How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please follow the participation instructions on page 2 of this agenda. If you wish to speak to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by following the participation instructions on page 2 of this agenda. The time allocated to speakers may change to better facilitate the Town Council meeting.
Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject.
Deadlines for Public Comment and Presentations are as follows:
Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. on the day of the Council meeting.
Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
MAY 02, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
LOS GATOS, CA
7:00 PM
Maria Ristow, Mayor
Mary Badame Vice Mayor
Matthew Hudes, Council Member
Rob Moore, Council Member
Rob Rennie, Council Member
PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.
Rebroadcast of Town Council Meetings on the 2nd and 4th Tuesdays at 7:00 p.m.
Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
MAY 02, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E.
Main Street and virtually through the Zoom webinar application (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
PARTICIPATION
To provide oral comments in real-time during the meeting:
Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatoscagov.zoom.us/j/87922005778?pwd=RnNadElXWEVQd290dDJJVzEwaEw3Zz09 Passcode: 771495 You can also type in 87922005778 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.
o When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand. Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100
o If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: If you wish to speak during the meeting, please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk. If you wish to speak to an item on the agenda, please list the item number. If you wish to speak on an item NOT on the agenda, please list the subject and you may speak during the “Verbal Communications” period. The time allocated to speakers may change to better facilitate the Town Council meeting.
When called to speak, you may be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting. If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time.
If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting
will be reviewed and distributed before the meeting. All comments received will become part of the record.
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)).
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
· Addressing the Town Council Meeting without first being recognized; · Interrupting speakers, Town Council Meeting, or Town staff; · Continuing to speak after the allotted time has expired; · Failing to relinquish the microphone when directed to do so; · Repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another speaker. Disruption of the meeting may result in a violation of Penal Code Section 403.
MEETING CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
PRESENTATIONS
i. Peace Officers Memorial Day and National Police Week Proclamation ii. National Public Works Week Proclamation
iii. Municipal Clerks Week Proclamation
iv. Building Safety Month Proclamation
COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on
the item will be heard.)
1. Approve the Draft Minutes of the April 18, 2023 Town Council Meeting.
2. Adopt an Ordinance Repealing and Replacing Town Code Chapter 5, “Bicycles,” with a new Chapter 5, “Bicycles and Regulated Mobility Devices,” to Remove Obsolete Requirements and Add Regulations for E-Bikes and Regulated Mobility Devices and
Amending Section 23.30.010, “Exceptions from Article” to Address Required Approval of Bicycle Racks in the Public Right of Way.
3. Adopt a Resolution Making Determinations and Approving the Reorganization of an Uninhabited Area Designated as Stephenie Lane No. 4, Approximately 0.53 Acres on Property Pre-Zoned R-1:8. APN 523-25-034. Exempt Pursuant to CEQA Guidelines Section 15061(b)(3): Common Sense Exemption. Annexation Application AN22-003.
Project Location: 15974 Stephenie Lane. Property Owner/Applicant: Ron and Daphne Watson.
4. Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 20, 2023 as a Public Hearing to Consider Objections to the Proposed Removal of Brush.
5. Adopt a Resolution Approving Engineer’s Report, Adopt Resolution of Intention to Order Levy Collection of Assessments for the Following Landscape and Lighting Districts:
Blackwell Drive, Kennedy Meadows, Santa Rosa Heights, Vasona Heights, Hillbrook Drive, Gemini Court, and Set Public Hearing for June 20, 2023.
6. Adopt a Resolution Summarily Vacating 0.038 Acres of a 0.055-Acre Public Utility Easement at 15714 Kavin Lane.
7. Approve a Side Letter of Agreement Between the Town of Los Gatos and the Police Officers Association (POA) to Modify the Vacation Accrual Cap Through June 30, 2024 and Authorize the Town Manager to Execute the Side Letter.
8. Adopt a Resolution Approving the Parcel Map for 16194 Fisher Avenue and Accepting Dedication.
9. Authorize the Town Manager to Execute a Second Amendment to the Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program with a $65,874 Augmentation for Fiscal Year 2023/24.
10. Rescind and Replace the Town’s Economic Recovery Resolution 2022-066 with Draft Economic Recovery Resolution (Attachment 1) to Continue to Support the Town’s Economic Recovery Efforts, Including the Completion of the Construction and Implementation of the Semi-Permanent Parklet Program, and to Allow Time for the Planning Commission and Town Council to Consider Implementing Amendments to the Town Code that Reflect the Streamlining Efforts of the Resolution.
11. Approve a First Amendment to the Axon Body Worn Camera Agreement for an Increase of $25,095 for a Total Agreement Not-to-Exceed Amount of $275,629 Consisting of the Following:
a. Increase Total Quantity of Axon Body-Worn Camera Equipment and Charging Docks Not to Exceed a Total of $15,095; and
b. Increase Axon Digital Evidence Storage Capacity for Audio and Video Recordings Not to Exceed a Total of $10,000.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.)
