Los Gatos City Council
May 19, 2026

ITEM NO. 6.

Store materials under cover
Wet and dry building materials with
the potential to pollute runoff should
be stored under cover and/or
surrounded by berms when rain is
forecast or during wet weather.
❏ Store stockpiled materials and
wastes under a temporary roof or
secured plastic sheeting or tarp.
❏ Berm around storage areas to
prevent contact with runoff.
❏ Plaster or other powders can create
large quantities of suspended solids
in runoff, which may be toxic to
aquatic life and cause serious
environmental harm even if the
materials are inert. Store all such
potentially polluting dry materials
—especially open bags— under a
temporary roof or inside a
building, or cover securely with an impermeable
tarp. By properly storing dry materials, you may
also help protect air quality, as well as water quality. ❏ Store containers of paints, chemicals, solvents, and
other hazardous materials in accordance with
secondary containment regulations and under
cover during rainy periods.

Cover and maintain dumpsters
Open and/or leaking dumpsters can be a source of
stormwater pollution.
❏ Cover open dumpsters with plastic sheeting or a
tarp. Secure the sheeting or tarp around the
outside of the dumpster. If your dumpster has a
cover, close it.
❏ If a dumpster is leaking, contain and collect leaking material. Return the dumpster to the leasing
company for repair/exchange.
❏ Do not clean dumpsters on-site. Return to leasing
company for periodic cleaning, if necessary.

Collect and properly dispose of paint
removal wastes
Paint removal wastes include chemical paint stripping
residues, paint chips and dust, sand blasting material
and wash water. These wastes contain chemicals that
are harmful to the wildlife in our creeks and the water bodies they flow to. Keep all paint wastes away from
the gutter, street, and storm drains.
❏ Non-hazardous paint chips and dust from dry
stripping and sand blasting may be swept up or
collected in plastic drop cloths and disposed of as
trash. Chemical paint stripping residue and chips
and dust from marine paints or paints containing
lead or tributyl tin must be disposed of as a
hazardous waste.
❏ When stripping or cleaning building exteriors with
high-pressure water, cover or berm storm drain
inlets. If possible (and allowed by your local wastewater treatment plant), collect (mop or vacuum) building cleaning water and discharge to the sanitary sewer. Alternatively, discharge non-contaminated wash water onto a dirt area and spade into the soil. Be sure to shovel or sweep up any debris
that remains in the gutter and dispose of as garbage.

Clean up paints, solvents, adhesives, and
cleaning solutions properly
Although many paint materials can and should be recycled, liquid residues from paints, thinners, solvents, glues, and cleaning fluids are hazardous wastes. When
7 Store building materials under cover. Make sure dumpsters are properly covered to keep out rain.

Best Management Practices

ITEM NO. 6.
they are thoroughly dry, empty paint cans, used brushes, rags, absorbent materials, and drop cloths are no
longer hazardous and may be disposed of as garbage.
❏ Never clean brushes or rinse paint containers into
a street, gutter, storm drain, or creek.
❏ For water-based paints, paint out brushes to the
extent possible and rinse to a drain leading to the
sanitary sewer (i.e., indoor plumbing).
❏ For oil-based paints, paint out brushes to the extent possible, and filter and reuse thinners and solvents.

Dispose of unusable thinners and residue as
hazardous waste.
❏ Recycle, return to supplier or donate unwanted
water-based (latex) paint. You may be able to recycle clean empty dry paint cans as metal (check with the local planning or building department for more
information).
❏ Dried latex paint may be disposed of in the garbage.
❏ Unwanted paint (that is not recycled), thinners, and
sludges must be disposed of as hazardous waste.
❏ More and more paint companies are recycling
excess latex paint (check with the local planning or
building department for more information).

Keep fresh concrete and cement mortars out
of gutters, storm drains, and creeks
Concrete and cement-related mortars that wash into
gutters and storm drains are toxic to fish and the
aquatic environment.
❏ Locate mortar/stucco mixers inside bermed areas
to avoid discharge to street or storm drains.
❏ Avoid mixing excess amounts of fresh concrete or
cement mortar.
❏ Store dry and wet materials under cover, protected
from rainfall and runoff.
❏ Wash out concrete transit mixers only in designated
wash-out areas where the water will flow into
settling ponds or onto dirt or stockpiles of aggregate base or sand. Pump water from settling ponds to the sanitary sewer, where allowed. Whenever
possible, recycle washout by pumping back into
mixers for reuse. Never dispose of washout into the
street, storm drains, drainage ditches, or creeks.
❏ Whenever possible, return contents of mixer barrel
to the yard for recycling. Dispose of small amounts
of excess concrete, grout, and mortar in the trash.

Service and maintain portable toilets
Leaking portable toilets are a potential health and
environmental hazard.
❏ Inspect portable toilets for leaks.
❏ Be sure the leasing company adequately maintains,
promptly repairs, and replaces units as needed.
❏ The leasing company must have a permit to
dispose of waste to the sanitary sewer.
❏ Do not place on or near storm drain inlets.

Dispose of cleared vegetation properly
Cleared vegetation, tree trimmings, and other plant
material can cause environmental damage if it gets
into creeks. Such “organic” material requires large
quantities of oxygen to decompose, which reduces the
oxygen available for fish and other aquatic life.
❏ Do not dispose of plant material in a creek or
drainage facility or leave it in a roadway where it
can clog storm drain inlets.
❏ Avoid disposal of plant material in trash dumpsters
or mixing it with other wastes. Compost plant
material or take it to a landfill or other facility that composts yard waste (check with the local planning
or building department for more information).
8 Best Management Practices
Recycle yard waste and tree prunings at a landfill that chips and composts plant material.

ITEM NO. 6.

Make sure all demolition waste is properly
disposed of
Demolition debris that is left in the street or pushed
over a bank into a creek bed or drainage facility causes serious problems for flood control, storm drain
maintenance, and the health of our environment.

Different types of materials have different disposal
requirements or recycling options.
❏ Materials that can be recycled from demolition
projects include: metal framing, wood, concrete,
asphalt, and plate glass.
❏ Materials that can be salvaged for reuse from old
structures include: doors, banisters, floorboards,
windows, 2x4s, and other old, dense lumber.
❏ Unusable, unrecycleable debris should be confined
to dumpsters, covered at night and during wet
weather, and taken to a landfill for disposal.
❏ Hazardous debris such as asbestos must be
handled in accordance with specific laws and
regulations and disposed of as a hazardous waste.

For more information of asbestos handling and
disposal regulations, contact the Bay Area Air
Quality Management District.
❏ Arrange for an adequate debris disposal schedule
to ensure that dumpsters do not overflow.
❏ Most local planning or building departments have
lists of recycling and disposal services for
construction and demolition debris.

Plan roadwork and pavement construction
to avoid stormwater pollution
Road paving, surfacing, and asphalt removal happen
right in the street, with numerous opportunities for
stormwater pollution from the asphalt mix, saw-cut
slurry, or excavated material. Properly proportioned
asphalt mix and well-compacted pavement avoid a host
of water pollution problems.
❏ Apply concrete, asphalt, and seal coat during dry
weather to prevent contaminants from contacting
stormwater runoff.
❏ Cover storm drain inlets and manholes when paving or applying seal coat, slurry seal, fog seal, etc. ❏ Always park paving machines over drip pans or
absorbent materials, since they tend to drip
continuously.
❏ When making saw-cuts in pavement, use as little
water as possible. Cover each catch basin completely with filter fabric during the sawing operation and contain the slurry by placing sand/gravel bags around the catch basin. After the liquid drains
or evaporates, shovel or vacuum the slurry residue
from the pavement or gutter and remove from site.
❏ Wash down exposed aggregate concrete only when
the wash water can: (1) flow onto a dirt area; (2)
drain onto a bermed surface from which it can be
pumped and disposed of properly; or (3) be vacuumed from a catchment created by blocking a storm drain inlet. If necessary, divert runoff with
temporary berms. Make sure runoff does not reach
gutters or storm drains.
❏ Allow aggregate rinse to settle, and pump the water
to the sanitary sewer if allowed by your local
wastewater authority.
❏ Never wash sweepings from exposed aggregate concrete into a street or storm drain. Collect and return to aggregate base stockpile, or dispose with trash.
❏ Recycle broken concrete and asphalt (check with
the local planning or building department for more
information).

Roadwork and Pavement
Construction
9 Demolition Waste Management

ITEM NO. 6.

Look for ponded stormwater, groundwater,
and/or soil contamination
Ponded stormwater, groundwater and soil may become
contaminated if exposed to hazardous materials. If any
of the following conditions apply, contaminated ponded
stormwater, groundwater, and/or soil may be present
and pose a potential health and environmental hazard:
❏ The project site is in an area of previous
commercial/industrial activity;
❏ There is a history of illegal dumping on the site or
adjacent properties;
❏ The construction site is subject to a Superfund,
state, or local cleanup order;
❏ Ponded stormwater, groundwater and/or water
generated by dewatering exhibits an oily-sheen
and/or smells of petroleum;
❏ Soil appears discolored, smells of petroleum
and/or exhibits other unusual properties;
❏ Abandoned underground storage tanks, drums,
or other buried debris are encountered during
construction activities; or
❏ Spills have occurred on the site or adjacent
properties involving pesticides and herbicides;
fertilizers; detergents; plaster and other products;
petroleum products such as fuel, oil, and grease;
or other hazardous chemicals such as acids, lime,
glues, paints, solvents, and curing compounds.

Take appropriate action
Ponded stormwater, groundwater, or water generated
by dewatering that is contaminated cannot be discharged to a street, gutter, or storm drain. If contamination is suspected, the water should be contained and held for testing. Call the appropriate local agency
and/or the Regional Water Quality Control Board for
further guidance (See reference list on the back cover
of this booklet for more information).
10 Remember: The property owner and the contractor share ultimate responsibility for the activities that occur on a construction site.

You may be held responsible for any environmental damage caused by your subcontractors or employees.

Contaminated Ponded Stormwater, Groundwater,
and Soil Guidance

ITEM NO. 6.

Storm water quality
management programs
Alameda Countywide Clean
Water Program
951 Turner Court, Hayward, CA 94545
(510) 670-5543
www.cleanwaterprogram.com
Contra Costa Clean Water Program
255 Glacier Drive, Martinez, CA
94553-4897 (925) 313-2392
(800) NO DUMPING
www.cccleanwater.org
Fairfield-Suisun Urban Runoff
Management Program
1010 Chadbourne Road
Fairfield, CA 94534 (707) 429-8930
Marin County Stormwater Pollution
Prevention Program
3501 Civic Center Drive, Room 304,
San Rafael, CA 94903 (415) 499-6528
www.mcstoppp.org
San Francisco Stormwater
Management Program
3801 3rd Street, Suite 600
San Francisco, CA 94124 (415) 695-7310
http://stormwater.sfwater.org
San Mateo Countywide Stormwater
Pollution Prevention Program
555 County Center, Fifth Floor
Redwood City, CA 94063
(650) 363-4305
www.flowstobay.org
Santa Clara Valley Urban Runoff
Pollution Prevention Program
699 Town & Country Village
Sunnyvale, CA 94086 (800) 794-2482
www.scvurppp.org
Sonoma County Water Agency
2150 West College Avenue
Santa Rosa, CA 95401
(707) 526-5370
www.scwa.org
Vallejo Sanitation and Flood
Control District
450 Ryder Street, Vallejo, CA 94590
(707) 644-8949
www.vsfcd.com
Bay Area Stormwater Management
Agencies Association (BASMAA)
1515 Clay Street, Suite 1400,
Oakland, CA 94612 (510) 622-2326
(888)BayWise www.basmaa.org
Agencies to call
in the event of a spill
You are required by law to report all
significant releases or suspected
significant releases of hazardous
materials, including oil.

To report a spill, call the following
agencies:

1. Dial 911 or your local emergency
response number.

2. Call the Governor’s Office of
Emergency Services Warning Center,
(800) 852-7550 (24 hours).

For spills of “Federal Reportable
Quantities” of oil, chemicals, or other
hazardous materials to land, air, or
water, notify the National Response
Center (800-424-8802). If you are not
sure whether the spill is of a
“reportable quantity,” call the federal
Environmental Protection Agency
(800) 424-9340 for clarification.

For further information, see California
Hazardous Material Spill/ Release
Notification Guidance
(State Office of Emergency Services,
Hazardous Materials Division).

Agencies to call if you find
or suspect contaminated
soil or groundwater
Regional Water Quality
Control Board:

San Francisco Bay Region
(510) 622-2300
Central Valley Region
(916) 255-3000
California Environmental Protection
Agency (Cal EPA), Department of
Toxic Substances Control (DTSC)
(510) 540-3732
Documents and available
resources
From State Water Resources
Control Board (SWRCB)
(916) 341-5537
www.swrcb.ca.gov
General Construction Activity Storm
Water Permit
From Friends of the
San Francisco Estuary
(510) 622-2465
www.abag.ca.gov/bayarea/sfep
Field Manual
Guidelines for Construction Projects
Hold On to Your Dirt – Video
Keep it Clean – Video
From Association of Bay Area
Governments (ABAG)
(510) 464-7900
www.abag.ca.gov
Manual of Standards for Erosion and
Sediment Control Measures
From Cal EPA, DTSC
(916) 322-3670
www.dtsc.ca.gov
Waste Minimization for the Building
Construction Industry - Fact Sheet
From California Stormwater
Quality Association (CASQA)
www.cabmphandooks.com
Stormwater Best Management Practice
Handbook – Construction
THANKS
BASMAA adapted this booklet from
one originally developed and
generously shared by the Santa Clara
Valley Nonpoint Source Pollution
Control Program.

Illustrations by John Finger
Pollution Control Agencies and Sources of Information

ITEM NO. 6.

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ITEM NO. 6.

AGREEMENT FOR PROFESSIONAL SERVICES

Agreement for Professional Services
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Materials Testing for 2026 Annual Street Repair and Resurfacing

PREAMBLE
THIS AGREEMENT is by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Ninyo & Moore Geotechnical & Environmental Sciences Consultants (“Consultant”), a Corporation whose address is 5710 Ruffin Road, San Diego, CA 92123. This Agreement is made with reference to the following facts.

I. RECITALS
A. Town desires to engage Consultant to provide materials testing services for the 2026 Annual Street Repair and Resurfacing Project
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 Thursday, December 31, 2026.

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 as required in 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 4

ITEM NO. 6.

Agreement for Professional Services
Ninyo & Moore Geotechnical & Environmental Sciences Consultants F. Compensation: Compensation for Consultant's professional services shall not exceed $27,290.00 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

ITEM NO. 6.

Agreement for Professional Services
Ninyo & Moore Geotechnical & Environmental Sciences Consultants performance of this Agreement. If after employment of a person Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

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.

ITEM NO. 6.

Agreement for Professional Services
Ninyo & Moore Geotechnical & Environmental Sciences Consultants

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 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. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation.

The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties. In the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw. The cost of mediation shall be borne equally by the parties.

Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

D. 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

ITEM NO. 6.

Agreement for Professional Services
Ninyo & Moore Geotechnical & Environmental Sciences Consultants 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.

E. 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.

F. 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
Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road, San Diego, CA 92123
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

G. 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.

H. 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 - Ninyo and Moore Proposal

ITEM NO. 6.

Agreement for Professional Services
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page 264 ITEM NO. 6.

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

TOWN OF LOS GATOS: CONSULTANT: NINYO & MOORE GEOTECHNICAL &

ENVIRONMENTAL SCIENCES
**signature_110875**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_110875**

DATE SIGNED
**signature_110876**

SIGNATURE
Lothus Hennefer

ENTER CONSULTANT SIGNATORY'S NAME
Principal/Construction Services

ENTER CONSULTANT SIGNATORY'S TITLE
**date_signed_110876**

DATE SIGNED
Approved as to form:
**signature_110878**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_110878**

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

ITEM NO. 6.

Exhibits List
A - Ninyo and Moore Proposal

ITEM NO. 6.

Exhibit A
Ninyo and Moore Proposal

ITEM NO. 6.

NINYO & MOORE, A SOCOTEC COMPANY
2149 O’Toole Avenue, Suite 30 | San Jose, California 95131 | p. 408.435.9000 | www.ninyoandmoore.com April 2, 2026
Proposal No. 08SJO06-03695
Ms. Janice Chin
Town of Los Gatos
41 Miles Avenue
Los Gatos, California 95030
Subject: Proposal for Materials Testing Services
2026 Annual Street Repair and Resurfacing Project
Various Locations, Los Gatos, California
Project No.: 25-811-9901
Dear Ms. Chin:

In accordance with your request, we are pleased to submit this cost proposal for materials testing services for the 2026 Annual Street Repair and Resurfacing Project in Los Gatos, California. This proposal includes cost estimates based on our review of the project plans and our previous experience with similar projects.

PROPOSED SCOPE OF WORK
Based on our understanding of the proposed construction and our experience with similar projects, we propose to provide the following scope of services:

Materials Testing
 Provide technical consultation during construction including submittal review and respond to requests for information.
 Sampling of hot mix asphalt, slurry emulsion seal coat, asphalt rubber binder and chip aggregate from the job site and batch plant and transportation to our laboratory for testing.  Conformance testing of aggregate base material including sieve analysis (CT 202), Sand Equivalent (CT 217), Cleanness Value (CT 227), Durability Index (CT 229) and Crushed Particles (CT 205) tests in the laboratory.
 Conformance testing of aggregate base material including Los Angeles Abrasion, Flat Elongated Particle (D 4791) and Fine Aggregate Angularity (CT 234) tests in the laboratory.  Conformance testing of asphalt concrete material including Film Stripping (CT 302) tests in the laboratory.

ITEM NO. 6.

NINYO & MOORE, A SOCOTEC COMPANY
Various Locations, Los Gatos, California | 08SJO06-03695 | April 2, 2026  Screening of spread rate for slurry emulsion seal coat and asphalt rubber binder in accordance with CT339.

Project Management
 Provide project management to include client liaison, work scheduling, quality review, and distribution of test data and daily field inspection reports.  Preparation of daily field reports documenting items inspected.

ESTIMATED FEE
We propose to perform the scope of services described above, subject to the listed assumptions, on a time-and-materials basis in accordance with the attached Schedule of Fees.

Our fee estimate for the scope of services described for this project is $27,290. Our detailed estimate of fees is attached (Table 1). Should the construction schedule require a lesser or greater amount of services than that estimated herein, the cost will vary accordingly.

We sincerely appreciate the opportunity to submit this proposal and look forward to working with you on this project.

Respectfully submitted,

NINYO & MOORE
Francis Thummasit
Senior Project Manager
Lothus Hennefer, P.E.

Construction Services Manager
FST/LMH/rk
Attachments: Table 1 - Breakdown of Estimated Fee
Schedule of Fees

ITEM NO. 6.

Senior Technician Sampling and Compaction Testing of Subgrade Soils and Aggregate Base 110 hours @ 135.00 $ /hour 14,850.00 $ Laboratory Testing Gradation (CT 382) 2 tests @ 260.00 $ /test 520.00 $ Laboratory Testing Sand Equivalent (CT 217) 2 tests @ 155.00 $ /test 310.00 $ Laboratory Testing Moisture Content (CT 370) 2 tests @ 105.00 $ /test 210.00 $ Laboratory Testing Crushed Particles (CT 205) 2 tests @ 180.00 $ /test 360.00 $ Laboratory Testing Los Angeles Abrasion 2 tests @ 220.00 $ /test 440.00 $ Laboratory Testing Flat and Elongated Particle (D 4791) 2 tests @ 230.00 $ /test 460.00 $ Laboratory Testing Cleanness Value (CT 227) 2 tests @ 190.00 $ /test 380.00 $ Laboratory Testing Fine Aggregate Angularity (CT 234) 2 tests @ 180.00 $ /test 360.00 $ Laboratory Testing Durability Index (CT 229) 2 tests @ 205.00 $ /test 410.00 $ Laboratory Testing Sieve Analysis (CT 202) 2 tests @ 175.00 $ /test 350.00 $ Laboratory Testing Film Stripping (CT 302) 2 tests @ 130.00 $ /test 260.00 $ Laboratory Testing Hveem Stability and Unit Weight 2 tests @ 240.00 $ /test 480.00 $ Subtotal 19,390.00 $
Other Charges
Equipment 110 hours @ 15.00 $ /hour 1,650.00 $
Vehicle 110 hours @ 15.00 $ /hour 1,650.00 $
Subtotal 3,300.00 $
Geo/Project Assistant Dispatch 8 hours @ 120.00 $ /hour 960.00 $ Senior Project Engineer/Manager Meetings, Project Coordination and Progress Reports 12 hours @ 220.00 $ /hour 2,640.00 $ Principal Engineer Project Oversight and Consultation 4 hours @ 250.00 $ /hour 1,000.00 $ Subtotal 4,600.00 $
TOTAL ESTIMATED FEE $27,290.00
Table 1 - Breakdown of Estimated Fee
Compaction Testing

NINYO & MOORE, A SOCOTEC COMPANY
Various Locations, Los Gatos, California | 08SJO06-03695 | April 2, 2026 1

ITEM NO. 6.

CA16 PW
Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist................................................$ 250 Senior Engineer/Geologist/Environmental Scientist .................................................................................................$ 235 Senior Project Engineer/Geologist/Environmental Scientist.....................................................................................$ 220 Project Engineer/Geologist/Environmental Scientist.................................................................................................$ 210 Senior Staff Engineer/Geologist/Environmental Scientist.........................................................................................$ 200 Staff Engineer/Geologist/Environmental Scientist.....................................................................................................$ 180 GIS Analyst................................................................................................................................................................$ 160 Technical Illustrator/CAD Operator............................................................................................................................$ 140 Field Staff
Certified Asbestos/Lead Technician......................................................................................................................... $ 220 Field Operations Manager.........................................................................................................................................$ 150 Nondestructive Examination Technician (UT, MT, LP).............................................................................................$ 145 Supervisory Technician .............................................................................................................................................$ 140 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing)..............................................$ 135 Senior Technician..................................................................................................................................................... $ 135 Technician..................................................................................................................................................................$ 130 Administrative Staff
Information Specialist ................................................................................................................................................$ 120 Geotechnical/Environmental/Laboratory Assistant ...................................................................................................$ 120 Data Processor..........................................................................................................................................................$ 95 Other Charges
Concrete Coring Equipment (includes technician).............................................................................................. $ 250/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment................................................................................................................................................... $ 180/hr State of California Prevailing Wage Surcharge................................................................................................... $ 30/hr Inclinometer......................................................................................................................................................... $ 100/hr Hand Auger Equipment....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer)............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Equipment ....................................................................................................................................... $ 15/hr X-Ray Fluorescence............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................ $ 25/hr Air Sampling Pump.............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Equipment $ 15/hr
Expert Witness Testimony................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.

