 2026 work plan recommended by the Town’s Parks and Sustainability Commission.

10. Approve the 2026 Town Council Policy Committee Work Plan RECOMMENDATION: Approve the 2026 work plan recommended by the Town Council Policy Committee work plan.

VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda and is within the subject matter jurisdiction of the Town Council. The law generally prohibits the Town Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. Town resources may not be used to facilitate audio or visual presentations. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. In the event additional speakers were not heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.)
PUBLIC HEARINGS (Presentations during the Public Hearings portion of the agenda by appellants and applicants, including any expert or consultant assisting with the presentation, shall be limited to a total of no more than five (5) minutes for all speakers. Appellants and applicants shall be provided no more than three (3) minutes to rebut at the end of the public hearing. Visual presentations that require the use of staff resources shall be limited to appellants and applicants.

Members of the public testifying at public hearings shall be limited to no more than three (3) minutes, or such time as authorized by the Mayor.)

11. Consider a Recommendation by the Planning Commission to Approve a Request to Modify Planned Development Ordinance 2281 to Allow for Two Lot Line Adjustments Between Three Properties and a Zone Change of a Portion of Land from HR-2½:PD to HR-1 on Properties Zoned HR-2½:PD and HR-1. Located at 16300 Greenridge Terrace, 16084 Greenridge Terrace, and 240 La Terra Court. APNs 527-12-003, 527-12-004, and 527-15-002. The Request for Modification of a Planned Development Ordinance is Not Considered a Project Pursuant to the California Environmental Quality Act (CEQA). The Request for a Lot Line Adjustment is Statutorily Exempt from CEQA as a Ministerial Approval in Accordance with Public Resources Code Section 21080(b)(1) (CEQA Statute) and CEQA Guidelines Section 15268. The Request for a Zone Change is Categorically Exempt Pursuant to CEQA Guidelines Section 15061(b)(3): Common Sense Exemption.

Property Owners: 16300 Greenridge Terrace and 240 La Terra Court: Greenridge Terrace Development, LLC; and 16084 Greenridge Terrace: Richard Luu. Applicant: Hanna Brunetti. Project Planner: Sean Mullin.

Ordinance Titles: An Ordinance of the Town Council of the Town of Los Gatos repealing and replacing Planned Development Ordinance 2281 establishing development standards and allowable uses for lots within the Planned Development Overlay zone for property located at 16100 Greenridge Terrace (APN: 527-12-002).

An Ordinance of the Town Council of the Town of Los Gatos amending the Zoning Code effecting a zone change from HR-2½:PD (Hillside Residential, two and one-half to 10 acres for each dwelling unit, Planned Development) to HR-1 (Hillside Residential, one to five acres for each dwelling unit) for a portion of property located at 16084 Greenridge Terrace.

RECOMMENDATION: Accept the Planning Commission’s recommendation and introduce an Ordinance repealing and replacing Planned Development Ordinance 2281 to allow for two Lot Line Adjustments between three properties and a zone change on a portion of land

from HR-2½:PD to HR-1; introduce an Ordinance effecting a zone change from HR-2½:PD to HR-1 for a portion of land; and adopt a Resolution approving two Lot Line Adjustments between three properties located at 16300 and 16084 Greenridge Terrace and 240 La Terra Court.

OTHER BUSINESS (Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.)

12. Adopt Amendments to Council Policy 5-02 Flag Policy to Establish a Commemorative Flag Framework
RECOMMENDATION: Adopt amendments to Council Policy 5-02 Flag Policy to establish a formal framework permitting the display of commemorative flags as an exercise of government speech, when initiated by a Councilmember and approved by resolution of the Town Council.

13. Adopt a Resolution Authorizing the Display of the Progress Pride Flag at Town Hall During the Month of June 2026
RECOMMENDATION: Adopt a Resolution authorizing the display of the Progress Pride Flag at Town Hall during the month of June 2026, consistent with the Town’s amended Flag Policy permitting commemorative flags when initiated and approved by the Town Council by resolution and constituting government speech.

14. Receive the FY 205-26 Mid-Year Budget Report, including the FY 2025-26 Year End Projections
RECOMMENDATION: Staff recommends that the Town Council take the following actions regarding the Mid-Year Budget Performance Report - July 1 - December 31, 2025:
a. Receive the FY 2025-26 Mid-Year Budget Report, including the FY 2025-26 Year End Projections;
b. Authorize budget adjustments of $3,581,888 in estimated revenues and $1,350,141 in increases expenses as recommended in the Mid-Year Budget Report; and c. Receive the Town Five Year Financial Projection from FY 2026-27 to FY 2030-31.

COUNCIL MATTERS (Members of the public who wish to speak on matters listed under Council Matters may do so under Verbal Communications.)

MANAGER MATTERS

ATTORNEY MATTERS AND CLOSED SESSION REPORT
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.)
ADA NOTICE - In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354-6834.

Please notify the Clerk’s Office at least two (2) business days prior to the meeting so that reasonable arrangements can be made to ensure accessibility in compliance with 28 CFR §35.102-

35.104 and related provisions.

NOTICE REGARDING SUPPLEMENTAL MATERIALS - Materials related to an item on this agenda submitted to the Town Council after initial distribution of the agenda packets are available for public inspection in the Clerk’s Office at Town Hall, 110 E. Main Street, Los Gatos and on the Town’s website at www.losgatosca.gov. Town Council agendas and related materials can be viewed online at https://losgatos-ca.municodemeetings.com/.

HOW TO PARTICIPATE
Members of the public may provide public comments for agenda items in-person or virtually through the Zoom Webinar by following the instructions listed below.

The public is welcome to provide oral comments in real-time during the meeting in three ways:

Zoom Webinar (Online): To participate from a PC, Mac, iPad, iPhone or Android device.

Please use this URL to join: https://losgatoscagov.zoom.us/j/86730363468?pwd=pfKQoh92JnbwOYwFvZqIdSSWpjxYoK.1 Passcode: 577971. You can also type in 867 3036 3468 in the “Join a Meeting” page on the Zoom website at www.zoom.us and use passcode 577971. When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom.

Telephone: To participate by phone please dial 1 (408) 961-3927 or 1 (855) 758-1310 for US Toll-free and use Meeting ID: 867 3036 3468. When the Mayor announces the item for which you wish to speak, press *9 on your telephone keypad to raise your hand.

In-Person: Please complete a “speaker’s card” located on the back of the chamber benches and submit it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak.

NOTES: Comments will be limited to three (3) minutes or less at the Mayor’s discretion. If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment).

Deadlines to submit written comments are:
-11:00 a.m. the Thursday before the Council meeting for inclusion in the agenda packet. -11:00 a.m. the Friday and Monday before the Council meeting for inclusion in an addendum. -11:00 a.m. the day of the Council meeting for inclusion in a desk item.

110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/17/2026
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting – Commissioner Interviews February 3, 2026
6:15 P.M.

The Town Council of the Town of Los Gatos conducted this special meeting in person and utilizing teleconferencing means.

MEETING CALLED TO ORDER AT 6:17 P.M.

ROLL CALL

Present: Mayor Rob Moore, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Rob Rennie, Council Member Matthew Hudes.

Absent: None.

VERBAL COMMUNICATIONS
No one spoke
Wendy Wood, Town Clerk, explained the interview process.

OTHER BUSINESS

1. Interview Applicants and Make Appointments to Town Boards, Committees, and Commissions.

Mayor Moore welcomed applicants and explained the interview process.

The Town Council interviewed the following applicants:
 COMMUNITY HEALTH AND SENIOR SERVICES COMMISSION (CHSSC) o Stewart Brewster
o Lura Halbert
Ballots were distributed to each Council Member, and the Town Clerk explained that a candidate must receive a majority vote of three or more to be appointed. The Council Members completed their ballots and provided them to the Town Clerk. Town Clerk Wood read the votes and appointments as follows:
 COMMUNITY HEALTH AND SENIOR SERVICES COMMISSION (CHSSC) o Stewart Brewster received four votes (Moore, Badame, Hudes and Rennie) o Lura Halbert received one vote (Ristow)

ITEM NO. 1.

PAGE 2 OF 2
SUBJECT: Draft Minutes of the Town Council Special Meeting of February 3, 2026 - Commissioner Interviews
DATE: February 10, 2026
Stewart Brewster was appointed to the Community Health and Senior Services Commission by a majority vote.

ADJOURNMENT
The meeting adjourned at 6:47 p.m.

Respectfully Submitted:
_____________________________________
Keara Johnson, Deputy Town Clerk

ITEM NO. 1.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/17/2026
ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
Tuesday, February 3, 2026
The Town Council of the Town of Los Gatos conducted a regular meeting in person and via teleconference.

MEETING CALLED TO ORDER AT 7:01 P.M.

ROLL CALL

Present: Mayor Rob Moore, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Rob Rennie, Council Member Matthew Hudes.

Absent: None.

PLEDGE OF ALLEGIANCE
Daniel Choi, Aditya Desai, Arjun Desai, and Yuvaan Pawar from Stratford School lead the Pledge of Allegiance. The audience was invited to participate.

Mayor Moore stated that Item 14 on the agenda is being removed and will be rescheduled to a future meeting.

CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
Vilca Rodríguez, Human Resources Manager, provided an oral summary of the recommended action for items 10 and 11, in accordance with Government Code 54953(c)(3).

1. Approve the Minutes of the January 13, 2026, Special Town Council Meeting.

2. Approve the Minutes of the January 20, 2026, Town Council Closed Session Meeting.

3. Approve the Minutes of the January 20, 2026, Town Council Meeting.

4. Approve the Closed Session Meeting Minutes of January 21, 2026.

5. Approve the Special Meeting Minutes of January 21, 2026.

6. Adopt an Ordinance of the Town Council of the Town of Los Gatos Effecting a Zone Change from C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay), for Property Located at 4 Tait Avenue.

APN: 510-44-054. Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061 (b)(3). Zone Change Application Z-25-002. Property Owner/Applicant: Town of Los Gatos. Project Planner: Sean Mullin. ORDINANCE 2381

7. Accept the Vasona Oaks Storm Drainage Repair Project (Phase 1), Authorize the Town

ITEM NO. 2.

PAGE 2 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of February 3, 2026 DATE: February 10, 2026
Manager to Execute a Notice of Completion and Direct Staff to Record the Notice of Completion.

8. Authorize the Town Manager to Execute an Amendment to the Agreement with MBS Business Systems (MBS) to Remove the Table Specifying Annual Printer Replacement Costs While Maintaining the Total Not-to-Exceed Amount of $260,540

9. Adopt a Resolution Authorizing Banking Signature Authority for Designated Town Personnel. RESOLUTION 2026-006

10. Adopt a Resolution to Approve a Fourth Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Attorney and Authorize the Mayor to Execute the Amendment; Modify the Management Salary Schedule to Reflect the New Salary of $310,000; and Authorize a Budget Adjustment in the Amount of $24,195 from Available General Fund Unassigned Balance. RESOLUTION 2026-007

11. Adopt a Resolution to Approve the First Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Manager and Authorize the Mayor to Execute the Amendment; Modify the Management Salary Schedule to Reflect a New Salary of $366,000; and Authorize a Budget Adjustment in the Amount of $19,766 funded from Available General Fund Unassigned Fund Balance. RESOLUTION 2026-008

12. Approve the 2026 Work Plans Recommended by the Town’s Library Board, Arts and Culture Commission, Complete Streets and Transportation Commission, and Finance Commission.

Council Member Hudes pulled Item number one.

Mayor Moore opened public comment.

Member of the Public
- Commented on concerns with item three.

Mayor Moore closed public comment.

MOTION: Motion by Vice Mayor Ristow to approve items two through twelve. Seconded by Council Member Rennie.

VOTE: Motion passed unanimously.

VERBAL COMMUNICATIONS
Jim Ratcliff
- Commented on a conditional use permit modification for the West Valley Museum Association.

Kim Ratcliff
- Commented on conditional use permit modification for the West Valley Museum Association.

ITEM NO. 2.

PAGE 3 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of February 3, 2026 DATE: February 10, 2026
Mitchelle
- Commented on conditional use permit modification for the West Valley Museum Association.

Carol Manchester
- Commented on concerns regarding Immigration and Customs Enforcement (ICE).

Susan Ann Lorig
- Commented on concerns regarding Immigration and Customs Enforcement (ICE).

Jeffrey Suzuki
- Commented on concerns regarding Immigration and Customs Enforcement (ICE).

Nigel Chandler
- Commented on concerns regarding Immigration and Customs Enforcement (ICE).

Jason James
- Commented on concerns regarding Immigration and Customs Enforcement (ICE).

Debbie Lowe
- Commented on concerns regarding Immigration and Customs Enforcement (ICE).

Carmen Lowe
- Commented on concerns regarding Immigration and Customs Enforcement (ICE).

Tim Crane
- Commented on concerns regarding Immigration and Customs Enforcement (ICE).

Carrin Yamamoto
- Commented on concerns regarding a possible water leak on Los Gatos Boulevard.

Joe Enz, Friends of the Los Gatos Creek
- Commented on addressing an unsecured gate.

Member of the Public
- Commented on various concerns.

Gordon Yamate
- Commented on concerns regarding Immigration and Customs Enforcement (ICE).

Amy
- Commented on concerns regarding Immigration and Customs Enforcement (ICE).

ITEM NO. 2.

PAGE 4 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of February 3, 2026 DATE: February 10, 2026
Tina Phan
- Shared personal experiences as an immigrant.

Ali Miano
- Commented on a recent Texas court decision and the judge’s comments.

Autumn
- Commented on a family member’s experience and recent government actions.

PUBLIC HEARING

13. Conduct a Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2026 Weed Abatement Program Commencement Report and Order Abatement.

Nicole Burnham, Parks and Public Works Director, presented the staff report.

Council members asked questions.

Mayor Moore opened public comment.

Doug Ferrante
- Commented in objection to being included on the property abatement list and requested that his property be removed.

Mayor Moore closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Rennie to remove item twenty-two, which is 14990 Terreno De Flores, and continue with all the rest of the properties on the list [2026 Weed Abatement Program Commencement Report]. Seconded by Council Member Hudes.

VOTE: Motion passed unanimously.

14. Receive the Preliminary Baseline Forecast Model and Assumptions from NHA Advisors and Provide Feedback
This item was removed and will be rescheduled for another meeting.

OTHER BUSINESS

15. Introduce an Ordinance of the Town Council Amending the Town’s Special Events Regulations in Chapter 14 to Establish an Entertainment Zone, Pursuant to State Law,

ITEM NO. 2.

PAGE 5 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of February 3, 2026 DATE: February 10, 2026
Allowing Outdoor Consumption of Alcoholic Beverages During Permitted Events.

Monica Renn, Economic Vitality Manager, presented the staff report.

Council asked questions.

Mayor Moore opened public comment.

Member of the Public
- Commented on attracting tourism during the upcoming sporting events.

Mayor Moore closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Badame to introduce an ordinance of the Town of Los Gatos amending article X, “Special Events,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of the Town of Los Gatos Town Code to establish an Entertainment Zone pursuant to SB 969 with the addition of Section

14.100.035 Subsection 14 which reads “an entertainment zone event is a discretionary permit and may be denied at the discretion of the Town Manager, or designee; and confirming the eligible area is as specified and depicted in the draft ordinance modifications in Section 14.100.070 Subsection h, which specifies C-2 Central Business District Commercial Zone inclusive of public parking lots, alleyways, and parks located within the Central Business District (C-2); and the portion of C-1, Neighborhood Commercial Zoning located directly adjacent to the south-west of the C-2 Zone along E. Main Street, between Pageant Way and Alpine Avenue as shown on the map below with in the ordinance [the map will be updated to depict all properties in the entertainment zone as listed in the ordinance]. AMENDMENT:
include a recommendation to identify an eco-friendly cup that would be used.

Seconded by Vice Mayor Ristow.

VOTE: Motion passed unanimously.

Mayor Moore called a recess at 8:59 p.m.

Mayor Moore reconvened the meeting at 9:09 p.m.

16. Approve a Council Policy Regarding Adoption of Certain Town Assets Nicole Burnham, Parks and Public Works Director, presented the staff report.

Council asked questions.

ITEM NO. 2.

PAGE 6 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of February 3, 2026 DATE: February 10, 2026
Mayor Moore opened public comment.

No one spoke.

Mayor Moore closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Hudes to approve a Council Policy entitled Adoption of Assets on Town-Owned Property, with the amendment under page three, section starting with sentiment on the plaque to change shall to may, and after the four bullet point messages, to add a paragraph that reads “If a custom message is desired, such message shall be reviewed in accordance to administrative policies intended to restrict objectively obscene, explicit, or threatening messaging.” Seconded by Vice Mayor Ristow.

VOTE: Motion passed unanimously.

CONSENT ITEMS

1. Approve the Minutes of the January 13, 2026, Special Town Council Meeting.

Council Member Hudes raised some concerns about the level of detail in the minutes.

Council asked questions.

Mayor Moore opened public comment.

Member of the Public
- Commented on concerns related to this item.

Mayor Moore closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Hudes to continue this item to allow the Town Clerk to review the minutes for consistency with our policy and consistency with the record of the meeting, and to bring this back at the next Council meeting. Seconded by Council Member Badame.

SUBSTITUTE MOTION: Motion by Council Member Rennie to approve the minutes. Seconded by Vice Mayor Ristow.

VOTE: Motion passed 3-2. Council Members Hudes and Badame voted no.

ITEM NO. 2.

PAGE 7 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of February 3, 2026 DATE: February 10, 2026

COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Rennie stated he met with the developers of 647 N. Santa Cruz, attended the swearing-in of our new county assessor, and the Silicon Valley Clean Energy Risk Oversight Committee meeting.
- Council Member Hudes stated he attended the Silicon Valley Regional Interoperability Authority (SVRIA) board of directors meeting: participated in the Community Health and Senior Services Commission meeting; attended the Cities Association City Selection Committee meeting, and was appointed to the Board of SVRIA; participated in a program at Tarana Wireless; and attended the Finance Commission Meeting. - Vice Mayor Ristow stated she met with county representatives regarding nutrition food funding; attended the Cities Association Legislative Action Committee meeting; met with Live Oak board member regarding Nutrition programs; participated in a project meeting to discuss partners in local governess effort; met with the Executive Director of Safe Routes to School; attended the 2026 Cal Cities Legislator Spotlight for Peninsula division residents, the Finance Commission meeting; and met with residents to discuss Fock cameras. - Council Member Badame stated she participated in the Council Policy committee meeting, and the Silicon Valley Animal Control Authority board meeting, and was appointed Chair. - Mayor Moore stated he met with students at Hillbrook School, toured Pacific Clinics campus; met with representatives from Cal Trans and the California Transportation Commission; spoke with the Union Middle School Eighth grade leadership class; attended the Joint Venture Leadership lunch, the City’s Peninsula Division Legislator Spotlight, Wedemeyer boys and girls football games, spoke with members of Democracy Tent; met with the Los Gatos Saratoga Joint Union School District board president and superintendent, Director General of the Taipei Economic and Cultural Office, spoke with the Christy Sereno Realtors; and was appointed to the Association of Bay Area Governments Executive Committee.

Town Manager Report
Chris Constantin, Town Manager
- Provided information regarding the reported water issue on Los Gatos Boulevard, the unsecured fence along the creek, and commented on Super Bowl preparations, including drone restrictions.

Closed Session Reports
Cassie Bronson, Consultant Attorney
- Stated the Town Council met in closed session on January 20 pursuant to Government Code Section 54957.6 to conference with its labor negotiators regarding negotiations with the Police Officers Association, and there was no reportable action from that conference. On January 21, the town council met in closed session pursuant to Government Code, 54957, to discuss performance evaluations for the Town Manager and the Town Attorney and the amendments to those employment contracts were on the council agenda.

ADJOURNMENT

ITEM NO. 2.

PAGE 8 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of February 3, 2026 DATE: February 10, 2026
The meeting adjourned at 10:24 p.m.

Respectfully Submitted:
_____________________________________
Keara Johnson, Deputy Town Clerk

ITEM NO. 2.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/17/2026
ITEM NO: 3
DRAFT
Minutes of the Town Council Special Meeting
Tuesday, February 10, 2026
The Town Council of the Town of Los Gatos conducted a special meeting in person and via teleconference.

MEETING CALLED TO ORDER AT 5:31 P.M.

ROLL CALL

Present: Mayor Rob Moore, Vice Mayor Maria Ristow, Council Member Matthew Hudes, Council Member Rob Rennie, and Council Member Mary Badame.

VERBAL COMMUNICATION
No one spoke.

OTHER BUSINESS

1. Discussion of the Town’s Strategic Priorities and Budget Process.

Chris Constantin, Town Manager, gave a presentation on the topic.

Mayor Moore opened public comment.

Tom Picraux
- Commented on the Senior Services Roadmap implementation milestones.

Mayor Moore closed public comment.

Council discussed the Strategic Priorities and proposed modifications to the language.

MOTION: Motion by Vice Mayor Ristow to approve the changes to Strategic Priority number eleven under Additional Priorities to reflect new language that says: “Continue to engage the community service providers to meet the individualized and complex needs of unhoused residents, while pursuing a more coordinated regional approach.” Seconded by Council Member Hudes.

VOTE: Motion passed unanimously.

After further discussion, the Town Manager provided the following suggested modified language for priority number five: “Implement transportation demand management, traffic calming and other innovative efforts to mitigate traffic congestion and improve safety for all users, including bicycle and pedestrian improvements.”

ITEM NO. 3.

PAGE 2 OF 2
SUBJECT: Draft Minutes of the Town Council Special Meeting of February 10, 2026 DATE: February 10, 2026
MOTION: Motion by Council Member Badame to accept the Town Manager’s recommendation on additional Strategic Priority number five. Seconded by Vice Mayor Ristow.

VOTE: Motion passed unanimously.

Mayor Moore called a recess at 7:50 p.m.

Mayor Moore reconvened the meeting at 8:00 p.m.

2. Training on Rosenberg’s Rules of Order.

Chris Constantin, Town Manager, gave a presentation on the topic.

Mayor Moore opened public comment.

Karin Yamamoto
- Asked about debate time limits and guidelines for speaker conduct.

Mayor Moore closed public comment.

Council asked questions and received the training.

ADJOURNMENT
The meeting adjourned at approximately 8:29 p.m.

Respectfully Submitted:
____________________________________
Wendy Wood, Town Clerk

ITEM NO. 3.

PREPARED BY: Eric Lemon
Finance and Accounting Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 2/17/2026
ITEM NO: 4
DATE: February 11, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Receive the Monthly Financial and Investment Report for December 2025 RECOMMENDATION: Receive the Monthly Financial and Investment Reports for December 2025.

FISCAL IMPACT:

There is no fiscal impact from the receipt of this report.

STRATEGIC PRIORITY:

This item aligns with the strategic priority to ensure prudent financial management.

BACKGROUND:

California Government Code Section 41004 requires that the Town Treasurer submit to the Town Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Administrative Services Director assumes the Town Treasurer role. Attachment 1 contains the December 2025 monthly Financial and Investment Report, which fulfills this requirement.

The December 2025 Monthly Financial and Investment Report was received by the Finance Commission at its February 9, 2026, regular meeting.

ITEM NO. 4.

PAGE 2 OF 3
SUBJECT: Monthly Financial and Investment Report for December 2025 DATE: February 11, 2026
DISCUSSION:

The December 2025 Monthly Financial and Investment Report includes a Fund Balance Schedule, representing estimated funding available for all funds at the beginning of the fiscal year and at the end of the respective month.

As operations fluctuate month to month, there are differences between balances in one month and balances in another. Such differences may be significant due to the type of activity in those months and the timing of any estimates used in the presentation, based on the information available. This is demonstrated by the attached December 31, 2025, fund balance report.

In the case that the differences are extraordinary and unanticipated, we will ensure we present more information to explain the differences.

The difference between the December 31 and November 30 estimated fund balance is due to normal day-to-day fluctuations in revenues and expenditures.

Please note that the amount in the Fund Schedule differs from the Portfolio Allocation and Treasurer’s Cash Fund Balances Summary schedule because assets and liabilities are components of the Fund Balance.

As illustrated in the summary below, Ending Fund Balance = Cash + Assets - Liabilities, which represents the actual amount of funds available.

As of December 31, 2025, the Town’s financial position (Cash Plus Other Assets $86.21M, Liabilities $21.97M, and Fund Equity $64.24M) remains strong, and the Town has sufficient funds to meet the cash demands for the next six months.

As of December 31, 2025, the Town’s weighted portfolio yield for investments under management was 4.24%, which was 21 basis points above the Local Agency Investment Fund (LAIF) yield of 4.03% for the same reporting period. Currently, the LAIF portfolio’s weighted average maturity (WAM) is 244 days versus the Town’s longer WAM of 643 days. The Town’s assets under management reflect the Town’s selection of the 1-3 year benchmark investment strategy through the Town’s investment advisor to lock in higher yields at the top of the interest rate cycle. The longer maturities are balanced with shorter-term yields available on investments held with the State’s LAIF. The Town’s weighted average rate of return on

ITEM NO. 4.

PAGE 3 OF 3
SUBJECT: Monthly Financial and Investment Report for December 2025 DATE: February 11, 2026
investments under management of 4.24% at the close of December was 3 basis points lower when compared to the prior month’s return of 4.27% reported as of November 30, 2025.

Since December 2024, LAIF yields decreased from 443 basis points (4.43%) to 403 basis points (4.03%) through the end of December 2025. The State LAIF pool typically lags the market when current market yields are either increasing or decreasing.