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
12. Receive the 2022 Complete Streets Transportation Commission (CSTC) Accomplishments and Provide Direction on the CSTC 2023 Work Plan.
13. Receive the Report and Provide Direction on Potential Changes to the Town’s Transportation Impact Fee.
14. Authorize the Town Manager to Execute an Agreement for Services with the Los Gatos Chamber of Commerce to Manage the Town’s Visitors Information Center Including a Visit Los Gatos Website, Related Social Media Pages, and Participation with Related Community Vitality Initiatives as Outlined in the Scope of Services in an Amount Not to Exceed $55,000.
15. Provide Direction for the Potential Disposition and Use of 224 W. Main Street (APN 510- 44-069).
ADJOURNMENT IN MEMORY OF PETER SIEMENS, FORMER LOS GATOS MAYOR AND COUNCIL MEMBER, AND MID-PENNINSULA OPEN SPACE DISTRICT BOARD MEMBER (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time).
Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers.
Note: In accordance with Code of Civil Procedure §1094.6; litigation challenging a quasi-adjudicatory decision of the Town Council must be brought within 90 days after the decision is final unless a shorter time is required by State or Federal law.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/02/2023
ITEM NO: 1
DRAFT
Minutes of the Town Council Meeting
Tuesday, April 18, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, April 18, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes (participated remotely under the Brown Act), Council Member Rob Moore (participated remotely under the Brown Act), Council Member Rob Rennie.
Absent: None
PLEDGE OF ALLEGIANCE
Fisher Math Team led the Pledge of Allegiance. The audience was invited to participate.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated Council met in Closed Session on April 11, 2023 to discuss the items duly noted on the closed session agenda and there was no reportable action.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Vice Mayor Badame stated she attended two Democracy Tent meetings, the Conceptual Development Advisory Committee (CDAC) meeting, and the Finance Commission meeting as an observer.
- Council Member Rennie stated he attended the Local Agency Formation Commission (LAFCO) meeting as a Santa Clara County Fire Safe Council board member and the Silicon Valley Clean Energy Authority Board meeting; chaired the Valley Transportation Authority (VTA) Policy Advisory Committee meeting; and attended the Cities Association Board meeting, Cities Association Legislative Action Committee meeting as an alternate, and the Finance Commission meeting.
- Council Member Moore stated he was awarded the Ally of the Year by Bay Area Municipal Elections Committee (BAMEC), attended a West Valley Muslim Association Ramadan Iftar celebration, the West Valley Sanitation District (WVSD) meeting, was interviewed by the Los Gatos High School Paper with Mayor Ristow, met with Senator Josh Becker, together with the Mayor met with District 9 Councilmember Pam Foley, and attended a Democracy Tent meeting.
- Council Member Hudes stated he had no meetings to report.
PAGE 2 OF 11
SUBJECT: Draft Minutes of the Town Council Meeting of April 18, 2023 DATE: April 18, 2023
Council Matters – continued
- Mayor Ristow stated in addition the meetings and events already stated, she attended a press conference regarding distracted driving month, met with District 9 Councilmember Pam Foley with Council Member Moore, attended a Valley Water Commission meeting, commented on the upcoming Valley Water Board Budget Work Study Session, and attended a CDAC meeting and a Finance Commission meeting.
Manager Matters
- Announced a community workshop regarding the Town Equity, Diversity, and Inclusion Plan will be held via Zoom this Thursday on 6:00 p.m. and asked the individuals interested in attending to RSVP to [email protected].
- Announced Spring into Green will be held on April 23, 2023, at Town Plaza Park at 10 a.m. to 1:00 p.m. and invited all to attend.
- Announced a community workshop regarding Military Equipment will be held at 3:00 p.m. on April 26, 2023 in the Library Technology Room.
- Announced National Library Week is next week and invited all to attend a craft activity on April 25 at 4:30 p.m. to celebrate.
- Announced the Planning Commission will hear proposed Town Code changes to improve economic vitality and streamline the permitting process and amendments to the Story Pole Policy on April 26 during the regular meeting.
- Announced the Adult Board and Commission recruitment is underway and applications are due May 26 at 4:00 p.m. to the Clerk’s Office.
- Announced the Youth Commission recruitment is also underway and applications are due April 28 at 4:00 p.m. and more information can be found at Clerk Department webpage.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Draft Minutes of the April 3, 2023 Closed Session Town Council Meeting.