Notes
Our field services, are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours. Overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.

Field services that may be subject to prevailing wage in accordance with AB 1768 and Prevailing Wage Determinations, will be subject to a prevailing wage surcharge as shown in our Schedule of Fees. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.

The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.

NINYO & MOORE, A SOCOTEC COMPANY
Various Locations, Los Gatos, California | 08SJO06-03695 | April 2, 2026

ITEM NO. 6.

Schedule of Fees for Laboratory Testing

SOILS CONCRETE
Atterberg Limits, D 4318, CT 204..............................................................$ 190 Compression Tests, 6x12 Cylinder, C 39 ...................................................$ 35 California Bearing Ratio (CBR), D 1883....................................................$ 550 Concrete Mix Design Review, Job Spec.....................................................$ 350 Chloride and Sulfate Content, CT 417 & CT 422 .....................................$ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 950 Consolidation, D 2435, CT 219..................................................................$ 300 Concrete Cores, Compression (excludes sampling), C 42 .......................$ 130 Consolidation, Hydro-Collapse only, D 2435............................................$ 150 Drying Shrinkage, C 157..............................................................................$ 500 Consolidation – Time Rate, D 2435, CT 219............................................$ 200 Flexural Test, C 78 .......................................................................................$ 95 Direct Shear – Remolded, D 3080 ............................................................$ 350 Flexural Test, C 293.....................................................................................$ 95 Direct Shear – Undisturbed, D 3080 .........................................................$ 300 Flexural Test, CT 523...................................................................................$ 95 Durability Index, CT 229.............................................................................$ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI................$ 360 Expansion Index, D 4829, IBC 18-3..........................................................$ 190 Lightweight Concrete Fill, Compression, C 495 .........................................$ 90 Expansion Potential (Method A), D 4546..................................................$ 170 Petrographic Analysis, C 856 ......................................................................$ 2,800 Geofabric Tensile and Elongation Test, D 4632.......................................$ 200 Restrained Expansion of Shrinkage Compensation ..................................$ 550 Hydraulic Conductivity, D 5084..................................................................$ 350 Splitting Tensile Strength, C 496.................................................................$ 120 Hydrometer Analysis, D 6913, CT 203......................................................$ 220 3x6 Grout, (CLSM), C 39 .............................................................................$ 65 Moisture, Ash, & Organic Matter of Peat/Organic Soils...........................$ 120 2x2x2 Non-Shrink Grout, C 109 .................................................................$ 65 Moisture Only, D 2216, CT 226.................................................................$ 45 Moisture and Density, D 2937 ...................................................................$ 55 ASPHALT Permeability, CH, D 2434, CT 220............................................................$ 350 Air Voids, T 269 ............................................................................................$ 90 pH and Resistivity, CT 643.........................................................................$ 185 Asphalt Mix Design, Caltrans (incl. Aggregate Quality).............................$ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180........................$ 350 Asphalt Mix Design Review, Job Spec .......................................................$ 190 Proctor Density with Rock Correction D 1557 ..........................................$ 400 Dust Proportioning, CT LP-4........................................................................$ 95 R-value, D 2844, CT 301 ...........................................................................$ 450 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 260 Sand Equivalent, D 2419, CT 217.............................................................$ 155 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 160 Sieve Analysis, D 6913, CT 202................................................................$ 175 Film Stripping, CT 302..................................................................................$ 130 Sieve Analysis, 200 Wash, D 1140, CT 202.............................................$ 130 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .........................$ 240 Specific Gravity, D 854...............................................................................$ 135 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 250 Thermal Resistivity (ASTM 5334, IEEE 442)............................................$ 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 160 Triaxial Shear, C.D, D 4767, T 297 ...........................................................$ 550 Moisture Content, CT 370............................................................................$ 105 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................$ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ........................$ 350 Slurry Wet Track Abrasion, D 3910.............................................................$ 160 Triaxial Shear, U.U., D 2850......................................................................$ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality)..................$ 4,900 Unconfined Compression, D 2166, T 208.................................................$ 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 110 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$ 1,200 MASONRY Unit Weight sample or core, D 2726, CT 308.............................................$ 110 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67............$ 70 Voids in Mineral Aggregate, (VMA) CT LP-2..............................................$ 100 Brick Compression Test, C 67...................................................................$ 55 Voids filled with Asphalt, (VFA) CT LP-3 ....................................................$ 100 Brick Efflorescence, C 67...........................................................................$ 55 Wax Density, D 1188................................................................................... $ 150 Brick Modulus of Rupture, C 67.................................................................$ 50 Brick Moisture as received, C 67...............................................................$ 45 AGGREGATES Brick Saturation Coefficient, C 67..............................................................$ 60 Clay Lumps and Friable Particles, C 142....................................................$ 190 Concrete Block Compression Test, 8x8x16, C 140 .................................$ 70 Cleanness Value, CT 227............................................................................$ 190 Concrete Block Conformance Package, C 90..........................................$ 500 Crushed Particles, CT 205...........................................................................$ 180 Concrete Block Linear Shrinkage, C 426..................................................$ 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 Concrete Block Unit Weight and Absorption, C 140 ................................$ 80 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .......................$ 180 Cores, Compression or Shear Bond, CA Code........................................$ 80 Flat and Elongated Particle, D 4791............................................................$ 230 Masonry Grout, 3x3x6 prism compression, C 39.....................................$ 45 Lightweight Particles, C 123 ........................................................................$ 180 Masonry Mortar, 2x2 cylinder compression, C 109..................................$ 55 Los Angeles Abrasion, C 131 or C 535.......................................................$ 220 Masonry Prism, half size, compression, C 1019 ......................................$ 120 Material Finer than No. 200 Sieve by Washing, C 117..............................$ 100 Masonry Prism, Full size, compression, C 1019 ......................................$ 200 Organic Impurities, C 40 ..............................................................................$ 100 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 Chemical Analysis, A 36, A 615.................................................................$ 135 Potential Reactivity of Aggregate (Chemical Method), C 289...................$ 495 Fireproofing Density Test, UBC 7-6...........................................................$ 90 Sand Equivalent, T 176, CT 217 .................................................................$ 130 Hardness Test, Rockwell, A 370 ...............................................................$ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................$ 130 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136.................$ 150 per assembly, A 325 .............................................................................$ 250 Sodium Sulfate Soundness, C 88 ...............................................................$ 450 Mechanically Spliced Reinforcing Tensile Test, ACI................................$ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .........................$ 120 Pre-Stress Strand (7 wire), A 416..............................................................$ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ..............................$ 180 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706......................$ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .........................$ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI.......................$ 80 Roofing Tile Absorption, (set of 5), C 67.....................................................$ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................$ 250 Special preparation of standard test specimens will be charged at the technician’s hourly rate.

Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.

NINYO & MOORE, A SOCOTEC COMPANY
Various Locations, Los Gatos, California | 08SJO06-03695 | April 2, 2026 2026 Laboratory Testing

ITEM NO. 6.

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: 05/19/2026
ITEM NO: 7
DATE: May 19, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Sign and Submit Grant Applications for the Statewide and Regional Components of the Active Transportation Program Cycle 8 and One Bay Area Grant Program Cycle 4 to Fund Construction of the Highway 17 Bicycle and Pedestrian Overcrossing Project RECOMMENDATION: Staff recommends that Town Council take the following actions to support future construction of the Highway 17 Bicycle and Pedestrian Overcrossing Project (4218510-82405, CIP No. 818- 0803):
a. Authorize the Town Manager to sign and submit a grant application for Active Transportation Program Cycle 8 (ATP8) for up to $19,953,925 in construction funding through the
Statewide and Regional components of that program; and
b. Authorize the Town Manager to sign and submit a grant application for up to $19,953,925 to the One Bay Area Grant Cycle 4 (OBAG4) program.

FISCAL IMPACT:

There is no immediate direct fiscal impact of this action. Preparation of grant applications will be completed using existing staff resources funded through the General Fund (1115201). This action authorizes submission of grant applications to fund construction for the Highway 17 Bicycle and Pedestrian Overcrossing Project (4218510, CIP No. 818-0803) in an amount up to $19,953,925 for each grant.

ITEM NO. 7.

PAGE 2 OF 6
SUBJECT: Actions Related to Grant Applications for the Highway 17 Overcrossing Project DATE: May 19, 2026
While the associated local match requirements vary program to program, existing budget appropriations in the CIP Project are expected to meet the minimum match requirement of

11.47% in all scenarios, with 25% matching funds already established. To date, a total of $6,692,210 associated with this project is available for construction match. The specific existing sources of match funding are shown in Table 1:

Table 1. Existing Project Funding Available for Match
General Fund Appropriate Reserve $ 1,468,524
Measure B 2016 $ 2,754,900
Transportation Development Act 3 $ 2,468,786
TOTAL $ 6,692,210
Per the 2027 Active Transportation Program Guidelines issues by the California Transportation Commission, the Statewide ATP program does not require the Town to provide matching funds.

The Metropolitan Transportation Commission (MTC) would review the regional ATP grant application. MTC staff have indicated that an 11.47% minimum match will be required for the Regional ATP application. The OBAG4 Program will also require a minimum match of 11.47%.

The project cost is currently $26,646,135 for 2028 construction (inclusive of design and construction). This suggests a required minimum match requirement of $3,056,312. The match requirement is expected to be met via existing funding allocations noted in Table 1 (4118510, 4218510, 47185101; CIP No. 818-0803).

STRATEGIC PRIORITY:

This action supports the Town’s Strategic Priority of Fiscal Stability and Core Goals of Fiscal Stability and Quality Public Infrastructure. The use of grant funds for public works construction reduces the burden on the Town’s limited general fund resources. The project will provide a safe bicycle and pedestrian-friendly route to cross Highway 17.

BACKGROUND:

The Highway 17 Bicycle and Pedestrian Overcrossing Project started in Fiscal Year 2019-20 and is the highest priority project in the Town’s Bicycle and Pedestrian Master Plan (BPMP). Once constructed, the project will improve bicycle and pedestrian mobility, encourage active transportation, close a major gap in the Town’s bicycle network, and enhance safety for all modes of travel on Blossom Hill Road, a high-volume transportation corridor and route to school between Roberts Road West and Roberts Road East. The completed project will provide safer student access to RJ Fisher Middle School and increase safety for transit users accessing stops on Los Gatos Boulevard and North Santa Cruz Avenue.

ITEM NO. 7.

PAGE 3 OF 6
SUBJECT: Actions Related to Grant Applications for the Highway 17 Overcrossing Project DATE: May 19, 2026
The project design is being led by the Town with significant funding support from the 2016 Santa Clara Countywide Measure B Program administered by the Valley Transportation Authority (VTA) and design oversight by Caltrans for the portion of the project within Caltrans’ Highway 17 right of way. The project design was fully funded through a combination of the 2016 Measure B grant, plus Town Traffic Mitigation and General Fund Appropriated Reserve funding for local matching to the grants. Design completion is expected in the fourth quarter of 2026.

The project design includes:

1. A new 20-foot-wide bicycle/pedestrian bridge over Highway 17 south of the existing Blossom Hill Road overcrossing;

2. Enhanced pathways and sidewalks on the east and west sides of the new bridge to provide access between Roberts Road West and Roberts Road East;

3. Safety enhancements to the Roberts Road East and West intersections at Blossom Hill Road; and

4. Modifications to the existing vehicle and bicycle lane configurations and pedestrian facilities on Blossom Hill Road.

The following is a brief chronology of Town Council actions associated with the project:
 On June 13, 2019, Council authorized the issuance of a Request for Proposals (RFP) for the project’s feasibility study and authorized the consultant agreement in an amount not to exceed $234,456. This was paid for using Transportation Impact Fees and Transportation Development Act 3 funding.
 On March 3, 2020, Council approved the project’s purpose and need and authorized staff to proceed with design alternatives for a separate bicycle and pedestrian overcrossing.
 On September 1, 2020, at the recommendation of the Town’s Complete Streets and Transportation Commission (CSTC), Council adopted the 2020 Bicycle and Pedestrian Master Plan (BPMP) update, which identified this project as a high priority.  On September 1, 2020, Council approved the feasibility study, directed staff to proceed with final design of a separate 16 to 20 foot wide bridge south of Blossom Hill Road and analyze three bridge types (steel truss, steel arch, and concrete), authorized the submittal of an Active Transportation Program (ATP) grant for construction, and committed up to $1 million in FY23-24 budget funding as a local match for the ATP grant. The ATP Grant application was not successful at that time.  On December 1, 2020, Council authorized a Measure B grant funding agreement in the amount of $2,754,900 for project design, authorized $946,210 in General Fund budget

ITEM NO. 7.

PAGE 4 OF 6
SUBJECT: Actions Related to Grant Applications for the Highway 17 Overcrossing Project DATE: May 19, 2026
as a required local match for the Measure B grant, authorized issuance of an RFP for project design, authorized the consultant agreement in an amount not to exceed $3,000,000, and approved the project’s community engagement plan.  On May 20, 2021, the Town entered into an agreement for consultant services with BKF for project design, including preliminary engineering, environmental review, and final design in an amount not to exceed $3,000,000.  On November 9, 2022, the Town Council received an update on the project’s community outreach activities and the preferred bridge type and approved the concrete box girder as the preferred bridge type for project design.
 On February 9, 2024, the Town Council authorized a first amendment to the agreement with BKF Engineers to provide grant writing services for ATP Cycle 7 and a federal Safe Streets for All Grant. In fall 2024, staff were notified that these applications were not successful.
 On June 17, 2025, the Town Council adopted Resolution 25-039 to receive $2,468,786 in Transportation Development Act Article 3 (TDA3) Funds to support future project construction. The action included the associated revenue budget adjustments to recognize the receipt of the TDA3 funding, and those monies are available for future construction.

DISCUSSION:

Since May 2021, the project team has made significant progress on engineering and environmental review. Staff have continued to engage with project stakeholders for additional input, including the Los Gatos Union School District, Safe Routes to School Program, Complete Streets and Transportation Commission, Arts and Culture Commission, and others.

The project approval and environmental document phase (PAED) of the project has taken longer than expected due to staffing changes at the California Department of Transportation, delaying review of the project through most of 2025. Currently, environmental clearance is complete, and the final design is underway. The project is fully funded through final design and will be shovel-ready by early 2027. The existing TDA3 funding for construction was accepted in June 2025 carries a 2028 spending deadline. An extension can be requested if necessary.

The current estimate of the total construction cost, available funding and current funding gap is show in Table 2.

ITEM NO. 7.

PAGE 5 OF 6
SUBJECT: Actions Related to Grant Applications for the Highway 17 Overcrossing Project DATE: May 19, 2026
Table 2. Fiscal Summary Demonstrating Funding Gap1
Note: 1. Town expended $147,005 in Transportation Impact Fees and $87,451 in TDA3 funding for Feasibility Study Phase of work. This funding is not reflected in design and construction totals in Table 2.

The Town will need to obtain construction funding prior to advertising the project for construction bids. Based on staff’s research and recent communication with the California Transportation Commission (CTC), Metropolitan Transportation Commission (MTC), and Valley Transportation Authority (VTA), staff recommend applying for these grant programs.

The ATP and OBAG program applications will be due in June and July 2026, respectively. The grant applications are competitive and require numerous exhibits, schematics, photo essays, visual simulations, data analyses, and other documents. Much of this information already exists from prior grant applications, and staff will use existing resources to support the applications to the maximum extent possible.

Results of the grant application will be known in late 2026 or early 2027. If the Town is successful in both grant applications, staff will further evaluate the funding and match requirements in more detail and return to the Town Council with a recommendation authorizing the Town Manager to execute the grant agreement that is most financially favorable to the Town.

ALTERNATIVES:

Town Council can recommend that grant applications for the construction phase work not be pursued. If that were to occur staff would complete the design to achieve a shovel ready project and would then place the project on hold pending further Town Council action. If this alternative is selected the Town will need to return the TDA3 funding allocation.

CONCLUSION:

If the Town Council accepts the recommendation, staff will prepare the required applications for the Town Manager’s signature. Staff will report back on the outcome of the applications with recommendations on next steps.

ITEM NO. 7.

PAGE 6 OF 6
SUBJECT: Actions Related to Grant Applications for the Highway 17 Overcrossing Project DATE: May 19, 2026
COORDINATION:

This report has been coordinated with the Finance Department and the Town Attorney’s office.

ENVIRONMENTAL ASSESSMENT:

The Town is the lead agency under CEQA. This is a project as defined under CEQA but is statutorily exempt under Section 21080.25. A Notice of Exemption has been filed. Caltrans is the lead agency under NEPA. The project is exempt from NEPA under 23 CFR 771.117(c):
activity (c)(3).

ITEM NO. 7.

PREPARED BY: Gary Heap
Town Engineer
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: 05/19/2026
ITEM NO: 8
DATE: May 19, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2026-27 Funded by State Senate Bill 1, the Road Repair and Accountability Act of 2017
RECOMMENDATION: Adopt a resolution adopting a list of projects for Fiscal Year 2026-27 funded by State Senate Bill 1, the Road Repair and Accountability Act of 2017.

FISCAL IMPACT:

The adoption of this resolution does not appropriate funding; however, it is required to maintain eligibility for an estimated $1,917,808 in SB 1 RMRA funds in FY 2026-27. These funds are programmed within the Street Repair and Resurfacing Project (4118101, 411815, 4218119, 4218146, 4218510; CIP No. 811-9901) as part of the FY 2026-27 – 2030-31 Capital Improvement Program.

Failure to adopt and submit the required project list may make the Town ineligible to receive FY 2026-27 SB 1 RMRA funding unless corrected in accordance with California Transportation Commission requirements.

STRATEGIC PRIORITY:

This item addresses the Strategic Priority of prudent fiscal management and aligns with the Core Goals of Fiscal Stability and Quality Public Infrastructure by leveraging external SB 1 funding to maintain roadway conditions, extend pavement life, and reduce long-term capital costs associated with deferred maintenance.

ITEM NO. 8.

PAGE 2 OF 4
SUBJECT: Adopt a Resolution to Adopt a List of Projects for FY26/27 Funded by SB-1 DATE: May 19, 2026
BACKGROUND:

State Senate Bill 1, the Road Repair and Accountability Act of 2017, was passed by the State Legislature and signed into law by the Governor in April 2017 to address the significant multimodal transportation funding shortfalls statewide. SB 1 is intended to enable cities and counties to better address significant maintenance, rehabilitation, and safety needs on their local street systems. Maintenance and rehabilitation projects are used to extend the serviceable life of streets. The Town will receive an estimated $1,917,808 in Road Maintenance and Rehabilitation Account (RMRA) funding through SB 1 in FY 2026-27.

Built into the Road Repair and Accountability Act (RMRA) are accountability and transparency measures, including a requirement that a list of all streets proposed to receive RMRA funding be adopted by the applicable governing body at a regular meeting. To comply, the Town Council must adopt a resolution with a list of streets that may receive RMRA funding in the upcoming fiscal year, including a description and the location of each proposed street segment, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.

DISCUSSION:

In considering which roads may receive RMRA funding, staff is recommending the Town road segments that carry heavier traffic loads and volumes, such as arterials that may involve more design scope and construction work to repair and maintain compared to other local roadways.

Staff prioritized roadway segments based on pavement condition index (PCI), traffic volumes, and cost-effectiveness to maximize lifecycle benefits and maintain the Town’s overall pavement network condition. Staff has identified the project segments shown in Table 1 for use of SB 1 funding in FY 2026-27, and upcoming years. Detailed treatment types, estimated useful life, and construction schedules for each segment are included in Attachment 1 (Resolution), consistent with SB 1 reporting requirements.

Table 1. Roadways Where FY 2026-27 SB1 Funds May Be Used Street Begin Location End Location
Albert Ct Albert Dr End
Albert Dr Nino Av Calfhill Ct
Alberto Wy Hwy 9 End
Almond Blossom Ln Harwood Rd City Limits
Bird Av Woodland Av Chester St
Brooklyn Av Pleasant Chicago Ave
Calfhill Ct Albert Dr End
Chester St Woodland Av University Av
Church St High School Ct E Main St
Clifton Av Broadway End

ITEM NO. 8.

PAGE 3 OF 4
SUBJECT: Adopt a Resolution to Adopt a List of Projects for FY26/27 Funded by SB-1 DATE: May 19, 2026
Cooper Ct University Av End
Fisher Av Roberts Rd Nino Av
Forrest Av Roberts Av Oak Meadow Dr
High School Ct E Main St Church St
Lundy Ln W Main St End
New York Av Pleasant St End (Nw)
Nino Av Los Gatos Bl Nino Wy
Nino Wy Nino Av End
Ohlone Ct Roberts Rd End
Park Av W. Main St End
Roberts Rd East Blossom Hill Rd Los Gatos Bl
Terrace Ct Pleasant End
Woodland Av Chester St Wraight Av
Wraight Av Chester St Hwy 9
The required work on the identified streets may exceed the available SB 1 funding. Funding from other paving related sources would be required to complete the required paving; in the event that funding is not available the number of streets proposed for repaving would be reduced.

Modifications to the SB 1 funding project list are permitted, and staff may recommend modifications when greater needs for funding emerge; for example, due to winter weather impacts. Construction for the Annual 2026 Street Repair and Resurfacing project is anticipated to start in the summer of 2026.

One important element associated with SB 1 is a continued Maintenance of Effort (MOE) requirement. The MOE is the average discretionary street expenditures of the three base fiscal years as set by SB 1 (FY 2009-10 - FY 2011-12). The MOE requirement is relevant to the Town of Los Gatos because the local funding for routine street maintenance must not be less than the MOE. The Town of Los Gatos MOE is $3,738,858. Staff considers this MOE requirement every year in developing the proposed capital improvement program budget. As an example, the actual street expenditure summary for Fiscal Year 2024-25 was $6.6 million, which exceeds the minimum MOE requirement. As the State continues to refine the calculation and reporting requirements for the MOE, it is important for the Town to sustain historical maintenance funding levels to avoid the risk of losing the annual RMRA appropriation.