The Federal Open Market Committee implemented three rate cuts in 2025. The first, on September 17, reduced the federal funds target range by 25 basis points to 4.00%–4.25% amid slower economic growth in the first half of the year and emerging signs of labor-market softening. A second 25-basis-point cut on October 29 brought the range down to 3.75%–4.00% as labor-market weakness and broader economic uncertainty persisted. At its December 10 meeting, the Committee approved a final 25-basis-point reduction to 3.50%–3.75%, reflecting ongoing concerns about the economic outlook. These adjustments align with the FOMC's objective to promote maximum employment and achieve a year-over-year inflation target of 2%.

In the US, the unemployment rate rose to 4.6%, the highest since October 2021. However, jobless claims decreased over the month. Initial claims fell from 237,000 to 199,000 during December and continuing claims fell to 1.866m. Residual seasonality may have had a measure of impact.

The Town's investments are in compliance with the Town's Investment Policy dated March 18, 2025, and are also in compliance with the requirements of Section 53600 et seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.

CONCLUSION:

Receive the Monthly Financial and Investment Report for December 2025.

Attachments:

1. Financial and Investment Report (December 2025)

ITEM NO. 4.

Weighted Average YTM Portfolio Yield on Investments
under Management 4.24%
Weighted Average Maturity (days) 643
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $72,645,597 $69,422,880 $66,720,922 Managed Investments $52,793,844
Local Agency Investment Fund $9,497,276
Reconciled Demand Deposit Balances $10,354,476
Portfolio Allocation & Treasurer's Cash Balances $72,645,597 Benchmarks/ References:

Town's Average Yield 4.24% 4.27% 4.44%
LAIF Yield for month 4.03% 4.10% 4.43%
3 mo. Treasury 3.63% 3.80% 4.31%
6 mo. Treasury 3.60% 3.76% 4.27%
2 yr. Treasury 3.47% 3.49% 4.24%
5 yr. Treasury 3.73% 3.60% 4.38%
10 Yr. Treasury 4.17% 4.01% 4.57%
Town of Los Gatos
Summary Investment Information
December 31, 2025
0 - 1 year
36%
1 - 2 years
23%
2 - 3 years
17%
3 - 5 years
24%
Portfolio Maturity Profile
Compliance: The Town's investments are in compliance with the Town's investment policy dated March 18, 2025, and also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.

ATTACHMENT 1 Page 21
ITEM NO. 4.

Month YTD
Cash & Investment Balances - Beginning of Month/Period $ 69,422,879.89 $ 81,558,113.19 Receipts 7,235,971.88 40,802,746.65
Disbursements (4,013,255.09) (49,715,263.16)
Cash & Investment Balances - End of Month/Period $72,645,596.68 $72,645,596.68 Portfolio Allocation Amount % of Portfolio
Max. % or $ Allowed
per State Law or Policy
BNY MM $88,866.54 0.14% 20% of Town Portfolio
US Treasury Notes $23,040,182.23 36.99% No Max. on US Treasuries Government Agency Debenture Notes $14,316,775.31 22.98% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $15,348,020.30 24.64% 30% of Town Portfolio Local Agency Investment Fund $9,497,275.92 15.25% $75 M per State Law Subtotal - Investments 62,291,120.30 100.00%
Reconciled Demand Deposit Balances 10,354,476.38
Total Portfolio Allocation & Treasurer's Cash Balances $72,645,596.68

0.0401

0.0388
Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
December 31, 2025
BNY MM

0.14%
US Treasury Notes

36.99%
Government Agency
Debenture Notes

22.98%
Corporate Medium Term
Bonds

24.64%
Local Agency Investment Fund

15.25%
Portfolio Investment Allocation
$66.7 M
$72.6 M
$0.0 M
$10.0 M
$20.0 M
$30.0 M
$40.0 M
$50.0 M
$60.0 M
$70.0 M
$80.0 M
$90.0 M
Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 Treasurer's Fund Balances

ITEM NO. 4.

December 2025 December 2025 December 2025
Beginning Deposits Interest/ Ending
Balance Realized Gain/Adj. Earnings Withdrawals Balance Non-Treasury Funds:

Cert. of Participation 2002 Ser A Reserve Fund $ 694,887.73 $ - $ 1,964.76 $ - $ 696,852.49 Note 1 Cert. of Participation 2010 Ser Lease Payment Fund 2,641.87 - 8.34 - 2,650.21 Note 2 Cert. of Participation 2002 Ser A Lease Payment Fund 14,427.09 - 40.78 - 14,467.87 Note 1 Cert. of Participation 2010 Ser Reserve Fund 1,299,272.02 - 4,082.35 - 1,303,354.37 Note 2 Total Restricted Funds: $ 2,011,228.71 $ - $ 6,096.23 $ - $ 2,017,324.94 CEPPT IRS Section 115 Trust 3,237,625.32 - (3,471.98) - $ 3,234,153.34 Note 3 Grand Total COP's and CEPPT Trust $ 5,248,854.03 $ - $ 2,624.25 $ - $ 5,251,478.28 These accounts are not part of the Treasurer's fund balances reported elsewhere in this report, as they are for separate and distinct entities.

Note 1: The three original funds for the Certificates of Participation 2002 Series A consist of construction funds which will be expended over the next few years, reserve funds which will guarantee the payment of lease payments, and a third fund for the disbursement of lease payments and initial delivery costs.

Note 2: The 2010 COP Funds are all for the Library construction, reserves to guarantee lease payments, and a lease payment fund for the life of the COP issue. The COI fund was closed in September 2010.

Note 3: The CEPPT IRS Section 115 Trust was established as an irrevocable trust dedicated to accumulate resources to fund the Town's unfunded liabilities related to pension and other post employment benefits.

Town of Los Gatos
Non-Treasury Restricted Fund Balances
December 31, 2025

ITEM NO. 4.

July 2025 $ 238,713.97
August 2025 $ 238,367.28
September 2025 $ 259,685.13
October 2025 $ 228,769.00
November 2025 $ 220,968.79
December 2025 $ 234,197.60
January 2026 $ -
February 2026 $ -
March 2026 $ -
April 2026 $ -
May 2026 $ -
June 2026 $ -
$ 1,420,701.77
Town of Los Gatos
Statement of Interest Earned
December 31, 2025

ITEM NO. 4.

Original Issue Market Value Maturity Yield to Interest Interest Interest Days Deposit Par Original (Discount) Market Above (Under) Purchased Date or Maturity Received Earned Earned to Institution CUSIP # Security Coupon Date Value Cost Premium Value Cost Interest Call Date or Call to Date Prior Yrs. Current FY Maturity Apple 037833DB3 Corporate Bond 2.90% 12/20/2022 1,300,000.00 1,228,591.00 (71,409.00) 1,284,244.00 55,653.00 6/21/2027 4.19% $ 102,837.22 $ 135,426.07 $ 26,997.18 537 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 (8,040.00) 998,130.00 6,170.00 1/1/2026 3.04% $ 94,750.00 $ 94,051.74 $ 16,310.57 1 FFCB 3133EN5V8 Gov. Agency Debenture 4.13% 1/17/2023 236,000.00 239,174.20 3,174.20 237,290.92 (1,883.28) 1/11/2027 3.76% $ 24,175.25 $ 21,918.24 $ 4,506.10 376 US Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 (87,434.82) 794,736.00 82,170.82 3/31/2026 4.14% $ 18,000.00 $ 85,193.12 $ 15,613.08 90 JP Morgan Chase 46625HRS1 Corporate Bond 3.20% 9/23/2022 500,000.00 474,660.00 (25,340.00) 498,510.00 23,850.00 3/15/2026 4.70% $ 51,644.44 $ 64,505.94 $ 11,739.95 74 FHLB 3130AQF65 Gov. Agency Debenture 1.25% 11/30/2022 1,300,000.00 1,160,559.40 (139,440.60) 1,271,959.00 111,399.60 12/21/2026 4.15% $ 49,697.92 $ 130,709.25 $ 25,504.24 355 FHLB 3130APJH9 Gov. Agency Debenture 1.00% 1/17/2023 1,000,000.00 907,010.00 (92,990.00) 989,670.00 82,660.00 10/28/2026 4.17% $ 28,354.17 $ 84,829.28 $ 17,439.76 301 FFCB 3133EN5N6 Gov. Agency Debenture 4.00% 2/8/2023 1,700,000.00 1,706,732.00 6,732.00 1,716,456.00 9,724.00 1/6/2028 3.91% $ 163,955.56 $ 159,363.33 $ 33,588.61 736 American Honda 02665WED9 Corporate Bond 4.70% 5/11/2023 600,000.00 608,856.00 8,856.00 608,304.00 (552.00) 1/12/2028 4.34% $ 61,178.33 $ 56,288.41 $ 13,261.29 742 US Treasury 91282CEF4 US Treasury Note 2.50% 6/9/2023 1,500,000.00 1,416,626.12 (83,373.88) 1,481,490.00 64,863.88 3/31/2027 4.09% $ 86,577.87 $ 122,333.72 $ 29,932.72 455 Colgate-Palmolive 194162AR4 Corporate Bond 4.60% 7/14/2023 500,000.00 504,655.00 4,655.00 507,840.00 3,185.00 2/1/2028 4.37% $ 49,002.79 $ 43,173.83 $ 11,079.48 762 FFCB 3133EPQC2 Gov. Agency Debenture 4.63% 7/17/2023 500,000.00 501,957.50 1,957.50 502,405.00 447.50 7/17/2026 4.48% $ 46,250.00 $ 43,961.07 $ 11,328.90 198 FFCB 3133EPBM6 Gov. Agency Debenture 4.13% 7/14/2023 600,000.00 596,220.00 (3,780.00) 605,964.00 9,744.00 8/23/2027 4.29% $ 52,181.25 $ 50,424.13 $ 12,940.08 600 PNC Bank 69353RFJ2 Corporate Bond 3.25% 7/25/2023 1,000,000.00 921,490.00 (78,510.00) 989,380.00 67,890.00 12/23/2027 5.23% $ 64,729.17 $ 97,247.67 $ 25,345.00 722 US Treasury 91282CFU0 US Treasury Note 4.13% 7/31/2023 1,300,000.00 1,290,660.60 (9,339.40) 1,314,573.00 23,912.40 10/31/2027 4.31% $ 120,656.25 $ 107,052.11 $ 28,139.41 669 Toyota Motor Credit 89236TKL8 Corporate Bond 5.45% 8/25/2023 1,600,000.00 1,617,168.00 17,168.00 1,647,920.00 30,752.00 11/10/2027 5.16% $ 192,566.67 $ 153,725.55 $ 41,904.45 679 US Treasury 912810FE3 US Treasury Note 5.50% 10/3/2023 1,200,000.00 1,238,207.14 38,207.14 1,259,580.00 21,372.86 8/15/2028 4.76% $ 123,211.96 $ 101,335.84 $ 29,317.29 958 Pepsico Inc 713448DF2 Corporate Bond 2.85% 10/16/2023 1,000,000.00 947,570.00 (52,430.00) 998,470.00 50,900.00 2/24/2026 5.24% $ 52,883.33 $ 86,538.35 $ 25,558.68 55 FFCB 3133EPUW3 Gov. Agency Debenture 4.75% 10/13/2023 1,000,000.00 994,338.00 (5,662.00) 1,007,370.00 13,032.00 9/1/2026 4.96% $ 89,458.33 $ 84,828.57 $ 24,933.64 244 US Treasury 91282CEW7 US Treasury Note 3.25% 10/16/2023 1,000,000.00 950,039.06 (49,960.94) 996,640.00 46,600.94 6/30/2027 4.73% $ 71,711.96 $ 78,477.53 $ 23,177.95 546 US Treasury 91282CEN7 US Treasury Note 2.75% 10/31/2023 1,300,000.00 1,214,336.39 (85,663.61) 1,287,455.00 73,118.61 4/30/2027 4.82% $ 71,500.00 $ 100,336.49 $ 30,364.99 485 US Treasury 91282CCH2 US Treasury Note 1.25% 12/21/2023 900,000.00 798,647.55 (101,352.45) 852,012.00 53,364.45 6/30/2028 3.99% $ 22,805.71 $ 51,319.84 $ 16,953.05 912 FNMA 3135G0Q22 Gov. Agency Debenture 1.88% 12/21/2023 900,000.00 845,676.00 (54,324.00) 888,966.00 43,290.00 9/24/2026 4.22% $ 29,671.88 $ 55,770.03 $ 18,423.14 267 US Treasury 91282CFB2 US Treasury Note 2.75% 1/2/2024 1,000,000.00 960,354.91 (39,645.09) 988,790.00 28,435.09 7/31/2027 3.95% $ 43,417.12 $ 57,605.73 $ 19,448.54 577 US Treasury 91282CHE4 US Treasury Note 3.63% 1/17/2024 1,800,000.00 1,775,185.72 (24,814.28) 1,805,130.00 29,944.28 5/31/2028 3.97% $ 121,942.63 $ 102,986.91 $ 35,753.94 882 JP Morgan Chase 46647PDG8 Corporate Bond 4.85% 2/1/2024 1,400,000.00 1,396,528.00 (3,472.00) 1,418,172.00 21,644.00 7/25/2027 4.93% $ 100,739.10 $ 97,231.80 $ 34,739.13 571 US Bancorp 91159HJF8 Corporate Bond 4.55% 2/5/2024 1,000,000.00 989,200.00 (10,800.00) 1,008,430.00 19,230.00 7/22/2027 4.89% $ 66,577.67 $ 68,041.60 $ 24,500.30 568 Treasury 91282CHB0 US Treasury Note 3.63% 2/23/2024 1,175,000.00 1,151,962.92 (23,037.08) 1,175,317.25 23,354.33 5/15/2026 4.56% $ 73,485.92 $ 71,517.53 $ 26,692.14 135 FHLB 3130AXB31 Gov. Agency Debenture 4.88% 2/27/2024 1,000,000.00 1,003,060.00 3,060.00 1,002,490.00 (570.00) 3/13/2026 4.72% $ 76,104.17 $ 63,303.13 $ 23,819.58 72 FFCB 3133EP5U5 Gov. Agency Debenture 4.13% 3/28/2024 1,700,000.00 1,687,981.00 (12,019.00) 1,726,588.00 38,607.00 3/20/2029 4.28% $ 103,629.17 $ 91,219.09 $ 36,567.13 1175 US Treasury 9128285M8 US Treasury Note 3.13% 4/30/2024 1,200,000.00 1,123,832.14 (76,167.86) 1,187,016.00 63,183.86 11/15/2028 4.69% $ 57,795.34 $ 63,313.82 $ 27,346.81 1050 Cisco Systems 17275RBR2 Corporate Bond 4.85% 5/15/2024 1,000,000.00 999,130.00 (870.00) 1,027,080.00 27,950.00 1/26/2029 4.87% $ 62,106.94 $ 54,820.58 $ 24,542.55 1122 Home Depot 437076CW0 Corporate Bond 4.90% 5/17/2024 1,000,000.00 1,001,790.00 1,790.00 1,029,630.00 27,840.00 4/15/2029 4.86% $ 69,144.44 $ 54,498.76 $ 24,517.78 1201 Treasury 91282CJR3 US Treasury Note 3.75% 5/31/2024 1,200,000.00 1,154,629.02 (45,370.98) 1,207,272.00 52,642.98 12/31/2028 4.68% $ 71,208.79 $ 59,398.06 $ 27,668.97 1096 American Honda 02665WEY3 Corporate Bond 4.95% 6/27/2024 1,000,000.00 995,640.00 (4,360.00) 1,000,180.00 4,540.00 1/9/2026 5.25% $ 51,287.50 $ 52,766.88 $ 26,383.44 9 FHLB 3130B1BT3 Gov. Agency Debenture 4.88% 7/2/2024 1,150,000.00 1,150,966.00 966.00 1,156,911.50 5,945.50 6/12/2026 4.82% $ 75,372.92 $ 55,261.42 $ 28,011.30 163 Citibank 17325FBK3 Corporate Bond 4.84% 8/15/2024 1,250,000.00 1,263,062.50 13,062.50 1,280,162.50 17,100.00 7/6/2029 4.60% $ 58,963.12 $ 50,520.38 $ 29,140.28 1283 FNMA 3135G05Y5 Gov. Agency Debenture 0.75% 9/10/2024 1,100,000.00 1,010,724.00 (89,276.00) 1,048,795.00 38,071.00 10/8/2027 3.56% $ 8,891.67 $ 29,915.45 $ 18,786.49 646 US Treasury 91282CFL0 US Treasury Note 3.88% 12/3/2024 1,100,000.00 1,088,144.31 (11,855.69) 1,110,142.00 21,997.69 9/30/2029 4.12% $ 35,130.49 $ 25,813.46 $ 22,725.72 1369 FHLB 3130ATUT2 Gov. Agency Debenture 4.50% 2/12/2025 505,000.00 508,253.21 3,253.21 521,023.65 12,770.44 12/14/2029 4.35% $ 19,063.75 $ 8,337.70 $ 11,116.94 1444 FFCB 3133ER5X5 Gov. Agency Debenture 3.88% 3/12/2025 1,000,000.00 998,480.00 (1,520.00) 1,006,100.00 7,620.00 3/7/2028 3.93% $ 18,836.81 $ 11,831.34 $ 19,790.60 797 Treasury 91282CJF9 US Treasury Note 4.88% 3/31/2025 1,100,000.00 1,130,167.75 30,167.75 1,139,358.00 9,190.25 10/31/2028 4.04% $ 31,256.56 $ 11,273.90 $ 22,795.57 1035 State Street Corp 857477CD3 Corporate Bond 5.27% 4/30/2025 800,000.00 811,184.00 11,184.00 805,112.00 (6,072.00) 8/3/2026 4.04% $ 10,895.47 $ 5,565.50 $ 16,787.73 215 Freddie Mac 3134HAW33 Gov. Agency Debenture 4.75% 4/30/2025 1,000,000.00 1,005,644.00 5,644.00 1,003,940.00 (1,704.00) 12/18/2029 4.23% $ 30,743.07 $ 7,735.00 $ 23,331.80 1448 US Treasury 91282CNG2 US Treasury Note 4.00% 6/30/2025 660,000.00 665,184.24 5,184.24 668,949.60 3,765.36 5/31/2030 3.82% $ 11,036.08 $ - $ 12,777.37 1612 US Treasury 91282CMG3 US Treasury Note 4.25% 8/4/2025 825,000.00 842,308.43 17,308.43 843,917.25 1,608.82 381.11 1/31/2030 3.74% $ (381.11) $ - $ 12,741.61 1492 US Treasury 91282CMA6 US Treasury Note 4.13% 8/25/2025 1,200,000.00 1,218,847.77 18,847.77 1,221,516.00 2,668.23 11/30/2029 3.72% $ 13,118.86 $ - $ 15,810.44 1430 US Treasury 91282CHR5 US Treasury Note 4.00% 9/23/2025 950,000.00 967,036.38 17,036.38 962,882.00 (4,154.38) 5,576.08 7/31/2030 3.59% $ (5,576.08) $ - $ 9,355.04 1673 US Treasury 91282CGQ8 US Treasury Note 4.00% 10/3/2025 1,000,000.00 1,013,362.72 13,362.72 1,013,480.00 117.28 3,646.41 2/28/2030 3.67% $ (3,646.41) $ - $ 9,014.28 1520 State Street Corp 857477DB6 Corporate Bond 4.83% 11/10/2025 580,000.00 596,535.80 16,535.80 597,655.20 1,119.40 1,246.09 4/24/2030 4.13% $ (1,246.09) $ - $ 3,398.88 1575 US Treasury 91282CKA8 US Treasury Note 4.13% 12/17/2025 1,150,000.00 1,157,775.34 7,775.34 1,157,590.00 (185.34) 15,984.38 2/15/2027 3.52% $ (15,984.38) $ - $ 1,563.39 411 US Treasury 91282CHW4 US Treasury Note 4.13% 12/17/2025 1,150,000.00 1,170,308.54 20,308.54 1,171,252.00 943.46 14,152.62 8/31/2030 3.71% $ (14,152.62) $ - $ 1,654.03 1704 Subtotal $ 53,731,000.00 $ 52,704,977.84 $ (1,026,022.16) $ 54,024,246.87 $ 1,319,269.03 $ 40,986.69 $ 2,837,560.96 $ 3,051,768.15 $ 1,085,141.35 BNY MM Money Market 88,866.54 88,866.54 0.00 0.00% 1
LAIF State Investment Pool 9,497,275.92 9,517,994.07 20,718.15 4.03% 265,460.05 1 62,291,120.30 $63,631,107.48 $1,339,987.18 $40,986.69 $ 2,837,560.96 $ 3,051,768.15 $ 1,350,601.40 Matured Assets
US Treasury 91282CAB7 US Treasury Note 0.25% 11/15/2023 675,000.00 623,900.39 (51,099.61) 7/31/2025 4.92% $ 2,884.34 $ 51,302.62 $ 2,681.92 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 (97,047.60) 8/25/2025 3.04% $ 14,437.50 $ 106,169.42 $ 5,327.50 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 939.60 9/30/2025 4.14% $ 114,750.00 $ 104,352.97 $ 9,562.22 Freddie Mac 3137EAEX3 Gov. Agency Debenture 0.38% 5/1/2023 750,000.00 689,032.50 (60,967.50) 9/23/2025 3.97% $ 6,734.37 $ 61,146.74 $ 6,570.76 FannieMae 3135G06G3 Gov. Agency Debenture 0.50% 7/14/2023 500,000.00 455,157.00 (44,843.00) 11/7/2025 4.63% $ 5,784.72 $ 42,871.33 $ 7,773.04 US Treasury 91282CGA3 US Treasury Note 4.00% 6/20/2023 2,100,000.00 2,080,558.59 (19,441.41) 12/15/2025 4.40% $ 208,852.46 $ 186,379.78 $ 42,256.15 Total Investments "Matured" $ 74,171.60
Total Interest FY 24_25 Matured and Current $ 1,424,773.00 Maturity Profile Amount Percent
0-1 year $ 22,235,251.46 36%
1-2 years $14,067,397.62 23%
2-3 years $10,806,253.30 17%
3-5 years $ 15,182,217.92 24%
$62,291,120.30 100%
Town of Los Gatos
Investment Schedule
December 31, 2025

ITEM NO. 4.

Date Cusip/Id Description Transaction Type Trade Date Settlement Date Par Coupon Maturity Date Price Principal Interest Transaction
Total
12/1/2025 91282CNG2 USA TREASURY 4% 31MAY2030 BOND INTEREST 11/30/2025 11/30/2025 660,000.00 4.000% 5/31/2030 - - 13,200.00 13,200.00 12/1/2025 91282CHE4 USA TREASURY 3.625% 31MAY2028 BOND INTEREST 11/30/2025 11/30/2025 1,800,000.00 3.625% 5/31/2028 - - 32,625.00 32,625.00 12/1/2025 91282CMA6 USA TREASURY 4.125% 30NOV2029 BOND INTEREST 11/30/2025 11/30/2025 1,200,000.00 4.125% 11/30/2029 - - 24,750.00 24,750.00 12/2/2025 Cash-USD Cash-USD

SHORT TERM INVESTMENT
FUND INCOME 12/2/2025 12/2/2025 484.69 0.000% 100.00 - - 484.69 12/12/2025 3130B1BT3
FEDERAL HOME LOAN BANK 4.875%
12JUN2026 BOND INTEREST 12/12/2025 12/12/2025 1,150,000.00 4.875% 6/12/2026 - - 28,031.25 28,031.25 12/15/2025 3130ATUT2
FEDERAL HOME LOAN BANK 4.5%
14DEC2029 BOND INTEREST 12/14/2025 12/14/2025 505,000.00 4.500% 12/14/2029 - - 11,362.50 11,362.50 12/15/2025 91282CGA3 USA TREASURY 4% 15DEC2025 REDEMPTION 12/15/2025 12/15/2025 2,100,000.00 0.000% 12/15/2025 100.00 2,100,000.00 - 2,100,000.00 12/15/2025 46625HRS1
JPMORGAN CHASE & CO 3.2%
15JUN2026 (CALLABLE 15MAR26) BOND INTEREST 12/15/2025 12/15/2025 500,000.00 3.200% 6/15/2026 - - 8,000.00 8,000.00 12/15/2025 91282CGA3 USA TREASURY 4% 15DEC2025 BOND INTEREST 12/15/2025 12/15/2025 2,100,000.00 0.000% 12/15/2025 - - 42,000.00 42,000.00 12/17/2025 91282CHW4 USA TREASURY 4.125% 31AUG2030 PURCHASE 12/16/2025 12/17/2025 1,150,000.00 4.125% 8/31/2030 101.77 1,170,308.54 14,152.62 1,184,461.16 12/17/2025 91282CKA8 USA TREASURY 4.125% 15FEB2027 PURCHASE 12/16/2025 12/17/2025 1,150,000.00 4.125% 2/15/2027 100.68 1,157,775.34 15,984.38 1,173,759.72 12/18/2025 3134HAW33
FREDDIE MAC 4.75% 18DEC2029
(CALLABLE 18JUN26) BOND INTEREST 12/18/2025 12/18/2025 1,000,000.00 4.750% 12/18/2029 - - 23,750.00 23,750.00 12/22/2025 3130AQF65
FEDERAL HOME LOAN BANK 1.25%
21DEC2026 BOND INTEREST 12/21/2025 12/21/2025 1,300,000.00 1.250% 12/21/2026 - - 8,125.00 8,125.00 12/31/2025 91282CEW7 USA TREASURY 3.25% 30JUN2027 BOND INTEREST 12/31/2025 12/31/2025 1,000,000.00 3.250% 6/30/2027 - - 16,250.00 16,250.00 12/31/2025 91282CJR3 USA TREASURY 3.75% 31DEC2028 BOND INTEREST 12/31/2025 12/31/2025 1,200,000.00 3.750% 12/31/2028 - - 22,500.00 22,500.00 12/31/2025 91282CCH2 USA TREASURY 1.25% 30JUN2028 BOND INTEREST 12/31/2025 12/31/2025 900,000.00 1.250% 6/30/2028 - - 5,625.00 5,625.00 Town of Los Gatos
Investment Transaction Detail
December 31, 2025

ITEM NO. 4.

