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Attachment 2STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Edmund G. Brown Jr., Governor “The Department of Forestry and Fire Protection serves and safeguards the people and protects the property and resources of California.” DEPARTMENT OF FORESTRY AND FIRE PROTECTION P.O. Box 944246 SACRAMENTO, CA 94244-2460 (916) 653-7772 Website: www.fire.ca.gov October 2, 2018 Jennifer Armer Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 5GG17200; Town of Los Gatos General Plan Update This agreement cannot be considered binding on either party until approved by appropriate authorized CAL FIRE designee. No services should be provided prior to approval, as the State is not obligated to make any payments on any Agreement prior to final approval. FAILURE TO RETURN ALL DOCUMENTS BY DATE BELOW MAY RESULT IN LOSS OF FUNDING. Please contact Ed Orre at (408) 206-3704 if you have questions concerning services to be performed. Please contact Bobby Nguyen at (916) 651-6620 if you have any administrative questions or concerns. 1.Full grant agreement including terms and conditions, addendum, grant application form, scope of work, budget, and map enclosed. Print (single sided) and return three (3) sets of agreements with original signatures in blue ink. In addition, please return the attachment(s) below, as applicable to your organization, to be received by CAL FIRE no later than November 30, 2018. ●Attachment 5 – Std. 204 Payee Data Record http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf ● Attachment 7 – Board Resolution or Attesting Document granting authority to sign (non-profit and local entity applicants) Return all originals and requested documents for further processing to: Department of Forestry and Fire Protection Attention: GMU/CCI FP P.O. Box 944246 Sacramento, CA 94244-2460 2.Enclosed for your record is one fully executed copy of the agreement referenced above. When billing for services performed under this agreement, your invoices must reference the agreement number above and be submitted to the contract manager. Thank you, Bobby Nguyen Grants Analyst Grants Management Unit Enclosures CC: Joy Tucker Ed Orre Stella Chan ATTACHMENT 2 State of California Dept. of Forestry and Fire Protection (CAL FIRE) State Fire Marshal’s Office GRANT AGREEMENT APPLICANT: Town of Los Gatos PROJECT TITLE: Town of Los Gatos General Plan Update GRANT AGREEMENT: 5GG17200 PROJECT PERFORMANCE PERIOD IS from Upon Approval through July 31, 2020. Under the terms and conditions of this Grant Agreement, the applicant agrees to complete the project as described in the project description, and the State of California, acting through the Dept. of Forestry & Fire Protection, agrees to fund the project up the total state grant amount indicated. PROJECT DESCRIPTION: Project is the update to the Safety Element of the General Plan of the Town of Los Gatos and will cover the entirety of the Town and its sphere of influence, over 7,000 acres and 4,000 residential structures. Total State Grant not to exceed $ 124,153.00 (or project costs, whichever is less) *The Special and General Provisions attached are made a part of and incorporated into this Grant Agreement. Town of Los Gatos STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION Applicant By By Signature of Authorized Representative Title Title: Dennis Mathisen, State Fire Marshal Date Date CERTIFICATION OF FUNDING AMOUNT OF ESTIMATE FUNDING GRANT AGREEMENT NUMBER FUND $124,153.00 5GG17200 Greenhouse Gas Reduction Fund ADJ. INCREASING ENCUMBRANCE APPROPRIATION $ 0.00 Greenhouse Gas Reduction Fund ADJ. DECREASING ENCUMBRANCE FUNCTION $ 0.00 Greenhouse Gas Reduction Fund UNENCUMBERED BALANCE LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR $124,153.00 3540-001-3228 14, 249 2017 17/18 T.B.A. NO. B.R. NO. INDEX OBJ. EXPEN D PCA PROJECT/WORK PHASE FY 17/18 9212 418 91015 VENDOR# I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance. SIGNATURE OF CAL FIRE ACCOUNTING OFFICER DATE GRANT NUMBER 5GG17200 Town of Los Gatos Town of Los Gatos General Plan Update 1 TERMS AND CONDITIONS OF GRANT AGREEMENT I. RECITALS 1. This Agreement, is entered into between the State of California, by and through the California Department of Forestry and Fire Protection (CAL FIRE), hereinafter referred to as “STATE” and Town of Los Gatos, hereinafter referred to as “GRANTEE”. 2. The STATE herby grants to GRANTEE a sum (hereinafter referred to as “GRANT FUNDS”) not to exceed One Hundred Twenty Four Thousand One Hundred Fifty Three Dollars ($124,153.00). 3. In addition to the terms and conditions of this Agreement, the STATE and GRANTEE agree that the terms and conditions contained in the documents set forth below are hereby incorporated and made part of this agreement. a. Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grant Program Procedural Guide 2017-2018 b. The submitted Application, Scope of Work, Budget Detail, GHG Emissions Reduction Methodology and Exhibits c. Addendum for Greenhouse Gas Reduction Fund (GGRF) Grant Projects II. SPECIAL PROVISIONS 1. Recipients of GRANT FUNDS pursuant to Chapter 249, Statutes of 2017 shall abide by the provisions in this Agreement. This includes the requirement that work shall not commence prior to the execution of this Agreement by both parties. Any work started prior to the execution of this Agreement will not be eligible for funding under the terms of this Agreement. 2. As precedent to the State’s obligation to provide funding, GRANTEE shall provide to the STATE for review and approval a detailed budget, specifications, and project description. Approval by the STATE of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope and quality of work, and shall not relieve GRANTEE of the obligation to carry out any other obligations required by this Agreement, in accordance with applicable law or any other standards ordinarily applied to such work or activity. 