CONCLUSION:

Adoption of the recommended resolution would meet the SB 1 RMRA funding requirement to have an adopted project list and allow the continuation of the Town’s roadway maintenance through the Capital Improvement Program. SB 1 funding allows the Town to advance pavement

ITEM NO. 8.

PAGE 4 OF 4
SUBJECT: Adopt a Resolution to Adopt a List of Projects for FY26/27 Funded by SB-1 DATE: May 19, 2026
maintenance in a proactive, cost-effective manner, reducing long-term rehabilitation costs and preserving roadway conditions for all users.

COORDINATION:

This staff report was coordinated with the Finance Department.

ENVIRONMENTAL ASSESSMENT:

Adoption of this resolution is not a project as defined by CEQA. The paving work is categorically exempt per CEQA Section 15301, because it involves maintenance of existing roads. The Categorical Exemption will be discussed with the award of the contract.

Attachments:

1. Resolution Adopting a List of Projects for Fiscal Year 2026-27 Funded by the State Senate Bill 1: The Road Repair and Accountability Act of 2017.

ITEM NO. 8.
1 of 5
Resolution 2026- May 19, 2026
ATTACHMENT 1
RESOLUTION 2026-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY THE STATE SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our Town are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the Town must adopt by resolution a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the Town will receive an estimated $1,917,808 in RMRA funding in Fiscal Year 2026/27 from SB 1; and
WHEREAS, this is the tenth year in which the Town is receiving SB 1 funding and will enable the Town to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the Town used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the highest priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB1 will help the Town maintain and rehabilitate streets throughout the Town this year and similar projects into the future; and

ITEM NO. 8.
2 of 5
Resolution 2026- May 19, 2026
ATTACHMENT 1
WHEREAS, SB 1 revenue will help the Town maintain and rehabilitate local streets and roads and support continued investment in the Town’s roadway system; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure, with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED: The foregoing recitals are true and correct, and the following list of projects will be funded in part or solely with Fiscal Year 2026-27 Road Maintenance and Rehabilitation Account revenues:

ITEM NO. 8.
3 of 5
Resolution 2026- May 19, 2026
ATTACHMENT 1
Base Bid +
Alternate
Street Begin Location End Location Treatment Estimated
Useful Life of
Treatment
Construction
Schedule
Albert Ct Albert Dr End MS 8 Years Summer 2026
Albert Dr Nino Av Calfhill Ct RC 10 Years Summer 2026
Alberto Wy Hwy 9 End 2MO 20 years Summer 2026
Almond Blossom Ln Harwood Rd City Limits 2MO 20 years Summer 2026 Bird Av Woodland Av Chester St 2MO 20 years Summer 2026 Brooklyn Av Pleasant Chicago Ave 4MO 20 years Summer 2026 Calfhill Ct Albert Dr End RC 10 Years Summer 2026
Chester St Woodland Av University Av 2MO 20 years Summer 2026 Church St High School Ct E Main St MS 8 Years Summer 2026 Clifton Av Broadway End 2O 20 years Summer 2026
Cooper Ct University Av End 2O 20 years Summer 2026
Fisher Av Roberts Rd Nino Av MS 8 Years Summer 2026
Forrest Av Roberts Av Oak Meadow
Dr
RC 10 Years Summer 2026
High School Ct E Main St Church St MS 8 Years Summer 2026 Lundy Ln W Main St End 2MO 20 years Summer 2026
New York Av Pleasant St End (Nw) 2MO 20 years Summer 2026 Nino Av Los Gatos Bl Nino Wy MS 8 Years Summer 2026
Nino Wy Nino Av End MS 8 Years Summer 2026
Ohlone Ct Roberts Rd End MS 8 Years Summer 2026
Park Av W. Main St End 2MO 20 years Summer 2026
Roberts Rd East Blossom Hill Rd Los Gatos Bl MS 8 Years Summer 2026 Terrace Ct Pleasant End 2MO 20 years Summer 2026
Woodland Av Chester St Wraight Av 2MO 20 years Summer 2026 Wraight Av Chester St Hwy 9 2MO 20 years Summer 2026
KEY:
4MO 4” Mill and
Overlay
2MO 2" Mill and
Overlay
2O
RC
MS
2" Overlay
Rubber Cape
Seal MicroSurfacing

ITEM NO. 8.
4 of 5
Resolution 2026- May 19, 2026
ATTACHMENT 1 Page 286
ITEM NO. 8.
5 of 5
Resolution 2026- May 19, 2026
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19th day of May of 2026 by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

ITEM NO. 8.

PREPARED BY: Alexa Nolder
Administrative Technician
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: 05/19/2026
ITEM NO: 9
DATE: May 19, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a five-year Agreement with HouseKeys for the Administration of the Town’s Below Market Price Affordable Housing Program with a Not to Exceed (NTE) of $750,000.

RECOMMENDATION: Authorize the Town Manager to execute a five-year agreement with HouseKeys, Inc. for administration of the Town’s Below Market Price Affordable Housing Program for the period of July 1, 2026, through June 30, 2031, in an amount not to exceed $750,000, subject to approval as to form by the Town Attorney.

FISCAL IMPACT:

Sufficient funds are available in the Housing In-Lieu Fee deposit account to cover the costs of the services for the Town. The current balance in the deposit account is approximately $3.7 million. These services will cost the Town a total NTE of $750,000 over the five-year period of the agreement. In addition, Housekeys charges fees for transaction-based services directly to the party incurring the service. Examples of this would be rental unit processing fees, which are typically paid for by the developer, ownership resale transaction fees, which are added to the sales price of the home and billed to the homeowner.

STRATEGIC PRIORITY:

This item aligns with 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 and the Core Goal of Community Character.

ITEM NO. 9.

PAGE 2 OF 3
SUBJECT: Below Market Price Program Administrator Services DATE: May 14, 2026
BACKGROUND:

The BMP Program was initiated in 1976 as a mechanism to increase the supply of housing in Los Gatos that is affordable to low- or moderate- income households. The BMP Program requires developers, when they obtain entitlements, to provide a percentage of the total number of market rate units in a development as affordable housing units. Deed restrictions are recorded on the title of each property to ensure the long-term affordability of the rental and for sale units and to maintain the Town’s repurchase option. When new units are made available by a developer or via a resale by an existing owner, the Town’s administrator solicits applications from income qualified households and then selects buyers using the Town’s adopted preference scoring criteria.

The Town has used an administrator for the BMP Program since July 1999. The Administrator’s expertise and knowledge of the United States Department of Housing and Urban Development (HUD) requirements and affordable housing program administration are more extensive than those of Town staff. Additionally, the Town does not have the resources to dedicate the time needed to administer the BMP Program.

Since February 2021, HouseKeys has administered the Town’s BMP Program under the direction of the Community Development Department. They have monitored the Town’s BMP Program rentals and owner-occupied homes and made sure they were following BMP Program requirements. HouseKeys has also worked with the Town on the sale of homes to BMP qualified applicants, held meetings to inform interested persons, and made sure they were qualified for the BMP Program.

DISCUSSION:

Staff prepared a request for proposals (RFP), distributed it to housing organizations, posted it under the “What’s New” page on the Town’s website, and posted it on the Town’s social media accounts to encourage RFP submittals.

Staff identified that foreclosure prevention, homebuyer education, and buyer financial prequalification experience would also be requisite areas of expertise of the successful administrator of the BMP Program. Four organizations submitted proposals, and HouseKeys was selected by staff as the most qualified because of its experience with administration of the Town’s BMP Program, affordable for-sale housing and rentals, and affordable housing loans.

HouseKeys was founded in 2015 in the City of Morgan Hill and has been administering affordable housing programs for other municipalities since 2017. They currently administer the BMP Program for the Cities of Morgan Hill, Burlingame, Gilroy, San Ramon, Santa Clara, Hayward, Hollister, Hercules, Mountain View, Lafayette, Scotts Valley, Alameda, Walnut Creek, Discovery Bay, Milpitas, San Jose, Beverly Hills, and Napa.

ITEM NO. 9.

PAGE 3 OF 3
SUBJECT: Below Market Price Program Administrator Services DATE: May 14, 2026
Staff recommends that the Town contract with HouseKeys for a five-year period for a fixed base annual cost of approximately $150,000 per year from approximately July 1, 2026, to June 30, 2031 (see Attachment 1). Projected transactional costs would also be provided at an additional cost, depending on the volume of those transactions (Exhibit A).

CONCLUSION:

Staff recommends that the Town Council authorize the Town Manager to execute an Agreement with HouseKeys for the administration of the Town’s BMP Program under the direction of the Director of Community Development.

COORDINATION:

This report has been coordinated with the Town Manager’s Office, Town Attorney’s Office, and the Finance Department.

ENVIRONMENTAL ASSESSMENT:

The recommended action is not a project under CEQA Guidelines section 15378 because it authorizes an administrative services agreement and does not have the potential to result in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. No further CEQA action is required.

Attachments:

1. Draft Agreement with HouseKeys, with Exhibit A, Fee Schedule

2. HouseKeys Proposal for BMP Administrator Services

ITEM NO. 9.

This Page
Intentionally
Left Blank

ITEM NO. 9.

AGREEMENT FOR PROFESSIONAL SERVICES

Agreement for Professional Services
HouseKeys, Inc. ATTACHMENT 1
HouseKeys Agreement

PREAMBLE
THIS AGREEMENT is by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and HouseKeys (“Contractor”), a C-Corp, whose address is 111 Deerwood Rd., Suite 200, San Ramon, CA 94583. This Agreement is made with reference to the following facts.

I. RECITALS
A. Town desires to engage Consultant to administer the Town’s Below Market Price Affordable Housing Program.

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 July 1, 2026 to June 30, 2031.

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 as required in 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.

ITEM NO. 9.

Agreement for Professional Services
HouseKeys, Inc.

F. Compensation: Compensation for Consultant's professional services shall not exceed the rates set forth in Exhibit A which is attached and incorporated by reference, not to exceed $750,000. 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

ITEM NO. 9.

Agreement for Professional Services
HouseKeys, Inc.
has done so and shall, at the Town's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

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 one million dollars ($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 and 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.

ITEM NO. 9.

Agreement for Professional Services
HouseKeys, Inc.

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, or 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.

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, 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. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation.

The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties. In the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw. The cost of mediation shall be borne equally by the parties.

Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

D. 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

ITEM NO. 9.

Agreement for Professional Services
HouseKeys, Inc.
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.

E. 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.

F. 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
HouseKeys, Inc.
111 Deerwood Road, Suite #200
San Ramon, CA 94583
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

G. 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.

H. 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.

ITEM NO. 9.

Agreement for Professional Services
HouseKeys, Inc.

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

TOWN OF LOS GATOS: CONSULTANT: Enter name of Consultant **signature_94577**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_94577**

DATE SIGNED
**signature_94578**

SIGNATURE
Julius Nyanda

ENTER CONSULTANT SIGNATORY'S NAME
CEO/Program Manager

ENTER CONSULTANT SIGNATORY'S TITLE
**date_signed_94578**

DATE SIGNED
Approved as to form:
**signature_94579**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_94579**

DATE SIGNED
Attest:
**signature_94579**

SIGNATURE
Wendy Wood

FULL NAME
CMC, Town Clerk
TITLE
**date_signed_94579**

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

ITEM NO. 9.

7. Preliminary Fee Schedule
Preliminary Fee Schedule
HouseKeys proposes a full-service annual contract model for the administration of the Town’s Below Market Price (BMP) Program. This model provides comprehensive coverage across administration, ownership and rental activity, compliance, and customer service, while maintaining a single point of accountability and avoiding fragmented, task-based billing.

The proposed annual fee for full-service administration is:
$150,000 per year
This fee is inclusive of all labor, coordination, reporting, meetings, site visits, and routine program administration activities required to operate the Town’s BMP Program.

Scope-Based Cost Allocation (For Reference Only)
The following allocation illustrates how resources are distributed across program functions. These categories are not billed separately but reflect the structure of the full-service model.

1. Ownership Program Administration and Asset Management — 35% ($52,500) • Resale transactions and coordination
• Refinancing, subordination, and payoff requests
• Default, foreclosure, probate, and loss mitigation cases • Homeowner support and long-term compliance

2. Program Administration and Customer Service — 25% ($37,500) • Applicant intake and waitlist management
• Program communications (phone, email, web)
• Coordination with Town staff
• Semi-annual reporting

3. Rental Program Administration and Compliance — 20% ($30,000) • Lease-up and vacancy coordination
• Tenant eligibility verification
• Annual compliance and rent monitoring
• Property manager coordination

4. File Operations and Underwriting Support — 10% ($15,000) • File preparation and document collection
• Applicant file packaging and workflow management

ITEM NO. 9.

• Underwriting coordination

5. Program Oversight, Reporting, and System Support — 10% ($15,000) • Program oversight and escalation management
• Reporting dashboards and performance tracking
• Platform maintenance and continuous improvements
Transaction-Based Fee Structure (Supplemental)
In addition to the annual contract, HouseKeys maintains a standardized fee schedule for transaction-based services . These fees are typically paid by participating parties and may offset program costs to the Town.

Examples include:
• Rental unit processing fees (up to $1,500 per lease, typically paid by developers) • Rental compliance recertification fees (up to $150 per unit, typically paid by property owners) • Ownership resale transaction fees (structured as a percentage of sales price) • Loan processing and refinance fees (paid by homeowners or lenders) HouseKeys has historically waived or adjusted certain fees depending on program structure and Town preferences, particularly for smaller portfolios or where policy goals warrant flexibility.

Approach to Cost Structure
This combined structure allows the Town to:
• Maintain predictable annual costs
• Reduce administrative burden through a single accountable partner • Benefit from supplemental transaction-based revenue streams where applicable • Ensure that both routine administration and complex casework are supported without requiring separate contracts or incremental billing
The proposed fee reflects alignment with HouseKeys’ full-service model for jurisdictions managing ownership and rental portfolios, including the increasing complexity of long-term asset management and compliance.

ITEM NO. 9.

HOUSEKEYS STANDARD FEE SCHEDULE (2026-2027)
Only used with HouseKeys Agency Contracts
# Description Fee1 Fee Cap / Max Billed To
1 Rental Unit Processing Fee
(New Construction/Existing
Vacancies)
1/3rd of Agreed Fee Due Up-Front on
New Construction Projects
Up to $1,500.00 per
lease transaction
Up to $1,500
per lease
transaction
Developer
[Agreement]
2 Rental Annual Compliance
Recertification Process Fee
(100% of resident files)
Up to $150 per unit Up to $150 per unit Developer
[Agreement]
3 Project-level Annual Review No fee No fee No fee
4 Tenant-level Annual Review
(10% of resident files)
No fee No fee No fee
5 Loan Processing
Transaction Fee
$1,250.00 per
transaction2
$1,250.00 per
transaction
Owner / Lender
6 Refinance & Document
Processing Fee
$500 per
transaction2
$500 per
transaction
Homeowner
[Agreement]
7 New Ownership Sales
Transaction Fee
Based on
Income
Category
Moderate
$12,500
Low
$7,500
Very Low or Lower
$5,000
Developer
[Agreement]
8 Ownership Resale Transaction
Fee (Full Service w/
distribution to homeownerchosen listing agent and an
assigned buyer’s agent)
6% of
New Sales Price
Maximum
$36,000.00
Homeowner /
Added to Sales
Price [Agreement]
with payouts to
Listing and Sales
Agent
9 Resale Facilitation Fee
(Homeowner Chooses their
own Agent and runs the
process independently)
Subject to Restriction
Agreement
$2,500 Taken from Excess
Proceed due to City
(if available)
10 Acquisition and Ownership
Resale / Rehab Transaction
Fee
5% of Resale
Restriction Price
plus 5% of
New Sales Price
Maximum
$60,000.00
Homeowner /
Added to Sales
Price [Agreement]
11 Billing Rate for Projects
Outside of Contract Scope
$250.00 / hour $250.00 / hour Up-Front
Scope /
Agency
12 E-Certification of Eligibility
(Coming Soon)
$25 $25 Direct-toConsumer
1 All Fees will be considered new fees. Any legacy legal agreements with fee structures written in the recorded documents will be honored and a discount will be applied, provided HouseKeys agrees.

ITEM NO. 9.

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ITEM NO. 9.
111 Deerwood Road, Suite 200, San Ramon, CA 94583 | Phone: 1-877-460-KEYS | www.housekeys.org

March 30, 2026
Town of Los Gatos
Community Development Department
110 E. Main Street
Los Gatos, CA 95030
408-354-6872
[email protected]
Re: Request for Proposal Issued March 2, 2026
Below Market Price Administrative Services
HouseKeys Response Submission
To Whom It May Concern,
HouseKeys appreciates the opportunity to submit this proposal to continue serving as the Town’s Below Market Price (BMP) Program Administrator. Since 2021 - and previously in 2015 through prior institutional roles - our team has supported the Town’s program across ownership and rental activities, building a detailed understanding of its ordinance, guidelines, recorded agreements, and operational history.

HouseKeys brings over a decade of direct program administration experience across Santa Clara County, having worked with more than half of its jurisdictions as well as the County and Housing Authority. This experience has provided a practical understanding of how affordable housing programs operate over time— through staff transitions, changing market conditions, and increasingly complex compliance environments. Our work is grounded not only in policy interpretation, but in day-to-day execution across transactions, compliance, and asset management.

Our approach to program administration is rooted in continuity, accountability, and continuous improvement.

Over the past year, HouseKeys has refined its operating model to strengthen cross-functional delivery across homeownership, rental, and community finance programs. This includes enhancements to reporting, file operations, and program documentation, as well as ongoing coordination with Town staff on opportunities such as updated agreements, owner guidance, and onboarding processes. Our proprietary platform—developed and maintained by an in-house, U.S.-based engineering team—supports this work through continuous updates informed by real-world program activity.

HouseKeys is committed to serving as a long-term administrative partner to the Town, capable of managing both routine program activity and complex scenarios that arise within deed-restricted portfolios. Our goal is to deliver consistent outcomes while preserving institutional knowledge and supporting the Town’s evolving housing objectives.

HouseKeys has reviewed the Town’s standard Consultant Services Agreement and finds it acceptable, with no requested exceptions at this time.

ATTACHMENT 2 Page 302
ITEM NO. 9.
111 Deerwood Road, Suite 200, San Ramon, CA 94583 | Phone: 1-877-460-KEYS | www.housekeys.org

We appreciate the opportunity to continue this partnership and look forward to supporting the Town of Los Gatos in the next phase of its BMP Program.

Sincerely,
Julius Nyanda
CEO/Program Manager
HouseKeys Inc (a California C-Corporation)
111 Deerwood Road, Suite 200, San Ramon, CA 94546
[email protected] / 408-684-8202

ITEM NO. 9.

2.Review of Scope of Services
I. Opening: Alignment with the Town’s Scope and Program Continuity
HouseKeys appreciates the opportunity to continue supporting the Town of Los Gatos in the administration of its Below Market Price (BMP) Program. The Scope of Services outlined in this Request for Proposals reflects the full lifecycle of a BMP program, encompassing applicant intake, ownership transactions, rental compliance, and ongoing administration. HouseKeys is uniquely positioned to deliver across this full scope as the Town’s current administrator since 2021, with key team members having administered the program as early as 2015 through prior institutional roles.

This continuity has provided HouseKeys with a working knowledge of the Town’s ordinance, guidelines, recorded agreements, and operational practices, while maintaining consistent service delivery through staff transitions and evolving program needs. HouseKeys also brings direct experience working with developers active in the Town’s pipeline, including Robson Homes, City Ventures, and SummerHill Homes, supporting alignment between Town requirements, developer timelines, and program implementation. This work is supported by HouseKeys’ fully in-house software platform and U.S.-based engineering team, enabling continuous refinement of program delivery based on real-time user activity and feedback.

II. Administration Services
HouseKeys will serve as the primary point of contact for the Town’s BMP Program, managing applicant waiting lists, responding to all program inquiries, and distributing program materials for prospective buyers and renters. Communication is handled through phone, email, and web-based systems, with multilingual support provided as needed. While the Scope references maintaining waiting lists, HouseKeys manages this function as an active applicant pipeline, ensuring that applicants remain prepared and informed as opportunities arise.

HouseKeys’ platform is continuously improved through in-house engineering, supporting both applicant experience and staff visibility.

HouseKeys will maintain and apply all governing program documents, including the Town’s ordinance, resolutions, and implementing guidelines, incorporating updates as policies evolve. Semi-annual reports will be prepared in coordination with Town staff, alongside ongoing administrative support and program advisory services as requested. HouseKeys is actively advancing its reporting capabilities through ongoing enhancements to its proprietary platform, including dashboards that track inventory, projects, applicant activity, selection processes, and annual compliance. These tools are designed to provide clearer visibility into program performance and emerging risks, supporting more informed decision-making by Town staff. These functions are supported by a multidisciplinary team with experience in program design, compliance, and real estate operations, ensuring that policies are translated into consistent and enforceable outcomes.

III. Housing Unit Sales Services (Ownership Program Lifecycle) HouseKeys will manage the full ownership process, including pricing support, preparation of sales schedules, marketing and outreach to interested buyers, and application intake and review. Applications will be evaluated for completeness, eligibility verified, and applicants ranked in accordance with Town criteria prior to submission for Town approval. In September 2025, HouseKeys established a dedicated File Operations Cohort focused exclusively on applicant file processing. This team manages the preparation and packaging of applicant files as they move through selection processes, ensuring that submissions are complete, organized, and ready for

ITEM NO. 9.

underwriting. This structure improves processing efficiency, reduces delays, and supports consistent eligibility determinations.

HouseKeys will coordinate all aspects of the transaction process, including communication with escrow, lenders, and agents, facilitation of deed restriction recordation, and support for prospective buyers through education and open house coordination. Post-sale, HouseKeys will manage refinancing requests, subordinations, and resale preparation, as well as investigate and address defaults as needed. The team includes professionals with experience in escrow, lending, and asset management, and has managed complex scenarios including probate, bankruptcy, and foreclosure, ensuring that the Town’s interests are protected throughout the lifecycle of each unit.

IV. Rental Housing Services
HouseKeys will manage the rental process for BMP units, including advertising available units, coordinating with property owners and managers, and supporting tenant placement. HouseKeys will verify the eligibility of prospective tenants using current income guidelines and ensure consistent application of program requirements.