CUSIP Security description Maturity
date Par/Shares Total market value ($) S&P rating Moody's rating Insight ESG
rating Environment Social Governance
02665WEY3 AMERICAN HONDA FINANCE 4.95% 09JAN2026 1/9/2026 1,000,000 1,023,830 A- A3 3 3 3 3 02665WED9 AMERICAN HONDA FINANCE 4.7% 12JAN2028 1/12/2028 600,000 621,540 A- A3 3 3 3 3 037833DB3 APPLE INC 2.9% 12SEP2027 (CALLABLE 12JUN27) 9/12/2027 1,300,000 1,295,658 AA+ Aaa 5 2 5 5 17275RBR2 CISCO SYSTEMS INC 4.85% 26FEB2029 (CALLABLE 26JAN29) 2/26/2029 1,000,000 1,043,923 AA- A1 2 1 3 3 17325FBK3 CITIBANK NA 4.838% 06AUG2029 (CALLABLE 06JUL29) 8/6/2029 1,250,000 1,304,517 A+ Aa3 3 1 2 4 194162AR4 COLGATE-PALMOLIVE CO 4.6% 01MAR2028 (CALLABLE 01FEB28) 3/1/2028 500,000 515,507 A+ Aa3 3 3 3 2 437076CW0 HOME DEPOT INC 4.9% 15APR2029 (CALLABLE 15MAR29) 4/15/2029 1,000,000 1,039,970 A A2 3 3 3 3 437076BM3 HOME DEPOT INC 3% 01APR2026 (CALLABLE 30JAN26) 4/1/2026 1,000,000 1,005,632 A A2 3 3 3 3 46625HRS1 JPMORGAN CHASE & CO 3.2% 15JUN2026 (CALLABLE 15MAR26) 6/15/2026 500,000 499,223 A A1 3 2 3 4 46647PDG8 JPMORGAN CHASE & CO 4.851% 25JUL2028 (CALLABLE 25JUL27) 7/25/2028 1,400,000 1,447,598 A A1 3 2 3 4 713448DF2 PEPSICO INC 2.85% 24FEB2026 (CALLABLE 30JAN26) 2/24/2026 1,000,000 1,008,529 A+ A1 3 2 2 4 69353RFJ2 PNC BANK NA 3.25% 22JAN2028 (CALLABLE 23DEC27) 1/22/2028 1,000,000 1,003,739 A A2 3 3 4 2 857477CD3 STATE STREET CORP 5.272% 03AUG2026 (CALLABLE 03JUL26) 8/3/2026 800,000 822,447 A Aa3 2 1 2 2 857477DB6 STATE STREET CORP 4.834% 24APR2030 (CALLABLE 24MAR30) 4/24/2030 580,000 602,872 A Aa3 2 1 2 2 89236TKL8 TOYOTA MOTOR CREDIT CORP 5.45% 10NOV2027 11/10/2027 1,600,000 1,660,280 A+ A1 3 1 2 4 91159HJF8 US BANCORP 4.548% 22JUL2028 (CALLABLE 22JUL27) 7/22/2028 1,000,000 1,028,514 A A3 3 3 3 3 Total Corporate / weighted average 15,530,000 15,923,778 3 2 3 3 ESG ratings are from 1 to 5, with 1 as the highest rating and 5 as the lowest. All ratings are weighted by industry rankings, based on the importance of the category within the individual industry

TOWN OF LOS GATOS, CA
Insight ESG ratings as of December 31, 2025

ITEM NO. 4.

Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out

GENERAL FUND
Non-Spendable:

Loans Receivable 159,000 - - - - - 159,000
Restricted Fund Balances:

Pension 3,090,731 - - - - - 3,090,731
Land Held for Resale - - - - - - -
Committed Fund Balances:

Budget Stabilization 7,870,639 - - - - - 7,870,639
Catastrophic 7,870,639 - - - - - 7,870,639
Pension/OPEB 1,300,000 - - - - - 1,300,000
Measure G District Sales Tax - - - - - - -
Assigned Fund Balances:

Open Space 410,000 - - - - - 410,000
Sustainability 140,553 - - - - - 140,553
Capital/Special Projects 1,983,271 - - - - - 1,983,271
Carryover Encumbrances 6,367 - - - - - 6,367
Compensated Absences 1,519,243 - - - - - 1,519,243
ERAF Risk Reserve - - - - - - -
Market Fluctuations 1,201,824 - - - - - 1,201,824
Council Priorities - Economic Recovery - - - - - - -
Unassigned Fund Balances:
111 Other Unassigned Fund Balance Reserve (Pre YE distribution) 10,211,049 (4,720,943) 5,110,854 (4,821,185) - - 5,779,775 General Fund Total 35,763,316 (4,720,943) 5,110,854 (4,821,185) - - 31,332,042 * Interfund transfers and Council Priorities/Economic Recovery funding allocation to be performed as part of the fiscal year end closing entries.

December 2025
Prior Year
Carryforward
7/1/2025*
Increase/
(Decrease)
July-November
Estimated Fund
Balance
12/31/2025*

ITEM NO. 4.

Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out

SPECIAL REVENUE
211/212 CDBG 166,653 - - - - - 166,653
222 Urban Runoff (NPDES) 664,168 (4,780) 13,641 (10,933) - - 662,096 231-236 Landscape & Lighting Districts 193,606 (10,517) - (2,071) - - 181,018 251 Los Gatos Theatre 381,120 51,926 15,070 (5,323) - - 442,793 261-264,269 Library Trusts 559,745 47,850 - (397) - - 607,198 Special Revenue Total 1,965,292 84,479 28,711 (18,724) - - 2,059,758

CAPITAL PROJECTS
411 GFAR - General Fund Appropriated Reserve 16,974,946 929,426 82,377 (19,774) - - 17,966,975 412 Community Center Development 819,604 - - - - - 819,604 421 Grant Funded Projects (1,577,430) 848,927 25,935 (16,024) - - (718,592) 461-463 Storm Basin Projects 2,825,234 85,561 46,741 (105,320) - - 2,852,216 471 Traffic Mitigation Projects 676,482 - - - - - 676,482 472 Utility Undergrounding Projects 3,763,913 8,848 - - - - 3,772,761 481 Gas Tax Projects 2,130,548 (358,921) 146,742 - - - 1,918,369 Capital Projects Total 25,613,297 1,513,841 301,795 (141,118) - - 27,287,815

INTERNAL SERVICE FUNDS
611 Town General Liability 208,746 (1,538,849) 840,773 (28,943) - - (518,273) 612 Workers Compensation 1,259,972 (641,907) 865,744 (120,354) - - 1,363,455 621 Information Technology 2,585,103 (423,677) 205,651 (13,832) - - 2,353,245 631 Vehicle & Equipment Replacement 3,890,428 128,053 291,886 - - - 4,310,367 633 Facility Maintenance 820,099 (146,176) 296,079 (142,044) - - 827,958 Internal Service Funds Total 8,764,348 (2,622,556) 2,500,133 (305,173) - - 8,336,752 Trust/Agency
942 RDA Successor Agency (3,037,146) (1,743,392) - (148) - - (4,780,686) Trust/Agency Fund Total (3,037,146) (1,743,392) - (148) - - (4,780,686) Total Town 69,069,107 (7,488,571) 7,941,493 (5,286,348) - - 64,235,681 * Interfund transfers and Council Priorities/Economic Recovery funding allocation to be performed as part of the fiscal year end closing entries.

Deposit Accounts of Interest:
111-23541 General Plan Update deposit account balance $536,589.49 111-23521 BMP Housing deposit account balance $3,723,190.79 Prior Year
Carryforward
7/1/2025*
Increase/
(Decrease)
July-November
December 2025
Estimated Fund
Balance
12/31/2025*

ITEM NO. 4.

PREPARED BY: Saurabh Nijhawan
Senior Civil Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/17/2026
ITEM NO: 5
DATE: February 17, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with Schaaf & Wheeler for the Drainage Assessment of Loma Street in an Amount Not to Exceed $147,060
RECOMMENDATION: Authorize the Town Manager to execute an agreement for services with Schaaf & Wheeler in an amount not to exceed $147,060 for the assessment of drainage on Loma Street (CIP No. 816-0421, 4618311)
FISCAL IMPACT:

Funding for this agreement in an amount not to exceed $147,060 is available within the approved Capital Improvement Program budget for the Loma Drainage Study (CIP No. 816- 0421, 4618311). No additional appropriation is required at this time. Completion of the study may inform future capital improvement projects, which would be subject to separate Council consideration and funding authorization.

STRATEGIC PRIORITY:

The assessment of the drainage system does not directly address a Strategic Priority; however, it does support the core goal of “Quality Public Infrastructure.” BACKGROUND:

Historically, the Loma Street neighborhood has experienced localized street flooding during rain events. The existing drainage system has very few inlets, and the discharge at Ross Creek is susceptible to clogging. Loma Street was a part of the County of Santa Clara, which was

ITEM NO. 5.

PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with Schaaf & Wheeler for the Drainage Assessment of Loma Street
DATE: February 17, 2026
annexed by the Town of Los Gatos. The area does not have curb and gutter, and drainage infrastructure is limited.

DISCUSSION:

The purpose of the Loma Drainage Study is to evaluate the existing storm drainage system, propose alternatives for reducing flooding, and recommend improvements. The RFP requests services that include data collection, coordination with Valley Water, community engagement, field survey, hydrologic and hydraulic assessment of existing conditions, development of three schematic designs (including one green infrastructure alternative), and a final report with recommendations.

The Department of Parks and Public Works issued a Request for Proposal on October 31, 2025, with a submittal deadline for December 5, 2025. The town received three proposals from Alfred Martinez Engineering, Schaaf & Wheeler, and Wilsey Ham Brady Engineers.

Proposals were evaluated in two phases. Phase 1 evaluation was for Pass/Fail of the responsiveness and responsibleness of the proposal. Phase 2 evaluation was weighted scoring with multiple dimensions, including but not limited to firm & team qualification, scope, and price.

Schaaf & Wheeler was identified as the top-ranked proposer based on qualifications, proposed approach, and fee. Their in-house staff and subconsultants specialize in water resource engineering, with significant experience in planning and engineering storm water systems.

Schaaf & Wheeler’s proposal demonstrated the strongest overall qualifications, technical approach, and understanding of local drainage conditions, and offered a competitive fee relative to the scope of work.

The proposed scope includes survey data collection, CCTV, hydrologic and hydraulic modeling, coordination with Valley Water, development of three alternative concepts (including green infrastructure), and preparation of draft and final study report. The proposal also includes community engagement (neighborhood meetings and council meetings) and regular project management. The study will culminate in a final report identifying recommended drainage improvement concepts, estimated costs, and implementation considerations, but does not authorize construction.

CONCLUSION:

The proposed agreement will allow the Town to begin the Loma Drainage Study. The study will provide an understanding of the drainage issues on Loma and develop an implementable drainage improvement plan. Upon completion of the study, staff will return to the Council with findings and recommendations for the next steps.

ITEM NO. 5.

PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with Schaaf & Wheeler for the Drainage Assessment of Loma Street
DATE: February 17, 2026
ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Agreement for Services with Exhibit A – Schaaf & Wheeler

ITEM NO. 5.

AGREEMENT FOR SERVICES

Agreement for Services
Schaaf & Wheeler
Loma Drainage Study

PREAMBLE
THIS AGREEMENT is by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Schaaf & Wheeler (“Contractor”), a Corporation whose address is 4699 Old Ironsides Drive, Suite 350, Santa Clara, CA 95054- 1860. This Agreement is made with reference to the following facts.

I. RECITALS
A. Town desires to engage Consultant to provide analysis and assessment of existing area of street flooding, evaluate alternative solutions and develop one recommended solution to a conceptual design level.

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

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

II. AGREEMENT
A. Scope of Services. Consultant shall provide services as described in the Scope of Services, which is hereby incorporated by reference and attached as Exhibit A.

B. Term. The term of this Agreement shall be from Upon Execution to Friday, December 31, 2027.

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

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

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

Attachment 1

ITEM NO. 5.

Agreement for Professional Services
Schaaf & Wheeler
F. Compensation: Compensation for Consultant's professional services shall not exceed $147,060.00 at the rates set forth in Exhibit A which is attached and incorporated by reference. Payment shall be based upon Town approval of each task.

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

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

Invoices: Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
Email (preferred): [email protected]
H. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant offices during business hours upon written request of the Town.

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

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

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

ITEM NO. 5.

Agreement for Professional Services
Schaaf & Wheeler
promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

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

III. INSURANCE AND INDEMNIFICATION
A. Minimum Scope of Insurance:

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

2. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.

3. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

4. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.

B. General Liability:

1. The Town, its elected and appointed officials, employees, and agents are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant.

2. The Consultant's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or agents shall be excess of the Consultant's insurance and shall not contribute with it.

3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or agents.

4. Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

C. All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice

ITEM NO. 5.

Agreement for Professional Services
Schaaf & Wheeler
by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.

D. Workers’ Compensation. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.

E. Indemnification. The Consultant shall indemnify the Town its elected and appointed officials, employees and agents from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by any act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. Consultant shall defend the Town against any such claims.

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

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

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

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

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

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street, Los Gatos, CA 95030
Schaaf & Wheeler
4699 Old Ironsides Drive, Suite 350, Santa Clara, CA 95054-1860

ITEM NO. 5.

Agreement for Professional Services
Schaaf & Wheeler
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

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

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

Attachments:

A - Exhibit A - Schaaf & Wheeler - Scope of Services

ITEM NO. 5.

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

TOWN OF LOS GATOS: CONSULTANT: Schaaf & Wheeler, Consulting Civil Engineers
**signature_67259**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_67259**

DATE SIGNED
**signature_67260**

SIGNATURE
Daniel J. Schaaf, PE

ENTER CONSULTANT SIGNATORY'S NAME
Vice President

ENTER CONSULTANT SIGNATORY'S TITLE
**date_signed_67260**

DATE SIGNED
Approved as to form:
**signature_67261**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_67261**

DATE SIGNED
The execution date is the date on which the last party has signed.

ITEM NO. 5.

Exhibits List
A - Exhibit A - Schaaf & Wheeler - Scope of Services

ITEM NO. 5.

Exhibit A
Exhibit A - Schaaf & Wheeler - Scope of Services

ITEM NO. 5.
4699 Old Ironsides Drive, Suite 350, Santa Clara, CA 95054 [email protected]
Loma Drainage Study
Proposal
December 5, 2025
PREPARED FOR:

Town of Los Gatos
41 Miles Avenue,
Los Gatos CA 95030

ITEM NO. 5.
1 December 5, 2025

1. Cover Letter
December 5, 2025
Town of Los Gatos
41 Miles Avenue
Los Gatos CA 95030
Subject: Proposal for Loma Drainage Study
Dear Mr. Nijhawan:

Schaaf & Wheeler is pleased to submit the enclosed proposal to complete the Loma Drainage Study for the Town of Los Gatos. Our team is positioned to analyze the existing drainage system condition and possible deficiencies and develop up to three alternative concepts to reduce the occurrence of street flooding. One of these alternatives will include green infrastructure if feasible.

We have completed numerous storm drain master plans that developed drainage improvement concepts to address condition-related issues and to increase hydraulic conveyance and decrease flooding. Recent work for the County of Sonoma and City of Pismo Beach included further developing concepts into projects for construction. Schaaf & Wheeler is familiar with challenges of rural drainage infrastructure where typical curb and gutter flow does not exist in all streets, like our work in Mill Valley, which involved winding, narrow streets and surface runoff traveling through private property. Our team will aim to preserve rural nature as much as possible while providing adequate drainage infrastructure to contain the 10% storm event.

Our team is highly skilled in hydrologic and hydraulic modeling, from large infrastructure areas, like the City of San Mateo, to small, more rural environments, like the Town of Moraga and the City of Mill Valley. Our engineers work on all aspects of drainage, from modeling to detailed design, and are familiar with developing constructable concepts.

Robin J. Lee, PE will be the project manager. She brings more than 20 years of experience providing stormwater engineering services throughout Northern California. I will serve as the principal-in-charge and provide peer review and quality assurance, offering more than 25 years of experience in water resources engineering. While work will be primarily performed from our Santa Clara office, we are able to draw resources from all six Northern California-based offices when needed.

We have reviewed the Town’s contract agreement and take no exceptions. The enclosed proposal outlines our firm experience and project work plan. If you need additional information or have any questions, please contact Robin at (415) 271-3117 or [email protected].

Sincerely,
Schaaf & Wheeler
Daniel J. Schaaf, PE
Vice President

ITEM NO. 5.

2. Table of Contents Proposal
2 December 5, 2025

2. Table of Contents

1. Cover Letter.............................................................................................................................1

2. Table of Contents....................................................................................................................2

3. Scope of Services ...................................................................................................................3

4. Hourly Rates............................................................................................................................7

5. Relevant Experience...............................................................................................................8

6. Proposed Team .....................................................................................................................12 Appendix: Resumes
Price Sheet

ITEM NO. 5.

Scope of Services Proposal
3 December 5, 2025

3. Scope of Services
We have put together a scope and fee to match what has been requested in the RFP. If selected, we would like the opportunity to sit down with Town staff to align our scope with the priorities and budget that the Town has identified.

Task 1: Data Collection
Schaaf & Wheeler will begin the project by collecting relevant data from the Town (GIS, complaints, photographs, etc.), and the County (LIDAR). We have already obtained the Ross Creek model from Valley Water. Schaaf & Wheeler will spend one day in the field to verify infrastructure, drainage pathways, and connection to
Ross Creek. Ideally, this site visit will occur under a rain event to better assist with identification of the drainage pathways and to confirm overland runoff along Robie
Lane and connection to the pipe that enters at the north end of Ferris Avenue. In addition, it appears as though surface flows going north along the west edge of
Englewood Avenue also flows into Loma Street.

During dry weather, our subconsultant, Presidio
Systems, Inc., will CCTV inspect the pipe along Loma
Street from Ferris Avenue to Ross Creek to ensure that
there are no structural defects or blockages. All
observations will be documented using photographs,
videos, and field notes, which will be compiled in an
appendix to the final report. The project team will obtain topographic data from the County LIDAR for the
drainage area. Then, more detailed survey information
will be collected by our subconsultant, Cinquini &
Passarino (as outlined under Task 2).

Schaaf & Wheeler will collect readily available soil
information and has already obtained the onedimensional HEC-RAS model of Ross Creek from Valley Water. The model was built based on as-built
drawings and has not been calibrated. The first cross
section in the model is downstream of Topping Way.

We have included additional effort into our scope to
update this model based on current conditions and to
validate the model to ensure that our downstream
boundary condition is appropriate for determining the
drainage system capacity.

As part of the data collection phase, the team will
meet with representatives from Valley Water to
discuss the existing studies of Ross Creek,
understand any operational or maintenance
considerations that may affect this project, and identify any planned future improvements that could influence
long-term solutions. It also appears that the culvert

ITEM NO. 5.

Scope of Services Proposal
4 December 5, 2025
may have been removed downstream of Topping Way to daylight the creek in 2023. While there is a small portion of culvert downstream of Topping Way, it turned into open channel about 75 feet downstream. In historical images, this culvert extended past the bend. This change might have changed the way Loma Street drains and is not reflected in the Valley Water model.

Task 2: Field Survey
We recommend that the Town have Loma Street USA marked and then coordinate survey to follow and collect utility markings so that they are in a basemap. The survey will focus on Loma Street between Ferris Avenue and Englewood Avenue, and Topping Way between Englewood Avenue and Ross Creek. The team will also obtain the invert elevation at the storm drain outfall to Ross Creek, with access provided by Town staff. Since the creek is a culvert pipe, obtaining the invert could be difficult and will need to be discussed with Town staff and Valley Water.

Cinquini & Passarino will collect gutter flowline elevations and driveway elevations in areas known to flood, along
with top-of-frame elevations for existing drainage
structures. Invert elevations will be collected via
measurements from the top down to the invert of the
pipes. As part of the survey effort, Cinquini & Passarino will map the right-of-way limits and roadway ownership
along Loma Street, from Ferris Avenue to Englewood
Avenue, and along Topping Way, from Englewood
Avenue to Ross Creek. This information will support the feasibility evaluation of alternatives and identify any constraints related to property boundaries or jurisdiction.

Task 3: Hydrologic and Hydraulic Assessment
The hydrologic and hydraulic assessment will begin with a determination of the runoff to Loma Street during a 10- year (10% chance) storm event. Schaaf & Wheeler will
use the Santa Clara County Drainage Manual and NOAA
precipitation depths for a 24-hour storm event. This
analysis will use topographic, soils, land use, and drainage boundary information collected during Task 1. HEC-HMS will be used to develop runoff hydrographs.

Following the hydrologic analysis, the project team
will develop a hydraulic model of the existing
storm drain system. Schaaf & Wheeler has
licenses for advanced pipe modeling software,
such as DHI MIKE+ and Innovyze ICM.

Depending on Town preference, the hydraulic
model may be constructed in one of these models
that requires licenses. Alternatively, since the area
is small and many of the flows are conveyed on
the surface, HEC-RAS might be the most
applicable model for this small drainage area and
does not require a license. While HEC-RAS is
typically used for open channel modeling, HECRAS 6.7 now offers modeling of pipe and inlets.

ITEM NO. 5.

Scope of Services Proposal
5 December 5, 2025
Runoff hydrographs from HEC-HMS can be applied to the surface, traced to the inlets, and then conveyed in the pipes. Alternatively, the model can be set up as a rain on grid, where the hydrologic flows are developed over the surface. The model will contain a stage hydrograph boundary condition at Ross Creek. The existing system’s performance will be evaluated to identify deficiencies, such as surcharging pipes, inadequate conveyance, or localized flooding due to “bird baths” in the topography.

Schaaf & Wheeler will develop and evaluate up to three improvement alternatives to address hydraulic deficiencies. Each alternative will be modeled for the 10-year storm and assessed based on its hydraulic performance, constructability, environmental impact, and implementation cost. One alternative will incorporate green infrastructure features, such as bioretention or distributed surface storage, if the soils, pipe depths, and available right-of-way allow for green infrastructure.

Concept-level sketches will accompany each alternative. If Ross Creek flood elevations are shown to influence system performance, the alternatives analysis will account for tailwater conditions and will integrate any future Ross Creek
improvements or operational considerations provided by Valley Water.

Short-term, low-cost corrective actions such as flap gates to prevent surcharging from Ross Creek, sand bags to direct gutter flow (appear to already be in place), or clearing infrastructure of debris such as image to the left will also be considered and recommended to help the Town reduce
flooding risk prior to implementation of the long-term preferred solution.

Task 4: Schematic Design
The alternatives developed in Task 3 will be presented to Town staff, Council, and community for input and evaluation.

Schaaf & Wheeler will work with Town staff to identify the preferred long-term solution and prepare a schematic design for the selected alternative. The schematic design will illustrate the recommended improvements in plan and profile and will identify any required property acquisitions or easements. The team will prepare an outline of the scope of services
necessary for full project design and permitting, including expected regulatory coordination efforts. An engineer’s opinion of probable construction cost will be prepared for both the design phase and construction itself, assuming a
construction year of 2028 and accounting for escalation.

ITEM NO. 5.

Scope of Services Proposal
6 December 5, 2025
Task 5: Reporting
A draft report documenting the analysis, findings, and alternatives will be prepared and submitted to Town staff for review. Following one round of consolidated comments, the report will be revised and reissued as a public draft. Schaaf & Wheeler will support the Town during a 30-day public comment period. After receiving a consolidated set of comments, the team will prepare a final version of the report to address comments and feedback received. The final report will be delivered in PDF format.

Task 6: Community Engagement
Schaaf & Wheeler will conduct two neighborhood meetings during the course of the project. We recommend that the first meeting occur near project initiation and will provide an opportunity to share the project goals, gather community input, and understand localized concerns. The second meeting will be held to present three alternative solutions to increase hydraulic capacity and reduce flooding. This meeting will also be used to collect feedback on the three alternatives.

The draft report will be presented at a Town Council meeting to present the results of the study and answer questions. It is recommended that the neighborhood is invited to the Council meeting instead of another community-specific meeting.

Task 7: Project Management and Communications
Throughout the duration of the project, Schaaf & Wheeler will conduct monthly project meetings with Town staff to provide updates, review progress, and receive direction. The team will prepare meeting agendas and document each meeting with written minutes. Ongoing project management efforts will include monthly invoices with a brief summary of the work to date and any issues. The kickoff meeting and up to three key milestone meetings will be held in-person in addition to the meetings discussed in Task 6. Additional meetings, including monthly check-in meetings, will be held virtually.

ITEM NO. 5.

Hourly Rates Proposal
7 December 5, 2025

4. Hourly Rates
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.

Current rates by classification are listed below:

Classification Rate/Hr
Principal Project Manager $315
Senior Project Manager $290
Senior Engineer $265
Associate Engineer $235
Assistant Engineer $215
Junior Engineer $200
Designer $185
GIS Analyst $185
Technician $170
Engineering Trainee $145
Litigation Charges
Court or deposition time as an expert witness is charged at $500 per hour.

Materials and Services
Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost.

Effective 1/1/26

ITEM NO. 5.

Relevant Experience Proposal
8 December 5, 2025

5. Relevant Experience
Schaaf & Wheeler has been working on hydraulic and hydrologic models, including some of the state’s original FEMA models, throughout our 40-year history. We have applied stochastic and watershed hydrology methods throughout California and analyzed various types of watersheds.