3. All informational products (e.g., data, studies, findings, management plans, manuals, photos, etc.) relating to California’s natural environment produced with the use of GRANT FUNDS shall be available for public use. GRANT NUMBER 5GG17200 Town of Los Gatos Town of Los Gatos General Plan Update 2 III. GENERAL PROVISIONS 1. Definitions a. The term “Agreement” means grant agreement number 5GG17200. b. The term “GRANT FUNDS” means the money provided by the STATE to the GRANTEE in this Agreement. c. The term “GRANTEE” means an applicant who has a signed Agreement for the award for GRANT FUNDS. d. The term “Other Sources of Funds” means all matching fund sources that are required or used to complete the Project beyond the GRANT FUNDS provided by this Agreement. e. The term “STATE” means the State of California, Department of Forestry and Fire Protection (CAL FIRE). f. The term “Project” means the development or other activity described in the “Project Scope of Work”. g. The term “Project Budget Detail” as used herein defines the approved budget plan. h. The term “Project Scope of Work” as used herein means the individual scope of work describing in detail the approved tasks. 2. Project Representatives The project representatives during the term of the agreement will be: STATE: CAL FIRE GRANTEE: Town of Los Gatos Section/Unit: SCU - Santa Clara Unit Section/Unit: Attention: Ed Orre Attention: Jennifer Armer Mailing Address: 15670 Monterey Rd. Morgan Hill, CA 95037 Mailing Address: 110 E. Main Street Los Gatos, CA 95030 Phone Number: (408) 206-3704 Phone Number: 408-399-5706 Email Address: Edgar.Orre@fire.ca.gov Email Address: jarmer@losgatosca.gov GRANT NUMBER 5GG17200 Town of Los Gatos Town of Los Gatos General Plan Update 3 Changes to the project representatives during the term of the agreement shall be made in writing. Notice shall be sent to the above representative for all notice provisions of this Agreement. 3. Project Execution a. Subject to the availability of grant monies, the STATE hereby grants to the GRANTEE a sum of money (GRANT FUNDS) not to exceed the amount stated on Section I. RECITALS, Paragraph 2 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement. b. GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the Project. Any amendment to the Project as set forth in the Application on file with the STATE must be submitted to the STATE for approval in writing. No amendment is allowed until written approval is given by the STATE. c. GRANTEE shall complete the Project in accordance with the time of Project performance set forth in this Agreement, unless an amendment has been approved and signed by the STATE under the terms and conditions of this Agreement. Amendments m ust be requested in advance and will be considered in the event of circumstances beyond the control of the GRANTEE, but in no event less than 90 days from the Agreement expiration date and in no event less than 60 days before the effective date of the amendment. Approval of amendment is at the STATE’s discretion. d. GRANTEE certifies that the Project Scope of Work complies with all local, State, and federal laws and regulations. e. GRANTEE shall comply with the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et. seq. Title 14, California Code of Regulations, Section 15000 et. seq.) and all other local, State, and federal environmental laws. A copy of the certified CEQA document must be provided to STATE before any GRANT FUNDS are made available for any Project activity that could directly impact the environment (e.g. cutting, piling or burning bush, masticating, dozer work, etc.). CEQA compliance shall be completed within 18 months from start date of the Agreement. The start date is considered the date the last party signs the Agreement. GRANT FUNDS will be made available in advance of CEQA compliance for project activities that do not have the potential to cause a direct environmental impact (e.g. project planning, locating and GRANT NUMBER 5GG17200 Town of Los Gatos Town of Los Gatos General Plan Update 4 marking property or project boundaries, contacting and signing up landowners, etc.). f. GRANTEE shall permit periodic site visits by representative(s) of the STATE to ensure program compliance and that work is in accordance with the approved Project Scope of Work, including a final inspection upon Project completion. g. GRANTEE, and the agents and employees of GRANTEE, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents, of the STATE. 4. Project Costs and Payment Documentation a. Payment by the STATE shall be made after receipt of an acceptable invoice and approval by a duly authorized representative of the STATE. GRANTEE shall submit an invoice for payment to the CAL FIRE Project Representative of the STATE. A final invoice shall be submitted no later than 30 days after completion, expiration, or termination of this Agreement. b. For services satisfactorily rendered, and upon receipt and approval of invoices for payment, the STATE agrees to compensate GRANTEE for actual expenditures incurred in accordance with the rates s pecified herein, which is attached hereto, as Attachment 3 – Final Project Budget, and made a part of this Agreement. c. Equipment purchased using GRANT FUNDS, wholly or in part, must be used by the GRANTEE for the project which it was acquired. STATE retains a vested interest in the equipment for the useful life of the equipment, even after completion of the grant. GRANTEE shall provide written disposition of the equipment upon completion of the grant and upon any changes to the disposition of the equipm ent. Such disposition must be approved in advance by STATE. Equipment purchased using GRANT FUNDS cannot be used as collateral, financed, or sold without prior written approval from the STATE. d. GRANTEE shall submit, in arrears, not more frequently than once a month, and no less than quarterly, an invoice to the STATE for costs paid by GRANTEE pursuant to this Agreement. Each invoice shall contain the following information: the Agreement number, the dates or time period during which the invoiced costs were incurred, expenditures for the current invoice and cumulative expenditures to date by major budget category (e.g., salaries, benefits, supplies, etc.), appropriate supporting documentation, project progress reports, and the signature of an authorized representative of GRANTEE as detailed in the Invoice GRANT NUMBER 5GG17200 Town of Los Gatos Town of Los Gatos General Plan Update 5 Guidelines of the Procedural Guide for the CAL FIRE Fire Prevention Grant Program. e. GRANT FUNDS in this Agreement have a limited period in which they must be expended. All GRANTEE expenditures must occur p rior to the end of the Project performance period of this Agreement. f. Except as otherwise provided herein, GRANTEE shall expend GRANT FUNDS in the manner described in the Project Budget Detail approved by the