HouseKeys will conduct annual compliance monitoring, including income recertification and verification that rent levels remain within allowable limits. HouseKeys will also advise property owners and managers on BMP requirements and ensure consistent enforcement of program rules. Through experience across multiple jurisdictions and property management structures, HouseKeys provides stable oversight that maintains compliance despite operational changes over time.

V. Integrated Program Delivery
HouseKeys administers the Town’s BMP Program as an integrated system connecting applicant intake, ownership and rental activity, and ongoing compliance. This approach reduces fragmentation, ensures consistency across program components, and supports coordinated management of both existing inventory and future opportunities.

This structure is supported by HouseKeys’ fully owned software platform, developed and maintained by an inhouse, U.S.-based engineering team that deploys continuous updates based on user activity and feedback. The platform provides real-time visibility into program activity and supports flexibility for the Town in determining how functions such as waitlist management are administered over time.

VI. Full-Service Delivery Model
HouseKeys provides a full-service model that integrates administration, transactions, compliance, and customer service within a single accountable structure, reducing administrative burden on Town staff.

This model also allows HouseKeys to take on complex, non-routine work as part of program administration, including foreclosure resolution, probate coordination, and other challenges within existing homeownership portfolios. HouseKeys has extensive experience managing these scenarios and approaches each case with the goal of preserving program integrity and protecting the Town’s long-term interests. This capability reflects over a decade of continuous refinement focused on delivering reliable and efficient program administration.

VII. Closing: Outcomes to the Town

ITEM NO. 9.

HouseKeys provides the Town with a stable and experienced administrative partner capable of managing both current program responsibilities and future activity. The combination of operational continuity, integrated service delivery, and ongoing refinement supports consistent program outcomes while reducing administrative burden on Town staff.

HouseKeys’ approach preserves institutional knowledge, maintains compliance across long-term affordability requirements, and adapts to evolving program needs over time, supporting the Town’s broader housing objectives.

ITEM NO. 9.

3.Experience and Expertise
I. Direct Experience with the Town of Los Gatos and Santa Clara County
HouseKeys has served as the Town of Los Gatos’ Below Market Price (BMP) Program Administrator since 2021, with key members of the team having administered the program as early as 2015 through prior institutional roles. This continuity has provided HouseKeys with direct experience operating under the Town’s ordinance, guidelines, and recorded agreements, while maintaining consistency through staff transitions and evolving program needs. In Los Gatos, HouseKeys has also worked through complex foreclosure and probate cases, demonstrating its ability to manage difficult, real-world scenarios within both homeownership and rental program contexts.

More broadly, HouseKeys has administered programs for more than half of the cities in Santa Clara County and has also worked on behalf of the County of Santa Clara and in coordination with the Housing Authority of Santa Clara County. This experience includes work with the cities of Morgan Hill, Campbell, Santa Clara, Los Gatos, Mountain View, San Jose, and Milpitas. While not all jurisdictions are current clients, the experience gained across these programs has provided a deep understanding of how local housing policies are implemented, interpreted, and sustained over time within the County.

II. Full Lifecycle BMP Program Administration Experience Across Santa Clara County, HouseKeys has administered programs spanning ownership, rental, and mixed portfolios, often under varying policy frameworks and levels of institutional capacity. In Morgan Hill, HouseKeys has supported a 40-year-old BMR homeownership program across more than 80 subdivisions, while also assisting the City in launching its first inclusionary rental program. In Campbell, HouseKeys worked to bring the City’s ownership portfolio into compliance, including coordination on legal cases tied to program enforcement.

In Santa Clara, HouseKeys supported the City’s BMP program under two separate contracts—initially focused on rental programs and later expanding into homeownership administration following the transition of a prior administrator. In Mountain View, HouseKeys has administered both ownership and rental programs and continues to serve as the City’s administrator. HouseKeys has also recently been engaged by the City of Milpitas, further expanding its active presence within the County.

This body of work reflects experience across the full lifecycle of program activity, including intake, selection, transactions, compliance, and long-term portfolio management, often under conditions requiring program stabilization, transition, or expansion.

III. Ownership Program Expertise
HouseKeys’ ownership experience is grounded in direct administration of long-standing deed-restricted portfolios, including programs with layered agreements and evolving policy frameworks. The team has extensive experience interpreting and enforcing resale restriction agreements, deeds of trust, promissory notes, and other affordability instruments commonly used across Santa Clara County.

In addition to standard resale and purchase transactions, HouseKeys has managed complex ownership scenarios involving refinancing, subordination, probate, bankruptcy, and distressed sales. This work often requires

ITEM NO. 9.

coordination across legal counsel, lenders, escrow officers, and heirs, as well as careful interpretation of recorded documents to preserve affordability requirements. Through this experience, HouseKeys has developed the ability to navigate complex casework while maintaining consistency, compliance, and protection of longterm program integrity.

IV. Rental and Mixed-Income Program Expertise
HouseKeys has extensive experience administering Below Market Price rental programs, including inclusionary and mixed-income units that are not supported by traditional subsidy structures. This work requires consistent interpretation of local guidelines, coordination with property managers, and ongoing verification of tenant eligibility and rent compliance.

Across jurisdictions such as Mountain View and Santa Clara, HouseKeys has worked within multifamily environments where BMP units exist alongside market-rate and other regulated units, requiring clear differentiation of rules and consistent enforcement. This often includes aligning property management practices with recorded affordability requirements, particularly in cases where operational procedures evolve over time or change with new ownership or management. Through this experience, HouseKeys has developed a practical approach to maintaining compliance while working collaboratively with property managers and owners.

V. Transaction Complexity and Asset Management Experience A significant portion of HouseKeys’ experience involves managing complex and non-routine cases that arise within long-term affordability programs. These include foreclosure proceedings, probate cases, bankruptcy filings, insurance issues, and other distressed scenarios that impact ownership units and, in some cases, rental occupancy.

HouseKeys has worked through these situations across multiple jurisdictions, including recent cases in Los Gatos, requiring coordination with legal counsel, lenders, escrow officers, heirs, and other stakeholders. This work often extends beyond standard administrative tasks and requires careful interpretation of recorded agreements, timelines, and legal obligations. HouseKeys approaches these cases with the goal of preserving affordability, protecting the jurisdiction’s interests, and resolving issues in a manner that is both compliant and practical.

VI. Multidisciplinary In-House Team
HouseKeys’ experience is supported by a multidisciplinary, in-house team that brings together expertise across housing program administration, real estate transactions, and financial analysis. This includes team members with backgrounds in escrow coordination, mortgage lending—including lending on deed-restricted properties— asset management, and real estate brokerage.

These capabilities are embedded within the organization rather than outsourced, allowing HouseKeys to respond more effectively to both standard program activity and complex casework. This structure also supports consistency in how policies are interpreted and applied, as well as continuity in service delivery across jurisdictions and over time.

VII. Proprietary Technology Platform and Continuous Improvement

ITEM NO. 9.

HouseKeys has developed and maintains a fully proprietary software platform designed specifically for affordable housing program administration. Unlike many platforms that are licensed or adapted from third-party systems, HouseKeys’ platform is owned and continuously improved by an in-house, U.S.-based engineering team that deploys updates on a regular basis.

This platform supports applicant intake, selection processes, file management, and compliance tracking, and is informed by a large and active user base. HouseKeys continues to enhance its capabilities, including the development of reporting dashboards that provide visibility into inventory, projects, applicant activity, selection outcomes, and compliance status. This ongoing investment reflects a long-term commitment to improving both user experience and administrative efficiency.

VIII. Jurisdictional Experience and Scale
HouseKeys’ experience across Santa Clara County is complemented by work in multiple jurisdictions with varying program sizes and structures. This includes long-term engagements, program transitions, and support for jurisdictions at different stages of program maturity.

This breadth of experience has exposed HouseKeys to a wide range of program designs, operational challenges, and policy frameworks, allowing the team to apply lessons learned across jurisdictions while adapting to the specific needs of each agency. While HouseKeys has experience throughout California, its concentration in Santa Clara County provides a particularly strong foundation for supporting the Town of Los Gatos.

IX. Developer and Market Alignment
HouseKeys has worked with a range of developers active in Santa Clara County, including Robson Homes, City Ventures, and SummerHill Homes. This experience includes coordinating program requirements during project delivery, supporting marketing and selection processes, and ensuring that affordability requirements are implemented in alignment with local policies.

This familiarity with both developer workflows and municipal requirements allows HouseKeys to serve as an effective intermediary, aligning timelines, expectations, and compliance requirements across parties. This is particularly valuable as jurisdictions prepare for new development activity and seek to ensure smooth program implementation from entitlement through occupancy.

X. Closing: Overall Qualifications
HouseKeys’ experience reflects a combination of local continuity, technical depth, and operational scale within Santa Clara County. The organization has administered programs across multiple jurisdictions, managed complex transactions and compliance scenarios, and developed systems and processes designed to support longterm program sustainability.

This experience, combined with a multidisciplinary team and continued investment in platform and process improvements, positions HouseKeys to support the Town of Los Gatos with both immediate program needs and long-term program stewardship.

ITEM NO. 9.

4.Qualifications of Key Personnel
Qualifications of Key Personnel
HouseKeys’ team structure reflects over a decade of program administration experience, including recent refinements to strengthen continuity, cross-functional competency, and long-term service delivery. In 2021, HouseKeys established a dedicated rental team to support expanding program activity. Following staff turnover in 2024 and 2025, HouseKeys restructured its operations to ensure that expertise is shared across all program types—homeownership, rental, and community finance—rather than concentrated within a single team. This unified operating model reduces dependency on any one individual or specialization and ensures consistent program administration over time.

Julius Nyanda, Founder and CEO, serves as Chief Project Manager and maintains oversight of program delivery, policy alignment, and escalated matters. Christopher Jue serves as Project Lead and has played a central role in advancing HouseKeys’ integrated operating model. Since joining in 2021, he has grown into the role of Director of Operations and Marketing and leads coordination across program functions, ensuring alignment between operations, communication, and system improvements.

Christina Enriquez leads asset management, onboarding of new projects, and complex casework, including loss mitigation, foreclosure, and probate matters, working closely with Town staff on these efforts. Mandy Israde manages day-to-day program operations and serves as a primary point of coordination across workflows.

Danielle De La Torre leads the Customer Service team, overseeing a four-person group that manages phone and email communication across extended hours, including evenings and weekends, ensuring consistent responsiveness to applicants and participants.

HouseKeys’ Lead Administration Team includes Underwriters Kamala Loving and Martin Vergara, who are responsible for eligibility determinations and compliance reviews across ownership and rental programs.

Andrew Stebbins supports marketing and outreach efforts while also assisting with rental underwriting. In 2025, HouseKeys established a dedicated File Operations Cohort, led by Jenna Ross, to manage applicant file processing and preparation for underwriting, improving consistency and throughput across selection processes.

HouseKeys is committed to maintaining continuity of key personnel throughout the duration of this engagement. The organization’s team-based structure and shared operating model are designed to ensure that program knowledge, workflows, and service delivery remain stable, even as the program evolves over time.

ITEM NO. 9.

5.Disclosure of Litigation and Discipline
Disclosure of Litigation and Discipline
HouseKeys has not been disciplined or censured by any regulatory body in its 11 years of operation.

From time to time, HouseKeys has been named in or involved in litigation related to the administration of affordable housing programs. These matters have typically arisen from broader disputes between program participants, developers, or other parties, rather than from deficiencies in HouseKeys’ performance. In response to this exposure, HouseKeys has developed both in-house and outside legal support to ensure that matters are handled appropriately and in coordination with client agencies.

Within the past five years, HouseKeys has been involved in a limited number of cases. In 2025, HouseKeys was named in a lawsuit arising from a dispute between a city and a developer regarding compliance with an affordable housing agreement. The developer countersued and included HouseKeys in the action. Based on HouseKeys’ documentation, testimony, and coordination with counsel, HouseKeys was dismissed from the case prior to final judgment. The court ultimately ruled in favor of the City, and the matter has since been resolved.

In 2024, HouseKeys was involved in a case initiated by a tenant following eviction for non-compliance with program requirements. HouseKeys provided documentation and testimony supporting the program’s enforcement actions. The court dismissed the tenant’s claims, and the matter was subsequently settled, including repayment of a portion of legal costs.

HouseKeys is not currently involved in any active litigation. Additional details can be provided upon request, subject to confidentiality considerations related to legal proceedings.

ITEM NO. 9.

ATTACHMENT 2 - REFERENCES

THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE PROPOSAL

BELOW MARKET PRICE ADMINISTRATIVE SERVICES
List three (3) references for work of a similar nature to the Services performed within the last five (5) years. Use additional sheets as necessary.

1. _________________________________ ____________________________ ___________ Name of Agency Agency Address
_________________________________ ________________________________________ Contact Name Contact Title
_________________________________ ________________________________________ Contact Telephone Contact Email Address
_________________________________ ________________________________________ Contract Period Contract Amount
___________________________________________________________________________ ___________________________________________________________________________ Description of services performed including costs.

2. _________________________________ ________________________________________ Name of Agency Agency Address
_________________________________ ________________________________________ Contact Name Contact Title
_________________________________ ________________________________________ Contact Telephone Contact Email Address
_________________________________ ________________________________________ Contract Period Contract Amount
___________________________________________________________________________ ___________________________________________________________________________ Description of services performed including costs.

3. _________________________________ ________________________________________ Name of Agency Agency Address
_________________________________ ________________________________________ Contact Name Contact Title
_________________________________ ________________________________________ Contact Telephone Contact Email Address
_________________________________ ________________________________________ Contract Period Contract Amount
City of Morgan Hill 17575 Peak Avenue, Morgan Hill, CA 95037 John Lang Housing and Economic Mobility Director
408-310-4637 [email protected]
2015 to Present (Latest 6/27/24 to 6/30/28) $2,489,095
Homeownership, Rental, and Community Finance programs. Full Service Program Administrator providing end-to-end administration across all three inventory types from new construction pipeline to portfolio asset management.

City of Mountain View 500 Castro St, Mountain View, CA 94041 Anna Reynoso Housing Program Lead
650-903-6475 [email protected]
2022 to Present (Latest 6/1/25 to 6/30/26) $150,000 Annual City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020
Christie Thomas Housing and Community Services Manager
408-846-0209 [email protected]
2017 to 6/30/2026 (former client) $180,000 Annual
Homeownership and Rental. Full Service Program Administrator providing end-to-end administration across all three inventory types from new construction pipeline to portfolio asset management.

ITEM NO. 9.
___________________________________________________________________________ ___________________________________________________________________________ Description of services performed including costs.

I hereby certify that the Proposer performed the work listed above. _____________________ ______________________ ____________________ Signature of Proposer Name Date
Homeownership, Rental, and Community Finance Programs. Full Service Contract.

Term ends June 30, 2026.

Julius Nyanda 3/30/26

ITEM NO. 9.

7. Preliminary Fee Schedule
Preliminary Fee Schedule
HouseKeys proposes a full-service annual contract model for the administration of the Town’s Below Market Price (BMP) Program. This model provides comprehensive coverage across administration, ownership and rental activity, compliance, and customer service, while maintaining a single point of accountability and avoiding fragmented, task-based billing.

The proposed annual fee for full-service administration is:
$150,000 per year
This fee is inclusive of all labor, coordination, reporting, meetings, site visits, and routine program administration activities required to operate the Town’s BMP Program.

Scope-Based Cost Allocation (For Reference Only)
The following allocation illustrates how resources are distributed across program functions. These categories are not billed separately but reflect the structure of the full-service model.

1. Ownership Program Administration and Asset Management — 35% ($52,500) • Resale transactions and coordination
• Refinancing, subordination, and payoff requests
• Default, foreclosure, probate, and loss mitigation cases • Homeowner support and long-term compliance

2. Program Administration and Customer Service — 25% ($37,500) • Applicant intake and waitlist management
• Program communications (phone, email, web)
• Coordination with Town staff
• Semi-annual reporting

3. Rental Program Administration and Compliance — 20% ($30,000) • Lease-up and vacancy coordination
• Tenant eligibility verification
• Annual compliance and rent monitoring
• Property manager coordination

4. File Operations and Underwriting Support — 10% ($15,000) • File preparation and document collection
• Applicant file packaging and workflow management

ITEM NO. 9.

• Underwriting coordination

5. Program Oversight, Reporting, and System Support — 10% ($15,000) • Program oversight and escalation management
• Reporting dashboards and performance tracking
• Platform maintenance and continuous improvements
Transaction-Based Fee Structure (Supplemental)
In addition to the annual contract, HouseKeys maintains a standardized fee schedule for transaction-based services . These fees are typically paid by participating parties and may offset program costs to the Town.

Examples include:
• Rental unit processing fees (up to $1,500 per lease, typically paid by developers) • Rental compliance recertification fees (up to $150 per unit, typically paid by property owners) • Ownership resale transaction fees (structured as a percentage of sales price) • Loan processing and refinance fees (paid by homeowners or lenders) HouseKeys has historically waived or adjusted certain fees depending on program structure and Town preferences, particularly for smaller portfolios or where policy goals warrant flexibility.

Approach to Cost Structure
This combined structure allows the Town to:
• Maintain predictable annual costs
• Reduce administrative burden through a single accountable partner • Benefit from supplemental transaction-based revenue streams where applicable • Ensure that both routine administration and complex casework are supported without requiring separate contracts or incremental billing
The proposed fee reflects alignment with HouseKeys’ full-service model for jurisdictions managing ownership and rental portfolios, including the increasing complexity of long-term asset management and compliance.

ITEM NO. 9.

HOUSEKEYS STANDARD FEE SCHEDULE (2026-2027)
Only used with HouseKeys Agency Contracts
# Description Fee1 Fee Cap / Max Billed To
1 Rental Unit Processing Fee
(New Construction/Existing
Vacancies)
1/3rd of Agreed Fee Due Up-Front on
New Construction Projects
Up to $1,500.00 per
lease transaction
Up to $1,500
per lease
transaction
Developer
[Agreement]
2 Rental Annual Compliance
Recertification Process Fee
(100% of resident files)
Up to $150 per unit Up to $150 per unit Developer
[Agreement]
3 Project-level Annual Review No fee No fee No fee
4 Tenant-level Annual Review
(10% of resident files)
No fee No fee No fee
5 Loan Processing
Transaction Fee
$1,250.00 per
transaction2
$1,250.00 per
transaction
Owner / Lender
6 Refinance & Document
Processing Fee
$500 per
transaction2
$500 per
transaction
Homeowner
[Agreement]
7 New Ownership Sales
Transaction Fee
Based on
Income
Category
Moderate
$12,500
Low
$7,500
Very Low or Lower
$5,000
Developer
[Agreement]
8 Ownership Resale Transaction
Fee (Full Service w/
distribution to homeownerchosen listing agent and an
assigned buyer’s agent)
6% of
New Sales Price
Maximum
$36,000.00
Homeowner /
Added to Sales
Price [Agreement]
with payouts to
Listing and Sales
Agent
9 Resale Facilitation Fee
(Homeowner Chooses their
own Agent and runs the
process independently)
Subject to Restriction
Agreement
$2,500 Taken from Excess
Proceed due to City
(if available)
10 Acquisition and Ownership
Resale / Rehab Transaction
Fee
5% of Resale
Restriction Price
plus 5% of
New Sales Price
Maximum
$60,000.00
Homeowner /
Added to Sales
Price [Agreement]
11 Billing Rate for Projects
Outside of Contract Scope
$250.00 / hour $250.00 / hour Up-Front
Scope /
Agency
12 E-Certification of Eligibility
(Coming Soon)
$25 $25 Direct-toConsumer
1 All Fees will be considered new fees. Any legacy legal agreements with fee structures written in the recorded documents will be honored and a discount will be applied, provided HouseKeys agrees.

ITEM NO. 9.

ATTACHMENT 1 - CONFLICT OF INTEREST STATEMENT

THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE PROPOSAL

BELOW MARKET PRICE ADMINISTRATIVE SERVICES
The undersigned declares:

I/We ___________________________ (Insert Name) have the following financial, business, or other relationship with Town of Los Gatos that may have an impact upon the outcome of the contract. If none, please specify that no other relationships may have an impact on this contract or Project.

I/We (Insert Name) have the following current clients who may have a financial interest in the outcome of this contract. If none, please specify that no other clients may have a financial interest with an impact on this contract or Project.

Pursuant to Government Code section 1090 and any other laws, rules and regulations that may apply, the Proposer covenants that neither it, its subcontractors nor employees presently have an interest, and shall not acquire any interest, direct or indirect, financial or otherwise that would conflict in any manner or degree with contract awarded from this RFP. Proposer certifies that to the best of its knowledge, no one who has or will have any financial interest in the contract awarded from this RFP is an officer or employee of the Town. Through its submittal of a proposal, Proposer acknowledges that it is familiar with Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California and will immediately notify the Town if it becomes aware of any facts concerning the contract to be awarded that constitute a violation of said provisions.

Furthermore, if there is reason to believe that collusion exists among the Proposers, the Town may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same HouseKeys Inc.

No other relationships have an impact on this contract or Project.

HouseKeys Inc.

No other clients have an impact on this contract or Project

ITEM NO. 9.
work unless alternate proposals are called for. A person, firm, or corporation who has submitted a subproposal to a Proposer, or who has quoted prices on materials to a Proposer, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Proposers. Reasonable ground for believing that any Proposer is interested in more than one proposal for the same work will cause the rejection of all proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among the Proposers, the Town may refuse to consider proposals from participants in such collusion. Proposers shall submit as part of their proposals documents the completed Non-Collusion Declaration provided herein.

I, on behalf of the Proposer, declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________________ [date], at ___________________[city], _______________[state]. _________________________________ ___________________________________ Proposer Name (Person, Firm, Corp.) Title of Authorized Representative _________________________________ __________ _________________________ Address Name of Authorized Representative
_________________________________
City, State, Zip
________________ ___________________________________
(Date) (Signed)
30th of March 2026
San Ramon California
HouseKeys Inc. CEO
111 Deerwood Road, Suite 200 Julius Nyanda, CEO, HouseKeys, Inc.

San Ramon, CA 94583
3/30/2026

ITEM NO. 9.