Schaaf & Wheeler developed the hydrology and hydrologic models for Alameda County Flood Control Zone 7 and updated the models for this 630 square mile watershed with over 85 miles of flood control channels.

Schaaf & Wheeler has completed hydrologic modeling of hundreds of watersheds using numerous methodologies including: NRCS (SCS), Rational Method, Green-Ampt, Horton, and Soil Moisture Accounting (continuous simulation). Our staff is well versed in 2D modeling, GIS, LiDAR topography, NEXRAD radar rainfall data, and continuous simulation modeling. We have modeled thousands of miles of open channel using 1D and 2D modeling software including:

HEC-2, HEC-RAS, MIKE-21, MIKE+, ICM, FLO-2D, and SWMM. We are very familiar with using FEMA effective models. Our team is also aware of and experienced in developing materials to explain technical project elements to local communities impacted by our work. Schaaf & Wheeler led the task force in Mill Valley, which entailed explaining complex 2D models to the public.

Schaaf & Wheeler has also completed hundreds of FEMA floodplain analyses. These studies range from simple LOMRs to complete Flood Insurance Studies (FIS). Schaaf & Wheeler provides levee evaluation and certification services for Bayfront and riverine systems. Our engineers are well-versed in the FEMA floodplain mapping process. We have analyzed floodplains in nearly every county of California for federal and local governments and private landowners.

We assist our clients in navigating the complex mapping process and provide engineering services to remove hazards through flood protection and land use planning. We have performed several regulatory floodway and no-rise analyses for floodplain management and certification.

Schaaf & Wheeler has completed numerous projects similar in size and scope to the Town’s proposed study. Examples of those projects are included in the following section, including reference information.

ITEM NO. 5.

Relevant Experience Proposal
9 December 5, 2025
Client and Contact: Storm Drain Master Plan
Nate Stong, PE
Formally at:

City of Pismo Beach
Current Contact Info:
(805) 772-6569
[email protected]
Contract Value:
$75,000
Duration:

May 2024 – Oct 2024
Project Team:

PM: Daniel J. Schaaf, PE
Staff: Jesse Giuliano, PE
Schaaf & Wheeler was contracted by the City of Pismo Beach to provide a consolidated master plan addressing drainage and flooding issues. This effort included:
▪ Reviewing data provided by the City to determine which system components need a condition assessment;
▪ Reviewing regional best practices and recommending
cost-effective mitigation strategies to address local
drainage issues such as steep slope channel erosion,
nuisance groundwater under City streets, and storm
drain trash interception; and
▪ Developing concepts of improvement projects to
address existing insufficient infrastructure.

Schaaf & Wheeler drafted the master plan update for staff review. This document supplements a study completed in 2005 and clearly defines the project goals, data utilized, engineering methods applied, study findings, improvement project
descriptions, cost estimates, and rankings. The master plan includes solutions for the Downtown, Pismo Heights, and Shell Beach neighborhoods.

ITEM NO. 5.

Relevant Experience Proposal
10 December 5, 2025
Client and Contact:

Hydraulic and Hydrologic Studies for Villa Grande and
Geyserville
Tiffany Coe
Sonoma County
Transportation and Public
Works
2300 County Center Drive,
Suite B100
Santa Rosa, CA 95403
(707) 565-4187
Tiffany.Coe@sonomacounty.gov
Contract Value:
$70,463
Duration:
2022
Project Team:

PM: Daniel J. Schaaf, PE
Staff: Robin J. Lee, PE;
Justin R. Maynard, PE;
Benjamin L. Shick, PE
Sonoma County Transportation and Public Works contracted Schaaf & Wheeler to complete the hydraulic and hydrologic studies and preliminary improvement plans for Villa Grande and Geyserville in 2022.

As part of these grant-funded mini master plan projects, we identified and mapped existing drainage infrastructure and drainage issues. The NASSCO system was used to scale the existing condition of developed (pipes, inlets) drainage infrastructure.

Schaaf & Wheeler coordinated with the County to determine the appropriate modeling approach and software platform and modeled the 10-, 25-, 50-and 100-year events for both project sites.

We also interacted with and presented findings to the
communities. This included notifying them of the studies and emphasizing the importance of community involvement. The study findings were presented to each community.

ITEM NO. 5.

Relevant Experience Proposal
11 December 5, 2025
Client and Contact: Flood Control and Storm Drain Master Plan Andrew Poster
Engineering Manager
Public Works
City of Mill Valley
26 Corte Madera Avenue
Mill Valley, CA 94941
(415) 384-4848
[email protected]
Contract Value:
$374,460
Duration:
2017 – 2019
Project Team:

PM: Daniel J. Schaaf, PE
Staff: Robin J. Lee, PE
Schaaf & Wheeler completed a comprehensive plan for the City of Mill Valley that deals with flood control provided by the creek network and pipe system that is comprehensive and
implementable with streamlined analyses and prioritized improvements.

Modeling: The Schaaf & Wheeler developed an integrated
hydraulic model of the City’s storm drainage pipe network which includes overland (2D) flow systems for both the 10-year and 100-year events.

Climate Change: Potential impacts of climate change on future tide levels are evaluated to develop higher boundary conditions for the pipe and creek drainage networks.

Capital Improvements Plan: We developed CIP projects that address system deficiencies identified with the models along with other projects not addressed through modeling. Our plan included project prioritization based on costs and benefits, flooding potential, and advisory committee feedback.

Public Engagement: Schaaf & Wheeler served as the
technical lead on a public advisory committee to convey information and receive public feedback on what types of improvements are acceptable to the public.

Environmental Impact: Schaaf & Wheeler worked with
environmental firm to determine the types of permits and mitigation required for the proposed capital improvement projects.

ITEM NO. 5.

Proposed Team Proposal
12 December 5, 2025

6. Proposed Team

6.1 Proposed Project Team
Schaaf & Wheeler has assembled a dedicated team of in-house engineers and subconsultants to complete the proposed project for the Town, as outlined in our organization chart. A brief summary of individual qualifications and responsibilities is included below, with full resumes included in the Appendix.

6.1.1 Schaaf & Wheeler Key Personnel
Robin J. Lee, PE: Project Manager
Robin is a senior project manager at Schaaf & Wheeler with more than 20 years of experience in stormwater management, flood control, hydrology, green infrastructure, and water quality. She has worked on numerous successful storm drainage and flood control projects, including Santa Clara, Foster City, Millbrae, Burlingame, San Francisco International Airport, South San Francisco, San Bruno, Moraga, Mill Valley, Ross, Marin City, and Corte Madera. Robin is particularly adept at FEMA regulations and processing Letters of Map Change. As project manager, Robin will delegate project tasks to the team while maintaining the schedule and budget. She will also be involved in technical aspects of the project, where appropriate. Robin will meet regularly with the Town as needed for project updates and to resolve any issues that arise during project development.

Daniel J. Schaaf, PE: Principal-in-Charge
Dan is vice president and an owner at Schaaf & Wheeler. He has more than 25 years of experience in water-related projects and has completed multiple FEMA flood insurance studies and SDMPs. He has exhaustive experience in flood control and drainage, hydrology and hydraulics, and physical and numerical modeling. He recently completed SDMPs for the Cities of Seaside, San Leandro, and the County of Santa Cruz. As principal-in-charge, Dan will provide technical supervision, peer review, and project oversight. He will also be responsible for contract negotiation and overall technical management for the duration of the project. Dan will work with Robin to maintain the project schedule and budget and assume ultimate responsibility for the quality of all work. He will work with Town staff to make sure contractual issues are resolved.

Principal-in-Charge
Daniel J. Schaaf, PE
Project Manager
Robin J. Lee, PE
Project Engineer
Jesse Giuliano, PE
Hydrology and Hydraulic Modeling
Justin R. Maynard, PE
Survey
Cinquini & Passarino
CCTV
Presidio Systems Inc

ITEM NO. 5.

Proposed Team Proposal
13 December 5, 2025
Jesse Giuliano, PE: Project Engineer
Jesse is a senior engineer at Schaaf & Wheeler with 24 years of consulting experience in a broad array of infrastructure projects for public and private clients from Maine to California. His drainage-related work has included stormwater system planning, hydrologic and hydraulic modeling, floodplain permitting, and the design of green infrastructure, trash capture devices, stormwater management facilities, and urban pipelines. He recently completed the Storm Drain Master Plan for the City of Pismo Beach. Jesse will serve as the project engineer to develop constructable concepts for mitigating flooding. Jesse will work closely with Robin and Justin.

Justin R. Maynard, PE: Hydrology and Hydraulic Modeling Justin is a senior engineer at Schaaf & Wheeler with 11 years of experience conducting storm drainage system modeling, wave runup analyses, climate change impact analysis, cost estimating, and design of capital improvements. He has conducted hydrologic and hydraulic modeling with HEC-RAS and HMS, MIKE+, and ICM. He has completed topographic surveying, restoration monitoring, and field investigations for stream, floodplain, and habitat restoration projects. He also has local experience supporting infrastructure projects to ensure NPDES, state, and local stormwater regulatory compliance, including fish passage culvert and bridge replacements. He has recently worked on SDMPs for the City of San Mateo, San Leandro, and Marin City as well as the County of Santa Cruz. Justin will oversee all hydrologic and hydraulic modeling to ensure consistency and cost-effective tools are used to obtain hydraulic deficiencies and determine how to model the pump stations, which the system relies upon to drain.

6.1.2 About Our Subconsultants
Survey
Cinquini & Passarino, Inc. (C&P) was established in 1954 and is headquartered in Sonoma County. They have a history of stability and reliability throughout the Bay Area and Northern California providing federal, state, local agency, special districts, consulting engineers and private clients with reliable surveying services ranging from topographic surveys, right-of-way surveys, railroad surveys, boundary surveys, remote sensing surveys, hydrographic surveys, GIS services and construction surveys. Their focus is providing high quality professional land surveying and hydrographic services and operate from offices in Santa Rosa, Healdsburg, Napa and Oakland.

CCTV
Presidio Systems, Inc. (PSI) is a small, woman-owned business that has served the Bay Area for 18 years. They have 32 employees, the majority of which are based in Livermore, CA. PSI has collaborated with Schaaf & Wheeler on numerous similar projects in the recent past, including for the Town of Corte Madera, Marin City, Town of Ross, and San Mateo County.

ITEM NO. 5.

Appendix: Resumes Proposal
December 5, 2025
Appendix: Resumes

ITEM NO. 5.

Resumes
Hydrology and Hydraulics
Comprehensive Stormwater
Plan
Marin City
Storm Drain Master Plan
Town of Corte Madera
Storm Drain Master Plan
Town of Ross
Zone 5 Storm Drain Master
Plan and Financial Study
Santa Cruz County
Citywide Flood Control and
Storm Drainage Master Plan
City of Mill Valley
Santa Clara Storm Drain
Master Plan
City of Santa Clara
Hydrologic & Hydraulic Model
for Zone 7 Watershed
Zone 7 Water Agency
Moraga Storm Drain Master
Plan
Town of Moraga
Storm Drain Maintenance
and Rehabilitation Plan
City of Ukiah
Great Oaks iStar
Development HMP and LID
Sizing
Ruth and Going, Inc
Communications Hill
Development Detention and
Stormwater Treatment
Analyses
HMH Engineers
Floodplain
Management/Sea Level
Rise
Zone D Flood Memo
Various School Districts
Zone A Flood Studies and
FEMA Applications
Various Clients
Singleton Road Bridge
Impact Analysis
Valley Water
Senior Project Manager
Robin J. Lee, PE
Robin J. Lee, PE, CFM has 20 years of
experience in water resource engineering from
planning all the way through detailed design.

Robin has worked on single-event modeling
related to flooding issues to holistic design event
modeling related to master planning. Robin
assists both private and public clients navigate
FEMA maps, applications, and modeling efforts to
better understand flood threats. She is well-versed
in stormwater regulations, from NPDES to local
regulations. She has worked primarily on
stormwater treatment, trash capture, and green
infrastructure requirements by writing feasibility
studies and designing trash capture systems.

Robin also provides Third Party Reviews for
Stormwater Management Plans for development
projects throughout the Bay Area to assist City
staff to ensure that the development meets the
requirements of the San Francisco Bay Municipal
Regional Permit.

Education
MS, Civil and
Environmental
Engineering, UC
Berkeley
BS, Civil and
Environmental
Engineering, UC Los
Angeles
Licenses
Registered Civil
Engineer
California C70040
Washington C43587
CFM, US-23-12881
Affiliations
American Society of
Civil Engineers
World Water Corps
Volunteer, Bolivia
Software
HEC-HMS, EPANET, HECRAS, SWMM, InfoSWMM,
GIS, ArcPro, HY-8, BAHM
Selected Project Experience

ITEM NO. 5.

Resumes
Site Development, Flood
Plain Study, and FEMA
Applications
Various Clients
West Little Llagas Creek
LOMR
Morgan Hill
South Flea Market Floodplain
Analysis and LOMR
City of San Jose
Summerhill Homes Adrian
Court Flood Analysis and
FEMA Applications
Burlingame
Foster City Levee
Improvements
City of Foster City
SFO Shoreline Protection
Study
Moffet & Nichol
San Bruno/Colma Creek
Resiliency Study
Coastal Conservancy and
SFO
Foster City Lagoon ReEvaluation of Base Flood
Elevation
City of Foster City
San Mateo Creek Capacity
Evaluation
City of San Mateo
Water
Quality/Environmental
Physical Stream Channel
Assessment
County of Puyallup
Mount Vernon NPDES Phase
II Stormwater Program
Development and
Implementation
City of Mount Vernon
Lake Whatcom Tributary
Monitoring
Whatcom County
Greater Los Angeles County
Integrated Regional Water
Management Plan
Los Angeles County
Development Review and
Management
Third Party C3 SWMP
Reviews and Inspections
Various Clients
On-call Development Review
and Construction Review
Foster City
Foster City Water, Sewer,
and Storm Drain Standard
Detail Updates
City of Foster City
Wastewater Systems
Five-Year Capital
Improvement Plan
City of Mill Valley
CCTV and Design Services
for Sewer Improvements
City of Mill Valley
Trash Capture
Caltrans Large-Scale Trash
Capture Feasibility
City of Sunnyvale
Large Full Trash Capture
Device Feasibility Project
Marin County Flood Control
and Water Conservation
District
Large-Scale Trash Capture
Feasibility for Caltrans
Funding
County of San Mateo
Trash Capture Feasibility
Study and Design
Mendocino County
100% Trash Capture Plan
City of San Bruno
100% Trash Capture Plan
City of South San Francisco
NPDES Trash Capture
Feasibility Study
City of San Bruno
NPDES Trash Capture
Feasibility Study
City of South San Francisco
Small Trash Capture Device
Installation, Design, and
Management
City of South San Francisco
Small Trash Capture Device
Installation, Design, and
Management
City of San Bruno
Green Infrastructure
Hillcrest Park Regional Green
Infrastructure and Trash
Capture
City of Concord
Green Infrastructure Plan
City of South San Francisco
Green Infrastructure Plan
City of San Bruno
Low-Impact Development
Design and Drainage Report
for Sebastopol Multi-Lot
Development
Atlas Civil Design

ITEM NO. 5.

Resumes
Planning and Design
Storm Drain Master Plan
Update
City of San Mateo
Storm Drain Master Plan
City of San Leandro
Storm Drain Master Plan
Marin City
Storm Drain Master Plan
Santa Cruz County Zone 5
Storm Drain Master Plan
City of Seaside
Storm Drain Master Plan
City of Livermore
Storm Drain Master Plan
City of Carmel
Storm Drain Master Plan
City of Larkspur
Storm Drain Master Plan
City of Cupertino
Citywide Flood Control and
Storm Drainage Master Plan
City of Mill Valley
Los Gamos Drainage Study
City of San Rafael
Hermosa Beach Storm Drain
Master Plan
City of Hermosa Beach
Marin City Drainage Gaging
Marin County Flood Control
and Water Conservation
District
O’Connor Pump Station
Improvement Feasibility
Study
City of East Palo Alto
Stormwater Master Plan
City of Mountain View
Alameda Point Storm Drain
Review
Alameda Point Partners, LLC
Half Moon Bay Stormwater
Master Plan & Kehoe Ditch
Hydraulic Analysis
City of Half Moon Bay
Cove Stormwater Pump
Station Evaluation
County of Marin
Stormwater Master Plan
City of Palo Alto
Storm Drain Master Plan
City of Orinda
Storm Drain Master Plan
Town of Moraga
Storm Water Conveyance
Program
Town of Woodside
Vice President
Daniel J. Schaaf, PE
Daniel J. Schaaf, PE has over 25 years of project
experience encompassing the areas of flood
control and drainage, surface water hydrology,
and physical and numerical modeling. Dan has
managed several large hydrology/hydraulics, flood
control, and drainage projects.

He is skilled in open-channel hydraulics, coastal
and estuary processes, 1D and 2D modeling,
urban hydrology, floodplain mapping, and storm
drain master planning. He is currently working on
implementing modeling projects that integrate
pipe and surface flows using sophisticated 2D
modeling software. He has performed several
FEMA Flood Insurance Studies and Letters of
Map Revisions for clients throughout California,
Utah, and Arizona.

Education
BSCE, San Jose State
University
MSCE (Water Resource
Engineering), San Jose
State University
Licenses
Registered Civil
Engineer: California
C57617, Arizona
82401, Utah
14191892-2202
Affiliations
American Society of
Civil Engineers
Floodplain
Management
Association
Software
GeoHEC-HMS, GeoHECRAS, Flo-2D, MIKE+, MIKE
11, MIKE 21, MIKE-URBAN,
EPA SWMM, InfoSWMM,
XP-SWMM, InfoWorks ICM,
QUAL2E, RMA-2, RMA-10,
EPA-Net, ArcPro, Spatial
Analyst, 3D Analyst,
AutoCAD, BAHM
Selected Project Experience

ITEM NO. 5.

Resumes
Storm Drain Master Plan
City of Palo Alto
Industrial Road
Neighborhood Drainage
Study
City of San Carlos
Stormwater Facility
Prioritized Repair /
Replacement Program
Town of Woodside
Storm Drain Master Plan
City of East Palo Alto
North Bayshore Storm Drain
Master Plan
City of Mountain View
North San Jose Drainage
Master Plan
City of San Jose
Stormwater Master Plan
City of Los Altos
Stormwater Master Plan
County of Santa Cruz
El Charro Specific Plan
Channel Design
City of Livermore
Northside Pump Station
Design
City of Alameda, Public
Works Department
Storm Drain Master Plan
City of Paso Robles
Program Management for
Storm Drain CIP
City of Belmont Public Works
Hydrology and Hydraulics
Diridon Station Flood Design
Peninsula Joint Powers
Board
Napa County Bridge
Replacement Scour Analyses
County of Napa
BART to Silicon Valley II
500-year Design
Valley Transportation
Authority
King City Golf Course
January 2023 Flood
Mitigation
City of King City
January 2024 Storm Damage
Repairs
City of Livermore
East Fork San Luis Obispo
Creek Hydrology and
Hydraulics Study
County of San Luis Obispo
Bear Gulch Reservoir PMF
Study
California Water Service
Company
Dam Failure Studies
Alameda County Water
District
Laurel Dam Failure
Inundation Study
City of San Mateo
City of Fremont Old Canyon
Road Bridge Scour Analyses
City of Fremont
Saratoga Creek Bike Path
Hydraulics
Mark Thomas & Associates
Old Carmel River Dam
Removal LOMR
Granite Construction
Woodside Water Tank
Failure Analysis
California Water Service
Company
Cove Pump Station Hydraulic
Study (Tiburon)
Marin County Public Works
Hydrologic & Hydraulic Model
for Zone 7 Watershed
Zone 7 Water Agency
Greenwood Road Culvert
Replacement Hydrologic
Study
County of Napa
Oakville Cross Road Bridge
Replacement No-Rise Study
County of Napa
Groundwater Replenishment
- Urban Runoff Capture at
Lake El Estero
City of Monterey
Pajaro River Breaching
Alternatives
County of Santa Cruz
El Charro Specific Plan
Hydrology Study
City of Livermore
Napa Sonoma Salt Marsh
Restoration
US Army Corps of Engineers
Highway 46/101 Drainage
Study
City of Paso Robles
Floodplain Management
El Charro LOMR
City of Livermore
Colma Creek LOMR
City of South San Francisco
Monterey County Flood
Insurance Study Peer Review
City of Gonzales and City of
Soledad
Laguna Water Treatment
Interior Flood Study
City of Santa Rosa
Laguna Water Treatment
Flood Protection Study
City of Santa Rosa
2017 Storm Damage Repairs
Project
City of Livermore
Napa River LOMR (Oakville)
Napa County Public Works
Emergency Flood Control
Strategy
City of Livermore
Livermore Airport Flood
Protection Planning
City of Livermore
Silicon Valley BART
Extension Floodplain Study
Valley Transit Authority

ITEM NO. 5.

Resumes
Stormwater System
Planning
Storm Drain Master Plan
City of Pismo Beach, CA
Fast Tracks at PuebloPlex
MxV Rail Services
High Line Canal
Underpasses
Arapahoe County, CO
Streetside Stormwater
Planter Design Standards
City & County of Denver, CO
Infrastructure Report &
Capital Improvements Plan
Town of Silverton, CO
Cascade Village
Infrastructure Report
Purgatory Resort

Hydrologic and Hydraulic
Modeling
8th Over South Platte River
Bridge Replacement
City & County of Denver, CO
Ellsworth Ave Storm
Improvement Project
City & County of Denver, CO
Marion Street System
City & County of Denver, CO
33rd Street Outfall
City & County of Denver, CO
I-15 Express Lanes
Riverside County
Transportation Commission,
CA
Columbus Land Port of Entry
Floodwater Diversion System
New Mexico Department of
Transportation
Garden of the Gods
Detention Facility &
Jurisdictional Dam
City of Colorado Springs, CO
Wilson Gulch Roadway
City of Durango, CO
Ramah Navajo Road 113
Improvements
Ramah, NM
Macho Springs Solar
First Solar, Inc
Shiprock Road Improvements
Navajo Division of
Transportation
Igancio Creek Bridge
United States Forest Service
William Clarke Drive
Improvements – Westbrook,
ME
Maine Department of
Transportation
Senior Engineer
Jesse Giuliano, PE
Jesse Giuliano, PE has 24 years of consulting
experience in a broad array of infrastructure
projects for public and private clients from Maine
to California. Projects that he has worked on have
ranged from sea level (storm sewer outfall to a
tidal river) to nearly two miles above sea level
(resort development in the San Juan Mountains of
southwestern Colorado), from little (sidewalk
underdrains) to big (a 500-acre solar farm in the
state of New Mexico), and from routine (numerous
residential, commercial, and institutional
developments) to unusual (Asian Elephant Exhibit
at the Santa Barbara Zoo). His drainage-related
work has included stormwater system planning,
hydrologic and hydraulic modeling, floodplain
permitting, and the design of green infrastructure,
trash capture devices, stormwater management
facilities, and urban pipelines.

Education
BSCE University of
Massachusetts,
Dartmouth
Licenses
California PE 67881
Colorado PE 41007
NCEES Model Law
Engineer 30504
Affiliations
American Society of
Civil Engineers
Software
Autodesk Civil 3D,
StormCAD, HydroCAD,
HEC-RAS 1D & 2D, HECHMS, MIKE+
Selected Project Experience

ITEM NO. 5.

Resumes
U.S. Route 1 Reconstruction – Lincolnville, ME
Maine Department of
Transportation
Floodplain Permitting
Speer Blvd Bridge
Rehabilitation
City & County of Denver, CO
8th Over South Platte River
Bridge Replacement
City & County of Denver, CO
Trash Capture
Phase 1 Storm Drain Trash
Capture Devices
Fort Bragg, CA
Marin County Large Full
Trash Capture Project 2024
County of Marin, CA
Green Infrastructure &
Stormwater Management
City of Belmont C.3
Compliance & Bioretention
Area Concept
Pavement Engineering, Inc.

Newhall Yard Maintenance
Facility
Valley Transportation
Authority
Parker Rd/Quincy
Ave/Smoky Hill Rd
Intersection Improvements
City of Aurora, CO
Streetside Stormwater
Planter Design Standards
City & County of Denver, CO
Ellsworth Ave Storm
Improvement Project
City & County of Denver, CO
Heron Pond/Heller/Carpio-
Sanguinette Park
City & County of Denver, CO
Marion Street System
City & County of Denver, CO
Garden of the Gods
Detention Facility &
Jurisdictional Dam
City of Colorado Springs, CO
Railroad Yard Industrial
Stormwater Management
Plan
Durango & Silverton Narrow
Gauge Railroad
Holiday Inn – Durango, CO
Quest Development &
Construction, Inc.

Urban Pipeline
High Line Canal/Yale
Underpass
City & County of Denver, CO
Iliff Ave Corridor
Arapahoe County, CO
Ellsworth Ave Storm
Improvement Project
City & County of Denver, CO
Marion Street System
City & County of Denver, CO
33rd Street Outfall
City & County of Denver, CO

ITEM NO. 5.