STATE. The dollar amount of an item in the Project Budget Detail may be increased or decreased by up to ten percent (10%) of the budget item through reallocation of funds from another item or items, without approval by the STATE; however, GRANTEE shall notify the STATE in writing in project progress reports when any such reallocation is made, and shall identify both the item(s) being increased and those being decreased. Any increase or decrease of an item of more than ten percent (10%) of the budget item must be approved in writing by the STATE before any such increase or decrease is made. A formal approved amendment is required to increase the total amount of GRANT FUNDS. g. GRANTEE shall promptly submit any and all records at the time and in the form as the STATE may request. h. GRANTEE shall submit each invoice for payment to: California Department of Forestry & Fire Protection Attention: Ed Orre 15670 Monterey Rd. Morgan Hill, CA 95037 i. Notwithstanding any of the provisions stated within this Agreement, the STATE may at its discretion make advance payment from the grant awarded to the GRANTEE if GRANTEE is a nonprofit organization, a local agency, a special district, a private forest landowner or a Native American tribe. Advance payment made by the STATE shall be subject to the following provisions.  GRANTEE shall submit a written request identifying how funds will be used over a six-month period. The written request must be accompanied by an invoice that contains the same level of detail as a regular invoice.  GRANTEE shall file an accountability report with STATE four months from the date of receiving the funds and every four months thereafter. GRANT NUMBER 5GG17200 Town of Los Gatos Town of Los Gatos General Plan Update 6  Multiple advance payments may be made to a GRANTEE over the life of a project.  No single advance payment shall exceed 25% of the total grant amount and must be spent on eligible costs within six months of the advance payment request. GRANTEE may request additional time to spend advance funds but must be approved in writing by the STATE. The balance of unspent advance payment funds not liquidated within the six-month spending period will be billed for the return of advanced funds to the STATE.  All work under a previous advance payment must be fully liquidated via an invoice and supporting documentation and completed to the STATE’s satisfaction before another advance payment will be made.  Any advance payment received by a GRANTEE and not used for project eligible costs shall be returned to CAL FIRE. The amount will be returned to the grant balance.  Advance payments must be deposited into an interest -bearing account. Any interest earned on advance payment funds must be accounted for and used toward offsetting the project cost or returned to the STATE. 5. Budget Contingency Clause a. If STATE funding for any fiscal year is reduced or deleted for purposes of the California Climate Investment Fire Prevention Program, the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or if possible and desirable, offer an Agreement amendment to GRANTEE to reflect the reduced amount available for the Project. 6. Project Administration a. GRANTEE shall provide the STATE a written report showing total final Project expenditures and matching funds upon Project completion or grant expiration, whichever occurs first. GRANTEE must report to the STATE all sources of other funds for the Project. If this provision is deemed to be violated, the STATE will request an audit of GRANTEE and can delay the disbursement of funds until the matter is resolved. b. GRANTEE shall promptly submit written Project reports as the STATE may request throughout the term of this Agreement. c. GRANTEE shall submit a final accomplishment report, final invoice with associated supporting documentation, and copies of materials developed GRANT NUMBER 5GG17200 Town of Los Gatos Town of Los Gatos General Plan Update 7 using GRANT FUNDS, including but not limited to plans, educational materials, etc. within 30 days of Project completion. 7. Financial Records a. GRANTEE shall retain all records described in Section 7(c) below for three (3) years after final payment by the STATE. In the case an audit occurs, all such records shall be retained for one (1) year from the date is audit is completed or the three (3) years, whichever date is later. b. GRANTEE shall maintain satisfactory financial accounts, documents, and records for the Project and make them available to the STATE for review during reasonable times. This includes the right to inspect and make copies of any books, records, or reports of GRANTEE pertaining to this Agreement or matters related thereto. c. GRANTEE shall keep such records as the STATE shall prescribe, including, but not limited to, records which fully disclose (a) the disposition of the proceeds of state funding assistance, (b) the total cost of the Project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the Project cost supplied by other sources, and (d) any other such records as will facilitate an effective audit. All records shall be made available to the STATE, other State of California agency, or other entity as determined by the State of California for auditing purposes at reasonable times. d. GRANTEE shall use any generally accepted accounting system. 8. Project Termination a. This Agreement may be terminated by the STATE or GRANTEE upon 30- days written notice to the other party. b. If either party terminates the Agreement prior to the completion of the Project, GRANTEE shall take all reasonable measures to prevent further costs to the STATE under the Agreement and the STATE shall be responsible for any reasonable and non-cancelable obligations incurred by GRANTEE in the performance of this Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement. c. Failure by GRANTEE to comply with the terms of this Agreement may be cause for suspension of all obligations of the STATE hereunder at the discretion of the STATE. GRANT NUMBER 5GG17200 Town of Los Gatos Town of Los Gatos General Plan Update 8 d. Failure of GRANTEE to comply with the terms of this Agreement shall not be cause for the suspension of all obligations of the STATE hereunder if in the judgment of the STATE such failure was due to no fault of GRANTEE. At the discretion of the STATE, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement. e. Final payment to GRANTEE may not be made until the STATE determines the Project conforms substantially to this Agreement. 