Strategy and
Execu�on to focus on
a combined Hi-Tech &
Hi-Touch approach to
Program
Administra�on
Operations Cohort
Customer
Service
Dedicated Front-Line
Customer Service
Team, Email & Phone
Management
Title: Customer
Service Specialist
Technology &
Data Team
Design, Build, and
Support the
Proprietary So�ware
-Driven HouseKeys
Program
Opera�ng System
(HouseKeys OS)
Kimberly
Aranda
Charish
Bravo
Irene
Laguna
Stephen
Basa
Roseville Cohort #1
September 2025
4 to 6 Teammates working daily with assigned files
Program Design, Account
Management, and
Rela�onship Management
serving a network of:

Julius Nyanda
Christopher
Jue
Kunal Bohra
CEO
Director,
Opera�ons
& Marke�ng
Chief
Technology
Officer
HouseKeys
Organizational
Design and
Structure
Mandy Israde
Opera�ons Manager
Martin Vergara
Program Underwriter
Daniel De La Torre
Customer Service &
Outreach Manager
Andrew Stebbins
Associate Marke�ng &
Communica�ons Manager
John Ash
Real Estate Project Manager
Kamala Loving
Program Underwriter
Christina Enriquez
Asset & Transac�on
Manager
Local Government
Agencies
Developer / Homebuilders
Property Managers
Real Estate Agents
Loan Officers
Housing Counselors
Nathan Hermen
Lead Engineer
Sanjay V
Infrastructure
& Security
Vincci Wu
Product Designer
Henry Mann
Front-End Engineer
Parash Maharjan
Quality Assurance
Engineer
Executive
Leadership
Lead
Administration

ITEM NO. 9.

PREPARED BY: Alexa Nolder
Administrative Technician
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: 05/19/2026
ITEM NO: 10
DATE: May 14, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Five-Year Agreement with W.

Jeffrey Heid, Landscape Architect, to Provide Landscape Architecture Consultant Services to the Town.

RECOMMENDATION: Authorize the Town Manager to execute an agreement with W.

Jeffrey Heid, Landscape Architect, to provide landscape Architecture consultant services to the Town.

FISCAL IMPACT:

When a development project requires review of its landscaping plans under the Water Efficient Landscape Ordinance (WELO), that review is performed by a licensed landscape architect, and the cost is paid by the project applicant. The typical consultant review deposit for a singlefamily home is $2,000.00. The actual cost is based on the scope of work and the consultant’s fee schedule (see Attachment 1, Exhibit A). These services do not result in a direct cost to the Town’s General Fund or other Town operating funds. Costs are fully recovered through applicant deposits and fees.

STRATEGIC PRIORITY:

This action is not associated with a strategic priority.

BACKGROUND:

In 1992, the Town adopted a Water Efficient Landscape Ordinance (WELO) pursuant to State requirements. As required by the State, landscape plans subject to review under WELO, are required to be reviewed by licensed professionals.

ITEM NO. 10.

PAGE 2 OF 3
SUBJECT: Landscape Architecture Consulting Services Agreement DATE: May 14, 2026
The Town distributed a Request for Proposal (RFP) on March 2, 2026, and received three proposals from Landscape Architecture consultants. Through the selection process, Mr. Heid was chosen to continue to serve as the Landscape Architecture consultant for the Town, based on the quality of the proposal, the cost to provide services, and past services provided.

DISCUSSION:

The Landscape Architecture Consultant serves in a similar capacity to other Town peer review Consultants, such as architects, arborists, and geotechnical and environmental consultants.

Typical
Landscape Architecture Consultant tasks include the following:
 Working on special studies or projects, including: preparation of a checklist for required content for landscape plans and irrigation reports for application pages; and  Evaluating landscape and irrigation plans for development proposals for conformance with the WELO, including review of: landscape water budget components; soil assessment and management; landscape maintenance; identifying recommendations and conditions of approval for landscape water reduction; and project monitoring.

Mr. Heid has been a licensed Landscape Architect in the State of California since 1982, and a certified Landscape Irrigation Auditor since 1987. He has made it a priority to stay current with updates to the WELO, including changes that are forthcoming from the Department of Water Resources, with continuing education. Since 2011, he has performed over 160 landscape plan reviews for the Town and has been providing auditing services for certain projects upon request.

CONCLUSION:

Staff recommends that the Town Council authorize the Town Manager to execute an agreement (Attachment 1) with W. Jeffrey Heid, Landscape Architect, under the direction of the Director of Community Development.

COORDINATION:

This report has been coordinated with the Town Manager’s Office, Town Attorney’s Office, and the Finance Department.

ENVIRONMENTAL ASSESSMENT:

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

ITEM NO. 10.

PAGE 3 OF 3
SUBJECT: Landscape Architecture Consulting Services Agreement DATE: May 14, 2026
Attachments:

1. Draft Agreement with W. Jeffrey Heid with Exhibit A, Fee Schedule

2. Consultant Proposal for W. Jeffrey Heid

ITEM NO. 10.

This Page
Intentionally
Left Blank

ITEM NO. 10.

AGREEMENT FOR PROFESSIONAL SERVICES

Agreement for Professional Services
W. Jeffrey Heid
W. Jeffrey Heid Agreement

PREAMBLE
THIS AGREEMENT is by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and W. Jeffrey Heid (“Consultant”), a sole proprietor, whose address is 1465 Winzer Place, Gilroy, CA 95020. This Agreement is made with reference to the following facts.

I. RECITALS
A. Town desires to engage Consultant to provide consulting landscape and irrigation auditor professional services.

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 July 1, 2026 to June 30, 2031.

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 as required in 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 Page 324
ITEM NO. 10.

Agreement for Professional Services
W. Jeffrey Heid
F. Compensation. Compensation for Consultant's professional services shall not exceed 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 Consultant. 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 consultant and not an agent or employee of the Town. As an independent consultant 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

ITEM NO. 10.

Agreement for Professional Services
W. Jeffrey Heid
and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

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 one million dollars ($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 and 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.

ITEM NO. 10.

Agreement for Professional Services
W. Jeffrey Heid

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, or 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.

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, 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. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation.

The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties. In the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw. The cost of mediation shall be borne equally by the parties.

Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

D. 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

ITEM NO. 10.

Agreement for Professional Services
W. Jeffrey Heid
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.

E. 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.

F. 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
W. Jeffrey Heid
1465 Winzer Place
Gilroy, CA 95020
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

G. 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.

H. 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.

ITEM NO. 10.

Agreement for Professional Services
W. Jeffrey Heid
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

TOWN OF LOS GATOS: CONSULTANT: Enter name of Consultant **signature_94577**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_94577**

DATE SIGNED
**signature_94578**

SIGNATURE
W. Jeffrey Heid

ENTER CONSULTANT SIGNATORY'S NAME
Owner

ENTER CONSULTANT SIGNATORY'S TITLE
**date_signed_94578**

DATE SIGNED
Approved as to form:
**signature_94579**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_94579**

DATE SIGNED
Attest:
**signature_94579**

SIGNATURE
Wendy Wood

FULL NAME
CMC, Town Clerk
TITLE
**date_signed_94579**

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

ITEM NO. 10.

Timeline
I will be the project manager and only person involved in providing plan check and auditing services. As I am self-employed, I am able to manage my schedule as needed to provide these services within the required 10-day time frame.

When a new project is received, I typically review the plans briefly for completeness and return the signed Authorization the same or next day. I then schedule a site visit within the next two to three days and then begin my plan review.

The number of hours to complete a plan check review depends on the size and complexity of the project. The amount of time needed is also determined on whether corrections are required and if a second or third review of the plans are required based on the findings of the initial plan check.

Samples of Work/References
Attached are three examples of WELO plan checks along with one audit report. I also include Attachment 2 for Reference.

Disclosure of Litigation/Discipline
I am not now, nor have I ever been involved in any litigation or disciplinary measures for my work as either a Landscape Architect or Certified Landscape Irrigation Auditor.

Insurance Coverage
Included here is the current Certification of Insurance I have naming the Town of Los Gatos as the holder. I also include a copy of my current vehicle insurance policy. As noted earlier in this RFP, I do not need to carry workmen’s compensation.

Preliminary Fee Schedule
For a relatively simple single-family residence with full approval based on the initial application, I typically average between five and six hours for site visit, plan review and report. For more complex projects which require corrections and a second review, the hours have increased to 9- 12 hours. My fee is based on a modified hourly rate of $175.00. This is an increase since 2021 of $25.00/hour. With the fixed plan check fee program the Town of Los Gatos has, I don’t believe I have ever needed the full amount of the allotted fee to complete a review.

Typical Services Summary (based on $175.00/hour)
• Download of plans, signing of authorization form and brief review of plans:
(averages between 0.5 – 1.5 hours) $87.50 - $262.50
• Site visit with travel to and from and on-site time:
(averages between 2.0 – 2.5 hours) $350.00 - $437.50

EXHIBIT A

ITEM NO. 10.
• Plan review, calculations, and plan markup:
(averages between 1.5 – 5 hours) $262.50 - $875.00
• Preparation of preliminary or final plan check report:
(averages 0.5 to 1.0 hours) $87.50 - $175.00
Average total hours required: (4.5 – 10.0 hours) $787.50 - $1,750.00 Additional time as needed:
• Download of modified plans and plan check:
(averages between 0.5 and 3.0 hours) $87.50 - $525.00
• Preparation of final plan check report:
(averages 0.5 - 1.0 hours) $175.00
Average total additional hours required: (1.0 – 4.0 hours) $175.00 - $700.00 For auditing services, I require that the approved plans be sent to me prior to scheduling the audit and that the contractor who installed the work be present at the field audit. Scheduling of the field audit can be influenced by the availability of the contractor and access to the site. I use a fixed fee program for this service which is based on anticipated time in the field, preparation of my report and whether a second visit is necessary to review any corrections. My fee has averaged between $750.00 and $1,250.00 depending on number of site visits and project size.

For special projects, I am happy to provide whatever is needed. I have previously been asked by planning staff to help in their understanding of the ordinance through a brief presentation and Q & A time. For this type of service, I do not charge for my time.

Thank you,
W. Jeffrey Heid Date
Landscape Architect
Certified Irrigation Consultant
3/5/26

ITEM NO. 10.

W. JEFFREY HEID/LANDSCAPE ARCHITECT
1465 Winzer Place, Gilroy, Ca. 95020
408 691-5207 [email protected]
March 5, 2026
Town of Los Gatos
Community Development Department
Planning Division
110 E. Main Street
Los Gatos, Ca. 95030
Re: RFP – Town of Los Gatos – WELO Proposal
(For Plan Review and Auditing Services in Compliance with the MWELO) To the Planning Division of the Town of Los Gatos:

Thank you for the opportunity to provide this letter of interest for this position with the Town of Los Gatos. This is a position I have held for the past 14 years and am interested in continuing to provide these services.

Conservation of our natural resources is something I have been interested in my entire career, with water conservation being as critical now as it has been the past 50 years. As we experience periodic drought cycles and more demands on our water resources, it is more important than ever that we as landscape professionals, as well as business and homeowners, be good stewards when it comes to conserving water.

Through good landscape design and enforcement of the MWELO, the public is not only better educated and informed, but landscapes are more successful.

Another critical influence is the increasing number of wildfires. Landscape designs, especially within Wildland Urban Interface zones, must also address current and evolving protection measures. The built landscape must focus on, and be a part of our review and approval process.

In my review of the town’s contract template as presented within the RFP, it is acceptable to this office with no exceptions or change requests to the contract provisions.

I would be happy to answer any questions and provide additional information upon request.

Regards,
W. Jeffrey Heid
Landscape Architect
Certified Irrigation Auditor
ATTACHMENT 2

ITEM NO. 10.

ITEM NO. 10.

ITEM NO. 10.

ITEM NO. 10.

Town of Los Gatos – WELO Proposal

TABLE OF CONTENTS

LANDSCAPE ARCHITECT AND IRRIGATION AUDITOR CONSULTING SERVICES Prepared by W. Jeffrey Heid Landscape Architect/Certified Irrigation Consultant March 5, 2026
1) Cover Letter
2) Certification Forms – Attachments 1 and 3
3) Project Approach/Scope of Services
4) Experience and Expertise
5) Qualifications
6) Timeline
7) Samples of Work/References
a. Los Gatos Lodge
b. Los Gatos Green
c. Englewood/Wayman Residence
d. Friedman Audit
e. Attachment 2
8) Disclosure of Litigation/Discipline
9) Insurance Coverage
a. General Liability Policy
b. Vehicle Policy
10) Preliminary Fee Schedule

ITEM NO. 10.

Certification Forms
Included here are the completed certification forms as required by the Town of Los Gatos. In reference to each form:

Attachment 1 – Conflict of Interest
I have not and do not have any financial, business or other relationships with the Town of Los Gatos which would impact my providing these services. Each year I complete and submit California Form 700, stating that I do not have any economic interests with the Town of Los Gatos.

Attachment 2 – References
I include three references, which include the Town of Los Gatos and City of Saratoga where I currently provide WELO plan checking services. I also include a private company whom I have provided landscape auditing services.

Attachment 3 – Insurance Coverage
I renew annually a general liability policy through The Hartford Group and directly through Schenone Insurance Services which identifies the Town of Los Gatos as a certificate holder.

I am self-employed and have no employees, thus I do not carry Workmen’s Compensation insurance.

My vehicle insurance is through Mercury Insurance and is also directly through Schenone Insurance services.

ITEM NO. 10.

Project Approach/Scope of Services
My role as WELO Plan Checker is to make sure that the intent of the landscape and irrigation designs meet and are in compliance with the requirements of the Water Efficient Landscape Ordinance and Town of Los Gatos. Unless it affects compliance, it is not my role to comment on the applicant’s design approach or to impress my own personal design philosophies.

For each project I first visit the site to get a better understanding of sun/shade issues, slope, existing trees, etc., all of which can influence a design. This can be key in my understanding the designer’s approach when it comes to working with native trees and landscaping, neighboring properties, as well as wildland fire protection and proposed defensible spaces where appropriate.

I am always open to speaking with an applicant or designer about the WELO requirements prior to their submission of plans. Either to answer any questions about what is expected or for me to better understand their approach with the landscape design.

My approach with all plan checks includes:
1) Initial review of all drawings in the plan set to confirm that the submittal documents are complete.
2) A review of the proposed landscaped area to confirm or determine whether it qualifies for a Prescriptive compliance, or must meet the Performance method of compliance. 3) Check of the proposed plant palette to confirm that the WUCOLS, or water need, rating of all plants has been provided.
4) Mark up of the planting plan to identify the location of low, water and medium water need plants, and to look for any conflicts with mixed water need groupings. 5) Review of the proposed hydrozones to see that they match with the proposed plant palette and water need mix.
6) Review of the water budget calculations for the performance method to see that the calculations are correct.
7) Review of the irrigation design to confirm that the proposed equipment and application methods conform to the WELO requirements and the size of the project. 8) Verification that any special landscape areas, gardens, pools, water features, artificial turf, gray water use, etc. are appropriately defined and identified. 9) Check that a soil management report and/or notes referencing soil preparation are included.
10) If the project is within a wildland urban interface zone, to review and comment on proposed wildfire defense measures.
11) Preparation of a plan check report identifying either compliance with the WELO, or corrections which must be made to the plans. Forward to the project planner via email. 12)Review of modified plans as needed, based on initial plan check comments and compliance.

If a project has been deemed incomplete, or requires corrections, I am happy to go over what is needed with the applicant before they resubmit modified plans.

ITEM NO. 10.

Experience and Expertise
In my private practice as a Landscape Architect, I also must address the local and state WELO requirements through my designs in other Bay Area cities. It is here where I have found different, and sometimes more challenging interpretations of the ordinance, requiring that I have flexibility in my thinking and approach. This has helped me become better in my own design work, as well as in my review and interpretation of the work of other designers.

I have made it a priority to stay current with updates to the WELO and other related ordinances, including forthcoming modification to the WELO from the Department of Water Resources. I attend various educational seminars which most recently includes: the Valley Water Landscape Summit; review of AB 1572 regarding proposed lawn restrictions; Firescape training, along with an annual MWELO for Plan Checkers and Inspectors training as presented by Rescape California. All these are very current topics and critical to the recent environmental changes we are seeing in California.

Over the past 14 years I have prepared over 160 WELO plan checks for the Town of Los Gatos.

In addition to the Town of Los Gatos, I perform similar services for the City of Saratoga. I also provide field auditing services for homeowners, builders and contractors throughout the Bay Area and prepare written audit reports as a third party.

Recent project examples in the Town of Los Gatos include:

Sisters Court Neighborhood La Terra Ct. Neighborhood
Los Gatos Lodge Property 15349 – 15367 Los Gatos Boulevard 983 University Avenue Santella Drive Neighborhood
Various Single-Family Homes
Qualifications
I have been licensed as a Landscape Architect in the State of California since 1982. I was originally certified as a Landscape Irrigation Auditor back in 1987. This was renewed in 2008 and every year since through the Irrigation Association.

W. Jeffrey Heid/Landscape Architect #2235
408 691-5207 [email protected]
Certified Landscape Irrigation Auditor through the Irrigation Association Bay Friendly/Rescape California Certified
EPA WaterSense Partner and QWEL
Town of Los Gatos and City of Saratoga references:

Sean Mullin/Town of Los Gatos
Erin Walters/Town of Los Gatos
Chris Riordan/City of Saratoga 408 868-1235
Cindy McCormick/City of Saratoga 408 868-1232
John Cherbone/City of Saratoga 408 868-1241

ITEM NO. 10.

Timeline
I will be the project manager and only person involved in providing plan check and auditing services. As I am self-employed, I am able to manage my schedule as needed to provide these services within the required 10-day time frame.

When a new project is received, I typically review the plans briefly for completeness and return the signed Authorization the same or next day. I then schedule a site visit within the next two to three days and then begin my plan review.

The number of hours to complete a plan check review depends on the size and complexity of the project. The amount of time needed is also determined on whether corrections are required and if a second or third review of the plans are required based on the findings of the initial plan check.

Samples of Work/References
Attached are three examples of WELO plan checks along with one audit report. I also include Attachment 2 for Reference.

Disclosure of Litigation/Discipline
I am not now, nor have I ever been involved in any litigation or disciplinary measures for my work as either a Landscape Architect or Certified Landscape Irrigation Auditor.

Insurance Coverage
Included here is the current Certification of Insurance I have naming the Town of Los Gatos as the holder. I also include a copy of my current vehicle insurance policy. As noted earlier in this RFP, I do not need to carry workmen’s compensation.

Preliminary Fee Schedule
For a relatively simple single-family residence with full approval based on the initial application, I typically average between five and six hours for site visit, plan review and report. For more complex projects which require corrections and a second review, the hours have increased to 9- 12 hours. My fee is based on a modified hourly rate of $175.00. This is an increase since 2021 of $25.00/hour. With the fixed plan check fee program the Town of Los Gatos has, I don’t believe I have ever needed the full amount of the allotted fee to complete a review.

Typical Services Summary (based on $175.00/hour)
• Download of plans, signing of authorization form and brief review of plans:
(averages between 0.5 – 1.5 hours) $87.50 - $262.50
• Site visit with travel to and from and on-site time:
(averages between 2.0 – 2.5 hours) $350.00 - $437.50

ITEM NO. 10.
• Plan review, calculations, and plan markup:
(averages between 1.5 – 5 hours) $262.50 - $875.00
• Preparation of preliminary or final plan check report:
(averages 0.5 to 1.0 hours) $87.50 - $175.00
Average total hours required: (4.5 – 10.0 hours) $787.50 - $1,750.00 Additional time as needed:
• Download of modified plans and plan check:
(averages between 0.5 and 3.0 hours) $87.50 - $525.00
• Preparation of final plan check report:
(averages 0.5 - 1.0 hours) $175.00
Average total additional hours required: (1.0 – 4.0 hours) $175.00 - $700.00 For auditing services, I require that the approved plans be sent to me prior to scheduling the audit and that the contractor who installed the work be present at the field audit. Scheduling of the field audit can be influenced by the availability of the contractor and access to the site. I use a fixed fee program for this service which is based on anticipated time in the field, preparation of my report and whether a second visit is necessary to review any corrections. My fee has averaged between $750.00 and $1,250.00 depending on number of site visits and project size.

For special projects, I am happy to provide whatever is needed. I have previously been asked by planning staff to help in their understanding of the ordinance through a brief presentation and Q & A time. For this type of service, I do not charge for my time.

Thank you,
W. Jeffrey Heid Date
Landscape Architect
Certified Irrigation Consultant
3/5/26

ITEM NO. 10.

W. JEFFREY HEID/LANDSCAPE ARCHITECT
1465 Winzer Place, Gilroy, Ca. 95020
408 691-5207 [email protected]
October 22, 2025
Town of Los Gatos
110 E. Main Street
Los Gatos, CA. 95031
Attn: Sean Mullin
Re: 50 Los Gatos-Saratoga Road
Landscape/WELO Documentation Package Review
Dear Sean,
I have reviewed the landscape plans for this project, as prepared by Van Dorn Abed, Landscape Architects, dated 7/31/25. My review is based on the State of California Model Water Efficient Landscape Ordinance (MWELO – Effective December 1, 2015) and Town of Los Gatos requirements. Based on this version of the ordinance and my review of the plans provided, I find the application to be incomplete at this time. There are some very minor items which need to be addressed along with a more important issue. The applicant needs to update the landscape plans as follows:
1) There are a couple instances where medium water need plants are located within a low water need hydrozone. Control valve circuits A 25 and A 28 are specific examples. The medium need plants in these zones (Carex pansa and Zantedeschia aethiopica) shall be removed from these zones.
2) A mix of low and medium water need trees may be irrigated via the same circuit, but not very low and medium trees. There are a number of instances where as an example, very low Cercis occidentalis is on the same circuit as medium Lophostemon confertus, or very Quercus agrifolia is with medium Gingko bioloba. These shall be separated, or a change in the tree variety made to be more compatible.
3) Provide a basic irrigation schedule as required by the WELO.

A) Prior to final approval of the project, a Certificate of Completion shall be submitted to the Town of Los Gatos. This shall include:
a. Irrigation audit and report of the installed landscape, prepared by a third party. b. A reduced and waterproofed copy of the irrigation plan located within each controller box.
c. All completion forms filled out and signed.

Modifications to the plans shall be clouded with a revision date and a letter included identifying the changes made. Questions may be addressed to my office at 408 691-5207, or [email protected].

Regards,
W. Jeffrey Heid/Landscape Architect
Certified Landscape Irrigation Auditor Page 342
ITEM NO. 10.