Resumes
Hydrology and Hydraulics
Santa Ana River Floodplain
Development Modeling
Corona, CA
San Felipe Lake-Soap Lake
Area 2D Floodplain Analysis
San Benito County, CA
Cowan Pump Station, Mills
Creek, and El Portal Creek
System 1-D/2D Stormwater
Model
Burlingame, CA
OneShoreline Shoreline
Protection Project
City of Millbrae and
Burlingame
Slinkard Creek Fish Passage
Barrier
Mono County, CA
Gaviota Creek Restoration
Calibrated Hydrology, 2D
Modeling, and Bank Stability
Analysis
CalTrans, Gaviota, CA
Arroyo Seco Fish Passage,
Screening, and Diversion
Model
Monterey County, CA
Big & Little Creek Calibrated
Hydrology and 2D Hydraulic
Modeling
USFS – Knappa, OR
Halo Ranch Mitigation Bank
Tidal Restoration Modeling &
Design
RES, Petaluma, CA
Romero Canyon Water
Diversion Modeling & Design
Montecito, CA
Bean Hollow Reservoir
System Continuous
Hydrology Modeling and
Water Supply Analysis
San Mateo County, CA
Arroyo Grande 2D Floodplain
Modeling
San Luis Obispo County, CA
Burlingame Creek Survey
and Hydraulic Modeling
Gresham, OR
Coweeman River 2D
Floodplain and Restoration
Design Modeling
Cowlitz County, WA
Walla Walla High School
New Pedestrian Bridge Scour
Analysis
Walla Walla, WA
Asbury Creek Crossing
Replacement
ODOT, Arch Cape, OR
Lexington Elementary School
Downstream Analysis of
McCorkle Creek, Dam, and
Pump Station
Kelso School District
South Umpqua River No-Rise
Analysis For Kerr
Construction Project
Roseburg, OR
Baker Creek Hydrology
Analysis
Friends of Baker Creek,
McMinnville, OR
Finnegan Creek Bridge
Hydrology and Scour
Analysis
Oregon Transportation
Professionals, Sherman
County, OR
Senior Engineer
Justin R. Maynard, PE
Justin Maynard, PE has more than 10 years of
experience in flood protection, storm drain
modeling, HEC-HMS and HEC-RAS model
development, FEMA letter of map change
analysis, and pump station design.

Education
BS, Civil and
Environmental
Engineering, UCLA

MS, Environmental
Fluid Mechanics and
Hydrology, Stanford
University
Licenses
Registered Civil
Engineer:

California 85653
Washington 56080
Oregon 93798
Affiliations
American Society of Civil
Engineers
Selected Project Experience

ITEM NO. 5.

Resumes
West 10th Street Fish
Passage Crossing Analysis
and Design
Private Client
Downstream HEC-RAS 2D
Analysis and Pump Station
Design for a new Vet Clinic in
St Helens, OR
Private Client
Deer Island/Novato Creek 2D
Tidal/Flood Modeling
Marin County
Anderson Dam Interim
Stochastic Reliability Analysis
Santa Clara Valley Water
District
Dublin Crossing Flood Study
and CLOMR
Ruggeri-Jensen-Azar/City of
Dublin
Moffett Gateway
Development Flood Study
City of Mountain View
Christopher Ranch Flood
Study
Gilroy, CA
Enterprise Storm Basin Letter
of Map Revision
Gilroy, CA
Foster City Levee Deficiency
and Wave Runup Analyses
City of Foster City
Coyote Point Levee
Overtopping Analysis and 2D
Floodplain Mapping
City of San Mateo
Anderson Dam Seismic
Retrofit Dewatering Plan
Santa Clara Valley Water
District
Dam Failure Inundation
Studies, Butte/Plumas
County
South Feather Water and
Power Company
Upper Llagas Creek Flood
Protection Project
RMC Water &
Environment/Santa Clara
Valley Water District
Hydrologic Model
Development
Zone 7 Water Agency
Stormwater Systems and
Analysis
Zone 5 Storm Drain Master
Plan Update
Santa Cruz County
Ravenswood Business
Development Stormwater
Improvement Analysis
East Palo Alto, CA
Communication Hill Phase 3-
4 Stormwater Pond Redesign
San Jose, CA
Burlingame Lagoon Drainage
Area Modeling and Capital
Improvements
City of Burlingame
Villa Grande Stormwater
System Modeling and
Planning
Sonoma County
Cemex Eliot Plant Drainage
Modeling & Design
City of Pleasanton
VA Southern Oregon
Rehabilitation Center and
Clinics MS4 Master
Plan/Wetpond Design
VA, White City, OR
SR 432/SR 411 Intersection
Improvements Stormwater
Design
City of Longview
SR 502/SR 503 Intersection
Improvements Stormwater
Design
City of Battleground
Lexington Elementary School
Storm System and Pump
Station Design
Kelso School District
West Main Street
Realignment Storm System
Analysis
City of Kelso, WA
Lincoln City Highway 101
Sidewalk Improvements
City of Lincoln City, OR
Multnomah County Vance
Property Stormwater Master
Planning
Gresham, OR
130th Street Subdivision
Preliminary Pump/VFD Sizing
Vancouver, WA
Storm Drain Master Plan
City of Cupertino
Matadero Creek Pump
Station and Storm Drain
Improvements and Trash
Capture Design
City of Palo Alto
Mountain View Trash Boom
Feasibility Study/Design
City of Mountain View
Livermore Trash Capture
Feasibility Study and Capital
Improvement Plan
City of Livermore
San Mateo Residential Flood
Modeling
City of San Mateo
Coyote Point/Poplar Ave
Pump Station Capacity
Analysis and Floodplain
Modeling
City of San Mateo
City of Soledad Storm Drain
Master Plan
City of Soledad
City of South San Francisco
Forensic Flooding Analysis
City of South San Francisco
City of Santa Clara Storm
Drain Master Plan
City of Santa Clara
NPDES C.3 Reviews
Various Clients
Base Flood Elevation
Delineation, Foster City
Central Lagoon
City of Foster City\

ITEM NO. 5.

Anthony G. Cinquini, P.E., P.L.S.
1360 N. Dutton Ave., Ste. 150, Santa Rosa, CA 95401
(707) 542-6268 Fax (707) 542-2106

PROFESSIONAL PROFILE
Mr. Cinquini, Principal at Cinquini & Passarino, Inc., is a licensed Professional Engineer and Professional Land Surveyor in the State of California. Possessing extensive expertise in topographic surveys, right-of-way and boundary surveys, legal descriptions and plats for right-of-way and easement acquisition, project design and management, construction surveys, and advanced remote sensing technologies such as terrestrial laser scanning and aerial surveys, Mr.

Cinquini is highly qualified to oversee all surveying aspects for infrastructure improvements, redevelopment, and development projects for municipalities.

PROFESSIONAL EXPERIENCE
Joseph Hoog Park Survey, Novato, CA. Mr. Cinquini served as the Principal-in-Charge and Project Manager responsible for preparing a topographic survey of specific areas of the park. This survey was intended to assist the City in designing drainage and accessible improvements for a parking lot, pathway, and children's playground area.

RBSD Wastewater Pond Surveys, Tiburon, CA. Mr. Cinquini performed topographic surveys, boundary retracement, and preparation of legal descriptions and plats to assist the Town with transfers of real property at the wastewater pond site. Mr. Cinquini was the Principal-incharge and Surveyor of Record for this project.

San Marin Drive Property, Novato, CA. Mr. Cinquini managed the boundary survey and UAS aerial planning level topographic survey for the future development the City of Novato’s parcel into workforce housing.

Work included boundary retracement, preparation of a record of survey, remote pilot duties and aerial imagery processing.

Eastview Road Rehabilitation, Tiburon, CA. As Principal-in-charge and Project Manager, Mr. Cinquini performed field mission planning, survey field reductions, and quality control reviews of the mapping and right-of-way resolution field edits for approximately 600 feet of Eastview Road. Work include detailed mapping of the utility markings set by Town’s utility locator as well as the non-uniform narrow roadway.

Sonoma~Marin Area Rail Transit District (SMART) Various Projects Sonoma & Marin Counties, CA. Mr. Cinquini has performed field surveys including laser scanning the Puerto Suello Hill tunnel, boundary surveys and quality control reviews for several topographic mapping and right of way mapping along the corridor.

MMWD Marin East Bay Emergency Intertie Project. Marin County, CA. Mr. Cinquini was the Principal in Charge and Project Manager responsible for the planning and execution of the surveys for the design of a pipeline connecting Marin Municipal Water District to the East Bay Municipal Water District via the Richmond/San Rafael bridge. Work included establishing site control, aerials survey, and supplemental topographic surveys and right-of-way for approximately 21,000 linear feet in Marin County and terrestrial topographic mapping for approximately 7,600 linear feet in Contra Costa County.

EXPERIENCE
27 Years
ROLE
Principal-in-Charge

EDUCATION
Bachelor of Science,
1998, Civil Engineering
California State
University, Chico

LICENSES &

CERTIFICATIONS
Professional Engineer,
Civil, California,
P.E. C62341
Professional Land
Surveyor, California,
P.L.S. 8614
FAA Remote Pilot for
Small Unmanned Aircraft
Systems
Cert No. 3906702

PROFESSIONAL

MEMBERSHIPS
American Society of
Civil Engineers,
San Francisco Section
Past-President
American Council of
Engineering Companies
California (ACEC-CA),
North Coast Chapter-
• Membership Chair
• ACEC-CA
Chair, Professional
Surveyor’s
Committee
California Land
Surveyors Association
Sonoma County
Chapter President

ITEM NO. 5.

ITEM NO. 5.

Price Sheet Proposal
December 5, 2025
Price Sheet
$315 $290 $265 $215
Task 1 Data Collection 2 18 0 32 $12,730 $0 $3,500 $350 $16,580 2 6 24 $7,530 $7,530
8 8 $4,040 $4,040
4 $1,160 $3,500 $350 $5,010
Task 2 Field Survey 0 6 0 12 $4,320 $10,000 $0 $1,000 $15,320 2 4 $1,440 $1,440
4 8 $2,880 $10,000 $1,000 $13,880
Task 3 Hydrologic and Hydraulic Assessment 6 12 40 160 $50,370 $0 $0 $0 $50,370 2 4 8 40 $12,510 $12,510
2 4 16 80 $23,230 $23,230
2 4 16 40 $14,630 $14,630
Task 4 Schematic Design 6 10 12 40 $16,570 $0 $0 $0 $16,570 4 8 8 24 $10,860 $10,860
2 2 4 16 $5,710 $5,710
Task 5 Report 4 6 12 60 $19,080 $0 $0 $0 $19,080
2 4 8 40 $12,510 $12,510
2 2 4 20 $6,570 $6,570
Task 6 Community Engagement 0 0 0 0 $14,570 $0 $0 $0 $29,140 4 16 24 $11,060 $11,060
2 4 8 $3,510 $3,510
Task 7 Project Management/Communications 0 0 0 0 $8,700 $0 $0 $0 $17,400 12 $3,480 $3,480
12 $3,480 $3,480
6 $1,740 $1,740
Total 18 52 64 304 $117,640 $10,000 $3,500 $1,350 $147,060 Monthly Invoices
Two (2) Neighborhood Meetings
One (1) Council Meeting
Monthly Meetings
Three (3) In Person Meetings
Hydrologic Modeling
Update Valley Water Ross Creek Model
Develop Three Alternative Concepts
Outline of Scope of Services, Permits, Cost Summary
Draft Report
Final Report
Hydraulic Modeling
Fee Proposal
Prepare USA Exhibit
Field Topographical Survey
December 5, 2025
CCTV
Hourly Rates 10% Markup Total
Desktop Data Collection
Field Data Collection Schaaf & Wheeler Total Cinquini & Passarino Presidio Systems Inc Principal Project Manager Senior Project Manager Senior Engineer Assistant Engineer Town of Los Gatos
Loma Drainage Study

ITEM NO. 5.

PREPARED BY: Shirley Ng
Environmental Program Specialist
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/17/2026
ITEM NO: 6
DATE: February 17, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Amendment to an Agreement for Downtown Garbage and Recycling Services with Universal Site Services to Amend the Scope of Services and Increase the Total Agreement Amount by $2,056.76
RECOMMENDATION: Authorize the Town Manager to execute the First Amendment to the Agreement for Services with Universal Site Services to amend the scope of services and increase the total agreement base amount by $2,056.76 for a total base amount of $217,026.66.

FISCAL IMPACT:

Approval of the First Amendment will increase the total agreement base amount for downtown garbage and recycling services with Universal Site Services from $214,969.90 to $217,026.66, an increase of $2,056.76 over the remaining term of the agreement.

The increase is attributable to (1) the addition of six (6) garbage receptacles in the Northside Lot with once-per-week Saturday service, (2) the application of the 2026 Consumer Price Index (CPI) adjustment effective January 1, 2026, as provided for in the original agreement, and (3) unforeseen services for day porter services associated with Town events.

There are sufficient funds in the Town’s Adopted 2025-2026 Operating Budget for Parks and Public Works Environmental Services (1115302-63367) to support the contract increase.

ITEM NO. 6.

PAGE 2 OF 3
SUBJECT: Authorize Amendment to Contract for Downtown Garbage and Recycling Services with Universal Site Services
DATE: February 17, 2026
STRATEGIC PRIORITY:

The actions in this report support the Core Goal of Quality Public Infrastructure to ensure downtown garbage collection and recycling are maintained to meet the service needs of the Town.

BACKGROUND:

The Town of Los Gatos has utilized contract services to provide enhanced downtown garbage collection and recycling on the weekends since August 2015, with the original agreement for this service ending in 2022.

In 2022, a Request for Proposals (RFP) was issued to select a vendor to continue service of the Town’s downtown receptacles. This service supplements the collection three days per week by West Valley Collection and Recycling.

On August 2, 2022, the Town Council authorized a four-year Agreement for Universal Site Services valued at $214,969.90 prior to future CPI adjustments. The Agreement included a base amount plus costs for special as-needed services and unforeseen services.

Implementation of the current service model of contracted recycling, pizza box receptacles, and enhanced trash hauling on weekends in the downtown, combined with an increase in recycling receptacles, has significantly decreased the incidents of overflowing trash cans with a corresponding decrease to the amount of waste going to the landfill. Staff continue to increase the number of recycling receptacles to meet the needs of the downtown, with the ultimate goal of completing one-to-one receptacle pairings. Currently, the service includes 61 trash receptacles paired with 50 recycling receptacles.

In addition to collection, Universal Site Services provides cleaning services of the receptacles.

The receptacle design leads to soiled surfaces, which have historically been a nuisance downtown.

DISCUSSION:

As the original agreement comes to its end, the total contract amount will be exceeded due to CPI increases and the addition of services. On February 1, 2025, staff added six (6) additional garbage receptacles in the Northside Lot for an additional once-a-week service. This service increased the cost of the Town’s monthly services. Beginning January 1, 2026, services are amended to include unforeseen day porter cleaning and collection services associated with Town events at a rate of $55 per hour per service up to $600. The additional services combined with the CPI increases over the life of the agreement have resulted in the total agreement amount valued at $217,026.66, an increase of $2,056.76 over the original agreement amount.

ITEM NO. 6.

PAGE 3 OF 3
SUBJECT: Authorize Amendment to Contract for Downtown Garbage and Recycling Services with Universal Site Services
DATE: February 17, 2026
Staff intend to either rebid this supplemental trash collection service in spring 2026 or ask the Town’s franchise trash hauler to provide this service in the future.

CONCLUSION:

Authorize the Town Manager to execute an amendment to the agreement for services with Universal Site Services in scope and total agreement valued at $217,026.66.

ENVIRONMENTAL ASSESSMENT:

This is not a project as defined under CEQA.

Attachments:

1. First Amendment to Agreement for Services with Exhibit A

2. Original Agreement for Services

ITEM NO. 6.

AMENDMENT
This FIRST AMENDMENT TO AGREEMENT amends that certain agreement titled Agreement for Services dated September 1, 2022, made by and between the Town of Los Gatos, ("Town,") and Universal Site Services, Inc. a Corporation and whose address is 760 E Capitol Ave, Milpitas, CA 95035.

RECITALS
A.

B. The parties desire to amend the Agreement to add to the scope of services and increase the not-to-exceed amount.

AMENDMENT
A. Section 2.1 Scope of Services is amended to add:

Beginning February 1, 2025 services are amended to include an additional six (6) garbage receptacles in the Northside Lot for additional once-a-week service on Saturdays. Monthly services will increase costs at a rate of $55 per receptacle as referenced in Exhibit A.

Beginning January 1, 2026, services are amended to include additional day porter cleaning and collection services at a rate $55 per hour per service up to $600 total.

B. Section 2.6 Compensation is amended to read:

Compensation: shall be as follows per 2026 Consumer Price Index (CPI) increase.

FY 2022/23: $43,607.30
FY 2023/24: $55,020.84
FY 2024/25: $57,771.76
FY 2025/26: $60,626.76
For a total agreement amount not to exceed $217,026.66. Compensation for year one (FY 2022/23) shall not exceed $45,961.90. Compensation for future years shall include the projected base amount and be adjusted upward annually for the remaining term of this agreement by the change, if any, in the San Francisco-OaklandSan Jose Metropolitan Area Consumer Price Index for All Urban Consumers, all items (CPI). The adjustment shall be based upon the CPI published on December 31 of the preceding year. If the CPI indicates a downward adjustment, compensation will remain at the base amount. Payment shall be based upon Town approval of each task.

C. Section 4.7 Notices is amended to read:

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

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
ATTACHMENT 1

ITEM NO. 6.

Amendment to Agreement Page 2 of 3
Universal Site Services, Inc.

Los Gatos, CA 95030
Universal Site Services
760 E. Capitol Avenue
Milpitas, CA 95035
D. All other terms and conditions of the Agreement remain in full force and effect.

ITEM NO. 6.

Amendment to Agreement Page 3 of 3
Universal Site Services, Inc.

TOWN OF LOS GATOS Universal Site Services
**signature_63567**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_63567**

DATE SIGNED
**signature_63568**

SIGNATURE
Chris Dickie

CONTRACTOR SIGNATORY'S FULL NAME
Director

CONTRACTOR SIGNATORY'S TITLE
**date_signed_63568**

DATE SIGNED
Approved as to form:
**signature_63570**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_63570**

DATE SIGNED
The execution date is the date on which the last party has signed.

Attachments:

A - Proposal

ITEM NO. 6.

Exhibit A Proposal

ITEM NO. 6.

ITEM NO. 6.

ITEM NO. 6.

ITEM NO. 6.

Agreement for Services
Universal Site Services

AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 1st of September 2022, and is made by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Universal Site Services (“Service Provider”), whose address is 760 E. Capitol Avenue, Milpitas, CA 95035. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 Town sought quotations for the services described in this Agreement through a Request for Proposals (RFP) and Town desires to engage Service Provider as the sole responder for the services described in this Agreement and the Service Provider and was found to be a responsible supplier for these services.

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

1.3 Town desires to engage Service Provider to provide garbage, pizza box, and recycling receptacle collection and cleaning services.

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

II. AGREEMENT

2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on May 27, 2022, which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. The effective date of this Agreement shall begin September 1, 2022, and will continue through June 30, 2026, subject to appropriation of funds, notwithstanding any other provision in this agreement.

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

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


$




 
 





ATTACHMENT 2

ITEM NO. 6.

Agreement for Services
Universal Site Services

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

2.6 Compensation: shall be as follows per the bid pricing sheet as described in Exhibit A.

FY 2022 – 2023 (9/1/22 – 6/30/23)
Collection & Cleaning Services (current inventory) *CPI Included* $43,232.30
One-time Additional Collection post-events (2 events/year) $728.76 Unforeseen expenses $2,000.00
TOTAL $45,961.06
Annual Base Amount (CPI Not Included)
Collection & Cleaning Services (current inventory) $51,878.76 One-time Additional Collection post-events (4
events/year) $1,457.52
Unforeseen expenses $3,000.00
TOTAL $56,336.28
FY 2022/23: $45,961.06
FY 2023/24: $56,336.28 + CPI
FY 2024/25: $56,336.28 + CPI
FY 2025/26: $56,336.28 + CPI
For a total agreement base amount not to exceed $214,969.90.

Compensation for year one (FY 2022/23) shall not exceed $45,961.06. Compensation for future years shall include the projected base amount and be adjusted upward annually for the remaining term of this agreement by the change, if any, in the San Francisco-OaklandSan Jose Metropolitan Area Consumer Price Index for All Urban Consumers, all items 
#


$




 
 






ITEM NO. 6.

Agreement for Services
Universal Site Services
(CPI). The adjustment shall be based upon the CPI published on December 31 of the preceding year. If the CPI indicates a downward adjustment, compensation will remain at the base amount. Payment shall be based upon Town approval of each task.

2.7 Failure to Perform:

It is mutually agreed by SERVICE PROVIDER and TOWN that in the event that performance of the work by SERVICE PROVIDER under this Agreement is not completed as scheduled, TOWN will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. The Parties agree that by way of ascertaining and fixing the amount of damages, costs and expenses, and not by way of penalty, SERVICE PROVIDER shall pay to TOWN the sum of one hundred dollars ($100.00) per location per scheduled service in liquidated damages for every missed service in addition to reducing the monthly payment by the cost of that service. In the event that the liquidated damages are not paid, SERVICE PROVIDER agrees that TOWN may deduct the amount of unpaid damages from any money due or that may become due to SERVICE PROVIDER under this Agreement.

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

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

Invoices:

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

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

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

2.11 Independent Contractor. It is understood that the Service Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she 
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ITEM NO. 6.

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

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

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

III. INSURANCE AND INDEMNIFICATION

3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.

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ITEM NO. 6.

Agreement for Services
Universal Site Services
ii. Service Provider agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

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

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

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

Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees. 
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ITEM NO. 6.

Agreement for Services
Universal Site Services

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

IV. GENERAL TERMS

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

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

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

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

4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a “public work” by the State of California. This includes: construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.

4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.

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ITEM NO. 6.

Agreement for Services
Universal Site Services

4.4.2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.

4.4.3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.

The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

4.4.5 In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.

4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

4.4.7 No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully 
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ITEM NO. 6.

Agreement for Services
Universal Site Services
indemnify the TOWN for any fines assessed by the California Department of Industrial Relations against the TOWN for such violation, including all staff costs and attorney’s fee relating to such fine.

4.4.9 The TOWN shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the contract.

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

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

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

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Universal Site Services
460 E. Capitol Avenue
Milpitas, CA 95035
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.

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

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

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ITEM NO. 6.

Agreement for Services
Universal Site Services
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.

Town of Los Gatos by:

Laurel Prevetti, Town Manager
Recommended by:

Nicolle Burnham
Director of Parks and Public Works
Universal Site Services, by:

Title
Approved as to Form:
_____________________________________
Gabrielle Whelan, Town Attorney
Attest:
______________________________________
Wendy Wood, CMC, Town Clerk

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 !

 "

ITEM NO. 6.

PREPARED BY: Monica Renn
Economic Vitality Manager
Reviewed by: Town Manager, Assistant 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: 02/17/2026
ITEM NO: 7
DATE: February 17, 2026
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt an Ordinance of the Town Council Amending the Town’s Special Events Regulations in Chapter 14 to Establish an Entertainment Zone, Pursuant to State Law, Allowing Outdoor Consumption of Alcoholic Beverages During Permitted Events
Ordinance Title: An Ordinance of the Town Council of The Town of Los Gatos Amending Article X, “Special Events,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of the Town Of Los Gatos Town Code to Establish an Entertainment Zone Pursuant to SB 969
RECOMMENDATION: Adopt an Ordinance of the Town Council amending the Town’s Special Events Regulations in Chapter 14 to establish an Entertainment Zone, pursuant to State Law, allowing outdoor consumption of alcoholic beverages during permitted events.

FISCAL IMPACT:

Adopting an Entertainment Zone Ordinance does not create a direct fiscal impact to the Town.

However, it will increase the workload on Town staff to review and process the Special Event Permits. Per the State of California Department of Alcoholic Beverage Control (ABC), the Town may not charge a fee for businesses to activate the Entertainment Zone without other event components. However, should the applicant wish to include additional elements to the activation event that would otherwise require a Special Events Permit with associated fees, noted in the Town’s Fee Schedule, the applicant will be required to pay the associated Town fees.

ITEM NO. 7.

PAGE 2 OF 2
SUBJECT: Adopt Entertainment Zone Ordinance
DATE: February 17, 2026
STRATEGIC PRIORITY:

This item does not directly address a Strategic Priority; however, it aligns with the Core Goal of Community Character by fostering Economic Vitality and supporting local businesses.

DISCUSSION:

At the regular meeting of February 3, 2026, the Town Council held a public hearing to consider the introduction of an ordinance amending the Town’s Special Events Regulations in Chapter 14 to establish an Entertainment Zone, pursuant to State Law, and allowing outdoor consumption of alcoholic beverages during permitted events.

At the February 3 meeting, the Town Council unanimously approved the introduction of the Ordinance with one change. The Council voted to add a subsection (14) to Section

14.100.035(a) to read: “An entertainment zone event is a discretionary permit and may be denied at the discretion of the Town Manager or designee.” The Town Council also asked staff to revise the map to depict all locations in the entertainment zone as listed in the ordinance.

This ordinance (Attachment 1), incorporating the previously stated revisions, is returning to the Town Council for final adoption. The Ordinance will take effect thirty days from its adoption.