9. Hold Harmless a. GRANTEE shall defend, indemnify and hold the STATE, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of GRANTEE, its officers, agents, or employees. The duty of GRANTEE to indemnify and hold harmless includes the duty to defend as set forth in Civil Code Section 2778. This Agreement supersedes GRANTEE’s right as a public entity to indemnity (see Government Code Section 895.2) and contribution (see Government Code Section 895.6) as set forth in Government Code Section 895.4. b. GRANTEE waives any and all rights to any type of express or implied indemnity or right of contribution from the STATE, its officers, agents, or employees for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. c. Nothing in this Agreement is intended to create in the public or in any member of it rights as a third-party beneficiary under this Agreement. 10. Tort Claims FEDERAL: The United States shall be liable, to the extent allowed by the Federal Tort Claims Act 28 United States Code 2671-2680, for claims of personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States while acting within the scope of his or her employment, arising out of this Agreement. STATE: GRANT NUMBER 5GG17200 Town of Los Gatos Town of Los Gatos General Plan Update 9 The State of California shall be liable, to the extent allowed by law and subject to California Government Code, Title 1, Division 3.6, providing for the filing of tort claims against the State of California, for personal injuries or property damage resulting from the negligent or wrongful act or omission of State of California employees while acting within the scope of his or her employment, arising out of this Agreement. 11. Nondiscrimination The State of California prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, sex, marital status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. GRANTEE shall not discriminate against any person on any of these bases. 12. Incorporation The grant guidelines and the Project Scope of Work, Project Budget Detail and any subsequent amendments or modifications to the Project Scope of Work and Project Budget Detail approved in writing by the STATE are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement. 13. Severability If any provision of this Agreement or the Project Scope of Work thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. 14. Waiver No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 15. Assignment This Agreement is not assignable by GRANTEE either in whole or in part. GRANT NUMBER 5GG17200 Town of Los Gatos Town of Los Gatos General Plan Update 1 ADDENDUM – CALIFORNIA CLIMATE INVESTMENTS (CCI) GRANT PROJECTS I. SPECIAL PROVISIONS 1.Grant funds shall be used on projects with the primary goal of reducing greenhouse gases (GHGs) and furthering the purposes of California’s Global Warming Solutions Act of 2006, Division 25.5 (commencing with Section 38500) of the Health and Safety Code, and related statutes. 2.Grant funds shall be used on projects limited to specific activities as desc ribed in CCI Grants Procedural Guides. 3.Greenhouse gas emissions must be calculated using the CARB Greenhouse Gas Quantification Methodology applicable to the grant program (https://ww2.arb.ca.gov/resources/documents/cci-quantification-benefits-and- reporting-materials). 4.Grantee shall report project and benefits information when requested by the State. This may include, but is not limited to, funding expended, acres treated, GHG emissions, trees planted, disadvantaged community benefits, energy/water savings, job creation, and other co-benefits. 5.Grantee shall maintain accurate and detailed records documenting project description, project location, and schedule, CCI dollars allocated, and leveraged funds throughout the duration of the project. 6.Failure of Grantee to meet the agreed upon terms of achieving required GHG reduction may result in project termination and recovery of funds. II.MONITORING AND REPORTING REQUIREMENTS All funds expended through CCI are subject to emissions reporting and requirements. Grantee is expected to provide the appropriate materials for completing program quantification methodology. Grantee shall use the current reporting template provided by the STATE. The reporting shall be submitted to the STATE no less frequently than quarterly. In addition, STATE may request additional informatio n in order to meet current CARB reporting requirements. The requirements are available on the CARB CCI Quantification, Benefits and Reporting Materials webpage: https://ww2.arb.ca.gov/resources/documents/cci-quantification-benefits-and-reporting- materials. GRANT NUMBER 5GG17200 Town of Los Gatos Town of Los Gatos General Plan Update 2 III. PROGRAM ACKNOWLEDGEMENT/RECOGNITION 1. All projects funded both fully and partially by the GGRF must clearly display, identify and label themselves as being part of the “California Climate Investments” program. The acknowledgement must contain the California Climate Investments and CAL FIRE logos as well as the following statement: “Funding for this project provided by the California Department of Forestry and Fire Protection as part of the California Climate Investments Program.” A draft of the acknowledgement must be approved by the STATE prior to publication. For stationary projects, acknowledgement may include, but is not limited to , a sign on the project site. For other project types, such as vehicles, equipment, and consumer-based incentives, acknowledgement is encouraged by using a decal, sticker or other signage. Guidance on California Climate Investments logo usage, signage guidelines, and high-resolution files are contained in a style guide available at: www.caclimateinvestments.ca.gov/logo-graphics-request. 