2. Approve the Draft Minutes of the April 4, 2023 Town Council Meeting.
3. Approve Draft Minutes of the April 11, 2023 Closed Session Town Council Meeting.
4. Adopt a Resolution Describing Improvements and Directing the Preparation of the Town Engineer’s Report for Fiscal Year 2023/24 for Landscape and Lighting Assessment Districts No. 1 and 2. RESOLUTION 2023-014
5. Adopt an Ordinance of the Town Council of the Town of Los Gatos, Amending Planned Development Ordinance 2172 Relative to the Maximum Residence Size Allowed on Lot 14 and the Maximum Average Residence Size Allowed in the Shannon Valley Ranch Subdivision and Repealing Ordinance 2172 for the Shannon Valley Ranch Subdivision at Shannon and Hicks Roads (Shannon Oaks and Mountain Laurel Lanes) on Property Zoned HR-5:PD. APN: 567-24-023. This Request for Modification of a Planned Development Ordinance is not Considered a Project Under the California Environmental Quality Act.
Planned Development Ordinance Application PD-22-001. Location: 300 Mountain Laurel Lane. PROPERTY OWNER: Bright Smile Dental Office Defined Benefit Plan. APPLICANT:
Kunling Wu, Trustee. ORDINANCE 2338
PAGE 3 OF 11
SUBJECT: Draft Minutes of the Town Council Meeting of April 18, 2023 DATE: April 18, 2023
Consent Items - continued
6. Authorize the Town Manager to Execute a Notice of Completion and Certificate of Acceptance for the Fiscal Year 2022 Annual Storm Drain Improvements – 62 Ellenwood Avenue Project (CIP No. 816-0420), Completed by Casey Construction, and Authorize the Town Clerk to File for Recordation.
7. Receive the Monthly Financial and Investment Report (February 2023).
8. Authorize a Revenue and Expenditure Budget Adjustment in the amount of $750,000 from Available American Rescue Plan Act Proceeds to the Roadside Fire Fuel Reduction Project (CIP No. 812-0130).
9. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $28,000 to Recognize Receipt and Expenditure of Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant Funds.
10. Adopt a Resolution to Set a Date for Consideration of the Reorganization of an Uninhabited Area Designated as Stephenie Lane No. 4, Approximately 0.53 Acres on Property Pre-Zoned R-1:8. APN 523-25-034. Exempt Pursuant to CEQA Guidelines Section 15061(b)(3):
Common Sense Exemption. Annexation Application AN22-003. Project Location: 15974 Stephenie Lane. Property Owner/Applicant: Ron and Daphne Watson. RESOLUTION 2023- 015
11. Annual Street Repair and Resurfacing Project (CIP No. 811-9901):
a. Award and Execute a Construction Agreement with Pavement Coating Company in an Amount Not to Exceed $3,341,090; and
b. Authorize Staff to Execute Change Orders in an Amount Not to Exceed Fifteen Percent of the Contract Award Amount.
12. Americans with Disabilities Act (ADA) Restroom at the Adult Recreation Center (CIP No. 821-2601):
a. Reject All Bids Received and Opened on March 24, 2023 for the Project; and b. Authorize the Town Manager to Re-Bid the Project with a Revision to a Contractor License Requirement.
13. Approve an Amendment to the Town Employee Association (TEA) Salary Schedule to Establish a New Classification Title and Salary Range for Librarian II and to Amend the Classification Title of Librarian to Librarian I.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Vice Mayor Badame to approve consent items 1-13. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously by a roll call vote.
PAGE 4 OF 11
SUBJECT: Draft Minutes of the Town Council Meeting of April 18, 2023 DATE: April 18, 2023
VERBAL COMMUNICATIONS
Jim Zanardi
- Commented on freedom of expression.
Ron Meyer
- Commented on accountability and the Town of Los Gatos policies and procedures.
Lee Quintana
- Commented on the Code of Conduct policy and requested the Town Council agendize it for a future meeting.
Lynley Hogan
- Stated a verbal complaint against the Mayor.
OTHER BUSINESS
14. Consider the Following Actions for the Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218):
a. Approve the Plans and Specifications;
b. Authorize Advertising the Project for Bid Contingent on Receiving Caltrans Authorization;
c. Authorize the Town Manager to Execute the Second Amendment to the Consulting Services Agreement with ActiveWayz Engineering for Additional Engineering Services During Bid, Award, and Construction in an Amount of $25,238, Resulting in a Total Agreement Amount Not to Exceed $196,709;
d. Authorize an Expenditure Budget Transfer in an Amount of $133,380 from available Traffic Mitigation Funds;
e. Authorize an Expenditure Budget Transfer in an Amount of $200,000 from Available Funds in Fund 461 CIP #816-0420;
f. Authorize an Expenditure Budget Transfer in an Amount of $60,000 from Available Funds in CIP #813-0221;
g. Authorize an Expenditure Budget Transfer in an Amount of $231,524 from Available Funds in CIP #813-0231; and
h. Authorize an Expenditure Budget Transfer in an Amount of $219,772 from Available Funds in CIP #811-9902.