COORDINATION:

This report and ordinance were drafted in coordination with Economic Vitality Staff, the Town Attorney’s and Town Manager’s Office, the Community Development Department, and the Los Gatos-Monte Sereno Police Department.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Draft Entertainment Zone Ordinance

ITEM NO. 7.
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Draft Ordinance Adoption Date
ATTACHMENT 1

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING ARTICLE X, “SPECIAL EVENTS,” OF CHAPTER 14, “LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS,” OF THE TOWN OF LOS GATOS TOWN CODE TO ESTABLISH AN ENTERTAINMENT ZONE PURSUANT TO SB 969
WHEREAS, Senate Bill 969 amended California Business and Professions Code Sections 23039.5, 23357, 23358, 23396, 25690, and added Sections 25691 and 26692 to allow individual jurisdictions to adopt ordinances allowing for the establishment of entertainment zones; WHEREAS, the Town wishes to establish an entertainment zone in which specified alcoholic beverages can be consumed on public streets, sidewalks, or public rights of way; WHEREAS, any entertainment zone ordinance must be approved by the State of California Department of Alcohol and Beverage Control; and WHEREAS, the Town proposes to use its Special Event Permit Process for entertainment zones; and

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AS FOLLOWS:

SECTION I. Section 14.100.015, “Definitions,” of Article X, “Special Events,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of the Town of Los Gatos Town Code is amended to read as follows:

Sec. 14.100.015. - Definitions.
(a) ABC. The State of California, Department of Alcohol Beverage Control. (b) Advance promotional activity. Posting, display, or distribution of signs, banners, leaflets, mailing and publications promoting a future special event. (c) Applicant. A person or organization who seeks a permit to conduct a special event governed by this article.
(d) Block party. An outdoor neighborhood gathering coordinated by the residents of that neighborhood that includes the closure of a public right of way within an area zoned for residential use. Block parties may not include the closure of arterial streets and may not be for commercial, for-profit, or advertising purposes.
(e) Conditions of approval or letter of conditional approval. Requirements with completion timelines concerning the time, place, scope of the event, required permits from other

ITEM NO. 7.
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ATTACHMENT 1
government agencies, vendor provisions, payment of applicable fees and deposits, and other provisions, including but not limited, to conditions to protect the safety of persons and property, provide for adequate traffic control, and regulate the sale and service of food and/or alcohol. Such criteria shall be set forth by the Town Manager to the permittee in writing outlining specifics that must be met prior to the final approval for and issuance of the special event permit.
(f) Entertainment Zone. A zone as defined in Section 23039.5 of the California Business and Professions Code, in which specified alcoholic beverages may be consumed at the locations set forth in Section 14.100.070.
(g) Entertainment Zone Event. An event that occurs within the boundaries of an Entertainment Zone in compliance with ABC regulations, the requirements set forth in this Chapter, and any associated Town Policy governing the activation of an Entertainment Zone. (h)Free speech event. An event, at which the expression of free speech rights is the principal purpose. "Free speech rights" means expressive activity protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution. (i) Permittee. Any applicant to whom a special events permit is issued. (j) Special event. Any event, which is scheduled to take place on or contiguous to a Town street, sidewalk, alley or other right-of-way or on Town property including its parks and the grounds of its buildings, which in the judgment of the Town Manager is likely either:
(1) To obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic; or
(2) To attract participants or spectators who are not likely to comply with traffic laws or controls; or
(3) To generate a crowd of sufficient size likely to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic, or to restrict access to parks, recreation areas or other public areas; or
(4) To require police regulation, monitoring, or control to maintain public safety.

Examples of special events may include, but are not limited to: athletic events such as runs, walkathons, bicycle races, etc., parades, street fairs, festivals, carnivals, car rallies, farmers markets, sidewalk sales, outdoor music concerts, gatherings of merchants, craftsmen, artists or other sellers of goods for the primary purpose of display and sale to the public of arts, crafts or goods, and Entertainment Zone activations.

ITEM NO. 7.
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(k) Special event permit. Written approval issued by the Town Manager for the permittee to conduct the special event as described and conditioned within the conditions of approval. The special event permit is issued after all conditions of approval have been addressed to the satisfaction of the Town Manager.
(l) Town Manager. The Town Manager or the Town Manager's designee. (m) Vendors. Entities that are hired or contracted by the permittee to carry out a service associated with the proposed event.

Section II. Section 14.100.035, “Denial,” of Article X, “Special Events,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of the Town of Los Gatos Town Code is amended to read as follows:
(a) Grounds for denial. Applications for special events permits may be denied for any of the following reasons:
(1) Information contained in the application or supplemental information requested from the applicant is found to be materially false or misleading. (2) The application was incomplete or supplemental information or documents were not provided in a timely manner.
(3) A permit for another special event at a time and place that would conflict with the proposed event, or cause undue traffic congestion, or create excessive demands for police or other Town services has already been approved. (4) The time, route, or size of the event is likely to substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or to disrupt the use of a street at a time when it is usually subject to significant traffic congestion. (5) The concentration of persons, animals and vehicles at the site or assembly and disbanding area is reasonably likely to prevent proper police, fire or ambulance services to areas contiguous to the event.
(6) The size of the event is likely to unreasonably compromise normal police protection to the rest of the Town.
(7) The location of the event is likely to substantially interfere with construction or maintenance work previously scheduled to take place upon or along Town streets, or to interfere with a previously granted encroachment permit.

ITEM NO. 7.
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(8) The special event is likely to occur at a time when a school is in session, at a route or location adjacent to a school, and the noise created by the activities of the event would substantially disrupt the educational activities of the school. (9) The special event will occur on a route or location adjacent to a hospital or extended care facility and the noise created by the event would substantially disrupt the operation of the hospital or extended care facility or disturb the patients within. (10) The special event has a prior history of creating conditions that jeopardize the peace and safety of the citizenry.
(11) The applicant has previously violated special event permit conditions. (12) The applicant refuses to indicate in writing that the applicant will comply with all terms and conditions if the permit.
(13) The scope, intensity, location, type, or size of event deviates from the description provided on the special event application. A new application may be submitted to reflect the deviation so long as the requirements of this Article will be met. (14) An entertainment zone event is a discretionary permit and may be denied at the discretion of the Town Manager, or designee.
(b) Limitation on denial of free speech event permits. In determining whether or not a free speech event permit should be denied, the Town Manager shall resolve all doubts in favor of approval or conditional approval. If the grounds for denial are specified in (a)(3) through (9) of this section, the Town Manager may alter the date, time, place, duration, route, or location of the of free speech event and conditionally approve the application instead of denying it. The conditions imposed shall modify the proposed event only to the extent necessary to avoid the grounds for denial.

Section III. Section 14.100.070, “Entertainment Zone,” is added to Article X, “Special Events,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” to read as follows:
(a) Establishment and Regulation. The purpose of this Section is to implement California Code of Business and Professions Code Sections 25690 through 25692 with the establishment and regulation of an Entertainment Zone within a designated area, to allow the purchase of open container alcoholic beverages from local bars, restaurants, wineries, breweries and on-sale licensees for consumption outside in common spaces such as plazas, public streets, sidewalks or public rights-of-way during certain hours,

ITEM NO. 7.
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subject to a special event permit issued pursuant to this Article. (b) Entertainment Zone Requirements. All commercial entities and organizations sponsoring the Entertainment Zone Event, or selling alcoholic beverages at an Entertainment Zone Event shall comply with all applicable state and local laws and regulations, including:
(1) All applicable ABC license and permitting requirements; (2) Sections 23357, 23358, 23396 of the California Business and Professions Code, as may be amended from time to time regulating licensed beer manufacturers, licensed winegrowers, and on-sale licensees, respectively; (3) All other laws governing the sale and consumption of alcoholic beverages, except that laws restricting “off-sale” of alcoholic beverages shall apply; and (4) All permit requirements for special events issued pursuant to this Article. (c) Open alcoholic beverages may only be consumed within an Entertainment Zone during an Entertainment Zone Event, subject to any other restrictions imposed by state or local law.
(d) All open alcoholic beverages consumed during an Entertainment Zone Event may only be purchased from a premises located within the Entertainment Zone that is authorized under California Business and Professions Code Section 23357, 23358, or 23396, as may be amended, to permit the consumers to leave the premises with open containers of alcoholic beverages for consumption off the premises, or an organization that is authorized by an ABC license or permit to make such sales within the Entertainment Zone.
(e) Open containers leaving the licensed premises during an approved Entertainment Zone Event may only be in plastic cups or similar non-metal, non-glass containers, as specified in the special event permit.
(f) All participating patrons purchasing beverages to be consumed within the approved Entertainment Zone Event must be easily identifiable as over twenty-one years of age and display a wristband or similar as specified within the special event permit.

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(g) Entertainment Zone Hours. Outdoor consumption of alcoholic beverages may only occur during an Entertainment Zone Event between the hours of 8:00 a.m. and 10:00 p.m., subject to any additional limitations imposed by any ABC permit or license and by the special events permit issued pursuant to this Article, including but not limited to more restrictive days and hours during which outdoor consumption of alcoholic beverages is authorized.
(h) Entertainment Zone Locations. C-2 Central Business District Commercial Zone inclusive of public parking lots, alleyways, and parks located within the Central Business District (C-2); and the portion of C-1, Neighborhood Commercial Zoning located directly adjacent to the south-west of the C-2 Zone along E. Main Street, between Pageant Way and Alpine Avenue as shown on the map below.
(i) Entertainment Zone Implementation. Within 60 days of the establishment or modification of an Entertainment Zone, the Town Manager or their designee will,

ITEM NO. 7.
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following consultation with the Police Department, provide the following information to ABC, pursuant to Section 25690 of the California Business and Professions Code:
(1) A copy of the ordinance establishing or modifying the Entertainment Zone; (2) Information as may be necessary to identify the boundaries of the Entertainment Zone;
(3) The days and hours of operation of the Entertainment Zone; (4) The types of alcoholic beverages permitted within the Entertainment Zone; and (5) The approved plastic or similar non-glass and non-metal containers in which alcoholic beverages may be authorized.
(j) The Town Manager is authorized to promulgate rules and regulations to implement this Article, and the special events guidelines and policies, copies of which shall be provided to ABC, that shall include the following requirements:
(1) Establish a process or procedure to readily identify individuals purchasing or consuming alcoholic beverages within the Entertainment Zone as being 21 years of age or older;
(2) Any person or organization seeking a special events permit pursuant to this Article shall comply with the insurance requirements applicable to that permit, and all rules and regulations authorized by this Article, Special Events; and (3) Any additional requirements for approved beverage containers, additional restrictions on hours of operation for the Entertainment Zone Event, and other time, place and manner restrictions.
(k) Any holder of an ABC license or permit that wishes to allow customers to leave the premises with open containers of alcoholic beverages for consumption off the premises during an Entertainment Zone Event shall provide the Town with a copy of the notice provided to ABC under Section 23357, 23358, or 23396 of the California Business and Professions Code, as applicable, at the same time such notice is provided to ABC. (l) Biennial review. The Town Manager, or the Town Manager’s designee, shall review the operation of any established Entertainment Zone every two years following its adoption to ensure that the Entertainment Zone is being maintained in a manner that protects the health and safety of the general public. This review shall be conducted in consultation with the Los Gatos–Monte Sereno Police Department or other local law enforcement agency with jurisdiction, and any reports produced during the review shall be made available to the California Department of Alcoholic Beverage Control upon request.

SECTION IV. CEQA.

ITEM NO. 7.
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Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).

SECTION V. Publication.

The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.

SECTION VI. Effective Date.

In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 3 rd day of February 2026,
and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

ITEM NO. 7.

PREPARED BY: Tyler Thomas
Superintendent
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Administrative Services Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/17/2026
ITEM NO: 8
DATE: February 17, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services with Pacific Water Art, Inc. to Increase the Agreement Amount for Additional Maintenance and Repair Costs RECOMMENDATION: Authorize the Town Manager to execute a second amendment to the agreement for services for Water Fountain Maintenance and Repair with Pacific Water Art, Inc., to increase the agreement amount by $25,397 for a total not to exceed amount of $102,853 FISCAL IMPACT:

The Second Amendment to the Agreement for Services with Pacific Water Art increases the not-to-exceed contract amount by $25,397, for a revised total contract amount not to exceed $102,853. Sufficient funding is available within the existing Unanticipated Repairs CIP Project budget (CIP No. 811-9904; 4118151) for the increased contract amount associated with this action. No additional appropriations are required as a result of this action.

STRATEGIC PRIORITY:

This project supports the Strategic Priority of Quality Public Infrastructure.

BACKGROUND:

The Town entered into an Agreement for Services with Pacific Water Art, Inc. on July 1, 2024, for maintenance services for the Town’s two water fountains, one located at Town Hall and the other located at Plaza Park. Pacific Water Art originally built the fountain at Plaza Park and has since been the only contractor to perform routine service or maintenance on it. Since being

ITEM NO. 8.

PAGE 2 OF 2
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services with Pacific Water Art
DATE: February 17, 2026
installed in the early 2000’s, the Plaza fountain has had routine maintenance and a few minor repairs. Pacific Water Art is the most knowledgeable local contractor that can not only make the repairs needed but also continue to provide a high level of maintenance.

The original maintenance agreement was for $49,656 and signed by the Town Manager on June 10, 2024, since the total contract amount was under $100,000. The first amendment to the agreement was executed on July 1, 2025, increasing the contract value to $77,456. This amendment was for the repair of the ultraviolet (UV) disinfection system at the Plaza Fountain.

DISCUSSION:

In November 2025, after the UV system repairs were made, the fountain could only be manually operated. After troubleshooting the unit, it was discovered that the main control board had failed and needed to be replaced. Staff asked Pacific Water Art to inspect all other components of the fountain. During this investigation, it was discovered that the chemical dosing system was also in need of repair. Most components are original to the installation of the fountain and have outlasted their useful life cycle. The proposed second amendment an increase to the agreement to cover additional repair costs needed to restore the fountain for the upcoming season.

These repairs are critical to the safe operation of the fountain as the chemical system and the UV system help treat the water and keep it clean while in use.

CONCLUSION:

Staff recommends authorizing the Town Manager to execute the Second Amendment to the Agreement for Services with Pacific Water Art, Inc., to increase the agreement amount to cover additional costs for water fountain maintenance and repair.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Second Amendment to the Agreement for Services with Pacific Water Art

2. First Amendment to the Agreement and Original Agreement for Services with Pacific Water Art

ITEM NO. 8.

AMENDMENT
This SECOND AMENDMENT to Agreement for Services amends that certain Agreement for Services dated June 24, 2024, made by and between the Town of Los Gatos, ("Town,") and the Pacific Water Art Inc. ("Service Provider") identified as an S Corporation and whose address is 330 Mathew Street Santa Clara, CA 95050.

RECITALS
A. Town and Consultant entered into the Agreement for Services on June 4, 2024, (“Agreement”).

B. First Amendment to this Agreement on June 6, 2025.

C. The parties desire to amend the Agreement in order to include repairs to the main control board and chemical system into the scope of services, and increase the compensation.

AMENDMENT
A. Section 2.1 Scope of Services - is amended to add the following: Service Provider shall provide services described in that certain Proposal dated November 11, 2025, which hereby incorporated by reference and attached as Exhibit A.

B. Section 2.6 Compensation - is amended to add the following: Compensation for Service Provider's professional services shall be increased by $25,397.00 for a total agreement amount not to exceed $102,853. Payment shall be based upon Town approval of each task based on Exhibit A.

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

ATTACHMENT 1 Page 98
ITEM NO. 8.

Amendment to Agreement Page 2 of 3
Pacific Water Art, Inc.

TOWN OF LOS GATOS Pacific Water Arts, Inc.
**signature_62675**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_62675**

DATE SIGNED
**signature_62677**

SIGNATURE
Billy Le

CONTRACTOR SIGNATORY'S FULL NAME
President

CONTRACTOR SIGNATORY'S TITLE
**date_signed_62677**

DATE SIGNED
Approved as to form:
**signature_62686**

SIGNATURE
Nicolle Burnham

FULL NAME
**date_signed_62686**

DATE SIGNED
Director of Parks and Public Works
TITLE
**signature_62676**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_62676**

DATE SIGNED
**signature_62685**

SIGNATURE
Wendy Wood, CMC

FULL NAME
**date_signed_62685**

DATE SIGNED
Town Clerk
TITLE

ITEM NO. 8.

Amendment to Agreement Page 3 of 3
Pacific Water Art, Inc.

The execution date is the date on which the last party has signed.

Attachments:

A - PWA Quote 11.11.2025

ITEM NO. 8.
www.pacificwaterart.com
Lic. #623675
330 Mathew Street
Santa Clara, CA 95050
Tel: 650.968.2733
Fax: 650.968.1633

PROPOSAL
To:

Town of Los Gatos
Parks & Public Works
Attn: Tyler Thomas
41 Miles Ave
Los Gatos, CA 95030
Account #: M1291
Town of Los Gatos
Date:
11/11/2025
Job Name/Location:

UV Board Control Replacement Proposal
Town of Los Gatos Plaza Fountain
Contact Person:
[email protected]
Contact Number:

O: 408-399-5775
We hereby submit specifications and estimates for:

Pacific Water Art, Inc. proposes to replace the control board for the UV system that controls the UV system and the fountain pumps. The Trojan technician reported the board was also malfunction after they calibrated and inspected the UV system. We can’t run the fountain without replacing the board.

Please find the cost below:

Materials & Labor:

1. Dosimeter Control Board………………………………………………………………………….…….$10,857.00

2. Truck/Fuel/Tools……………………………………………………….………………………….....….……..$150.00

3. Labor for 2-man crew……………………………...………………………………….……..………......$2,400.00

4. Total Cost for Labor and Materials.…………………………..…………….……..……...........$13,407.00 NOTES: 1) Lead Time is 2 to 3 weeks - Warranty 1 year
2) Any additional work found during repair will be reported for attention action and pricing
3) Union Labor
We Propose hereby to furnish material and labor – complete in accordance with the above specifications, for the sum of:

Thirteen Thousand Four Hundred Seven and No/100………………..…..…. Dollars $13,407.00
Payment to be made as follows:

Due upon completion, as invoiced. Net 30 days.

All material is guaranteed to be as specified. All work to be completed in a professional manner according to standard practices.

Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Worker’s Compensation insurance.

Authorized
Signature Berto Aguirre
Title Berto Aguirre
Maintenance Manager
Note: This proposal may be withdrawn by us if not
accepted within 30 days.

Acceptance of Proposal
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.

Date of Acceptance:
_______________________________________
Signature: __________________________________
Title:______________________________________

ITEM NO. 8.
www.pacificwaterart.com
Lic. #623675
330 Mathew Street
Santa Clara, CA 95050
Tel: 650.968.2733
Fax: 650.968.1633

PROPOSAL
To:

Town of Los Gatos
Parks & Public Works
Attn: Tyler Thomas
41 Miles Ave
Los Gatos, CA 95030
Account #: M1291
Town of Los Gatos
Date:
11/11/25
Job Name/Location:

Fountain Repair & Safety Upgrade Proposal
Town of Los Gatos Plaza Fountain

Contact Person:
[email protected]
Contact Number:

O: 408-399-5775
We hereby submit specifications and estimates for:

Pacific Water Art, Inc. proposes to replace the current chemical feeder inside the vault. The current automated system is obsolete and it’s becoming a bit difficult to find replacement parts to keep it operating properly. We recommend that we upgrade to an easy tablet feeder system. This will help benefit the safety and longevity of the chlorine levels in the water. I recommend that we upgrade system before we restarted the fountain next year. Our cost for the work is as follow:

Materials & Labor:

1. New Digital Rola-Chem Controller…….………………................................................$2,280.00

2. New Solenoid Valve.…………….…………………………………………………………..…..........…$1,260.00

3. 1 New Chemical Feeder Tanks….…….. ….……………………………………………..…..........$1,000.00

4. Extra Set of Probes……………………………………………………………………...…………………..…$680.00

5. Misc. Materials……………………………………………………………………………………………………$750.00

6. Truck/Fuel/Tools………………………………………………….……………………………….....….…....$500.00

7. Labor for 2-man crew……………………………...………………………………….……..…….….....$5,520.00

8. Total Cost for Labor and Materials.…………………………..…………….……………..........$11,990.00 NOTES: 1) Lead Time is 2 weeks - Warranty 1 year
2) Any additional work found during repair will be reported for attention action and pricing
3) Union Labor
We Propose hereby to furnish material and labor – complete in accordance with the above specifications, for the sum of:

Eleven Thousand Nine Hundred Ninety and No/100….……………..…..…. Dollars $11,990.00
Payment to be made as follows:

Due upon completion, as invoiced. Net 30 days.

All material is guaranteed to be as specified. All work to be completed in a professional manner according to standard practices.

Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Worker’s Compensation insurance.

Authorized
Signature Berto Aguirre
Title
Berto Aguirre
Maintenance Manager
Note: This proposal may be withdrawn by us if not
accepted within 30 days.

Acceptance of Proposal
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.

Date of Acceptance:
_______________________________________
Signature: __________________________________
Title:______________________________________

ITEM NO. 8.

Docusign Envelope ID: E62B3D1 D- 74BD- 4FC6- 9E9B- 89D11 FD3DE66

FIRST AMENDMENT TO AGREEMENT

PREAMBLE
This First Amendment to Agreement for Services is dated for identification on this 6th day of June 2025 and amends that certain Agreement for Services dated June 24, 2024, made by and between the Town of Los Gatos, (" Town,") and the Pacific Water Arts Inc. (" Service Provider") identified as an S Corporation and whose address is 330 Mathew Street Santa Clara, CA 95050.

I. RECITALS
A. Town and Consultant entered into Agreement for Services on June 4, 2024, Agreement"), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.

B. Town desires to amend the Agreement to add to the scope of services and to extend the term of the Agreement.

II. AMENDMENT

1. Section 2. 1 Scope of Services is amended to add the following:

Service Provider shall provide services as described in that certain Proposal dated June 2, 2025, which is hereby incorporated by reference and attached as Exhibit B.

2. Section 2. 6 Compensation is amended to add the following:

Compensation for Service Provider' s professional services shall be increased by 27, 800 for a total agreement amount not exceed $ 77, 456. Payment shall be based upon Town approval of each task based on Exhibit B.

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

First Amendment to Purchase and Service Agreement

ITEM NO. 8.

Docusign Envelope ID: E62B3D1 D- 74BD- 4FC6- 9E9B- 89D11 FD3DE66 IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.

Town of Los Gatos by: Pacific Water Arts Inc. by:

Signed by: DocuSigned by:

L,ris ( Sat41tA, 7/ 1/ 2025 Boo ( l' P6/ 26/ 2025
3E1- 03F232F1-B428... 61 F5D264AD824FA...

Chris Constantin, Town Manager Berto Aguirre , Maintenance Manager Recommended by:

Signed by:
146Lit, bundwA 6/ 26/ 2025
0E97031349G44C3...

Nicolle Burnham,
Director of Parks and Public Works
Approved as to Form:

Signed by:
f
n tr&t ( Lt i Met,GUA/ for Allrit& 7/ 1/ 2025
4B-749A214F? F4 ...

Gabrielle Whelan, Town Attorney
Barbara Choi signing on behalf of Gabrielle Whelan
Attest:

DocuSigned b(y::

PakAA, cd, 7/ 1/ 2025
5BFB22E5A33B409...

Wendy Wood, CMC, Town Clerk
Jenna De Long signing on behalf of Wendy Wood

First Amendment to Purchase and Service Agreement
Pacific Water Art, Inc. Page 104
ITEM NO. 8.

Docusign Envelope ID: E62B3D1 D- 74BD- 4FC6- 9E9B- 89D11 FD3DE66

AGREEMENT FOR SERVICES

PREAMBLE
THIS AGREEMENT is dated for identification on this 4th day of June 2024 by and between TOWN OF LOS GATOS, a California municipal corporation, (" Town") and Pacific Water Art, Inc. (" Service Provider"), identified as an S Corporation and whose address is 330 Mathew Street, Santa Clara, CA 95050. This Agreement is made with reference to the following facts.

RECITALS

1. 1 For the services described in this Agreement, and Service Provider was selected as a single source Service Provider.

1. 2 Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

1. 3 Town desires to engage Service Provider to provide water fountain maintenance.

1. 4 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.

II. AGREEMENT

2. 1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on May 6, 2024, which is hereby incorporated by reference and attached as Exhibit A.

2. 2 Term and Time of Performance. The effective date of this Agreement shall begin July 1, 2024 through June 30, 2026, subject to appropriation of funds, notwithstanding any other provision in this agreement.

2. 3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.

2. 4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

Agreement for Services
Pacific Water Art, Inc.

EXHIBIT A

ITEM NO. 8.

Docusign Envelope ID: E62B3D1 D- 74BD- 4FC6- 9E9B- 89D11 FD3DE66

2. 5 Information/ Report Handling. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town' s property and shall be delivered to the Town upon the completion of services or at the Town' s written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider pursuant to this Agreement are for the purpose of evaluating a defined project, and Town' s use of the information contained in the reports prepared by the Service Provider in connection with other projects shall be solely at Town' s risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.

2. 6 Compensation:

FY2024/ 25:

Plaza Park = $ 1, 451 x 12 = $ 17,412
Civic Center = $ 324 x 12 = $ 3, 888
Total FY2024/ 25 = $ 21, 300 + $ 3, 000 unforeseen = $ 24, 300 FY2025/ 26:

Plaza Park = $ 1, 523 x 12 = $ 18, 276
Civic Center = $ 340 x 12 = $ 4, 080
Total FY2025/ 26 = $ 22, 356 + $ 3, 000 unforeseen = $ 25, 356 Compensation for services in the amount not to exceed $ 49, 656, inclusive of all costs.

2. 7 Billing. Billing shall be monthly by invoice within thirty ( 30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.

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

Invoices:

Town of Los Gatos
Attn: Accounts Payable
P. O. Box 655
Los Gatos, CA 95031- 0655
Email ( preferred): AP@losgatosca. gov

Agreement for Services
Pacific Water Art, Inc.

ITEM NO. 8.

Docusign Envelope ID: E62B3D1 D- 74BD- 4FC6- 9E9B- 89D11 FD3DE66

2. 8 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request ofthe Town.

2. 9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Service Provider. No portion of these services shall be assigned or subcontracted without the written consent of the Town.

2. 10 Independent Contractor. It is understood that the Service Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/ she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee( s). With prior written consent, the Service Provider may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Service Provider or is based on allegations of Service Provider' s negligent performance or wrongdoing.

2. 11 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Service Provider warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town' s sole discretion, divest itself of such interest. Service Provider shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance ofthis Agreement. If after employment of a person Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider shall promptly notify Town of this employment relationship, and shall, at the Town' s sole discretion, sever any such employment relationship.