2. In addition, all projects funded both fully and partially by GGRF must contain the following statement in public announcements or press releases on said projects: “The Town of Los Gatos General Plan Update Project is part of California Climate Investments, a statewide program that puts billions of Cap-and-Trade dollars to work reducing GHG emissions, strengthening the economy, and improving public health and the environment– particularly in disadvantaged communities. The Cap-and-Trade program also creates a financial incentive for industries to invest in clean technologies and develop innovative ways to reduce pollution. California Climate Investments projects include affordable housing, renewable energy, public transportation, zero-emission vehicles, environmental restoration, more sustainable agriculture, recycling, and much more. At least 35 percent of these investments are located within and benefiting residents of disadvantaged communities, low-income communities, and low- income households across California. For more information, visit the California Climate Investments website at: www.caclimateinvestments.ca.gov.” California Department of Forestry and Fire Protection (CAL FIRE) California Climate Investments Fire Prevention Grants Program Project Scope of Work Project Name: Town of Los Gatos General Plan Update Project Tracking Number: 17-FP-SCU-0113 Project Description Summary: Please provide a paragraph summarizing proposed project including the location, habitable structures, acres treated, etc. A. Scope of Work This item is broken into project specific criteria depending on the type of project being proposed: planning, education or hazardous fuel reduction. Please answer one section of questions that pertain to the primary activity type for your project. Section 1: Hazardous Fuel Reduction/Removal of Dead or Dying Tree Projects 1. Describe the geographic scope of the project, including an estimate of the number of habitable structures and the names of the general communities that will benefit. 2. Describe the goals, objectives, and expected outcomes of the project. 3. Provide a clear rational for how the proposed project will reduce the risks associated with wildfire to habitable structures in the WUI. 4. Identify any additional assets at risk to wildfire that will benefit from the proposed project. These may include, but are not limited to, domestic and municipal water supplies, power lines, communication facilities and community centers. 5. Is the scale of the project appropriate to achieve the stated goals, objectives and outcomes discussed in Item 2 above? 6. How will the project/activity utilize the left over woody biomass? Will the project/activity use a biomass facility to reduce greater greenhouse gas emis sions? Section 2: Planning Projects 1. Describe the geographic scope of the project, including the communities that will benefit, and an estimate of the number of structures within the project area. 2. Describe how the project will assess the risks to residents and structures in the WUI and prioritize projects to reduce this risk over time. 3. Does the proposed plan add or build upon previous wildfire prevention planning efforts in the general project area? 4. Identify a diverse group of key stakeholders, including local, state, and federal officials where appropriate, to collaborate with during the planning process. Discuss how the project proponent plans to engage with these targeted stakeholders. 5. Describe the pathways for community involvement that will be incorporated in the planning process. The proposed project is the update to the Safety Element of the General Plan of the Town of Los Gatos. This document covers the entirety of the Town and its sphere of influence, over 7,000 acres and 4,000 residential structures. Project Tracking Number: 17-FP-SCU-0113 2 Section 3: Education 1. Describe the specific message of the education program and how it relates to reducing the risk of wildfire to owners of structures in the WUI. 2. Describe the target audience of the education program and how information will be distributed to this audience. 3. Will the education program raise the awareness of homeowner responsibilities of living in a fire prone environment? 4. Identify specific actions being advocated in the education material that is expected to increase the preparedness of residents and structures in the WUI for wildfire. 5. Describe the expected outcome of the education in terms of increased or changed public awareness about wildfire. Answer only 1 set of questions from above, depending on your project; Fuel Reduction, Planning or Education. B. Relationship to Strategic Plans Does the proposed project support the goals and objectives of the California Strategic Fire Plan, the local CAL FIRE Unit Fire Plan, a Community Wildfire Protection Plan (CWPP), County Fire Plan, or other long term planning document? 1. The proposed project is the update to the Town of Los Gatos’s General Plan, specifically the Safety Element. The project would benefit the entire Town as well as the areas of the County that are within our urban service boundary and sphere of influence. 2. The Town’s General Plan Safety Element identifies and evaluates natural and urban safety hazards, both existing and potential. It establishe s policies and actions to reduce or abate these hazards to protect the Town residents and visitors. 3. This grant proposal includes evaluation and updating of the existing Safety Element of our General Plan to bring it up to State standards. 4. The Town will be working with a planning consultant firm to conduct the update and will work with this consultant to engage participation from local, regional, and state parties. Specifically, we will work with Santa Clara County Fire and CAL FIRE to ensure the work results in a document that is accurate, up to current standards, and useful for reducing potential hazards. 5. As described in the attached scope of work prepared by the Town’s planning consultant, extensive outreach and public engagement is proposed for the General Plan Update. The Town is already working with CAL FIRE to evaluate our existing Safety Element to see where improvements are needed to support the goals and objects of regulations and plans that apply to our area. Project Tracking Number: 17-FP-SCU-0113 3 C. Degree of Risk 1. Discuss the location of the project in relation to areas of moderate, high, or very high fire hazard severity zone as identified by the latest Fire and Resource Assessment Program maps. Fire hazard severity zone maps by county can be accessed at: http://www.fire.ca.gov/fire_prevention/fire_prevention_wildland_zones_maps.php 2. Describe the geographic proximity of the project to structures at risk to damage from wildfire in the WUI. D. Community Support 1. Does the project include any matching funds from other funding sources or any in - kind contributions that are expected to extend the impact of the proposed project? 