Nicolle Burnham, Director of Parks and Public Works, presented the staff report.
Opened Public Comment.
Maria Gerst
- Requested the Council not approve a design until the residents have a chance to understand the changes.
PAGE 5 OF 11
SUBJECT: Draft Minutes of the Town Council Meeting of April 18, 2023 DATE: April 18, 2023
Other Business Item #14 – continued
Cheri Finalle
- Commented on concerns with the project and requested the plan be revised to include additional green space.
Helen and Jimmy Sun
- Commented on including additional green space in the proposed plans, stated concerns with excessive buffers.
Andrew Horowitz
- Commented on concerns with the project and funding, and requested the plan include additional greenery.
Mark Bony
- Commented on concerns with the project and requested the project be rescoped to better fit the neighborhood.
Jeff Thompson
- Commented in support of the item.
Ted Moorhead
- Commented on safety concerns and requested additional transparency on the project.
Gillian Verga
- Commented in support of the item.
Bill Elhers
- Commented in support of the item.
Wendy Riggs, Los Gatos-Monte Sereno Safe Routes to School (SR2S) - Commented in support of the item, requested the removal of the porkchop right turn onto Los Gatos Boulevard.
Ali Miano
- Commented in support of the item.
Maddon Hoh-Choi, student
- Commented in support of the item.
Bill Highstreet
- Commented on concerns of funding and fiscal sustainability.
PAGE 6 OF 11
SUBJECT: Draft Minutes of the Town Council Meeting of April 18, 2023 DATE: April 18, 2023
Other Business Item #14 – continued
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Moore to authorize the Town Manager to execute the second amendment to the consulting services agreement with ActiveWayz Engineering for additional engineering services during bid, award, and construction in an amount of $25,238, resulting in a total agreement amount not to exceed $196,709; return the Shannon Road Pedestrian and Bikeway improvements project to staff with direction to revise the design to minimize large asphalt buffers, remove parking spaces, add trees wherever possible; organize a community meeting; and prioritize returning this item to Council in as much of a timely manner as possible in order to maintain the grant funding. AMENDMENT: to hold the community meeting on-site with the residents. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously by a roll call vote.
MOTION: Motion by Mayor Ristow to authorize an Expenditure Budget Transfer in an amount of $133,380 from available Traffic Mitigation Funds; authorize an Expenditure Budget Transfer in an amount of $200,000 from available funds in Fund 461 CIP #816-0420; authorize an Expenditure Budget Transfer in an amount of $60,000 from available funds in CIP #813-0221; authorize an Expenditure Budget Transfer in an amount of $231,524 from available funds in CIP #813-0231; and authorize an Expenditure Budget Transfer in an amount of $219,772 from available funds in CIP #811-9902. Seconded by Council Member Moore.
VOTE: Motion passed 3-2 by a roll call vote. Council Member Hudes and Vice Mayor Badame voted no.
Recess at 9:35
Reconvene at 9:45 p.m.
15. Provide Direction for the Potential Disposition and Use of Calfhill Court (APN 529-21-034).
Laurel Prevetti, Town Manager, presented the item.
Opened Public Comment.
No one spoke.
PAGE 7 OF 11
SUBJECT: Draft Minutes of the Town Council Meeting of April 18, 2023 DATE: April 18, 2023
Other Business Item #15 – continued
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Moore to direct staff to assess at a high level the feasibility of affordable housing at Calfhill Court to see if it is possible. Seconded by Council Member Hudes.
VOTE: Motion passed 4-1 by a roll call vote. Council Member Rennie voted no.
16. Provide Direction for the Potential Disposition and Use of 224 W. Main Street (APN 510-44- 069).
Gabrielle Whelan, Town Attorney, stated that due to two Council Members participating remotely and Mayor Ristow recusing herself based on her proximity to the property, staff recommends the Council make a motion to continue the item to a subsequent meeting and further recommends that Mayor Ristow recuses herself from voting on the motion to continue the item.
MOTION: Motion by Council Member Rennie to reopen the public hearing on item #15.
Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously by a roll call vote.
Opened public comment on item #15.
Lee Quintana
- Commented on concerns of the topography of the site and made suggestion for the possible sale of the property.
Closed Public Comment on item #15.
Opened Public Comment on item #16.
Kathryn Hedges
- Commented on possible affordable housing use.
Closed public hearing on item #16.
PAGE 8 OF 11
SUBJECT: Draft Minutes of the Town Council Meeting of April 18, 2023 DATE: April 18, 2023
Other Business Item #16 – continued
MOTION: Motion by Vice Mayor Badame to continue the item to a subsequent date determined by staff. Seconded by Council Member Rennie.
VOTE: Motion passed 4-0-1 by a roll call vote. Council Member Ristow recused.
17. Rescission of Planning Commissioner Censure.
Council Member Moore recused himself due to his relationship with the Planning Commissioner and exited the meeting.