2. 12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental

Agreement for Services
Pacific Water Art, Inc.

ITEM NO. 8.

Docusign Envelope ID: E62B3D1 D- 74BD- 4FC6- 9E9B- 89D11 FD3DE66 disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.

III. INSURANCE AND INDEMNIFICATION

3. 1 Minimum Scope of Insurance:

Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/ her and his/ her firm to an amount not less than: two million dollars ($ 2, 000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Service Provider agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/ her and his/ her staff to an amount not less than one million dollars ($ 1, 000, 000) combined single limit per accident for bodily injury and property damage.

Hi. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

General Liability:

The Town, its elected and appointed officials, employees, and agents are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider. ii. The Service Provider' s insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees and agents.

Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider' s insurance and shall not contribute with it.

Hi. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider' s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer' s liability.

Agreement for Services
Pacific Water Art, Inc.

ITEM NO. 8.

Docusign Envelope ID: E62B3D1 D- 74BD- 4FC6- 9E9B- 89D11 FD3DE66

3. 2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty ( 30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term ofthis agreement with the Town Clerk.

3. 3 Workers' Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement.

Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees. As required by the State of California, with Statutory Limits, and Employer' s Liability Insurance with limit of no less than one million dollars ($ 1, 000, 000) per accident for bodily injury or disease.

3. 4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Service Provider, or any of the Service Provider' s officers, employees, or agents or any subcontractor.

IV. GENERAL TERMS

4. 1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

4. 2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.

4. 3 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days ( 15) written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider.

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

Agreement for Services
Pacific Water Art, Inc.

ITEM NO. 8.

Docusign Envelope ID: E62B3D1 D- 74BD- 4FC6- 9E9B- 89D11 FD3DE66

4. 4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1, 000 which are defined as a " public work" by the State of California. This includes: construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720. 6. This include service and warranty work on public buildings and structures.

4.4. 1 The applicable California prevailing wage rate can be found at www.dir.ca. gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/ or available at each jobsite.

4. 4. 2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774- 1775 (the payment of prevailing wages and documentation of such), Section 1776 ( the keeping and submission of accurate certified payrolls) and 1777. 5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.

4. 4. 3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to$ 200 per day per worker for each wage violations identified; 100 per day per worker for failure to provide the required paperwork and documentation requested within a 10- day window; and$ 25 per day per worker for any overtime violation.

4. 4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls ( for itself and all applicable subcontractors) for the time period covering such payment request.

The term " certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof oftraining contributions CAC2 if applicable), and apprenticeship forms such as DAS- 140 and DAS- 142.

4. 4. 5 In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when

Agreement for Services
Pacific Water Art, Inc.

ITEM NO. 8.

Docusign Envelope ID: E62B3D1 D- 74BD- 4FC6- 9E9B- 89D11 FD3DE66 mandated by the project parameters shall also result in the withholding of progress, retention and final payment.

4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725. 5 [ with limited exceptions from this requirement for bid purposes only under Labor Code section 1771. 1( a)].

4.4.7 No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725. 5. Contractors MUST be a registered " public works contractor" with the DIR AT THE TIME OF BID. Where the prime contract is less than $ 15,000 for maintenance work or less than 25, 000 for construction alternation, demolition or repair work, registration is not required.

4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the TOWN for any fines assessed by the California Department of Industrial Relations against the TOWN for such violation, including all staff costs and attorney' s fee relating to such fine.

4.4.9 The TOWN shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the contract.

4. 5 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.

4. 6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney' s fees, including costs of appeal.

4. 7 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:

Town of Los Gatos Pacific Water Art, Inc.

Attn: Town Clerk 330 Mathew Street
110 E. Main Street Santa Clara, CA 95050
Los Gatos, CA 95030
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.

Agreement for Services
Pacific Water Art, Inc.

ITEM NO. 8.

Docusign Envelope ID: E62B3D1 D- 74BD- 4FC6- 9E9B- 89D11 FD3DE66

4. 8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.

4. 9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.

Agreement for Services
Pacific Water Art, Inc. Page 112
ITEM NO. 8.

Docusign Envelope ID: E62B3D1 D- 74BD- 4FC6- 9E9B- 89D11 FD3DE66 IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.

Town of Los Gatos by: Pacific Water Art, Inc. by:

DocuSigned by: DocuSigned by:
tat frc ,ffi 6/ 10/ 2024 V 0t1,bff 6/ 4/2024
853FEEA2EB39470... B7AC4 93AA884D5...

Laurel Prevetti, Town Manager Dirk Rohliff, President
Recommended by:

DocuSigned by:
mom - bunAktuA 6/ 4/ 2024
E97831349C44C3...

Nicolle Burnham
Director of Parks and Public Works
Approved as to Form:

DocuSigned by:

PLUi4 6/ 7/ 2024
EFDC738A5f 34428..

Gabrielle Whelan, Town Attorney
Attest:

DocuSigned by:

PUA UN( 6/ 10/ 2024
BffrEBeRE-2e21-4-1- 8...

Wendy Wood, CMC, Town Clerk

Agreement for Services
Pacific Water Art, Inc. Page 113
ITEM NO. 8.

Docusign Envelope ID: E62B3D1D- 74BD- 4FC6- 9E9B- 89D11FD3DE66 EE 4: ifi(:
1, 1(./ 1623675
Mer 310 NiatheNV Street
rt Inc. Santa laid CA
Tel: coo 968 2733
Fax: 6509( 316; 3
VIM. Jaci ficwateraitcont
To: Account#: M1291 Date:

Los Gatos Town Plaza Ftn 5/ 6/ 24 Rev
Town of Los Gatos Job Name/ Location:

Parks& Public Works
Attn: Jim Harbin 2024- 2026( 2- Year) Maintenance Proposal 41 Miles Avenue Los Gatos Town Plaza Fountain
Los Gatos, CA 95030 Santa Cruz& Main Street
Los Gatos CA
Contact Person: Contact Number:

Jharbin@losgatosca, gov 408) 399- 57' 75
We hereby submit specifications and estimates for:

Maintenance services THREE times per week for the above-referenced site per the following:
1) Each visit test water chemistry and record.
2) Each visit verify that the reservoir water level is correct. 3) Inspect equipment, verify that the equipment is operating properly. Report any abnormalities to Owner for action. Inspect pump motors. Verify that pressure and vacuum gauges are within limits.
4) Inspect water treatment system. Monitor levels of chemicals in the chemical tanks. Refill tanks as needed. Chemical cost to be billed to TOFLG. Each visit verify pH is within limits and adjust as required.
5) Each visit clean the pump strainer baskets to remove the accumulated debris. 6) Wash and clean cartridge filters.
7) Inspect sump pumps to ensure they are without obstructions, clean as needed, 8) As needed, clean vault hatch gutter to remove accumulated debris. 9) Clean sensor probes every 6 months to ensure they operate properly. Verify and test. 10) Grease motors every 6 months.
11) Quarterly take amperage readings on all motors.
12) Provide monthly reports, pH weekly readings included as requested. 13) This agreement may be cancelled by either party upon a 30 day written notice of cancellation. 14) Any extra repairs authorized by the Owner will be charged at the following repair rates unless otherwise quoted:

Journeyman Plumber $ 160. 00/ hr. port to port
Journeyman Electrician-$ 180.00/ hr. port to port
Foreman 150. 00/ hr. port to port
Journeyman Laborer - $ 140.00/ hr. port to port
General Laborer 120. 00/ hr, port to port
Town of Los Gatos 5/ 3/ 24
6/ 21- 6122 6/24- 6/25 6/ 25- 6/26
Town Plaza( 3x/week) 1, 253 1, 451 1, 523
We are licensed by the State of California in Aquatics. Our State Qualified Applicator' s License Number is# 31059.

EXHIBIT A

ITEM NO. 8.

Docusign Envelope ID: E62B3D1 D- 74BD- 4FC6- 9E9B- 89D11 FD3DE66 We Propose hereby to furnish material and labor— complete in accordance with the above specifications, for the sum of: See Above Payment to be made as follows:

Payment terms are 30 days upon receipt of invoice. This proposal is governed by the terms and conditions of the Facilities Purchase agreement between the Town of Los Gatos and Pacific Water Art, Inc.

All material is guaranteed to be as specified. All work to be Authorized completed in a professional manner according to standard practices. Signature ` ry
Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an 1/
extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully Title Billy Le— VP of Operations covered by Worker' s Compensation insurance.

Note: This proposal may be withdrawn by us ifnot
accepted within 90 days.

Acceptance of Proposal
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature:

Date of Acceptance:

Title:

ITEM NO. 8.

Docusign Envelope ID: E62B3D1 D- 74BD- 4FC6- 9E9B- 89D11 FD3DE66 acifo Lie.# 623675
ater 330 Mathew Street
A; rt e
Santa Clara, CA
Tel: 650. 968. 2733
Fax: 650968 1633
www. pacificwaterart. com
To: Account#: M1291 Date:

Los Gatos Town Plaza Ftn 5/ 6/ 24 Rev
Town of Los Gatos Job Name/ Location:

Parks& Public Works
Attn: Jim Harbin 2024- 2026( 2- Year) Maintenance Proposal 41 Miles Avenue Civic Center Fountain
Los Gatos, CA 95030 Los Gatos, CA
Contact Person: Contact Number:

Jharbin@losgatosca. gov
408) 399- 5775
We hereby submit specifications and estimates for:

Maintenance services ONCE per week for the above- referenced site per the following:
1) Remove trash and debris from the fountain.
2) Test the water for proper chemical content and add the necessary algaecides. 3) Check pump operation once per month. Report any abnormalities to management for action. 4) This agreement may be cancelled by either party upon a 30- day written notice of cancellation. 5) Any extra repairs authorized by the Owner will be charged at the following repair rates unless otherwise quoted:

Journeyman Plumber - $ 160. 00/ hr. port to port
Journeyman Electrician- $ 180. 00/ hr. port to port
Foreman 150. 00/ hr. port to port
Journeyman Laborer - $ 140. 00/ hr. port to port
General Laborer 120. 00/ hr. port to port
Town of Los Gatos 5/ 3/ 24
6/ 21- 6/ 22 6/ 24- 6/ 25 6/ 25- 6/ 26
Civic Center( 1x/week) 280 324 340
We are licensed by the State of California in Aquatics. Our State Qualified Applicator' s License Number is# 31059.

We Propose hereby to furnish material and labor— complete in accordance with the above specifications, for the sum of: See Above Payment to be made as follows:

Payment terms are 30 days upon receipt of invoice. This proposal is governed by the terms and conditions ofthe Facilities Purchase agreement between the Town of Los Gatos and Pacific Water Art, Inc.

All material is guaranteed to be as specified. All work to be Authorized completed in a professional manner according to standard practices. costs
extra
alteration
charge
will be
over
executed
or deviation
and above
only
from
upon
the estimate.
above
written
specifications
orders,
All agreements
and will
involving
become
contingent
extra
an
Signature )
Title Billy
7 Le— VP of Operations
upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully Note: This proposal may be withdrawn by us if not covered by Worker' s Compensation insurance. accepted within 90 days.

Acceptance of Proposal
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature:

Date of Acceptance:

Title:

ITEM NO. 8.

Docusign Envelope ID: E62B3D1 D- 74BD- 4FC6- 9E9B- 89D11 FD3DE66 Pacific
Water PROPOSAL
j Art Inc.

Lic.# 623675
330 Mathew Street
Santa Clara, CA 95050
Tel: 650. 968.2733
www. pacificwaterart. com
Fax: 650. 968. 1633
To: Account#: M1291 Date:

Town of Los Gatos 6/ 2/ 2025
Town of Los Gatos Job NamelLocation:

Parks & Public Works
Attn: Tyler Thomas UV System Repair Proposal
41 Miles Ave Town of Los Gatos Plaza Fountain
Los Gatos, CA 95030
Contact Person: Contact Number.
tthomas@losgatosca. gov 0: 408- 399- 5775
We hereby submit specifications and estimates for:

Pacific Water Art, Inc. attempted to start up the system but found a few issues with the UV system preventing the splashpad to operate. We consulted with the manufacture ( Trojan UV) while we were troubleshooting the system and they recommended to replace the UV lamps, sleeves, sensor assembly, and recalibrate the system with the help of a Trojan UV certified expert onsite. This is required per SCC DEH to keep the public safe. Our proposed scope and cost as below:

Materials& Labor:

Sensor Assy Set 12, 355. 00
2 New Trojan Lamp Assbly 2, 645. 00
2 New Quartz Sleeves 1, 050.00
Misc Materials/ Truck/ Fuel/ Tools 300.00
Trojan UV Onsite Service 5, 000. 00
Labor for 2- man crew 6,450. 00
Total Cost for Labor and Materials 27, 800.00
NOTES: 1) Lead Time is 5 to 6 weeks- Warranty 1 year
2) Any additional work found during repair will be reported for attention action and pricing
3) Union Labor
We Propose hereby to furnish material and labor— complete in accordance with the above specifications, for the sum of: 27, 800. 00 Twenty- Seven Thousand Eight Hundred and No/ 100 Dollars Payment to be made as follows:

Due upon completion, as invoiced. Net 30 days.

All material is guaranteed to be as specified. All work to be Authorized e.
completed in a professional manner according to standard practices. Signature Any alteration or deviation from above specifications involving extra Berto Aguirre
costs will be executed only upon written orders, and will become an Title extra charge over and above the estimate. All agreements contingent Maintenance Manager upon strikes, accidents or delays beyond our control. Owner to carry Note: This proposal may be withdrawn by us ifnot fire, tornado, and other necessary insurance. Our workers are fully accepted within 30 days. covered by Worker' s Compensation insurance.

EXHIBIT B

ITEM NO. 8.

Docusign Envelope ID: E62B3D1 D- 74BD- 4FC6- 9E9B- 89D11 FD3DE66 Pacific
Water PROPOSAL
Art Inc.

Acceptance of Proposal
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as Signature.
specified. Payment will be made as outlined above.

Date of Acceptance: Title:

E

ITEM NO. 8.

PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/17/2026
ITEM NO: 9
DATE: February 17, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve the 2026 Work Plan Recommended by the Town’s Parks and Sustainability Commission
RECOMMENDATION: Approve the 2026 work plan recommended by the Town’s Parks and Sustainability Commission.

FISCAL IMPACT:

No fiscal impact is associated with this item.

STRATEGIC PRIORITY:

This item pertains to the Core Goal of Good Governance. It does not directly address a 2025- 2027 Strategic Priority.

BACKGROUND:

In order to provide Town Commissions/Committees/Boards (Commissions) clarity from the Town Council regarding their work, staff recommend the Town Council review and approve each Commission’s work plan for the year. This will ensure Council support, efficient use of Commissioners’ time, and sufficient staff resources for the Commission’s projects in 2026.

Certain Commissions are exempt from this process due to their specific functions. The exempt Commissions have items presented to them for consideration rather than the Commissions creating their own work plans. These exempt Commissions include the Planning Commission, General Plan Committee, Historic Preservation Committee, and Personnel Board.

ITEM NO. 9.

PAGE 2 OF 2
SUBJECT: Commission Work Plans
DATE: February 17, 2026
DISCUSSION:

Work plans are drafted by the Commission’s staff liaison, taking workload, time commitment, changes in legislation, and alignment with Council priorities into consideration.

The Parks and Sustainability Commission work plan (Attachment 1) was discussed by the Commission at its regular meeting on February 3, 2026. During the discussion, the commission recommended the addition of item 5, supporting staff on a potential work plan for third party trail management. Item 6 was also modified to reflect specific support regarding the Urban Forest Management Plan. With those changes, the Commission moved unanimously to recommend the draft work plan for Council approval without alteration or addition.

Staff feel that the items contained in this work plan are manageable for 2026. The addition of more items to these work plans would impact staff capacity and is not recommended in the 2026 calendar year.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Parks and Sustainability Plan

ITEM NO. 9.

Attachment 1
Recommended 2026 Parks and Sustainability Commission Work Plan

1. Commission will review Field Use policies and provide recommendations for staff consideration.

2. Commission will review Adopt-A-Planter Program policies and procedures and provide recommendations for staff consideration.

3. Commission will provide ongoing input regarding management of pickleball and tennis courts at La Rinconada and Blossom Hill Parks.

4. Commission to review staff recommendations regarding policy and ordinance updates regarding the use of e-bikes in parks and on trails and provide recommendations for staff consideration.

5. Commission to provide feedback and guidance on a potential work plan with third party trail maintenance managers.

6. Commission will support staff outreach efforts and provide technical guidance in support of the Urban Forest Management Plan.

ITEM NO. 9.

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: 02/17/2026
ITEM NO: 10
DATE: February 17, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve the 2026 Town Council Policy Committee Work Plan RECOMMENDATION: Approve the 2026 work plan recommended by the Town Council Policy Committee work plan.

FISCAL IMPACT:

No fiscal impact is associated with this item.

STRATEGIC PRIORITY:

This item does not directly address a Strategic Priority; however, it aligns with the Core Goal of Good Governance.

BACKGROUND:

The Council Policy Committee was established by the Town Council to serve in an advisory capacity on matters of policy. The Committee is responsible for reviewing, discussing, and making recommendations on policy-related topics referred by the Town Council or identified by the Committee for Council consideration.

Each year, the Committee develops a work plan to guide its activities and ensure an organized approach to policy review and development. Historically, the Committee developed its work plan independently. However, due to the time and resources needed to research and prepare policy materials, the Committee’s work plan is now presented to the Town Council for review and approval.

ITEM NO. 10.

PAGE 2 OF 3
SUBJECT: Approved the 2026 Wok Plan Recommended by the Town Council Policy Committee
DATE: February 17, 2026
DISCUSSION:

On January 27, 2026, the Town Council Policy Committee reviewed potential work plan policy items for 2026. The Committee discussed and prioritized these items based on workload impact, legal requirements, Council oversight responsibilities, and staff capacity.

The following policy topics were identified for inclusion in the 2026 Work Plan:

1. Public Records Request Policy
This item was identified by staff to establish a clear policy regarding Public Records Act compliance, roles and responsibilities, request handling practices, and compliance with state law.

2. Disruption of Audio/Video Service for Council Meetings Policy This item is required in compliance with SB 707. The Committee will review a policy to address meeting procedures in the event of an interruption of teleconferencing services.

This policy must be adopted by July 1, 2026.

3. Elected Officials Travel and Expense Policy
The Committee will review the existing travel and expense policy and opportunities for streamlining.

4. Artificial Intelligence (AI) Policy
The Committee will review principles for a policy on the Town’s use of artificial intelligence, with administrative implementation guidelines to be developed separately.

5. Practices for Minutes
The Committee will review the resolution related to action minutes.

6. Purchasing Policy Review
The Committee will review the Town’s purchasing policy to ensure alignment with state law and efficient procurement processes.

7. Use of Town Plan Documents
The Committee will review Town planning documents (e.g., the General Plan, DEI Plan, and similar policy plans) and how they guide policy decisions and operations.

8. General Discussion on How Council Policies Are Formulated The Committee will discuss a framework for Council policies, including what topics are appropriately addressed through Council policy versus administrative procedures.

Forwarding the recommended Work Plan to the Town Council promotes transparency, ensures alignment with Council direction, and allows for early public engagement in the policy development process. The recommended 2026 Council Policy Committee Work Plan is included as Attachment 1.

CONCLUSION:

The proposed 2026 Town Council Policy Committee Work Plan provides a structured and transparent framework for reviewing and developing key policy items in the coming year. The

ITEM NO. 10.

PAGE 3 OF 3
SUBJECT: Approved the 2026 Wok Plan Recommended by the Town Council Policy Committee
DATE: February 17, 2026
identified topics reflect legal requirements, operational considerations, and areas of Council oversight, while balancing staff capacity and workload. Approval of the Work Plan will allow the Committee to proceed in an organized manner and return to the Town Council with policy recommendations as appropriate throughout 2026. The Town Council may modify the Work Plan or approve it as presented. Council may also refer additional policy matters to the Committee as priorities evolve.

COORDINATION:

This report was coordinated with the offices of the Town Manager and Town Attorney.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. 2026 Town Council Policy Committee Work Plan

ITEM NO. 10.

ATTACHMENT 1
2026 Town Council Policy Committee Work Plan Items

1. Develop a Public Records Request Policy

2. Disruption of Audio/Video Service Policy for Council Meeting

3. Elected Officials Travel and Expense Policy

4. Artificial Intelligence (AI) Policy

5. Review of the current practices for minutes and records of meetings

6. Review Purchasing Policy

7. Review the Use of Town Plan Documents

8. Discussion on How Council Policies Are Formulated

ITEM NO. 10.

PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/17/2026
ITEM NO: 11
DATE: February 12, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Consider a Recommendation by the Planning Commission to Approve a Request to Modify Planned Development Ordinance 2281 to Allow for Two Lot Line Adjustments Between Three Properties and a Zone Change of a Portion of Land from HR-2½:PD to HR-1 on Properties Zoned HR-2½:PD and HR-1. Located at 16300 Greenridge Terrace, 16084 Greenridge Terrace, and 240 La Terra Court. APNs 527-12-003, 527-12-004, and 527-15-002. The Request for Modification of a Planned Development Ordinance is Not Considered a Project Pursuant to the California Environmental Quality Act (CEQA). The Request for a Lot Line Adjustment is Statutorily Exempt from CEQA as a Ministerial Approval in Accordance with Public Resources Code Section 21080(b)(1) (CEQA Statute) and CEQA Guidelines Section 15268. The Request for a Zone Change is Categorically Exempt Pursuant to CEQA Guidelines Section 15061(b)(3): Common Sense Exemption. Property Owners: 16300 Greenridge Terrace and 240 La Terra Court: Greenridge Terrace Development, LLC; and 16084 Greenridge Terrace: Richard Luu.

Applicant: Hanna Brunetti. Project Planner: Sean Mullin.

Ordinance Titles: An Ordinance of the Town Council of the Town of Los Gatos repealing and replacing Planned Development Ordinance 2281 establishing development standards and allowable uses for lots within the Planned Development Overlay zone for property located at 16100 Greenridge Terrace (APN: 527-12-002).

An Ordinance of the Town Council of the Town of Los Gatos amending the Zoning Code effecting a zone change from HR-2½:PD (Hillside Residential, two and one-half to 10 acres for each dwelling unit, Planned Development) to HR-1 (Hillside Residential, one to five acres for each dwelling unit) for a portion of property located at 16084 Greenridge Terrace.

ITEM NO. 11.

PAGE 2 OF 5
SUBJECT: 16300 and 16084 Greenridge Terrace and 240 La Terra Court/ PD-25-004, M-25-006, and Z-25-001
DATE: February 12, 2026
RECOMMENDATION: Accept the Planning Commission’s recommendation and introduce an Ordinance repealing and replacing Planned Development Ordinance 2281 to allow for two Lot Line Adjustments between three properties and a zone change on a portion of land from HR-2½:PD to HR-1; introduce an Ordinance effecting a zone change from HR-2½:PD to HR-1 for a portion of land; and adopt a Resolution approving two Lot Line Adjustments between three properties located at 16300 and 16084 Greenridge Terrace and 240 La Terra Court.

FISCAL IMPACT:

There is no fiscal impact associated with this action. Approving the amendment to Planned Development 2281, zone change, and Lot Line Adjustment applications would not in itself result in an impact on the Town’s budget.

STRATEGIC PRIORITY:

The modification to the Planned Development Overlay zone, Lot Line Adjustment, and zone change support the Town’s core goal of Community Character and the strategic priority to preserve the Town’s small-town charm and provide a range of housing opportunities and historic neighborhoods, while diligently maintaining and implementing the Housing Element.

BACKGROUND:

The three subject properties are located south of Blossom Hill Road (Attachment 1). Two properties are accessed from Blossom Hill Road via Greenridge Terrace: 16300 and 16084 Greenridge Terrace. The property located at 240 La Terra Court is accessed from the north side of La Terra Court. All three properties are undeveloped.

Planned Development (PD) Ordinance 2281 was adopted on April 16, 2019, and took effect on May 16, 2019 (Attachment 7, Exhibit 4). The PD Ordinance allowed for the following:

1. Subdivision of one lot into eight lots.

2. Construction of eight market rate single-family detached residences.

3. Landscaping, private streets, trails, parking, and other improvements shown and required on the Official Development Plans.

4. Dedication of trail easements to the Town of Los Gatos as shown on the Official Development Plans.

5. Uses permitted are those specified in the HR-2½ zone.

ITEM NO. 11.

PAGE 3 OF 5
SUBJECT: 16300 and 16084 Greenridge Terrace and 240 La Terra Court/ PD-25-004, M-25-006, and Z-25-001
DATE: February 12, 2026
The final subdivision map was recorded on May 6, 2021. Development of single-family residences is currently underway on several of the eight properties in the La Terra subdivision.

The subject properties at 16300 Greenridge Terrace and 240 La Terra Court are currently undeveloped.

The property located at 16084 Greenridge Terrace is not located in the La Terra subdivision and not subject to PD Ordinance 2281. This property is also undeveloped.

On January 14, 2026, the Planning Commission received the staff report and public comments on the proposed project and forwarded a recommendation of approval to the Town Council by unanimous vote (Attachments 7 and 8).

The Town Council serves as the final decision-making body for the planned development, zone change, and Lot Line Adjustment applications.

DISCUSSION:

A. Project Summary
The applicant provided a Project Description and Letter of Justification detailing their request to modify Planned Development Ordinance 2281 to allow for a Lot Line Adjustment and zone change on properties zoned HR-2½:PD and HR-1, located at 16300 Greenridge Terrace, 16084 Greenridge Terrace, and 240 La Terra Court (Attachment 7, Exhibits 5 and 6).