2. Describe plans for external communications during the life of the project to keep the effected community informed about the goals, objectives and progress of the project. Activities such as planned press releases, project signage, community meetings, and field tours are encouraged. 3. Describe any plans to maintain the project after the grant period has ended. 4. Does the proposed project work with other organizations or agencies to address fire hazard reduction at the landscape level? E. Project Implementation 1. Discuss the anticipated timeline for the project. Make sure to take seasonal restrictions into account. 2. Verify the expected timeframes to complete the project will fall under the March 15, 2022 deadline. 3. Describe the milestones that will be used to measure the progress of the project. 4. Describe measurable outcomes (i.e. project deliverables) that will be used to measure the project’s success. 1. The project includes evaluation of the entire Town and its environs. Approximately half of the Town is within a Very High Fire Hazard Severity Zone. 2. Half of the Town is in a hillside area that is a Very High Fire risk area . 1. The Town has a General Plan Fund, collected as fees on development applications, that will be used for the remainder of the cost of the General Plan Update, as well as covering the time required for Town Staff to work on these elements. 2. As described in the consultant’s attached scope, the project involves significant public outreach throughout the process. 3. The Town’s General Plan is a guiding document for the Town which is updated every 10 to 20 years. 4. The General Plan is a high level project, thought it does include goals and policies that will be implemented at the project level. Project Tracking Number: 17-FP-SCU-0113 4 5. If applicable, how will the requirements of the California Environmental Quality Act (CEQA) be met? F. Administration 1. Describe any previous experience the project proponent has with similar projects. Include a list of recent past projects the proponent has successfully completed if applicable. Project proponents having no previous experience with similar projects should discuss any past experiences that may help show a capacity to successfully complete the project being proposed. This may include partnering with a more experienced organization that can provide project support. 2. Identify who will be responsible for tracking project expenses and maintaining project records in a manner that allows for a full audit trail of any awarded grant funds. G. Budget A detailed project budget should be provided in an Excel spreadsheet attached to this grant application. The space provided here is to allow for a narrative description to further explain the proposed budget. 1. Explain how the grant funds, if awarded, will be spent to support the goals and objectives of the project. If equipment grant funds are requested, explain how the equipment will be utilized and maintained beyond the life of the grant. 2. Are the costs for each proposed activity reasonable for the geographic a rea where they are to be performed? Identify any costs that are higher than usual and explain 1. The proposed project is expected to be a two-year process with completion in the second half of 2020. 2. As previously stated, this project will be completed well in advance of the March 15, 2022 deadline. 3. The scope prepared by the Town’s consultant details the larger tasks involved in the process. The primary elements will be the Background Report, Draft General Plan (including Safety Update), Draft Program Environmental Impact Report, Final General Plan and EIR. 4. See previous answer. 5. A General Plan Update is considered a “project” under CEQA, and requires preparation of an environmental impact report (EIR). The General Plan Update will include preparation of a Program EIR (PEIR) in compliance with CEQA requirements. See Task 4 of the attached scope provided by the Town’s consultant. 1. The Town updates their General Plan every 10 to 20 years. The update of the Safety Element will be conducted in partnership with the Santa Clara County Fire Department and CAL FIRE representatives. 2. The Town’s Finance Department will keep records of all funds paid to the consultant for this project. Project Tracking Number: 17-FP-SCU-0113 5 any special circumstances within the project that makes these increased costs necessary to achieve the goals and objectives of the project. 3. Is the total project cost appropriate for the size, scope, and anticipated benefit of the project? 4. Identify all Indirect Costs and describe why they are necessary for a successful project implementation. Administrative expenses to be paid by the Fire Prevention Grants must be less than 12% of the total grant request (excluding equipment). 5. Explain each object category in detail and how that would support meeting the grant objectives. H. California Climate Investments The space provided here is to allow for a narrative description to further explain how the project/activity will reduce Greenhouse Gas emissions. 1. How will the project/activity reduce Greenhouse Gas emissions? 2. Is the project located in a Low-Income or Disadvantaged Community? If not, does the project benefit those communities. Please explain. 3. What are the expected co-benefits of the project/activity (i.e. environmental, public health and safety, and climate resiliency)? 4. When are the Greenhouse Gas emissions and/or co-benefits expected to occur and how will they be maintained? 1. The Town has a detailed budget for the total General Plan update process, but has asked the planning consultant to provide a budget for just the Safety Element update and associated public outreach and environmental review, for the purposes of this grant application. Please see attached scope and budget provided by Mintier Harnish Planning Consultants. 2. The $124,153 budget for this project is approximately 10.5% of the total General Plan budget, which is appropriate, given that it is one of nine elements of the General Plan. 3. See previous answer. 4. This grant application does not include a request for any Town staff time, just the expense of the consultant’s work on the project. 