W. JEFFREY HEID/LANDSCAPE ARCHITECT
1465 Winzer Place, Gilroy, Ca. 95020
408 691-5207 [email protected]
October 22, 2025
Town of Los Gatos
110 E. Main Street
Los Gatos, CA. 95031
Attn: Sean Mullin
Re: 50 Los Gatos-Saratoga Road
Landscape/WELO Documentation Package Review
Dear Sean,
I have reviewed the modified landscape plans for this project, as prepared by Van Dorn Abed, Landscape Architects, dated 11/7/25. Based on my initial review dated October 22, 2025 and these revised plans, I find the WELO application to be complete.

A) Prior to final approval of the project, a Certificate of Completion shall be submitted to the Town of Los Gatos. This shall include:
a. Irrigation audit and report of the installed landscape, prepared by a third party. b. A reduced and waterproofed copy of the irrigation plan located within each controller box.
c. All completion forms filled out and signed.

Questions may be addressed to my office at 408 691-5207, or [email protected].

Regards,
W. Jeffrey Heid/Landscape Architect
Certified Landscape Irrigation Auditor

ITEM NO. 10.

W. JEFFREY HEID/LANDSCAPE ARCHITECT
1465 Winzer Place, Gilroy, Ca. 95020
408 691-5207 [email protected]
October 27, 2025
Town of Los Gatos
110 E. Main Street
Los Gatos, CA. 95031
Attn: Sean Mullin
Re: 15349-15367 Los Gatos Blvd./Los Gatos Green
Landscape/WELO Documentation Package Review
Dear Sean,
I have reviewed the landscape plans for this project, as prepared by Roach and Campbell, Landscape Architects, dated 6/4/25. My review is based on the State of California Model Water Efficient Landscape Ordinance (MWELO – Effective December 1, 2015) and Town of Los Gatos requirements. Based on this version of the ordinance and my review of the plans provided, I find the application to be incomplete. The following items shall be addressed by the applicant:
1) While the majority of the proposed planting and hydrozones appear to medium water need, please identify the hydrozone locations on the planting plan and note which irrigation valves correspond to each zone.
2) Spray and rotor type sprinkler heads may not be placed within 24” of an impervious surface such as walks. Please either relocate the heads or provide information that the adjacent pavement slopes towards the lawn or retention zone. 3) While a soil fertility analysis has been required in the project specifications, add the following note to the plan, (“Incorporate 4 cy of approved compost per 1000 sf, 6” into native soil, unless otherwise dictated by the soils analysis.”) 4) Provide a general landscape maintenance schedule on the plan.

A) Prior to final approval of the project, a Certificate of Completion shall be submitted to the Town of Los Gatos. This shall include:
a. Irrigation audit and report of the installed landscape, prepared by a third party. b. A reduced and waterproofed copy of the irrigation plan located within each controller box.
c. All completion forms filled out and signed.

The applicant shall cloud all revisions to the plan and provide a detailed response letter.

Questions may be addressed to my office at 408 691-5207, or [email protected].

Regards,
W. Jeffrey Heid/Landscape Architect
Certified Landscape Irrigation Auditor Page 344
ITEM NO. 10.

W. JEFFREY HEID/LANDSCAPE ARCHITECT
1465 Winzer Place, Gilroy, Ca. 95020
408 691-5207 [email protected]
November 26, 2025
Town of Los Gatos
110 E. Main Street
Los Gatos, CA. 95031
Attn: Sean Mullin
Re: 15349-15367 Los Gatos Blvd./Los Gatos Green
Landscape/WELO Documentation Package Review
Dear Sean,
I have reviewed the modified landscape plans for this project, as prepared by Roach and Campbell, Landscape Architects with a revision date of 11/5/25. Based on my previous WELO review dated 10/27/25 and these revised plans, I find the WELO application to be complete.

Prior to final occupancy, a Certificate of Completion shall be submitted to the Town of Los Gatos. This shall include:
a. Irrigation scheduling parameters used to set the controller. b. Irrigation audit report, prepared by a third party.
c. A diagram of the irrigation plan showing the hydrozones, which shall be kept with the controller.

Any questions can be directed to me at [email protected], or 408 691-5207.

Regards,
W. Jeffrey Heid/Landscape Architect
Certified Landscape Irrigation Auditor
1)

ITEM NO. 10.

W. JEFFREY HEID/LANDSCAPE ARCHITECT
1465 Winzer Place, Gilroy, Ca. 95020
408 691-5207 [email protected]
May 13, 2025
Town of Los Gatos
110 E. Main Street
Los Gatos, CA. 95031
Attn: Maria Chavarin
Re: 16457 Englewood Avenue/Wayman Residence
Landscape/WELO Documentation Package Review
Dear Maria,
I have reviewed the landscape plans for this project, as prepared by Contour Landscape Architecture, dated 6/20/24. My review is based on the State of California Model Water Efficient Landscape Ordinance (MWELO – Effective December 1, 2015) and Town of Los Gatos requirements. Based on this version of the ordinance and my review of the plans provided, I find the application to be incomplete at this time. The applicant needs provide additional information and update the landscape plans as follows:
1) An irrigation plan shall be provided identifying the application methods and proposed equipment which meet the local and state WELO requirements. 2) A hydrozone plan shall be included which specifically notes the area each hydrozone covers. Please note that low and medium water need plants may be located in the same hydrozone, but the zone will be considered and calculated as the higher of the two. Also note that very low and medium water need plants may not be within the same zone. 3) A soil fertility analysis and soil preparation recommendations shall be provided to the Town of Los Gatos prior to planting.
4) Both the proposed Rose and Citrus are considered medium water need plants. As needed, the water budget shall be recalculated based on these updates. 5) Add the note, “Incorporate 4 cy of compost per 1000 sf, 6” into native soil unless otherwise dictated by the soil fertility analysis.” to the plan.

A) Prior to final approval of the project, a Certificate of Completion shall be submitted to the Town of Los Gatos. This shall include:
a. Irrigation audit and report of the installed landscape, prepared by a third party. b. A reduced and waterproofed copy of the irrigation plan located within each controller box.
c. All completion forms filled out and signed.

Questions may be addressed to my office at 408 691-5207, or [email protected].

Regards,
W. Jeffrey Heid/Landscape Architect
Certified Landscape Irrigation Auditor Page 346
ITEM NO. 10.

W. JEFFREY HEID/LANDSCAPE ARCHITECT
1465 Winzer Place, Gilroy, Ca. 95020
408 691-5207 [email protected]
October 9, 2025
Town of Los Gatos
110 E. Main Street
Los Gatos, CA. 95031
Attn: Maria Chavarin
Re: 16457 Englewood Avenue/Wayman Residence
Landscape/WELO Documentation Package Review
Dear Maria,
I have reviewed the recently modified landscape plans for this project (Sheets L 3 and L 5), as prepared by Contour Landscape Architecture, with no revision date on the plans, but the response letter is dated 9/22/25. Based on these revised plans and my previous plan check dated 9/4/25, there are still some items which need to be addressed. Thus, the application continues to be incomplete.
1) The response comments note that tree bubblers will not be used on the project, however, on sheet L 5 a note calls out for all trees 24” box size and larger to be irrigated with bubblers. Please provide clarity on which method is to be used as all trees are specified as 24” box.
2) The area of Festuca rubra proposed in the front yard appears to be irrigated via pop up spray heads, however, there is no specific product specified within the irrigation legend.

Please provide additional information.
3) Unless found on a detail on another sheet, please note/call out the proposed atmospheric vacuum breaker to match with the specified Irritrol control valves.

Questions may be addressed to my office at 408 691-5207, or [email protected].

Regards,
W. Jeffrey Heid/Landscape Architect
Certified Landscape Irrigation Auditor

ITEM NO. 10.

W. JEFFREY HEID/LANDSCAPE ARCHITECT
1465 Winzer Place, Gilroy, Ca. 95020
408 691-5207 [email protected]
November 5, 2025
Town of Los Gatos
110 E. Main Street
Los Gatos, CA. 95031
Attn: Maria Chavarin
Re: 16457 Englewood Avenue/Wayman Residence
Landscape/WELO Documentation Package Review
Dear Maria,
I have reviewed the recently modified landscape plans for this project (Sheets L 3 and L 5), as prepared by Contour Landscape Architecture, with no revision date on the plans, but the response letter is dated 10/24/25. Based on these revised plans and my previous two plan check dated 9/4/25 and 10/9/25, I find the WELO application to be complete.

A) Prior to final approval of the project, a Certificate of Completion shall be submitted to the Town of Los Gatos. This shall include:
a. Irrigation audit and report of the installed landscape, prepared by a third party. b. A reduced and waterproofed copy of the irrigation plan located within each controller box.
c. All completion forms filled out and signed.

Questions may be addressed to my office at 408 691-5207, or [email protected].

Regards,
W. Jeffrey Heid/Landscape Architect
Certified Landscape Irrigation Auditor

ITEM NO. 10.

Water Efficient Landscape Ordinance Tool Kit
WELO Tool Kit: Irrigation Audit Checklist Page 1 of 16

LANDSCAPE/IRRIGATION AUDIT REPORT
For:

FREIDMAN RESIDENCE
60 ADAM WAY, ATHERTON, CA. 94027
2/9/25
W. Jeffrey Heid/Certified Landscape Irrigation Auditor
408 691-5207 [email protected]

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 2 of 16
Audit Report
A site walk and review of the landscape installation was performed on 12/15/25. Present was a representative of Douglas Landscape.

Based on the approved landscape plans dated 11/14/24 as prepared by Kikuchi and Kankel Design Group, I find that the landscape installation meets the design and intent of those plans with the following observations.

General notes and observations:
• The planting area and plant numbers have been significantly reduced from the approved plans.

This was per the direction of the property owner. From my review of the plans, this change does not affect continued compliance with the WELO.
• Overall the installed plant material appear to be healthy and in good condition. • The mulch has been installed to the required depth around new planting and newly irrigated plant material and trees.
• No repairs or necessary adjustments to the irrigation system were found. • The controller and rain sensor were installed as specified. • A separate irrigation water meter, backflow preventers for both the city water source and well system, master valve and flow sensor valve have been installed. • Control valves for drip circuits are fitted with pressure reducer and filter. • Irrigation circuiting/hydrozoning appears to correctly meet with the approved layout and application methods.

Included with this report are general maintenance specifications. An irrigation schedule was provided by the project landscape architect located on the plans.

Questions may be addressed to my office at 408 691-5207 or [email protected] W. Jeffrey Heid
Certified Landscape Irrigation Auditor

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 3 of 16
Photo of controller assembly/Irritrol:

Rain sensor:

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 4 of 16
Irrigation submeter:

Isolation valve:

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 5 of 16
Flow sensor:

Backflow preventer for potable water source:

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 6 of 16
Backflow preventer for well system:

Control valves with pressure reducer and filter:

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 7 of 16
Drip Emitters:

In-line drip rings around trees:

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 8 of 16
Flush end valve for drip circuits:

Areas with reduced planting:

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 9 of 16
Mulch:

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 10 of 16

GENERAL MAINTENANCE SCHEDULE
Landscape Weekly Schedule:

Weekly Bi-Weekly Yearly As needed
Shrub and Tree Maintenance:

Trim x x
Weed x
Remove Litter and Leaves x
Add Bark Mulch x x
Backpack Blowing x
Fertilization:

Pre-Emergent Weed Control x
Disease Control x
Notes:

The following items are to be checked every week.
1) Prune back selectively any shrubs which overhang curbs or sidewalks. 2) Pruning to be done selectively and only as needed. No over pruning or shaping of shrubs into balls or hedges.
3) Removal of leaves and litter from plants, planters and driveway. 4) Removal of any broken or fallen branches from trees. 5) Removal of any weeds larger than 2”.
6) Add bark mulch which has been knocked or washed out of planter areas. 7) Sweep clean walkways, sidewalks, curbs and gutters.
8) Hand water any plants that are dry or stressed.

The following item is to be checked every month.
1) Activate and check irrigation system operation, coverage and condition and make repairs or adjustments as needed.

Failed Plants:

Shall be replaced according to the local city ordinance

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 11 of 16 Irrigation Audit Checklist
A. Project & Auditor Information
Inspection Date 12/15/25
Project Name Friedman Residence
Project Address 60 Adam Way, Atherton
Application Number
Irrigation Auditor Name W. Jeffrey Heid
Irrigation Auditor Company Landscape Irrigation Auditor Irrigation Auditor Address 1465 Winzer Place, Gilroy, Ca. 95020 Irrigation Auditor Phone Number 408 691-5207
Irrigation Auditor Email [email protected]
Auditor Certified by:

X Irrigation Association
EPA WaterSense program
Other:

Note: For large projects or projects with multiple landscape installations (i.e. production home developments), an auditing rate of 1 in 7 lots or approximately 15% satisfies the audit requirement.

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 12 of 16 B. Audit Report

APPLICA
NT

ITEM AUDITOR NOTES

PASS FAIL
x

1. Separate landscape customer service water meter or private submeter has been installed as applicable:
x  Hunter
submeter
 a. Non-residential projects: Greater than 1,000 sf landscape area   na x b. Residential projects: Greater than 5,000 sf landscape area x  x

2. The irrigation audit report includes:  
x a. System inspection x 
x b. Inspect for leaks x 
 c. System tune-up   na
 d. Test the operating pressure of the irrigation system   na  e. Test to determine distribution uniformity   na
 f. Test to determine precipitation rate of representative overhead irrigation valves
  na
x g. Confirm matched precipitation rates on valves with sprinkler heads, rotors and other emission devices
x 
 h. Report of any overspray or broken irrigation equipment   na  i. Report of overspray or run off that causes overland flow   na  j. Written recommendations to improve performance of the irrigation system
  na
x k. Preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming x  Provided by
Landscape
Architect
 l. Other:  

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 13 of 16 C. Irrigation Equipment

APPLICANT ITEM AUDITOR NOTES

PASS FAIL
x

1. Irrigation equipment is installed (location, type and size) as shown in the approved plans:
x  Some minor
equipment
changes
x a. Automatic controller is ET-based or soil moisture-based and includes: x  x I. Irrigation scheduling parameters x 
x II. Hydrozone map x 
x b. Sensors installed include rain, frost (if necessary) and wind sensors (if necessary)
x 
x c. Point of connection includes: x 
x I. Backflow prevention devices (if necessary) x  Yes, different manufacturer
x II. Manual shut-off valve (gate, ball, butterfly valve) x  x III. Master shut-off valve x 
x IV. Flow sensor for landscapes over 5,000 sf only x  x d. Valves (station) x 
x I. Flow rate (gpm) x 
x II. Application rates (in/hr) x 
x III. Design operating pressure: x 
x e. If static pressure is above or below required dynamic pressure of the system, pressure-regulating devices are installed
x 
x

2. Main and lateral lines x 
x

3. Sprinkler heads x 
 a. No spray heads within 24 inches of non-permeable surface  na  b. Sprinkler heads and other emission devices have matched precipitation rates
  na
 c. Swing joints or other riser protection provided in high traffic areas and areas near hardscape
  na
x

4. Low volume irrigation (drip, drip lines, and bubblers) is used in mulched planting areas (no spray irrigation) and in areas less than 10 feet wide x 
x

5. Slopes greater than 25% are irrigated with an application rate not exceeding

0.75 inches per hour
x 
x

6. Runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas are prevented x 
 7. Check valves or anti-drain valves are installed to prevent low head drainage   na x

8. Pressure regulating devices are used if the static water pressure at the connection of the public water system does not match the water pressure needs of the irrigation system
x 

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 14 of 16 D. Hydrozones

APPLICANT ITEM AUDITOR NOTES

PASS FAIL
x

1. Match on the landscape plan and irrigation plan x  Future zones provided
x

2. Are irrigated by valves with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use
x 
x

3. Trees are on separate valves x 
 4. Biotreatment areas are on separate valves   na
E. Water Features

APPLICANT ITEM AUDITOR NOTES

PASS FAIL
 1. Use recirculating water systems   na
 2. Use recycled water if available   na

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 15 of 16 F. Irrigation Schedules

APPLICANT ITEM AUDITOR NOTES

PASS FAIL
x

1. Irrigation schedules have been developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:
x  Schedule
provided on
plans
x a. Irrigation scheduling is regulated by automatic irrigation controllers x  x b. Overhead irrigation is scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it
x 
x c. Irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data
x 
x

2. The irrigation schedules have been developed to include the parameters used to set the automatic controller and are submitted for each of the following:
x 
x a. Plant establishment period x 
 b. Established landscape   na
 c. Temporarily irrigated areas   na
x

3. Each irrigation schedule includes the following that apply for each station (valve):
x 
x a. Irrigation interval (days between irrigation) x 
x b. Irrigation run times (hours or minutes per irrigation event to avoid runoff)
x 
x c. Number of cycle starts required for each irrigation event to avoid runoff
x 
x d. Amount of applied water scheduled to be applied on a monthly basis x  x e. Application rate setting x 
x f. Root depth setting x 
x g. Plant type setting x 
x h. Soil type x 
x i. Slope factor setting x 
x j. Shade factor setting x 
x k. Irrigation uniformity or efficiency setting x 

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 16 of 16 G. Reviewer Comments
I met with Jesus of Douglas Landscape to walk the project area. We reviewed the newly installed landscape and approved landscape plans. Out the outset, he told me that the Owner of the property decided not to plant everything at this time which had been identified on the landscape plans as prepared by Kikuchi and Kankel Design Group. Thus, my audit is based on both the approved plans and the changes which were made in the field.

My findings of the irrigation installation show that the system has been installed as designed. There are areas or circuits which have not been installed based on the reduced number and area of plants. Control valves have been installed for these locations to anticipate future planting. The application methods and equipment meet with the approved landscape plans.

Those plants/trees which have been installed appear to be healthy and becoming established.

The proposed hydrozones also appear to be in line with the installed and future circuiting.

A mulch has been installed. Per my direction it has only been placed under the newly planted and irrigated shrubs and trees. This meets with the requirements of the WELO. “The landscape and irrigation system has been installed as specified in the Landscape and Irrigation Design Plan (with the modifications as noted) and complies with the criteria of the Ordinance and the permit”.

W. Jeffrey Heid/Certified Landscape Irrigation Auditor

ITEM NO. 10.

Water Efficient Landscape Ordinance Tool Kit
WELO Tool Kit: Irrigation Audit Checklist Page 1 of 6
Irrigation Audit Checklist
A. Project & Auditor Information
Inspection Date 12/15/25
Project Name Friedman Residence
Project Address 60 Adam Way, Atherton
Application Number
Irrigation Auditor Name W. Jeffrey Heid
Irrigation Auditor Company Landscape Irrigation Auditor Irrigation Auditor Address 1465 Winzer Place, Gilroy, Ca. 95020 Irrigation Auditor Phone Number 408 691-5207
Irrigation Auditor Email [email protected]
Auditor Certified by:

X Irrigation Association
 EPA WaterSense program
 Other:

Note: For large projects or projects with multiple landscape installations (i.e. production home developments), an auditing rate of 1 in 7 lots or approximately 15% satisfies the audit requirement.

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 2 of 6
B. Audit Report

APPLICA
NT

ITEM AUDITOR NOTES

PASS FAIL
x

1. Separate landscape customer service water meter or private submeter has been installed as applicable:
x  Hunter
submeter
 a. Non-residential projects: Greater than 1,000 sf landscape area   na x b. Residential projects: Greater than 5,000 sf landscape area x  x

2. The irrigation audit report includes:  
x a. System inspection x 
x b. Inspect for leaks x 
 c. System tune-up   na
 d. Test the operating pressure of the irrigation system   na  e. Test to determine distribution uniformity   na
 f. Test to determine precipitation rate of representative overhead irrigation valves
  na
x g. Confirm matched precipitation rates on valves with sprinkler heads, rotors and other emission devices
x 
 h. Report of any overspray or broken irrigation equipment   na  i. Report of overspray or run off that causes overland flow   na  j. Written recommendations to improve performance of the irrigation system
  na
x k. Preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming x  Provided by
Landscape
Architect
 l. Other:  

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 3 of 6
C. Irrigation Equipment

APPLICANT ITEM AUDITOR NOTES

PASS FAIL
x

1. Irrigation equipment is installed (location, type and size) as shown in the approved plans:
x  Some minor
equipment
changes
x a. Automatic controller is ET-based or soil moisture-based and includes: x  x I. Irrigation scheduling parameters x 
x II. Hydrozone map x 
x b. Sensors installed include rain, frost (if necessary) and wind sensors (if necessary)
x 
x c. Point of connection includes: x 
x I. Backflow prevention devices (if necessary) x  Yes, different manufacturer
x II. Manual shut-off valve (gate, ball, butterfly valve) x  x III. Master shut-off valve x 
x IV. Flow sensor for landscapes over 5,000 sf only x  x d. Valves (station) x 
x I. Flow rate (gpm) x 
x II. Application rates (in/hr) x 
x III. Design operating pressure: x 
x e. If static pressure is above or below required dynamic pressure of the system, pressure-regulating devices are installed
x 
x

2. Main and lateral lines x 
x

3. Sprinkler heads x 
 a. No spray heads within 24 inches of non-permeable surface  na  b. Sprinkler heads and other emission devices have matched precipitation rates
  na
 c. Swing joints or other riser protection provided in high traffic areas and areas near hardscape
  na
x

4. Low volume irrigation (drip, drip lines, and bubblers) is used in mulched planting areas (no spray irrigation) and in areas less than 10 feet wide x 
x

5. Slopes greater than 25% are irrigated with an application rate not exceeding

0.75 inches per hour
x 
x

6. Runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas are prevented x 
 7. Check valves or anti-drain valves are installed to prevent low head drainage   na x

8. Pressure regulating devices are used if the static water pressure at the connection of the public water system does not match the water pressure needs of the irrigation system
x 

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 4 of 6
D. Hydrozones

APPLICANT ITEM AUDITOR NOTES

PASS FAIL
x

1. Match on the landscape plan and irrigation plan x  Future zones provided
x

2. Are irrigated by valves with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use
x 
x

3. Trees are on separate valves x 
 4. Biotreatment areas are on separate valves   na
E. Water Features

APPLICANT ITEM AUDITOR NOTES

PASS FAIL
 1. Use recirculating water systems   na
 2. Use recycled water if available   na

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 5 of 6
F. Irrigation Schedules

APPLICANT ITEM AUDITOR NOTES

PASS FAIL
x

1. Irrigation schedules have been developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:
x  Schedule
provided on
plans
x a. Irrigation scheduling is regulated by automatic irrigation controllers x  x b. Overhead irrigation is scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it
x 
x c. Irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data
x 
x

2. The irrigation schedules have been developed to include the parameters used to set the automatic controller and are submitted for each of the following:
x 
x a. Plant establishment period x 
 b. Established landscape   na
 c. Temporarily irrigated areas   na
x

3. Each irrigation schedule includes the following that apply for each station (valve):
x 
x a. Irrigation interval (days between irrigation) x 
x b. Irrigation run times (hours or minutes per irrigation event to avoid runoff)
x 
x c. Number of cycle starts required for each irrigation event to avoid runoff
x 
x d. Amount of applied water scheduled to be applied on a monthly basis x  x e. Application rate setting x 
x f. Root depth setting x 
x g. Plant type setting x 
x h. Soil type x 
x i. Slope factor setting x 
x j. Shade factor setting x 
x k. Irrigation uniformity or efficiency setting x 

ITEM NO. 10.