The proposed Lot Line Adjustment between 16084 and 16300 Greenridge Terrace would relocate the common property line to the south, adding approximately 0.28 acres to 16084 Greenridge Terrace Attachment 7, Exhibit 10). The portion of land being added to 16084 Greenridge Terrace, which is zoned HR-1, would be rezoned from HR-2½:PD to HR-1.

The proposed Lot Line Adjustment between 16300 Greenridge Terrace and 240 La Terra Court would reconfigure the existing common property line from its east-west configuration to an angled orientation that is more consistent with the contours of the hillside. This Lot Line Adjustment would add approximately 0.01 acres to 240 La Terra Court. All existing trail, scenic, and open space easements would remain.

B. Planning Commission
On January 14, 2026, the Planning Commission received the staff report and public comments on the proposed project and forwarded a recommendation of approval to the Town Council by unanimous vote (Attachments 7 and 8).

ITEM NO. 11.

PAGE 4 OF 5
SUBJECT: 16300 and 16084 Greenridge Terrace and 240 La Terra Court/ PD-25-004, M-25-006, and Z-25-001
DATE: February 12, 2026
PUBLIC COMMENTS:

Project signage was installed on the site, and written notice was sent to property owners and tenants located within 500 feet of the subject properties. Project signs were updated following the Planning Commission hearing dates to show the Town Council hearing date and time. At the time of publication of this report, no public comments were received.

CONCLUSION:

The applicant requests approval to modify Planned Development Ordinance 2281 to allow for two Lot Line Adjustments between three properties and a zone change on properties zoned HR2½:PD and HR-1, located at 16300 Greenridge Terrace, 16084 Greenridge Terrace, and 240 La Terra Court (Attachment 7, Exhibits 5 and 6). The proposed Lot Line Adjustment between 16084 and 16300 Greenridge Terrace would relocate the common property line to the south, adding approximately 0.28 acres to 16084 Greenridge Terrace. The portion of land being added to 16084 Greenridge Terrace, which is zoned HR-1, would be rezoned from HR-2½:PD to HR-1.

RECOMMENDATION:

Staff recommends that the Town Council take the following actions:

1. Make the required findings that: the request to modify a Planned Development Ordinance is not considered a project pursuant to the California Environmental Quality Act (CEQA); the request for a Lot Line Adjustment is Statutorily Exempt from CEQA as a ministerial approval in accordance with Public Resources Code Section 21080 (b)(1) (CEQA Statute) and CEQA Guidelines Section 15268; and the request for a zone change is exempt pursuant to CEQA Section 15061 (b)(3) (Attachment 2).

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

3. Make the required determinations for compliance with the Subdivision Map Act’s provisions regarding Lot Line Adjustments as set forth in Government Code Section 66412 (d) (Attachment 2);

4. Make the required finding that the proposed zone change is consistent with the General Plan and its Elements in that the proposed zoning is consistent with the existing General Plan Land Use designation (Attachment 2);

5. Make the finding that the project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) (Attachment 2); and

6. Introduce an Ordinance repealing and replacing Planned Development Ordinance 2281 (Attachment 4);

7. Introduce an Ordinance to effect the Zone Change (Attachment 5); and

ITEM NO. 11.

PAGE 5 OF 5
SUBJECT: 16300 and 16084 Greenridge Terrace and 240 La Terra Court/ PD-25-004, M-25-006, and Z-25-001
DATE: February 12, 2026

8. Adopt a Resolution approving Lot Line Adjustment application M-25-006 (Attachment 6).

A. Alternatives
Alternatively, the Town Council can:

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

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

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

COORDINATION:

This report was coordinated with the offices of the Town Manager and Town Attorney.

ENVIRONMENTAL ASSESSMENT:

The request to modify a planned development ordinance is not considered a project pursuant to the California Environmental Quality Act (CEQA). The request for a Lot Line Adjustment is Statutorily Exempt from CEQA as a ministerial approval in accordance with Public Resources Code Section 21080 (b)(1) (CEQA Statute) and CEQA Guidelines Section 15268. The request for a zone change is exempt pursuant to CEQA Section 15061 (b)(3). A Notice of Exemption will not be filed.

ATTACHMENTS:

1. Location Map

2. Required Findings

3. Draft Conditions of Approval

4. Draft Planned Development Ordinance

5. Draft Zone Change Ordinance, with Exhibit A

6. Draft Resolution for Approval of the Lot Line Adjustment

7. January 14, 2026, Planning Commission Staff Report, with Exhibits 1 through 10

8. January 14, 2026, Planning Commission Verbatim Minutes

ITEM NO. 11.

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Intentionally
Left Blank

ITEM NO. 11.

LARGA VISTA DR

SANTELLA DR

ROCK RIDGE RD

GREENRIDGE TE

SANTELLA CT
16300 Greenridge Terrace,
16084 Greenridge Terrace, and
240 La Terra Court
0 0.125 0.25
Miles
°
ATTACHMENT 1

ITEM NO. 11.

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Intentionally
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ITEM NO. 11.

TOWN COUNCIL – February 17, 2026

REQUIRED FINDINGS
16300 and 16084 Greenridge Terrace and 240 La Terra Court Planned Development Application PD-25-004
Lot Line Adjustment Application M-25-006
Zone Change Application Z-25-001.

Consider a Recommendation by the Planning Commission to Approve a Request to Modify Planned Development Ordinance 2281 to Allow for Two Lot Line Adjustments Between Three Properties and a Zone Change of a Portion of Land from HR-2½:PD to HR-1 on Properties Zoned HR-2½:PD and HR-1. Located at 16300 Greenridge Terrace, 16084 Greenridge Terrace, and 240 La Terra Court. APNs 527-12-003, 527- 12-004, and 527-15-002. The Request for Modification of a Planned Development Ordinance is Not Considered a Project Pursuant to the California Environmental Quality Act (CEQA). The Request for a Lot Line Adjustment is Statutorily Exempt from CEQA as a Ministerial Approval in Accordance with Public Resources Code Section 21080(b)(1) (CEQA Statute) and CEQA Guidelines Section 15268. The Request for a Zone Change is Categorically Exempt Pursuant to CEQA Guidelines Section 15061(b)(3): Common Sense Exemption.

Property Owners: 16300 Greenridge Terrace and 240 La Terra Court - Greenridge Terrace Development, LLC; 16084 Greenridge Terrace - Richard Luu.

Applicant: Hanna Brunetti.

FINDINGS:

Required finding for CEQA:
 The request to modify a planned development ordinance is not considered a project pursuant to the California Environmental Quality Act (CEQA). The request for a Lot Line Adjustment is Statutorily Exempt from CEQA as a ministerial approval in accordance with Public Resources Code Section 21080 (b)(1) (CEQA Statute) and CEQA Guidelines Section 15268. The request for a zone change is exempt pursuant to CEQA Section 15061 (b)(3).

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

1. The proposed PD amendment is consistent with Chapter 29, Article VIII, Division 2 of the Town Code in that it meets the purpose and intent of a Planned Development Overlay Zone;

2. The proposed PD amendment is in conformance with the goals, policies, and applicable land use designations and standards of the Town’s General Plan, including but not ATTACHMENT 2

ITEM NO. 11.
limited to Goals LU-1, LU-6, and CD-14, and Policies LU-6.1, LU-6.4, LU-6.5, CD-14.1, and CD-14.2;

3. The proposed PD amendment is in conformance with all other applicable provisions of the Town Code; and

4. The proposed amendment allows for a Lot Line Adjustment with the resulting lots with meeting the zoning requirements for size and remaining consistent with intent of the existing Planned Development Ordinance.

Required determinations for compliance with the Subdivision Map Act’s provisions regarding Lot Line Adjustments as set forth in Government Code Section 66412(d):

1. That the Lot Line Adjustment is between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created:

The Lot Line Adjustment is between three adjoining parcels. The land taken from one parcel is being added to the adjoining parcel, and three parcels will remain as a result.

2. That the parcels resulting from the Lot Line Adjustment will conform to the local general plan:

The Lot Line Adjustment is consistent with the existing goals and policies of the General Plan and its corresponding Elements, including but not limited to Goals LU-1, LU-6, and CD14, and Policies LU-6.1, LU-6.4, LU-6.5, CD-14.1, and CD-14.2

3. That the parcels resulting from the Lot Line Adjustment will conform to any applicable specific plans:

The parcels resulting from the Lot Line Adjustment will conform with the Hillside Specific Plan.

4. That the parcels resulting from the Lot Line Adjustment will conform to any applicable coastal plan:

The Town has no applicable coastal plan to which the Lot Line Adjustment must conform.

5. That the parcels resulting from the Lot Line Adjustment will conform to zoning and building ordinances.

The three parcels resulting from the Lot Line Adjustment will be in conformance with the Town’s Zoning and Building Ordinances.

Required findings that the zone change is consistent with the Town’s General Plan:
 That the proposed Zone Change is consistent with the General Plan and its Elements in that the proposed zoning is consistent with the existing General Plan Land Use designation.

ITEM NO. 11.

Required compliance with the Zoning Regulations:
 The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations).

ITEM NO. 11.

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ITEM NO. 11.

TOWN COUNCIL – February 17, 2026

CONDITIONS OF APPROVAL
16300 and 16084 Greenridge Terrace and 240 La Terra Court Planned Development Application PD-25-004
Lot Line Adjustment Application M-25-006
Zone Change Application Z-25-001.

Consider a Recommendation by the Planning Commission to Approve a Request to Modify Planned Development Ordinance 2281 to Allow for Two Lot Line Adjustments Between Three Properties and a Zone Change of a Portion of Land from HR-2½:PD to HR-1 on Properties Zoned HR-2½:PD and HR-1. Located at 16300 Greenridge Terrace, 16084 Greenridge Terrace, and 240 La Terra Court. APNs 527-12-003, 527- 12-004, and 527-15-002. The Request for Modification of a Planned Development Ordinance is Not Considered a Project Pursuant to the California Environmental Quality Act (CEQA). The Request for a Lot Line Adjustment is Statutorily Exempt from CEQA as a Ministerial Approval in Accordance with Public Resources Code Section 21080(b)(1) (CEQA Statute) and CEQA Guidelines Section 15268. The Request for a Zone Change is Categorically Exempt Pursuant to CEQA Guidelines Section 15061(b)(3): Common Sense Exemption.

Property Owners: 16300 Greenridge Terrace and 240 La Terra Court - Greenridge Terrace Development, LLC; 16084 Greenridge Terrace - Richard Luu.

Applicant: Hanna Brunetti.

TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:

Planning Division

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

2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section

29.20.320 of the Town Code, unless the approval has been vested.

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

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

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

6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations identified in the Arborist’s report for the project, on file in the Community Development Department. These recommendations must be incorporated in ATTACHMENT 3

ITEM NO. 11.
the building permit plans and completed prior to issuance of a building permit where applicable.

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

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

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

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

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

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

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

Engineering Division

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

13. GENERAL: The Owner, Applicant and/or Developer shall comply with all Town, County, State and Federal laws and regulations applicable to this land division. No other proposed development is included in this particular application of the Lot Line Adjustment. Issuance of a Lot Line Adjustment will acknowledge the Town’s acceptance of the parcel as legally

ITEM NO. 11.
created in accordance with the Subdivision Map Act. Any subsequent development will be required to demonstrate compliance with the Town Development Standards and Codes.

14. CERTIFICATE OF LOT LINE ADJUSTMENT: A Certificate of Lot Line Adjustment shall be recorded. Legal descriptions for each new lot configuration, a plat map (8-½ in. X 11 in.) and a legal description of the land to be exchanged shall be submitted to the Engineering Division of the Parks and Public Works Department for review and approval. The submittal shall include closure calculations, title reports for each parcel less than ninety (90) days old and the appropriate fee. The Town will prepare certificate upon approval and require its recordation prior to the issuance of any grading or building permits.

15. PRIVATE EASEMENTS: Agreements detailing rights, limitations and responsibilities of involved parties shall accompany any proposed private easement. Access driveway shall be within the recorded access easement. A new private access easement shall be recorded, and an electronic copy (PDF) of the recorded agreement shall be submitted to the Engineering Division of the Parks and Public Works Department, prior to recordation of the Lot Line Adjustment.

TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:

16. GENERAL: Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.

17. GENERAL: No Fire Department comments on lot line adjustment, all previous plan review comments and conditions of approval remain in effect.

18. GENERAL: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]

ITEM NO. 11.

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ITEM NO. 11.

ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING AND REPLACING PLANNED DEVELOPMENT ORDINANCE 2281

ESTABLISHING DEVELOPMENT STANDARDS AND ALLOWABLE USES FOR LOTS

WITHIN THE PLANNED DEVELOPMENT OVERLAY ZONE

FOR PROPERTY LOCATED AT
16100 GREENRIDGE TERRACE (APN: 527-12-002)
WHEREAS, the applicants propose to amend Planned Development Ordinance 2281 to allow for two Lot Line Adjustments between three properties and a zone change of a portion of land from HR-2½:PD to HR-1 on Properties Zoned HR-2½:PD and HR-1, located at 16300 Greenridge Terrace, 16084 Greenridge Terrace, and 240 La Terra Court; and WHEREAS, the performance standards of Planned Development Ordinance 2281 will remain in effect for all lots within this Planned Development Overlay Zone, with the added construction and use of improvements in Section III below; and WHEREAS, the Planning Commission recommended approval of the modification to Planned Development amendment at its regularly noticed public hearing on January 14, 2026, finding that the amendment meets the purpose and intent of a Planned Development Overlay Zone, is in conformance with the Town’s General Plan, is in conformance with all applicable provisions of the Town Code, and that the amendment allows for a Lot Line Adjustment with the resulting lots meeting the zoning requirements for size and remaining consistent with intent of the existing Planned Development Ordinance; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on February 17, 2026; and WHEREAS, the Town Council accepted the report of the Planning Commission’s recommendation of approval of the Planned Development amendment; and WHEREAS, the Town Council considered all facts and information related to the request to amend Planned Development Ordinance 2281 to allow for two Lot Line Adjustments between three properties and a zone change of a portion of land from HR-2½:PD to HR-1 on Properties Zoned HR-2½:PD and HR-1, located at 16300 Greenridge Terrace, 16084 Greenridge Terrace, Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction

ITEM NO. 11.

and 240 La Terra Court (Santa Clara County Assessor Parcel Numbers APNs 527-12-003, 527-12- 004, and 527-15-002.) as shown on Exhibit A.

WHEREAS, the Town Council approves Planned Development application PD-25-004 to repeal and replace Planned Development Ordinance 2281 clarifying development standards, allowable uses, and performance standards for this Planned Development Overlay Zone.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I. Legislative Findings.

1. With regard to CEQA, the request to modify Planned Development Ordinance 2281 is not considered a project pursuant to the California Environmental Quality Act (CEQA).

2. With regard to required compliance with the Town Code, as required by Section 29.80.095 of the Town Code for granting a Planned Development Overlay Zone, the proposed amendment:

A. Is consistent with Chapter 29, Article VIII, Division 2 of the Town Code in that it meets the purpose and intent of a Planned Development Overlay Zone; B. Conforms with the goals, policies, and applicable land use designations and standards of the Town’s General Plan, including but not limited to Goals LU-1, LU-6, and CD-14, and Policies LU-6.1, LU-6.4, LU-6.5, CD-14.1, and CD-14.2;
C. Conforms with all other applicable provisions of the Town Code,; and D. Allows for a Lot Line Adjustment with the resulting lots with meeting the zoning requirements for size and remaining consistent with intent of the existing Planned Development Ordinance.

SECTION II. Planned Development Overlay Zone.

The Town Code of the Town of Los Gatos is hereby amended to change the zoning on property located at 16100 Greenridge Terrace (Santa Clara County Assessor Parcel Number 527-12-002) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from HR-2½ (Hillside Residential, two and one-half to 10 acres for each dwelling unit) to HR2½:PD (Hillside Residential, two and one-half to 10 acres for each dwelling unit, Planned

ITEM NO. 11.

Development). Ordinance number 2281, passed and adopted by the Town Council of Los Gatos on April 16, 2019, is hereby repealed and replaced with this Ordinance.

SECTION III. Uses and Improvements Authorized.

The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements:

1. Subdivision of one lot into eight lots.

2. Construction of eight market rate single-family detached residences.

3. Landscaping, private streets, trails, parking and other improvements shown and required on the Official Development Plans.

4. Dedication of trail easements to the Town of Los Gatos as shown on the Official Development Plans.

5. Uses permitted are those specified in the HR-2½ (Hillside Residential, two and half to 10 acres for each dwelling unit) zone by Sections 29.40.235 (Permitted Uses), as it exists at the time of the adoption of this Ordinance, or as they may be amended in the future.

6. As provided in Exhibit C and approved by the Town Council under Lot Line Adjustment application M-25-006, adjustment of the common lot line between Lot 1 (16300 Greenridge Terrace) and Lot 2 (240 La Terra Court); and adjustment of the common lot line between Lot 1 (16300 Greenridge Terrace) and 16084 Greenridge Terrace.

SECTION IV. Compliance with Other Development Standards.

All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise.

SECTION V. Tentative Subdivision Map and Architecture and Site Approvals Required.

A Tentative Subdivision Map and Architecture and Site Approvals are required before construction of subdivision improvements or new residences, whether or not a permit is required for the work and before any permit for construction is issued. Construction permits shall only be in a manner complying with Section 29.80.130 (PD Ordinance) of the Town Code.

SECTION VI. Official Development Plans.

The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the

ITEM NO. 11.

Official Development Plan. The following performance standards must be complied with before issuance of any grading, or construction permits (mitigation measures are so noted and are flagged with an asterisk):

TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:

Planning Division

1. OFFICIAL DEVELOPMENT PLANS: The Official Development Plans provided are conceptual in nature. Final building footprints and building designs shall be determined during the Architecture and Site approval process. Colors and building materials shown on the Official Development Plans are not approved and shall be reviewed during the Architecture and Site application approval process.

2. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney.

3. SUBDIVISION REQUIRED: A Tentative Map application shall be approved for the project prior to the issuance of building permits. The Development Review Committee may be the deciding body of the Tentative Map.

4. ARCHITECTURE AND SITE APPROVAL REQUIRED: A separate Architecture and Site (A&S) application and approval is required for each of the new residences. The Architecture and Site applications shall be reviewed by the Development Review Committee.

Architectural details, including fencing and a project entry sign, shall be refined as part of this process with input from the Town’s Consulting Architect.

5. FINAL LANDSCAPE PLAN: A final landscape plan shall be reviewed by the Town’s Consulting Landscape Architect and approved as part of the Architecture and Site process. Minimum tree size at time of planting shall be 24-inch box.

6. WATER CONSERVATION ORDINANCE REQUIREMENT: The proposed landscaping shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review prior to the issuance of a building permit.

7. SETBACKS: The minimum setbacks are those specified by the HR-2½ zoning district or as otherwise shown on the Conceptual Development Plans.

ITEM NO. 11.

8. FENCING: Fencing shall comply with the Town Code and Hillside Development Standards and Guidelines in place at the time of approval. Fence locations, design, and materials shall be reviewed and approved during the Architecture and Site review(s). The CC&R’s for the project shall include a restriction prohibiting the home owners from replacing the fence type approved during the Architecture and Site review(s) without prior approval from the Town. The CC&R’s shall prohibit fencing within the open space easement.

9. BUILDING HEIGHT: The maximum height of the new residences shall be the maximum height listed in the Hillside Development Standards and Guidelines. The maximum height of the new residences on lots 3, 4, 5, and 8 shall be limited to 18 feet due to visibility concerns.

10. BUILDING FLOOR AREA: The maximum floor area of the new residences shall be the maximum floor area listed in the Hillside Development Standards and Guidelines.

11. GRADING: Depths of cut and fill for the roadway and site improvements shall not exceed the maximums shown in the Official Development Plans (Exhibit B).

12. OUTDOOR LIGHTING: All exterior building and outdoor lighting shall be shielded and directed away from neighboring properties, to shine on the project site only. Lighting shall be the minimum needed for pedestrian safety and security. Lighting specifications shall be reviewed as part of the Architecture and Site process.

13. EXTERIOR COLORS: The exterior colors of all structures shall comply with the Hillside Development Standards and Guidelines.

14. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder’s Office that requires all exterior materials be maintained in conformance with the Town’s Hillside Development Standards and Guidelines.

15. BELOW MARKET PRICE (BMP) IN-LIEU FEE: A Below Market Price (BMP) in-lieu fee shall be paid by the property owner/developer pursuant to Town Code Section 29.10.3025 and any applicable Town Resolutions. The fee amount shall be based upon the Town Council fee resolution in effect at the time a final or vesting tentative map is approved.

16. PROJECT CC&R’s. CC&R’s shall be provided with the Tentative Map application and shall address the following:
a. Maintenance of private roadway
b. Maintenance of landscaping adjacent to the private road c. Maintenance of storm drain system
d. Maintenance of public open space
e. Maintenance of public trail

ITEM NO. 11.

f. Landscape guidelines (shall be compliant with the Hillside Development Standards and Guidelines, EIR, and safe fire protocol).

17. FINAL CC&R’s: Final CC&R’s shall be approved by the Town Attorney prior to the recording of the Final Map. The CC&R’s shall include provisions for traffic circulation, vehicle parking enforcement procedures, and landscaping, exterior lighting and fencing restrictions. The approved CC&R’s shall become conditions of this Ordinance.

18. TREE PRESERVATION: All recommendations of the Town’s Consulting Arborist shall be followed. Refer to the report and addendum report prepared by Richard Gessner, dated June 30, 2017 and June 20, 2018 for additional details. The Arborist Consultant shall reevaluate the plans for the new residences during Architecture and Site review.

19. TREE REMOVAL: Tree removal shall be limited to the scope of this PD and future approvals as follows:

Planned
Development
No tree removal.

Subdivision Tree removal limited to that required for site improvements related to installation of the roadway and shared driveway; installation of utilities; and construction of retaining walls for the roadway and shared driveway.

Architecture and Site Tree removal required for construction of each single-family home and improvements.

20. DEED RESTRICTION: Prior to the issuance of building permits for each single-family residential development, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder’s Office that identifies the on-site trees that were used to provide screening in the visibility analyses conducted under each Architecture and Site application and requires replacement screening in conformance with the Town’s Hillside Development Standards and Guidelines and/or the Tree Protection Ordinance if the trees die or are removed.

21. MAINTENANCE AGREEMENT: Prior to the issuance of building permits for each singlefamily residential development, a five-year maintenance agreement shall be submitted for the preservation of the on-site trees that were used to provide screening in the visibility analyses conducted under each Architecture and Site application.

22. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for trees approved for removal prior to the issuance of demolition or grading permits.

23. REPLACEMENT TREES: New trees shall be planted to mitigate the loss of trees being

ITEM NO. 11.

removed. The number of trees shall be determined using the canopy replacement table in the Tree Protection Ordinance. New trees shall be double staked and shall be planted prior to final inspection and issuance of occupancy permits.

24. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees and shall remain through all phases of construction. Refer to the report and addendum report prepared by Richard Gessner, dated June 30, 2017 and June 20, 2018 for requirements. Fencing shall be six-foot high cyclone attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans.

25. FINAL UTILITY LOCATIONS: The applicant shall submit plans showing the final locations and screening of all exterior utilities, including but not limited to, backflow preventers, Fire Department connections, transformers, utility boxes and utility meters. Utility devices shall be screened to the satisfaction of the Director of Community Development. The plans shall be submitted for review and approval prior to issuance of building permits for new construction.

26. PLAN INCONSISTENCY: Any inconsistencies between sheets shall be limited to whichever is more restrictive.

27. GENERAL PROVISIONS: This Planned Development shall comply with provisions in Town Code Sections 29.40.015 through 29.40.070, and Article V, unless more restrictive provisions are required in other performance standards for the subject Planned Development.

28. SCENIC EASEMENTS: Scenic easements shall be dedicated on the parcel map by separate instrument across portions of lots 1, 2, 3, and 5 connecting the area to be dedicated as open space on the north portions of lots 1 and 5 to the south property lines of lots 2 and

3. Easement language shall indicate that such land shall not be encroached into with fences, structures, landscaping, or improvements of any kind, and no work shall be performed within the Scenic Easement, including clearing, other than for wildland fire fuel management or weed abatement. Any and all maintenance within the scenic easements shall be the sole responsibility of the property owner.

29. *AIR QUALITY MITIGATION MEASURE AQ-1: The project contractor for subdivision improvements and residential lot development shall implement basic dust control measures at all on-site and off-site locations where grading or excavation takes place.

The project contractor shall implement additional dust control measures at all on-site and off-site locations where grading or excavation takes place within 200 feet of residential properties.

Basic dust control measures:

ITEM NO. 11.

a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered;
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads shall be limited to 15 mph; e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; and
f. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The air district’s phone number shall also be visible to ensure compliance with applicable regulations. g. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph;
h. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established; and
i. Unpaved roads shall be treated with a three to six-inch compacted layer of wood chips, mulch, or gravel.

30. *BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-1: Focused plant surveys were conducted in spring 2018; if project development occurs more than five years after spring 2018, the surveys shall be repeated per below. To protect potentially occurring special-status plants, the presence/absence of fragrant fritillary, Hall's bush-mallow, Loma Prieta hoita, western leatherwood, and woodland woollythreads shall be determined within the development footprint and fire defensible space. A qualified biologist shall conduct focused botanical surveys for these five-target species in accordance with current California Department of Fish and Wildlife and California Native Plant Society rare plant survey protocols. Surveys shall occur during overlapping blooming periods for the target species (likely March and June). If the surveys conclude that the species are not present, no further mitigation is required. If any special-status plant species is present within the development footprint and fire defensible space, to compensate for loss or reduction of a special-status plant population, the project proponent shall retain a qualified biologist or native plant specialist to collect seed from