5. Please see attached scope and budget provided by Mintier Harnish Planning Consultants. Project Tracking Number: 17-FP-SCU-0113 6 1. The update of the General Plan will hopefully help the community plan for, prevent, and reduce the scope of future forest fires. In addition, the General Plan update process includes components so that the final document will be a qualified Climate Action Plan. 2. No, however, improved planning in very high fire risk areas will hopefully reduce the scope and impact of future fires on those within the community and in adjacent communities. 3. The project is an overarching document that will cross all topic boundaries. 4. This is a planning project covering many years. 1 1415 20th Street Sacramento, CA 95811 (916) 446-0522 FAX (916) 446-7520 mintier@mintierharnish.com www.mintierharnish.com M E M O R A N D U M TO: Jennifer Armer, AICP, Senior Planner, Town of Los Gatos FROM: Chelsey Payne, AICP, Senior Project Manager, Mintier Harnish DATE: June 4, 2018 SUBJECT: Safety Element Update – Scope of Work CC: Jim Harnish, JD, Principal, Mintier Harnish Rick Rust, AICP, Principal Planner, Mintier Harnish The Safety Element is one of nine elements of the Town’s General Plan. The Town will update the Safety Element as part of a comprehensive update of the General Plan. The following tasks describe the steps involved in the update to the Safety Element. Task 1: Project Initiation During this initial task, the project team will: • Meet to discuss expectations for the General Plan Update, including the Safety Element update; • Prepare a base map and assemble GIS data; and • Review data sources and compile resource materials. Since the Safety Element is one of nine elements of the General Plan, the cost proposal assumes 11 percent of the total cost for this task is associated with the Safety Element. Task 2: Hazards Background Report Chapter The primary health and safety concerns to be addressed in the Background Report Chapter include natural hazards (e.g., wildfire, earthquakes, and flooding), human-made hazards (e.g., hazardous materials), and the increased risk of hazards due to climate change. Existing information relative to the risks posed by these events will be reviewed and compiled into a usable format. Specific research topics include the following: Fire Hazards. The fire hazards section of the Background Report will include information on potential fire hazards in the Planning Area, including: • Local, state and Federal agencies with responsibility for fire protection, including special districts and local offices of emergency services; • Maps of wildland urban interface areas; • Fire hazard severity zone maps; Memorandum to the Town of Los Gatos Safety Element Update – Scope of Work June 4, 2018 2 • State Responsibility Areas; • Historical data on wildfires available from local agencies. • Information about wildfire hazard areas that may be available from the United States Geological Survey; • General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities; • Identification of critical facilities located in fire hazard severity zones; and • A discussion of contemporary methods of community fire planning and fire hazard avoidance. Geologic and Seismic Hazards. This section of the Background Report will include information from recent geologic maps/studies provided through the California Geological Survey and the U.S. Geological Survey and available information from the Natural Resource Conservation Service to characterize the general nature of the geological environment and hazards in the Planning Area. This section will summarize relevant data from the California Geological Survey to address recent determinations associated with any Seismic Hazard Zones as prescribed under the Seismic Hazards Mapping Act of 1990 and the Alquist-Priolo Earthquake Fault Zoning Act of 1972. Additional topics addressed will include the published information on general soil strength properties, shrink/swell potential (expansive soils), potential for differential settlement, and compressibility. Flood Hazards. This section of the Background Report will include relevant information on flooding and flood hazards in the Planning Area, including FEMA’s Flood Insurance Rate Maps. Discussion of regulatory floodplains and their effect on land development decisions will be one focus of the maps and descriptions. However, the physical vulnerabilities of structures to hydrologic, seismic, geotechnical, and climate-change driven flood risks will also be addressed. Human-made Hazards. A general summary of major users/producers of hazardous materials will be included as part of this section of the Background Report. State and county databases (i.e. Geotracker, Envirostor, and SJMap) will be summarized to address potential concerns regarding the collection, handling, and disposal of potential hazardous substances within the planning area. Climate Change Vulnerability Assessment. The Background Report will include a communitywide, planning-level climate change vulnerability assessment, using tools and methods established by the Governor’s Office of Planning and Research (OPR), the California Natural Resources Agency (CNRA), and the California Energy Commission (CEC), including the Cal-Adapt web-based tool, the Adaptation Planning Guide, the 2017 General Plan Guidelines, and other resources. The assessment will examine the adverse effects of climate change relevant to the Planning Area, including extreme heat, changes in precipitation and drought, increased risk of flooding and wildfire, and other impacts. The assessment will help inform SB 379 adaptation measures to be included in the Safety Element. Memorandum to the Town of Los Gatos Safety Element Update – Scope of Work June 4, 2018 3 Task 3: Safety Element The Safety Element will include a set of goals, policies, and implementation programs regarding emergency preparedness, seismic and geologic hazards, flooding hazards, fire safety and law enforcement, hazardous materials, and noise. This will include policies and programs specifically related to climate change adaptation and community resiliency to potential hazards. Regarding fire hazards, the Safety Element will address the protection of the community from the unreasonable risk of wildfire, including: • Avoiding or minimizing the wildfire hazards associated with new uses of land; • Locating, whenever feasible, new essential public facilities outside of high fire risk areas and construction methods or other methods to minimize damage if these facilities are located in a State responsibility area or very high fire hazard severity zone; • Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression; and • Working cooperatively with public agencies with responsibility for fire protection. Task 4: Environmental Review A General Plan Update is considered a “project” under CEQA, and requires preparation of an environmental impact report (EIR). The General Plan Update will include preparation of a Program EIR (PEIR) in compliance with CEQA requirements. Issues to be analyzed in a programmatic framework include: • Aesthetics • Agriculture • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation and Traffic • Tribal Resources • Utilities and Service Systems • All the mandatory CEQA sections including energy and growth inducement Memorandum to the Town of Los Gatos Safety Element Update – Scope of Work June 4, 2018 4 This task includes: a Notice of Preparation (NOP); scoping meeting; preparation and circulation of the Draft EIR; response to public comments; preparation of a Mitigation, Monitoring, and Reporting Program; and preparation of the Final EIR. Since the Safety Element is one of nine elements of the General Plan, the cost proposal assumes 11 percent of the total cost for this task is associated with the Safety Element. Task 5: Public Outreach The General Plan Update includes an extensive public outreach program. Components of this program include: • Five community workshops; • An online engagement platform for discussions, surveys, polling, mapping exercises, etc. • 24 meetings with the General Plan Advisory Committee; • Seven study sessions with the Planning Commission and City Council; • Pop-up booths at four community events (e.g., festivals and farmers markets); • A project website; and • Email announcements, press releases, and project newsletters. Throughout the engagement program, the Town will solicit feedback on all aspects of the General Plan Update, including the Safety Element. Since the Safety Element is one of nine elements of the General Plan, the cost proposal assumes 11 percent of the total cost for this task is associated with the Safety Element. Task 6: Final Documents and Adoption The project will include a public hearing with the Planning Commission to review the Draft General Plan and Program EIR. The Planning Commission will consider the comments made during the public hearing and make recommendations to the Town Council. The Town Council will review the Draft General Plan and Program EIR at two public hearings. At these hearings, the Town Council will consider the Planning Commission recommendations and the comments made at the Planning Commission public hearing. After the hearings, the Final General Plan and Final Program EIR will be prepared. The Town Council will then hold a final hearing for certification of the Final Program EIR and adoption of the Final General Plan. This task also includes preparation of a web-based General Plan. Since the Safety Element is one of nine elements of the General Plan, the cost proposal assumes 11 percent of the total cost for this task is associated with the Safety Element. Memorandum to the Town of Los Gatos Safety Element Update – Scope of Work June 4, 2018 5 Summary of Deliverables • Hazards Background Report Chapter • Draft Safety Element • Draft Environmental Impact Report • Response to Comments • Final Environmental Impact Report • Final Safety Element (hard copy and web-based General Plan) • Outreach materials and meeting summaries Budget Summary Task Cost Task 1: Project Initiation $2,756 Task 2: Hazards Background Report Chapter $26,885 Task 3: Safety Element $20,533 Task 4: Environmental Review $22,178 Task 5: Public Outreach $26,323 Task 6: Final Documents and Adoption $10,538 Project Management $7,350 Direct Expenses $7,590 TOTAL $124,153 Tracking #:17-SCU-0113 Project Name:Town of Los GatosGeneral Plan Update Budget Category Item Description Total ($) Quantity Units Cost/Unit Grant Grantee Partner Grant Grantee Partner(s) 0 Hours -$ 0%0%0%-$ -$ -$ -$ 0 Days -$ 0%0%0%-$ -$ -$ -$ 0 Hours -$ 0%0%0%-$ -$ -$ -$ 0 Days -$ 0%0%0%-$ -$ -$ -$ 0 Hours -$ 0%0%0%-$ -$ -$ -$ 0 Hours -$ 0%0%0%-$ -$ -$ -$ 0 Hours -$ 0%0%0%-$ -$ -$ -$ 0 Hours -$ 0%0%0%-$ -$ -$ -$ -$ -$ -$ -$ 0 Days -$ 0%0%0%-$ -$ -$ -$ 0 Days -$ 0%0%0%-$ -$ -$ -$ 0 Hours -$ 0%0%0%-$ -$ -$ -$ 0 Days -$ 0%0%0%-$ -$ -$ -$ 0 Hours -$ 0%0%0%-$ -$ -$ -$ 0 Hours -$ 0%0%0%-$ -$ -$ -$ 0 Hours -$ 0%0%0%-$ -$ -$ -$ 0 Hours -$ 0%0%0%-$ -$ -$ -$ -$ -$ -$ -$ Task 1: Project Initiation 1 Each 2,756$ 100%0%0%2,756$ -$ -$ 2,756$ Task 2: Hazards Background Repo 1 Each 26,885$ 100%0%0%26,885$ -$ -$ 26,885$ Task 3: Safety Element 1 Each 20,533$ 100%0%0%20,533$ -$ -$ 20,533$ Task 4: Environmental Review 1 Each 22,178$ 100%0%0%22,178$ -$ -$ 22,178$ Task 5: Public Outreach 1 Each 26,323$ 100%0%0%26,323$ -$ -$ 26,323$ Task 6: Final Documents and Adop 1 Each 10,538$ 100%0%0%10,538$ -$ -$ 10,538$ Project Management 1 Each 7,350$ 100%0%0%7,350$ -$ -$ 7,350$ Direct Expenses 1 Each 7,590$ 100%0%0%7,590$ -$ -$ 7,590$ 124,153$ -$ -$ 124,153$ D. Travel & Per Diem: 0 Days -$ 0%0%0%-$ -$ -$ -$ 0 Days -$ 0%0%0%-$ -$ -$ -$ 0 Days -$ 0%0%0%-$ -$ -$ -$ 0 Days -$ 0%0%0%-$ -$ -$ -$ -$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ -$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ -$ -$ -$ -$ G. Other Costs 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ 0 Each -$ 0%0%0%-$ -$ -$ -$ -$ -$ -$ -$ 124,153$ -$ -$ 124,153$ 0%-$ -$ 124,153$ -$ -$ 124,153$ -$ -$ 124,153$ -$ -$ 124,153$ Total Grant Proposed Costs Sub-Total Other Costs Total Direct Costs E. Supplies Sub-Total Supplies: Less Program Income Total Project Costs Indirect Costs (Exclude Equipment) C. Contractual Sub-Total Employee Benefits: Sub-Total Salaries and Wages: Cost Basis Sub-Total Equipment: F. Equipment Sub-Total Travel & Per Diem: Sub-Total Contractual: Funding Source ($) Cost Share (%) B. Employee Benefits A. Salaries and Wages Project Budget Los Gatos SantaClaraCounty Santa ClaraCounty San Jose Campbell MonteSereno Saratoga SantaClaraCounty SantaClaraCounty SantaClaraCounty SantaClaraCounty SantaClaraCounty SantaClaraCounty .0 0.5 10.25 Miles June 6, 2018 Fire Hazard Severity Zones Project Name: Town of Los Gatos General Plan UpdateProject Tracking Number: 17-FP-SCU-0113Project Proponent: Town of Los Gatos City/Town Boundary Roadways Creeks Lakes Parcels State Responsibility A reaWithin Project Area Outside Project Area State Responsibility A reaWithin Project Area Outside Project AreaVery High Project Area Very High High Moderate Scale = 1:50 ,000