WELO Tool Kit: Irrigation Audit Checklist Page 6 of 6
G. Reviewer Comments
I met with Jesus of Douglas Landscape to walk the project area. We reviewed the newly installed landscape and approved landscape plans. Out the outset, he told me that the Owner of the property decided not to plant everything at this time which had been identified on the landscape plans as prepared by Kikuchi and Kankel Design Group. Thus, my audit is based on both the approved plans and the changes which were made in the field.

My findings of the irrigation installation show that the system has been installed as designed. There are areas or circuits which have not been installed based on the reduced number and area of plants. Control valves have been installed for these locations to anticipate future planting. The application methods and equipment meet with the approved landscape plans.

Those plants/trees which have been installed appear to be healthy and becoming established.

The proposed hydrozones also appear to be in line with the installed and future circuiting.

A mulch has been installed. Per my direction it has only been placed under the newly planted and irrigated shrubs and trees. This meets with the requirements of the WELO. “The landscape and irrigation system has been installed as specified in the Landscape and Irrigation Design Plan (with the modifications as noted) and complies with the criteria of the Ordinance and the permit”.

W. Jeffrey Heid/Certified Landscape Irrigation Auditor

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PREPARED BY: Alexa Nolder
Administrative Technician
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: 05/19/2026
ITEM NO: 11
DATE: May 14, 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 Lisa Wise, Inc. to Update Objective Design Standards, Extending Their Agreement to June 30, 2027, at No Additional Cost.

RECOMMENDATION: Authorize the Town Manager to execute a second amendment to the agreement for services with Lisa Wise, Inc., extending their agreement to June 30, 2027, at no additional cost.

FISCAL IMPACT:

There is no fiscal impact associated with executing this second amendment, as it solely extends the contract term to June 30, 2027, to complete the work on the Town’s Objective Design Standards. The amendment does not change the original contract amount. Sufficient funds for the remaining services are included in the existing FY 2025-26 adopted budget.

STRATEGIC PRIORITY:

This action is not associated with a strategic priority; however, it supports the Town’s core goal of Fiscal Stability.

BACKGROUND:

On February 4, 2025, the Town Council authorized the Town Manager to execute an agreement not to exceed $189,646 with Lisa Wise Consulting, Inc., for consulting services to update and provide additional Objective Design Standards for qualifying multi-family and mixed-use residential developments (Attachment 1).

ITEM NO. 11.

PAGE 2 OF 2
SUBJECT: Lisa Wise Consulting Objective Standards Agreement DATE: May 14, 2026
Staff continues to coordinate with the consultant in developing additional objective design Standards, anticipating that the draft document will be considered by the Planning Commission in June 2026. Final consideration and adoption by the Council would follow.

DISCUSSION:

Staff received a letter from Lisa Wise Consulting on April 15, 2026, requesting a one-year extension to complete the work they are currently doing to update the Town’s Objective Design Standards. Their current agreement will expire on June 30, 2026.

In reviewing the request, staff finds it to be appropriate.

CONCLUSION:

Execution of this amendment will provide additional time to allow Lisa Wise Consulting to complete this project while staying on budget.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Original Agreement for Services with Lisa Wise Consulting

2. First Amendment to Agreement for Services with Lisa Wise Consulting

3. Draft Second Amendment to Agreement for Services with Lisa Wise Consulting, with Exhibit A, Lisa Wise Extension Request Memo

ITEM NO. 11.

Agreement for Consultant Services
Lisa Wise Consulting, Inc.

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on February 26, 2025 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Lisa Wise Consulting, Inc. (“Consultant”), whose address is 983 Osos Street, San Luis Obispo, CA 93401. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 The Town desires to engage Consultant to provide Objective Design Standards services.

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

1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.

Consultant acknowledges Town has relied upon these warranties to retain Consultant.

II. AGREEMENTS

2.1 Scope of Services. Consultant shall provide services as described in that certain Objective Design Standards Consultant Services Proposal sent to the Town on October 26, 2024, which is hereby incorporated by reference and attached as Attachment 1.

2.2 Term and Time of Performance. This contract will remain in effect from Upon Execution to June 30, 2026. Consultant shall perform the services described in this Agreement as follows: Objective Design Standards Consultant Services.

2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations. Consultant represents and warrants to Town that it has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for Consultant to 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.

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

2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of Consultant's 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 the 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 Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357 ATTACHMENT 1

ITEM NO. 11.

Agreement for Consultant Services
Lisa Wise Consulting, Inc.

to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.

2.6 Compensation. Compensation for Consultant's professional services shall not exceed $189,646 at the rates set forth on page 39 in Attachment 1, Objective Design Standards Consultant Services Proposal, inclusive of all costs. Payment shall be based upon Town approval of each task.

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

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

Invoices:

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

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

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

2.10 Independent Contractor. It is understood that the Consultant, 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 Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357

ITEM NO. 11.

Agreement for Consultant Services
Lisa Wise Consulting, Inc.

compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.

2.11 Conflict of Interest. Consultant 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 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. 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

3.1 Minimum Scope of Insurance:
i. 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. ii. 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. iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

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ITEM NO. 11.

Agreement for Consultant Services
Lisa Wise Consulting, Inc.

iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than one million dollars ($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.

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 Consultant; products and completed operations of Consultant; and premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Consultant'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 Consultant's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees, or volunteers.
iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

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

3.3 Workers’ Compensation. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees.

3.4 Indemnification. The Consultant 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 Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357

ITEM NO. 11.

Agreement for Consultant Services
Lisa Wise Consulting, Inc.

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 Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant.

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 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, and reports, performed to date by the Consultant. 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.

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

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

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

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Lisa Wise Consulting, Inc.

Attn: Lisa Wise
983 Osos Street
San Luis Obispo, CA 93401
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

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ITEM NO. 11.

Agreement for Consultant Services
Lisa Wise Consulting, Inc.

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

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

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

Town of Los Gatos by:

Chris Constantin, Town Manager Date

Recommended by:

Joel Paulson, Date
Community Development Director
Consultant, by:

Lisa Wise, AICP, President, CEO Date
Lisa Wise Consulting, Inc.

Approved as to Form:

Gabrielle Whelan, Town Attorney Date
Attest:

Wendy Wood, CMC, Town Clerk Date
Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357 2/26/2025
2/27/2025
3/4/2025
3/4/2025
3/4/2025

ITEM NO. 11.

TOWN OF LOS GATOS
Updated/Additional Objective
Design Standards for Qualifying
Multi-Family and Mixed-Use
Residential Developments
Response to Request for Proposals
October 26, 2024
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ITEM NO. 11.

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ITEM NO. 11.

TABLE OF CONTENTS
COVER LETTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 CERTIFICATION FORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 REVIEW OF SCOPE OF SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 EXPERIENCE AND EXPERTISE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Lisa Wise Consulting, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Urban Planning Partners, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 QUALIFICATIONS OF KEY PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 TIMELINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 SAMPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 DISCLOSURE OF LITIGATION/DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 INSURANCE COVERAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 PRELIMINARY FEE SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 LISA WISE CONSULTING, INC. OBJECTIVE DESIGN STANDARDS | TOWN OF LOS GATOS | 1 Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357

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ITEM NO. 11.

COVER LETTER
October 26, 2024
Sean Mullin, Planning Manager
Alexa Nolder, Administrative Technician
Town of Los Gatos
Community Development Department
110 E. Main Street
Los Gatos, CA 95030
(408) 354-6864
[email protected]
Re: Lisa Wise Consulting, Inc. Proposal for Objective Design Standards Consultant Services Dear Sean and Alexa,
On behalf of our qualified and motivated team, we are pleased to submit this proposal to provide the Town of Los Gatos with professional services for the development of complete Objective Design Standards that reflect the Town's unique scale and character and meet the community's high standards for building design. As a firm that is dedicated to working with California communities to ensure compliance with state housing legislation and to ensure that the community’s priorities and preferences are reflected in design standards, this is a target project for us.

Lisa Wise Consulting, Inc. (LWC) is uniquely qualified to lead this engagement given our expertise in California housing law, experience completing Objective Design Standards in similar communities, and deep resume of rezoning, zoning code updates, and community design. LWC’s resume includes creating feasible and SB330-compliant Objective Design Standards in communities such as Portola Valley, Saratoga, Piedmont, Los Altos, South San Francisco, Woodland, Seal Beach, Millbrae, Marin County, and Beaumont, as well as leading 16 successful Housing Element Updates in the 6th Cycle.

In our ODS engagements, we bring not only a deep knowledge of codes and buildings, but also expertise in custom visualizations using a combination of SketchUp and Illustrator (see Task 3B), as well as related analysis to ensure that proposed standards result in economically feasible projects (see Optional Task C).

Our Team also includes Oakland-based Urban Planning Partners (UPP), experts in planning policy, development services, and community engagement. UPP will work closely with LWC and the Town to implement an inclusive and substantive community engagement effort and to support the Team in key document review and context assessment. LWC and UPP have a proven partnership in the successful delivery of objective design standards in Saratoga and Portola Valley.

Our Team is further uniquely qualified for this project given the skills and experience of the project team members. As the President and CEO of LWC with over 30 years of leading complex planning LISA WISE CONSULTING, INC. OBJECTIVE DESIGN STANDARDS | TOWN OF LOS GATOS | 3 Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357

ITEM NO. 11.
engagements, I will be the Principal in Charge and responsible for compliance with the tenets of the contract, accurate invoicing, adherence with the timeline and assurance that deliverables are of the highest quality. David Bergman, LWC Director, brings over 25 years of experience. David led successful 6th Cycle Housing Elements and Rezoning projects in Novato, Piedmont, Alameda County and Long Beach. David will serve as Director in Charge and set strategies for research and deliverables, assure milestones are met and deliverables are complete, accurate, and exceed the Town’s expectations.

Monica Szydlik brings over 18 years of architecture and urban planning expertise. Monica led successful Objective Design Standard projects in Los Altos, Piedmont, South San Francisco, Saratoga, Woodland, and Millbrae, and residential guidelines in Redwood City. Monica will serve as Project Manager and oversee all research, development of draft and final documents, and close communication with the Town and internal team. Monica and I work out of LWC’s San Francisco office.

From UPP, Curtis Banks brings over 30 years in planning and community development, having managed a wide variety of residential and non-residential projects. Curtis has spent his entire career working for communities in Santa Clara and San Mateo counties (including as consultant to Los Gatos) and is currently overseeing projects in Saratoga and Newark. Carla Violet brings over 10 years of urban planning, community design experience. Carla has managed several community outreach and engagement efforts customized to address specific project objectives, anticipated challenges and opportunities, and community concerns. Carla will oversee the UPP team’s close collaboration with LWC and execution of technical design elements that prioritize the highly valued aesthetics of neighborhood and community character in Los Gatos.

As our qualifications indicate, LWC and UPP are leaders in creating development regulations and design standards that facilitate the production of diverse housing opportunities and compliant, prosperous and equitable communities.

The LWC/UPP Team appreciates the opportunity to provide this proposal, and the Town’s contract template is acceptable to our Team. We look forward to your positive response and remain available to provide additional input or respond to questions or comments.

Sincerely,
Lisa Wise, AICP, President, CEO
870 Market Street, Suite 977
San Francisco, CA 94102
[email protected]
(805) 595-1345
4 | TOWN OF LOS GATOS | OBJECTIVE DESIGN STANDARDS LISA WISE CONSULTING, INC.

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CERTIFICATION FORMS
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ITEM NO. 11.

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ITEM NO. 11.

Task 1: Project Initiation and Analysis
A. Project Initiation Meeting and Site Tour. The
consulting team will meet in-person with Town staff
to discuss the goals and priorities for the Updated/
Additional Objective Design Standards; finalize the work program, timeline, and milestones; discuss the outreach program; and clarify roles and responsibilities. Following the meeting, Town staff will lead the team on a tour of the Town to understand existing character, visit key
housing opportunity sites, and document the intensity,
forms, and character of Los Gatos neighborhoods. A
key part of the tour will be a discussion about the Town staff’s experience with community expectations and
what is important from a design perspective to achieve
desired development outcome.

B. Technical Analysis, Site Analysis, and Evaluation.

LWC will prepare a Technical Analysis, Site Analysis and Evaluation that addresses the following:
• Applicable ordinances, plans, and policy documents
including General Plan 2040, Residential Design
Guidelines, Commercial Design Guidelines, and
Chapter 29 of the Town Code (Zoning Regulations).
• The adopted Objective Design Standards and
Checklist (yes/no and B.4.3 points system).
• Evaluation of existing typical development projects
that demonstrate local context and character.
• Documentation of recent, pipeline, and proposed
development projects.
• Council direction related to high-quality building
design, architectural style, and height transitions.
• Design and feasibility considerations for small multifamily housing types including townhomes, triplexes and fourplexes, “house-scale” small multi-unit
buildings, and other small-scale configurations.

Prior to preparation of the Analyses and Evaluation, the consulting team will prepare and submit to the Town a
data request for material related to the Project. This may include but is not limited to unpublished GP and Zoning amendments, a list of Staff’s zoning interpretations,
minutes of hearing design review discussions, GIS
data, original files from the adopted Objective Design
Standards, and other material relevant to the Project.

REVIEW OF SCOPE OF SERVICES
C. Updated/Additional Objective Design Standards
Recommendations Memo. Based on the Technical
Analyses and Town staff comments, the consulting team
will prepare a Recommendations Memo. The Memo will
outline recommendations for:
• Revised content. Changes to existing standards
and recommended new standards, with a focus on
building massing, height transitions, building design
and articulation, and architectural style, and Town
character and scale. This includes recommendations
for revisions to existing graphics/illustrations and
preparation of new graphics/illustrations.
• Organization and implementation. How the
material may be added to or integrated within the
existing Town’s regulatory framework to facilitate
streamlined ministerial review. This includes
recommendations for how the standards may be
administered and reviewed (yes/no, point system,
allowed modifications, etc.).

Task 2: Community Engagement
A. Community Engagement Program. LWC will
prepare a Community Engagement Program outlining
a public process that enables the community to review
and comment on the Updated/Additional Objective
Design Standards as they are being formulated. The
Program will refine Task 2 of the Scope of Work as
needed to ensure that approaches and formats used
will be most effective for the Los Gatos community;
that the community has ample opportunity to express
its values and priorities for residential design; and, that, ultimately, the community has ownership of the process.

B. Focus Group Meetings (2). The consulting team will
hold two virtual small-group (up to four individuals per group) meetings with key stakeholders. Stakeholders,
to be identified and contacted by Town staff, are
anticipated to include local designers/architects,
developers, neighborhoods representatives, residents
of mixed-use or multi-family areas of Los Gatos, real
estate professionals, or other interested code users.

The goals of the meetings are to identify important
issues and constraints to residential design; hear the
group members’ design preferences and priorities;
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ITEM NO. 11.
and understand the group members’ views on the
feasibility and marketability of various design features and standards.

The consulting team will prepare an introductory
presentation, identify discussion topics, and lead the
discussion. Following the meetings, the consulting team will summarize the feedback collected and identify ways to incorporate feedback into the standards.

C. Community Workshop. The consulting team will
design and facilitate an in-person interactive community workshop prior to drafting of the Administrative Draft
Standards. The workshop will:
• Introduce the project to the community. The
workshop will begin with a presentation on the
project background, recent State housing legislation,
and Town policy goals and standards. The
presentation will describe the advantages of ODS for
small towns like Los Gatos and underscore the role
of community members in developing them. The
community will also gain the vocabulary needed to
provide impactful feedback once the draft standards
are ready for public review.
• Solicit input from the community. Following the
presentation, the workshop will provide activities for
community members to offer ideas and priorities
and shape the emerging standards. Activities may
include but are not limited to live visual preference
surveys, interactive stations with presentation
boards, and small-group facilitated discussions
with tabletop materials. While the format will be
developed in coordination with Town staff, the
interactive portion of the workshop will be designed
to prompt community members to:
– Identify and discuss key elements that contribute to
Los Gatos’ neighborhood character.
– Visualize and articulate priorities for a range of
building and site design elements with a focus
on architectural style, building height transitions
between different residential densities and
districts, and details of building design.
– Ask questions about and lend input into the
emerging standards to ensure that the Project is
truly a community-led effort.

After the workshop, the consulting team will summarize
the feedback collected from all participants and identify ideas to be incorporated into the Updated/Additional
Objective Design Standards.

Task 3: Administrative Draft Updated/Additional
Objective Design Standards
A. Working Meetings with Town Staff (2). The
consulting team will participate in two one-hour working meetings with Town staff during the development of
the Administrative Draft. LWC will provide a summary
memo for each meeting.

B. Administrative Draft Updated/Additional
Objective Design Standards. The consulting team will
prepare the Administrative Draft Updated/Additional
Objective Design Standards to satisfy the State’s
requirements in accordance with SB330 as well as the
community’s design priorities. While the scope and
nature of the amendments will be determined through
Tasks 1 and 2, the consulting team anticipates the
Standards will include the following:
• Site Standards. Edits and additions to existing
standards to support high-quality site design
of small-scale multi-family development types,
including common and private open space, bicycle
parking, vehicular parking, landscaping.
• Building Standards. Edits and additions to existing
standards to require high-quality building design
that demonstrates the Los Gatos character. This
includes edits and additions to existing standards
for massing and scale; parking structure design; roof
design; façade design and articulation, and other
design elements. In developing this material, the
consultant team will focus on:
– High-quality building design – Building design (form, massing, materials, and details) that is high in
quality and that reflects the Town’s character,
detailed in an objective manner.
– Architectural style – Styles that are typical of the
Town, both within and outside of the historic
Downtown, and the hallmarks of each style,
described as objective features.
– Height transitions – Strategies for appropriate
massing transitions between different zones and
residential densities, and how such transitions
may impact solar access.
• Anticipating Density Bonus. Edits and additions
to the standards to ensure that key community
priorities are preserved when concessions are
granted to density bonus projects.

LISA WISE CONSULTING, INC. OBJECTIVE DESIGN STANDARDS | TOWN OF LOS GATOS| 9 Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357

ITEM NO. 11.
• Updated and new graphics/illustrations. Updated
and new figures and illustrations that accurately
reflect the scale and character of Los Gatos and
that represent the range of forms and scales of
residential and residential mixed-use development
in the Town and that can be used to clearly illustrate
the standards. The graphics will be developed using
a combination of SketchUp and Adobe Illustrator.
• Implementation. Edits and additions to existing
checklist review process to ensure application of
the standards is predictable, clear, and easy to
follow. The consulting team will also identify places
elsewhere in the Town’s regulatory framework that
may need to be updated for consistency with the
Updated/Additional Objective Design Standards and
to ensure predictable and streamlined ministerial
review.

Task 4: Public Review Updated/Additional
Objective Design Standards
A. Working Meetings with Town Staff (2). The
consulting team will participate in two one-hour working meetings with Town staff during the development of the
Public Review Draft. LWC will provide a summary memo
for each meeting.

B. Public Review Draft Objective Design Standards.

The consulting team will prepare a Public Review
Draft based on a single set of consolidated, nonconflicting comments from the Town staff review of the Administrative Draft.

Task 5: Review and Adoption
A. Planning Commission Public Hearing. LWC will
prepare materials/presentations for, and present at
one in-person Planning Commission public hearing to
support adoption of the Updated/Additional Objective
Design Standards.

B. Town Council Public Hearing. LWC will prepare
materials/presentations for, and present at one inperson Town Council public hearing to support adoption of the Updated/Additional Objective Design Standards.

C. Final Objective Design Standards. Based on the
Town Council’s final adoption and final text changes
provided by Town staff, LWC will prepare, and provide
in Word and PDF, the final Objective Design Standards.

Optional Tasks
A. Additional Focus Group Meetings. The consulting
team will hold additional focus group meetings similar
in format to those described in Task 2B, to be held at any point in the process. Discussion topics will be developed in coordination with Town Staff.

B. Educational Story Map/Survey. Using ArcGIS
Online, the UPP team will develop a Story Map that
provides an overview of objective design standards,
showcases existing and proposed multi-family and
mixed-use residential development in the Town, and
collects feedback from users. UPP will analyze this
feedback and work with LWC to incorporate it into the
draft objective design standards.

C. Test Site Feasibility Analysis/Proforma. LWC will
prepare a financial feasibility analysis for selected sites or building prototypes identified in the ODS drafting
process. The goal is to ensure that development
standards result in economically feasible conditions that will allow for projects to be developed. This analysis will also establish that the ODS do not serve as a constraint on housing production. LWC will develop a financial
model (static developer-side pro forma) based on the
proposed standards. The definition of potential building envelopes and development standards can be prepared
concurrently to establish the economic feasibility of the proposed standards as they are being formulated.

D. Community Open House on the Public Review
Draft. The consulting team will hold an in-person Open
House to present the Public Review Draft Updated/
Additional Objective Design Standards to the community
and gather the community’s feedback and input. The
input gathered from the Open House will be reflected in the subsequent draft of the design standards.

E. Planning Commission/Town Council Study
Session. LWC will prepare materials/presentations for,
and present at a Planning Commission or Town Council
study session on the Public Review Draft updated/
Additional Objective Design Standards.