Gabrielle Whelan, Town Attorney, presented the item.
Opened Public Comment.
Michelle Lee
- Commented in support of Kylie Clark and rescinding the censure.
Ali Miano, Los Gatos Anti-Racism Coalition
- Commented in support of Kylie Clark and rescinding the censure.
Max Mautner
- Commented in support of the item.
James Dunlay
- Commented on concerns with Kylie Clark’s letter to HCD.
Kerri Dunlay
- Commented on concerns with Kylie Clark’s actions.
Joe Rodgers
- Commented on concerns and requested an independent attorney review this item.
Kathryn Hedges, Showing Up For Racial Justice
- Commented on concerns with the censure.
Karen Rubio, Plant Based Advocates and Los Gatos Anti-Racism Coalition - Commented in support of Kylie Clark and rescinding the censure.
Maddon Hoh-Choi, student
- Commented in support of Kylie Clark and rescinding the censure.
PAGE 9 OF 11
SUBJECT: Draft Minutes of the Town Council Meeting of April 18, 2023 DATE: April 18, 2023
Other Business Item #17 – continued
Shilpi Agarwal, ACLU of Northern California
- Commented in support of the item and explained why the ACLU reached out to Commissioner Clark after learning of the censure.
Ron Meyer
- Commented on concerns with the letter Kylie Clark sent to HCD.
Karen Delaney
- Commented on concerns with emails sent by the Vice Mayor regarding the letter sent by Kylie Clark to the HCD.
Seema Patel
- Commented in support of rescinding the censure of Kylie Clark.
Evan Adams
- Commented on freedom of speech and stated support for rescinding the censure.
Karen Tkach Tuzman
- Commented on historical events and stated support of rescinding the censure of Kylie Clark.
Elly Hudson
- Commented on freedom of speech and stated support of rescinding the censure of Kylie Clark.
Brian Bernasconi
- Commented in support of Kylie Clark and rescinding the censure.
Lee Quintana
- Commented in support rescinding the censure and requested an apology to Kylie Clark.
K T
- Commented in support rescinding the censure and requested an apology to Kylie Clark.
Kim Clark
- Commented in support of rescinding the censure of Kylie Clark.
Tamela Fish
- Commented in support of rescinding the censure of Kylie Clark.
PAGE 10 OF 11
SUBJECT: Draft Minutes of the Town Council Meeting of April 18, 2023 DATE: April 18, 2023
Other Business Item #17 – continued
Jeff Suzuki, Anti-Racism Coalition
- Commented in support Kylie Clark and rescinding the censure.
Quinn Morgan
- Commented in support of rescinding the censure of Kylie Clark.
Nika Sabouri
- Commented in support Kylie Clark’s freedom of speech.
Alexander Melendez
- Commented in support of rescinding the censure and requested an apology to Commissioner Clark.
Elizabeth Conlan
- Commented in support of the item.
Andrew Siegler, Showing Up for Racial Justice
- Commented in support of rescinding the censure and requested an apology to Commissioner Clark.
Kinsely Lee, Los Gatos Anti-Racism Coalition
- Commented in support of rescinding the censure of Kylie Clark.
Jane
- Commented on concerns with the letter Kylie Clark sent to HCD.
Kylie Clark
- Commented on her experience and requested Council rescind the censure.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Vice Mayor Badame to extend the meeting to 12:30 a.m. Seconded by Mayor Ristow.
VOTE: Motion passed 4-0-1 by a roll call vote. Council Member Moore recused.
PAGE 11 OF 11
SUBJECT: Draft Minutes of the Town Council Meeting of April 18, 2023 DATE: April 18, 2023
Other Business Item #17 – continued
MOTION: Motion by Vice Mayor Badame to extend the meeting to 12:40 a.m. Seconded by Mayor Ristow. (Motion was made during discussion of motion below.) VOTE: Motion passed 4-0-1 by a roll call vote. Council Member Moore recused.
MOTION: Motion by Council Member Rennie to rescind the censure of Commissioner Clark.
AMENDMENT: to investigate Ms. Clark for potential conflict of interest and bias to the same standard to which all Council Members and appointees are held to, conducted by independent outside Counsel and provided to the Town Council for further consideration, if appropriate; and staff will investigate all other Planning Commission Members for conflict of interest starting with the Fair Political Practices Economic Disclosure Form 700s. Seconded by Mayor Ristow.
VOTE: Motion passed 3-0-1-1 by a roll call vote. Council Member Moore recused; Vice Mayor Badame abstained.
