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
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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
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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
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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
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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
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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
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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