F. Additional Planning Commission/Town Council
Hearing. LWC will prepare materials/presentations
for, and present at a Planning Commission and Town
Council Hearing study session on the Public Review
Draft Updated/Additional Objective Design Standards.
10 | TOWN OF LOS GATOS | OBJECTIVE DESIGN STANDARDS LISA WISE CONSULTING, INC.

Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357

ITEM NO. 11.

Assumptions
This proposal is based on the following assumptions:

1. All meetings and calls will be conducted using an online video conferencing platform unless specified as inperson.

2. All deliverables, except for presentation materials
required for the public workshop and open house, will
be provided in electronic format.

3. Town staff will be responsible for the preparation
and publishing of all required public hearing notices,
property owner notification, newspaper notices,
agendas and staff reports for public hearings, and
translations or interpretation services.

4. Town staff will provide comments on draft materials
as a single set of non-conflicting and actionable
comments. The Town’s comments will include those
from the Town Attorney as appropriate as determined
Town staff. Town Attorney comments will be compiled
with Town staff comments when provided.

5. Town staff will prepare staff reports, resolutions, and notices for the Planning Commission and Town Council
meetings and hearings.

6. The Project involves no CEQA review, documentation,
or noticing.

The proposal acknowledges laws and statutes enacted at the time of its writing. The parties will agree on amendments to the scope of services that become necessary if any changes occur to applicable rulings and obligations that were
unexpected at the time of the execution of this proposal.

LISA WISE CONSULTING, INC. OBJECTIVE DESIGN STANDARDS | TOWN OF LOS GATOS| 11 LWC prepares for a community workshop on the Hayward
Downtown Specific Plan.

LWC staff leads a visual preference exercise at a Livermore General Plan Amendments community event.

LWC staff leads virtual workshops using a range
of interactive tools such as break-out discussion
rooms, and live polling, and virtual white boards.
slide 27
Design Element Zone C Zone D
Shared garage (podium or underground) OR
above-ground “wrapped” structure
Tuck-under individually secured
garages OR shared garage (podium or
underground)
Parking Design
Driveway Width Max. 20 ft in width Max. 24 ft in width
Screened from view from r-o-w by:
• Regular punched openings designed to
resemble windows of habitable spaces; or
• Trellis/living wall surfaces.

Structured parking levels may not
directly face the right-of-way. Parking Visibility
Residential parking shall be separated from
non-residential parking through a controlled
fence, gate or other barrier.

Parking Separation -
Max. 12 ft in width Max. 12 ft in width; Min. 10 ft from back of sidewalk
Shared Garages/
Garage Doors
Site Design Flip Chart Notes
Where is this doc located? Let's make it easier to
find.

Make ppt available on website, too.

Front yard setback -- let's make it more urban,
remove front setback
(Models don't show front setbacks - at prop line)
Step backs - great! Make new devt less imposing.

Height and adjacencies to single family residential in
Zone D
Prices and rental ratse in feasibility test and not
accurate -- costs min $350/sqft to build, same for
pkg (approx $400/sq ft)
Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357

ITEM NO. 11.

Lisa Wise Consulting, Inc.

LWC was founded in 2006 and has
grown to a staff of 21 urban planning
professionals and support staff with
offices in Los Angeles, San Francisco,
and San Luis Obispo. LWC specializes in assessing,
updating, and modernizing zoning codes aimed at
promoting pedestrian and transit-oriented communities,
and facilitating sustainable, vibrant places to live, work, and play. The LWC team addresses each engagement
with a deep understanding of zoning principles and
best practices, strong project management, writing, and graphics production.

Core Services. Since 2006, LWC has been dedicated
to working with California cities to assure compliance
with State Housing Law and consistency and clarity of
zoning codes. This is a target project for LWC. Our core services include:
• Zoning Ordinances, Development Codes, FormBased Codes, and Design Standards and Guidelines • Long-Range Planning, Specific Plans, TOD Plans, and
Corridor Plans
• Housing Elements and Affordable Housing Policy
• Financial Feasibility, Market Analyses, and
Revitalization Strategies
Close Communication and Data-Driven
Management. Our approach relies on close
collaboration with clients through regularly scheduled
calls and meetings, regular progress reports, and fast
and thorough turnaround on all document review
and communication. Our operations are supported by
BigTime, a performance management software LWC
employs to track project progress by task and team
member in real time. This enables the LWC team to
anticipate and adjust for issues before they occur and
keep the project on schedule and on budget.

Targeted Experience. LWC has led over 100 zoning
code engagements and 15 successful Housing Element
Updates in this 6th Cycle. LWC has developed produced
Objective Design Standards and prepared related
Zoning Amendments for the following jurisdictions:
• City of Beaumont (Riverside County)
• City of Long Beach (Los Angeles County)
• City of Los Altos (Santa Clara County)
• Marin County
• City of Millbrae (San Mateo County)
• City of Piedmont (Alameda County)
• Town of Portola Valley (San Mateo County)
• City of Rancho Cucamonga (San Bernardino County)
• City of Saratoga (Santa Clara County)
• City of Seal Beach (Orange County)
• City of South San Francisco (San Mateo County)
• City of Woodland (Yolo County)

EXPERIENCE AND EXPERTISE
12 | TOWN OF LOS GATOS | OBJECTIVE DESIGN STANDARDS LISA WISE CONSULTING, INC.

Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357

ITEM NO. 11.

LISA WISE CONSULTING, INC. OBJECTIVE DESIGN STANDARDS | TOWN OF LOS GATOS | 13 Equity. Ensures that the benefits and burdens of the new code are shared across the community, expand opportunities for affordable housing and affordable commercial space, and support a diversity of businesses.

Viability. Fosters development that supports housing, employment growth, vibrant commercial centers and business districts while considering market forces, economic feasibility and fiscal performance.

Quality. Assures standard of excellence that retains value, is long lasting, and responds to context and character of neighbor-hoods, corridors, and districts.

Context. Responds and enhances to the unique character of neighborhoods, corridors, centers, and districts.

Predictability. Offers a high degree of control and assures alignment with expectations of development outcomes for the City, property owners, businesses, and the development community.

Flexibility. Able to accommodate reasonable adjustments to assure positive outcomes and community compatibility over time.

Clarity. Be easy to understand for community members, developers, and City officials and staff, and enable consistent interpretation at the planning counter.

As a firm, we are dedicated to the following principles on all of our engagements:

LWC tested out the objective design standards on a key
Housing Element opportunity site in Piedmont, CA. The Redwood City Residential Design Guide provides guidance on a range of architectural elements.

Landscaping is an integral part of
the neighborhood streetscape.

Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357

ITEM NO. 11.
983 OSOS STREET, SAN LUIS OBISPO, CA 93401 14 | TOWN OF LOS GATOS | OBJECTIVE DESIGN STANDARDS | 870 MARKET STREET, STE 977, SAN FRANCISCO, CA 94102 | 939 S BROADWAY, STE 611, LOS ANGELES, CA 90015 LISA WISE CONSULTING, INC. LISAWISECONSULTING.COM

CITY OF LOS ALTOS
Objective Design Standards for Multi-family and Residential Mixed Use Development Micro-scale analysis of a downtown residential district LWC was hired by the City of Los
Altos to develop design standards
for the City’s Zoning Code to be
compliant and consistent with
State laws SB2, SB35, SB330, and
AB1485, and facilitate the production
of safe, attractive and diverse
housing.

LWC implemented the project with
an outreach campaign grounded in
LQWHUYLHZVZLWK&LW\VWDႇ&LW\&RXQFLO
members, Planning Commissioners,
developers, architects, and property
and business owners. Outreach also
included a series of Joint Planning
&RPPLVVLRQ&LW\&RXQFLO6WXG\
Sessions.

Armed with feedback from the
community, LWC conducted a
thorough review and evaluation
of existing standards, criteria,
and guidelines for multifamily and
residential mixed-use development,
focusing on existing subjective design
standards. LWC also conducted a
micro-scale analysis of built form in
the key areas as well as lot testing on
sample sites.
%DVHGRQWKH¿QGLQJVRIWKHDQDO\VLV
and input from City leadership,
LWC drafted and illustrated a set
of objective design standards for
all 11 zoning districts that support
multi-family or residential mixed-use
development. The standards ensure
that criteria for approval are clear,
objective, and lead to predictable
KLJKTXDOLW\UHVXOWVWKDWUHÀHFWWKH
City’s unique character.

The City Council adopted the
Objective Design Standards in
September of 2021.

STATUS:

Adopted September 2021
TIMEFRAME:

May 2020 – September 2021
BUDGET:
$341,750
REFERENCE:

Guido F. Persicone, MUP, AICP
Planning Services Director
City of Los Altos (Former)
Community Development Director
(Current)
City of Marina
211 Hillcrest Ave.

Marina, CA 93933
(831) 884-1281
[email protected]
PARTNERS:

Opticos Design, Inc.

W-Trans
LWC also updated the Los Altos 6th
Cycle Housing Element, which was
adopted by City Council on January
DQGFHUWL¿HGE\WKH+&'LQ
September 2023.

Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357

ITEM NO. 11.

LISA WISE CONSULTING, INC. OBJECTIVE DESIGN STANDARDS | TOWN OF LOS GATOS | 15 983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | 870 MARKET STREET, STE 977, SAN FRANCISCO, CA 94102 | 939 S BROADWAY, STE 611, LOS ANGELES, CA 90015 LISAWISECONSULTING.COM LWC was hired by the City of Millbrae
to develop objective residential design
standards that ensure consistency and
compliance with State laws including SB
330, SB 6, AB 2011, and laws related to
Accessory Dwelling Units (ADUs). The
project’s goals are to establish standards
for the design of single-family residential
development, duplexes, triplexes,
ADUs, multi-family, and mixed-use
developments; and to introduce a new
residential design review process aimed
at facilitating residential permitting.

To ensure the community’s voice is
evident in the updated Zoning Code,
/:&KDVZRUNHGFORVHO\ZLWK&LW\VWDႇ
to facilitate study sessions with the City
Council, Planning Commission, and
Community Enhancement Advisory
Committee; a Community Workshop;
a Community Open House; an online
Community Survey; and social media
posts to gather community input on
design preferences and priorities. LWC
has also designed and hosts a project
website (www.millbraeresidentialdesign.
org).

Based on a thorough review and
analysis of existing residential design,
a review of existing policies and
standards, and input from the community
and decision-making bodies, LWC is
drafting design standards that are clear,
visually engaging, user-friendly, and
will lead to predictable high-quality and
context-sensitive design.

Anticipated adoption of the Citywide
Objective Design Standards and Zoning
Code Amendments is November 2025.

CITY OF MILLBRAE
Citywide Objective Design Standards and Zoning Code Amendments STATUS
Anticipated adoption
November 2025

TIMEFRAME
December 2023 –
November 2025
BUDGET
$513,202
REFERENCE:

Roscoe Mata
Planning Manager
City of Millbrae
621 Magnolia Avenue
Millbrae, CA 94030
(650) 259-2416
[email protected]
Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357

ITEM NO. 11.
16 983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | TOWN OF LOS GATOS | OBJECTIVE DESIGN STANDARDS LISA WISE CONSULTING, INC. | 870 MARKET STREET, STE 977, SAN FRANCISCO, CA 94102 | 939 S BROADWAY, STE 611, LOS ANGELES, CA 90015 LISAWISECONSULTING.COM ,QWKH&LW\RI3LHGPRQWKLUHG
/:&WRFUHDWH2EMHFWLYH'HVLJQ
Standards for mixed-use and multiIDPLO\GHYHORSPHQWFRQGXFWVLWHDQG IHDVLELOLW\WHVWLQJGHYHORSVWUDWHJLHVWR
DLGWKH&LW\LQDႈUPDWLYHO\IXUWKHULQJ
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and provide incentives for ADUs.
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the development review process while
DVVXULQJWKHFRPPXQLW\¶VVXSSRUWIRU
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new units.

Piedmont values its beautiful
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and small-town charm. The community
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DOPRVWSHUFHQWRI3LHGPRQWLV
GHVLJQDWHGIRUVLQJOHIDPLO\UHVLGHQWLDO
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residential. Vacant land accounts for
less than two percent of the land area.

A critical feature of the project is
RXWUHDFKHGXFDWLRQDQGFRPPXQLW\
SDUWLFLSDWLRQ$VVXFK/:&OHGD
UREXVWFRPPXQLW\HQJDJHPHQWHႇRUW
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responses.
/:&ZRUNHGFORVHO\ZLWK&LW\VWDႇ
and the community to assess the
&LW\¶VH[LVWLQJVXEMHFWLYHJXLGHOLQHV
DQDO\]HKRXVLQJRSSRUWXQLW\VLWHVWHVW
WKHH[LVWLQJGHYHORSPHQWVWDQGDUGV
RQWZRGHYHORSPHQWVLWHVDQGHQVXUH
WKHFRPPXQLW\¶VGHVLJQSUHIHUHQFHV
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standards.
/:&DOVRFRQGXFWHGD¿QDQFLDO
feasibility analysis for the two
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and proforma analysis. LWC assured
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and would lead to outcomes supported
by the community.

The standards were adopted by City
&RXQFLOLQ6HSWHPEHU
STATUS:
$GRSWHG6HSWHPEHU
TIMEFRAME:
6HSWHPEHU±
6HSWHPEHU
BUDGET:



REFERENCE:
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3ODQQLQJ %XLOGLQJ'LUHFWRU
City of Piedmont
9LVWD$YHQXH
3LHGPRQW&$





[email protected]
PARTNERS:

Open Scope Studio
Plan to Place

CITY OF PIEDMONT
Multifamily and Mixed Use Objective Design Standards, Proformas, and Prototype Plans and Incentives for Accessory Dwelling Units LWC also updated the Piedmont 6th
Cycle Housing Element. The Housing
Element was adopted by City Council
RQ0DUFKDQGZDVFHUWL¿HG
by the HCD in October 2023.

Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357

ITEM NO. 11.
983 OSOS STREET, SAN LUIS OBISPO, CA 93401 LISA WISE CONSULTING, INC. | 870 MARKET STREET, STE 977, SAN FRANCISCO, CA 94102 | 939 S BROADWAY, STE 611, LOS ANGELES, CA 90015 OBJECTIVE DESIGN STANDARDS | LISAWISECONSULTING.COM TOWN OF LOS GATOS | 17 LWC was hired by Redwood City
WRFUHDWHWKH&LW\¶V¿UVW5HVLGHQWLDO
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7KH*XLGHDOVRSURYLGHVFULWHULDIRU
the evaluation of projects that require
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review. These include second-story
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more.
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to determine the community’s
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a community Farmers’ Market.
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/:&UHFRPPHQGHG=RQLQJ&RGH
DPHQGPHQWVLQFOXGLQJPRGL¿FDWLRQV
WRVLQJOHIDPLO\GHYHORSPHQW
VWDQGDUGV=RQLQJ$GPLQLVWUDWRU3HUPLW
¿QGLQJVDQGSURFHGXUDOFKDQJHVIRU
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project led the City to approve the
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would determine how to update them
as objective standards.

STATUS:
$SSURYHG-XO\
TIMEFRAME:
-XQH
-XO\
BUDGET:

REFERENCE:

William Chui
Associate Planner
City of Redwood City
0LGGOH¿HOG5RDG
5HGZRRG&LW\&$





[email protected]

CITY OF REDWOOD CITY
Citywide Residential Design Guide
Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357

ITEM NO. 11.
18 983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | TOWN OF LOS GATOS | OBJECTIVE DESIGN STANDARDS | 870 MARKET STREET, STE 977, SAN FRANCISCO, CA 94102 | 939 S BROADWAY, STE 611, LOS ANGELES, CA 90015 LISA WISE CONSULTING, INC. LISAWISECONSULTING.COM

CITY OF SARATOGA
Objective Design Standards
STATUS:

Adopted
TIMEFRAME:
6HSWHPEHU±
2FWREHU
BUDGET:


REFERENCE:

Christopher Riordan
Senior Planner
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[email protected]
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of compliance with state law while
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LWC initiated the project with a review of
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areas as well as policy direction from
WKH*HQHUDO3ODQJXLGDQFHDQGSROLF\
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the proposed standards for the new
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the standards would be feasible and
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support multi-family or residential mixeduse development.

The new standards satisfy the State’s
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LWC also provided direction on
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Code.
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adopted by the City Council in October

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8SSHU6WRU\)URQW6WHS%DFN089+''LVWULFW

Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357

ITEM NO. 11.

LISA WISE CONSULTING, INC. OBJECTIVE DESIGN STANDARDS | TOWN OF LOS GATOS| 19 Urban Planning
Partners, Inc.

Urban Planning Partners (UPP) is
a land use planning firm that was
established in 2009. We are a small firm located in
Downtown Oakland and 100-percent woman-owned.

The firm is led by Lynette Dias, UPP’s Founder and
President. Lynette has over 30 years of urban and
environmental planning experience. She began her
career in the public sector in northern and southern
California cities, and later transitioned into consulting, where she spent the majority of her career working
for public agencies and private developers throughout
California.

Our Mission and Values
Our mission is to help create better places in partnership with our clients and the communities in which we work.

Our core values are:
• We care. We have called the Bay Area home since
our founding and love playing a part in shaping some
of our favorite places. We take on projects that stir
something in us, and it shows.
• We collaborate. Projects are stronger when the
development process is collaborative. Whether it’s
working with one another, our subconsultants, or our
clients, we believe in joining forces.
• We reach. The potential for what we can do, not
relying on what we’ve always done, is what motivates
us. Reaching up and preaching out keeps our work
innovative, our team engaged, and our approach
inclusive.
• We are real. We pride ourselves on telling it like it is. Our clients can count on us for honest, practical
guidance.

Our key services include planning policy, development
services, community engagement, environmental
review, contract planning, and grant writing. Trust,
objectivity, and insight are the foundations of our work.

Our dedication, strong communication skills, and diverse range of experience enable successful partnerships
with our clients. We collaborate with our clients and
the communities in which we work to achieve approval
and implementation of policies and projects that better urban environments.

Community Engagement
At UPP, we believe that objective design standards
function best when they are developed in collaboration
with community members who know their community
best and key stakeholders who have a detailed
understanding of the development process.

UPP has lead outreach and engagement efforts related
to objective design standards in several communities
including Santa Cruz, Foster City, and San Jose. Our
experience working on these projects has taught us
the importance of getting to know the communities we
serve, taking part in active listening, being transparent, and providing ample opportunities for the community
to learn about the project and provide input.

In Santa Cruz, the UPP team led a robust outreach
campaign to develop standards that represented the
community. UPP collected feedback from a diverse
group of community members and stakeholders via an
online survey, tabling events, community workshops,
focus group meetings, and a planning commission
study session. UPP used this feedback to draft objective design standards that balance a variety of needs and
perspectives. Because the UPP team worked with the
community to develop objective design standards, the
standards earned broad support and were unanimously
adopted by the City Council.

In Foster City, UPP used a different approach to
encourage community ownership of objective
development standards. Here, UPP designed a “Data
Walk” activity that guided community members through
the design of ten housing projects in Foster City and
asked them to provide feedback on their experience
of those projects. UPP worked to identify common
themes among the feedback collected, including which
features and characteristics were most positively/
negatively perceived. Based on our findings, our team
drafted objective design standards that were most likely to be positively perceived while still remaining feasible, satisfying legal requirements, and aligning with housing development targets.

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ITEM NO. 11.

RELATED PROJECT EXAMPLES AND REFERENCES

SANTA CRUZ MULTI-FAMILY DEVELOPMENT OBJECTIVE DEVELOPMENT STANDARDS AND

COMMUNITY ENGAGEMENT

CITY OF SANTA CRUZ
UPP worked with the City of Santa Cruz to develop
objective development standards for multi-family
development per State laws SB 35 and the Housing
Accountability Act. Given previous misinformation and
community resistance to multi-family development, the
UPP team (in partnership with InterEthnica) developed
and carried out an equity-focused engagement approach
to reach communities not typically involved with the
planning process including the Latinx community, lowand moderate-income households, and university students. Through targeted engagement and candid
discussions with stakeholders, the team facilitated
meaningful dialogue that shaped development standards
that are economically feasible for developers and
representative of community priorities and values.

The team presented the community engagement strategy
to the Planning Commission, where they heard
unanimous support. In addition to community engagement, the objective standards are informed by robust analysis. UPP led a team of technical subconsultants with economic, transportation, and urban design expertise to ensure the development standards are feasible. UPP, with help from Kristen Hall City Design and Strategic Economics, completed test fits and proforma analyses to identify barriers to development that could be addressed with the objective development standards. The standards were approved by the Santa Cruz City Council on November 15, 2022. Following adoption of the Objective Development Standards, UPP assisted the City in developing an Objective Development Checklist for both applicant and internal use to implement the standards.

Client Contact
Sarah Neuse, Senior Planner – Advanced Planning
City of Santa Cruz
831.420.5092
[email protected]
20 | TOWN OF LOS GATOS | OBJECTIVE DESIGN STANDARDS LISA WISE CONSULTING, INC.

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ITEM NO. 11.

LISA WISE CONSULTING, INC. OBJECTIVE DESIGN STANDARDS | TOWN OF LOS GATOS | 21

FOSTER CITY OBJECTIVE MULTI-FAMILY AND MIXED-USE DESIGN STANDARDS

CITY OF FOSTER CITY
Objective design standards often require
the use of industry best practices and
technical terms to translate personal
experiences of a place (e.g., “community
character”) into quantifiable measures.

As a result, these standards can be
challenging for community members and
decisions-makers to envision – or for
planning professionals to articulate.

UPP and Van Meter Williams Pollack
teamed up to work with Foster City to
develop objective design standards for
multi-family and mixed-use
developments. The standards address site development, buildings, and landscape and Foster City’s unique waterfront setting.

To help frame this conversation, UPP designed a “Data Walk” activity that guided community members through the design of ten housing projects in Foster City and asked them to provide feedback on their experience of those projects. Stakeholders could participate physically (by scanning QR codes at each location) or digitally (by interactive map), at their own pace. Each stop included a short video explaining key design features and prompting participants with open-ended questions. Participants could then send texts, take a survey, or fill out a physical handout to respond to the questions. The project included preparing objective design standards in a new chapter of the City’s zoning regulations, related zoning regulation amendments in numerous other chapters, checklist for developers, and a users’ guide with additional photos and graphics to explain the standards.

Client Contact
Sofia Mangalam, Community Development Director
City of Foster City
650.286.3239
[email protected]
Docusign Envelope ID: DCBAF5EA-5651-4430-AF6A-57E5AEA67357