ADJOURNMENT
The meeting adjourned at 12:25 p.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Clerk
PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 5/2/2023
ITEM NO: 2
DATE: April 27, 2023
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt an Ordinance Repealing and Replacing Town Code Chapter 5, “Bicycles,” with a new Chapter 5, “Bicycles and Regulated Mobility Devices,” to Remove Obsolete Requirements and Add Regulations for E-Bikes and Regulated Mobility Devices and Amending Section 23.30.010, “Exceptions from Article” to Address Required Approval of Bicycle Racks in the Public Right of Way
RECOMMENDATION:
Adopt the Ordinance Repealing and Replacing Town Code Chapter 5, “Bicycles,” with a new Chapter 5, “Bicycles and Regulated Mobility Devices,” to Remove Obsolete Requirements and Add Regulations for E-Bikes and Regulated Mobility Devices and Amending Section 23.30.010, “Exceptions from Article” to Address Required Approval of Bicycle Racks in the Public Right of Way.
BACKGROUND:
At its regular meeting of April 4, 2023, the Town Council held a public hearing to consider the introduction of an Ordinance Repealing and Replacing Town Code Chapter 5, “Bicycles,” with a new Chapter 5, “Bicycles and Regulated Mobility Devices,” to Remove Obsolete Requirements and Add Regulations for E-Bikes and Regulated Mobility Devices and Amending Section
23.30.010, “Exceptions from Article” to Address Required Approval of Bicycle Racks in the Public Right of Way. The Town Council voted 5-0 to approve the Introduction of this ordinance.
The ordinance will become effective 30 days after the adoption.
PAGE 2 OF 2
SUBJECT: Ordinance Regulating Bicycles and Regulated Mobility Devices DATE: April 27, 2023
CONCLUSION:
Staff recommends Town Council adopt the Ordinance Repealing and Replacing Town Code Chapter 5, “Bicycles,” with a new Chapter 5, “Bicycles and Regulated Mobility Devices,” to Remove Obsolete Requirements and Add Regulations for E-Bikes and Regulated Mobility Devices and Amending Section 23.30.010, “Exceptions from Article” to Address Required Approval of Bicycle Racks in the Public Right of Way.
COORDINATION:
This report was coordinated by the Town Attorney’s Office and the Town Manager’s Office.
FISCAL IMPACT:
The Ordinance will not have a fiscal impact.
ENVIRONMENTAL ASSESSMENT:
The Ordinance is not a project defined under the California Environmental Quality Act, and no further action is required.
Attachments:
1. Bicycle Ordinance
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Ordinance DATE
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING AND REPLACING CHAPTER 5, “BICYCLES,” OF THE TOWN CODE WITH A NEW CHAPTER 5, “BICYCLES AND REGULATED MOBILITY DEVICES” AND AMENDING SECTION 23.30.010, “EXCEPTIONS FROM ARTICLE,” OF TITLE 23, “STREETS AND SIDEWALKS,” TO ADDRESS BICYCLE RACKS IN THE PUBLIC RIGHT OF WAY WHEREAS, the Town’s bicycle ordinance is codified in Chapter 5 of the Town Code; and WHEREAS, a number of the provisions such as the bicycle licensing requirement are outdated and should be removed; and
WHEREAS, the use of electric bicycles in Town has proliferated; and WHEREAS, California Vehicle Code Sections 21100 and 21206 authorize the Town to regulate the use of bicycles, electric bicycles, and other regulated mobility devices; and WHEREAS, the Town wishes to regulate the use of bicycles, electric bicycles and other regulated mobility devices; and
WHEREAS, Town Code Section 23.30.010 addresses encroachments in the public right of way; and
WHEREAS, the placement of bicycle and regulated mobility device racks should be removed from the portion of the Town Code addressing the use of bicycles and recodified in the portion of the Town Code addressing encroachments in the public right of way; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Town Code Chapter 5, “Bicycles,” is repealed and replaced to read as follows:
“Bicycles and Regulated Mobility Devices
Section 5.10.010 Definitions
“Bicycle” has the same meaning as in California Vehicle Code Section 231, as it may be amended from time to time.
“Electric bicycle” has the same meaning as in California Vehicle Code Section 312.5, as it may be amended from time to time.
ATTACHMENT 1
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Ordinance DATE
“Electric personal assistive mobility device” has the same meaning as in California Vehicle Code Section 313, as it may be amended from time to time. “Electrically motorized boards” has the same meaning as in California Vehicle Code Section 313.5, as it may be amended from time to time.
“Low speed vehicle” has the same meaning as in California Vehicle Code Section 385.5, as it may be amended from time to time.
“Motorized scooter” has the same meaning as in California Vehicle Code Section 407.5, as it may be amended from time to time.
“Operator” means a person who owns, operates, and/or controls a regulated mobility device.
“Pedestrian path” means any publicly owned path for the exclusive use of pedestrians. “Regulated mobility device” means an electric bicycle, electric personal assistive mobility device, electrically motorized board, low-speed vehicle, motorized scooter, and any other similar vehicle.
“Rider” means a traveler riding in or on a regulated mobility device who is not operating it. “Vehicle” has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time.
Section 5.10.020 Applicability of State law; violations generally. (a) In addition to the restrictions imposed by this Chapter, every person riding or operating a bicycle or regulated mobility device within the Town shall exercise all due care and reduce the speed of the device, obey all traffic control devices, and take all other action relating to operation of the device as necessary to safeguard the operator, passengers, and any persons or other vehicles or devices in the immediate area. All persons must comply with all State laws pertaining to the equipping of and operation of bicycles and regulated mobility devices, particularly those sections of the California Vehicle Code pertaining to obedience to traffic officers and firefighters, accidents and accident reports, and all rules of the road.
(b) It shall be unlawful for any person to ride or operate a bicycle or regulated mobility device in violation of any of the provisions of the California Vehicle Code or this Chapter.
Section 5.10.030 Riding on sidewalks and pedestrian paths prohibited. (a) No person shall ride or operate a bicycle or regulated mobility device on any sidewalk or pedestrian path, except as specifically permitted in this Chapter. (b) Juveniles under the age of ten years, exercising due care, may ride and operate their bicycles or regulated mobility devices upon a sidewalk, except that no bicycles or regulated mobility device shall be ridden or operated by any person upon any sidewalk within a business or commercial district unless specifically permitted in this Chapter.
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Ordinance DATE
(c) Persons exercising due care and caution may ride and operate their bicycles or regulated mobility devices upon a sidewalk in the direction indicated when the sidewalk has been designated on an approved bicycle route plan as a “bicycle route” and has been properly signed and delineated as a bicycle route facility.
Section 5.10.040 Riding in groups.
Persons riding or operating bicycles or regulated mobility devices on a public highway or street shall not ride more than two abreast, except on paths or parts of a roadway set aside for the exclusive use of bicycles and regulated mobility devices; and persons riding upon a sidewalk as may be specifically permitted in this Chapter shall ride in single file only.
Section 5.10.050 Racing.
No person riding or operating a bicycle or regulated mobility device upon a public highway or street shall participate in any race, speed, or endurance contest unless such race or contest has the written permission of the Town Council or designee and is under the supervision of the Chief of Police.
Section 5.10.060 Trick riding.
No person riding or operating a bicycle or regulated mobility device upon a public highway, street, or sidewalk, as may be specifically permitted in this Chapter, shall perform, or attempt to perform, any acrobatics, trick or stunt.
Section 5.10.070 Riding in playgrounds or school grounds.
No person shall ride or operate a bicycle or regulated mobility device upon any playground or school grounds without permission of the person having supervision thereof.
Section 5.10.080 Parking.
No person shall park any bicycle or regulated mobility device against windows or on the main traveled portion of the sidewalk, nor in such a manner as to constitute a hazard to pedestrians, traffic, or property. If there is no bicycle rack or other facility intended to be used for the parking of bicycles and regulated mobility devices in the vicinity, they may be parked on the sidewalk in an upright position, parallel to and within 24 inches of the curb.
Section 5.10.090 Penalties for violations and enforcement. (a) Penalties for violations.
(1) The penalty for a first violation of this Chapter is $50. (2) The penalty for a second violation of this Chapter is $75. (3) The penalty for a third violation of this Chapter is $100. (b) In lieu of a citation or other prosecution as authorized by this Code, the Police Chief or designee may allow a violator of this Chapter to complete a Police
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Ordinance DATE
Department-approved safety course for bicycles or regulated mobility devices under the following circumstances:
(1) It is the violator’s first violation; and
(2) The violator is 14 years of age or younger.
Section 5.10.100 Exemptions.
(a) Public agency personnel. Notwithstanding any other provision of this Chapter, or any other Section of this Code, Town and public agency personnel ay operate regulated mobility devices or other vehicles at any place in the Town in the performance of their official duties.
(b) Disability. This Chapter does not apply to, or otherwise restrict, regulated mobility devices used in a safe manner by physically disabled persons as defined in the Americans with Disabilities Act.”
SECTION II. Subsection (b)(1) of Section 23.30.010, “Exceptions from article,” of Chapter 23, “Streets and Sidewalks,” is amended to read as follows:
“Lampposts, hydrants, or bicycle or regulated mobility device racks, erected by permission of the Town.”
SECTION III. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION IV. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION V. Publication.
The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
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Ordinance DATE
SECTION VI. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 4th Day of April, 2023, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the _________, 2023. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
PREPARED BY: Savannah Van Akin
Assistant Planner
Reviewed by: Town Manager, Town Attorney, Community Development Department Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/2/2023
ITEM NO: 3
DATE: April 27, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Making Determinations and Approving the Reorganization of an Uninhabited Area Designated as Stephenie Lane No. 4, Approximately
0.53 Acres on Property Pre-Zoned R-1:8. APN 523-25-034. Exempt Pursuant to CEQA Guidelines Section 15061(b)(3): Common Sense Exemption.
Annexation Application AN22-003. Project Location: 15974 Stephenie Lane.
Property Owner/Applicant: Ron and Daphne Watson.
RECOMMENDATION:
Adopt a resolution (Attachment 1) making determinations and approving the reorganization of an uninhabited area designated as Stephenie Lane No. 4, approximately 0.53 acres, located at 15974 Stephenie Lane (APN 523-25-034).
BACKGROUND:
The Town has an agreement with Santa Clara County that requires annexation of any property located within the Town's Urban Service Area boundary that is either contiguous to a Town boundary or within 300 feet of a Town maintained roadway if a use is proposed to intensify.
The subject property is within 300 feet of a Town boundary. Annexation has been requested in conjunction with a proposal to demolish an existing single-family residence and construct a new single-family residence on the property. The total annexation area (0.53 acres) does not include any County street right-of-way.
Section 56757 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 gives cities in Santa Clara County the authority to annex territory without application to and hearing by the Santa Clara County Local Agency Formation Commission (LAFCO).
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SUBJECT: Stephenie Lane No. 4/AN22-003
DATE: April 27, 2023
BACKGROUND (continued):
This Annexation was introduced at the April 18, 2023 Town Council meeting and the approval of the reorganization is set for May 2, 2023.
DISCUSSION:
The Town has received a petition requesting annexation to the Town of Los Gatos from Ron and Daphne Watson, owner of the property at 15974 Stephenie Lane. The property is located on the east side of Stephenie Lane in an unincorporated County pocket (Attachment 2).
The property is in the Town's Urban Service Area, is within 300 feet of a Town boundary, and is pre-zoned R-1:8 (Single-Family Residential, 8,000 square foot minimum lot size). Annexation would allow Town services to be extended to the property and reduce the size of an existing County pocket.
Because this is a 100 percent consent, uninhabited annexation (less than twelve registered voters), a public hearing is not required. Required notice of the annexation was provided to Santa Clara County Planning and the County Library Service Area.
COORDINATION:
The preparation of this report was coordinated with the Santa Clara County Infrastructure Development Division, LAFCO, Santa Clara County Assessor, Santa Clara County Surveyor, and the Santa Clara County Planning Division.
FISCAL IMPACT:
Once the annexation is certified by the State Board of Equalization, the Town will receive approximately 9.3 percent of the property taxes.
ENVIRONMENTAL ASSESSMENT:
The project is exempt pursuant to the California Environmental Quality Act Guidelines under Section 15061(b)(3): Review for Exemption, in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. A Notice of Exemption will not be filed.
Attachments:
1. Resolution (includes Exhibits A and B)
2. Location Map
Draft Resolution: subject to
modification by Town Council
based on
deliberations and direction
RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION
OF AN UNINHABITED TERRITORY AREA DESIGNATED AS
STEPHENIE LANE NO. 4
APN: 523-25-034
APPROXIMATELY 0.53 ACRES
ANNEXATION APPLICATION: AN22-003
PROPERTY LOCATION: 15974 STEPHENIE LANE
PROPERTY OWNER/APPLICANT: RON AND DAPHNE WATSON
WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated as Stephenie No. 4 from Ron and Daphne Watson; and WHEREAS, the property, approximately 0.53 acres and includes no County street rightof-way located at 15974 Stephenie Lane, APN: 523-25-034, is within 300 feet of a Town boundary and within the Town’s Urban Service Area; and
WHEREAS, the following special district would be affected by the proposal: Santa Clara County Library Service Area;
WHEREAS, the annexation would provide for use of Town services; and WHEREAS, the Town Council enacted Ordinance 1267 in 1975 pre-zoning the subject territory with an R-1:8 (single-family residential, 8,000 square foot minimum lot size) zoning designation; and
WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the reorganization, has determined annexation of the subject property is exempt from the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and ATTACHMENT 1
WHEREAS, the County Surveyor of Santa Clara County has found the description and map (Exhibit A and B) to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO’s road annexation policies; and
WHEREAS, as provided in Government Code Section 56757, the Town Council of the Town of Los Gatos shall be the conducting authority for a reorganization including an annexation to the Town; and
WHEREAS, the territory is uninhabited and all owners of land included in the proposal have consented to this annexation; and
WHEREAS, Government Code Section 56662(a) provides that if a petition for annexation is signed by all owners of land within the affected territory the Town Council may approve or disapprove the annexation without a public hearing; and WHEREAS, evidence was presented to the Town Council.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos as follows:
1. That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated as Stephenie No. 4, more particularly described in Exhibits A and B;
2. That the following findings are made by the Town Council of the Town of Los Gatos:
a. Said territory is uninhabited and comprises approximately 0.53 acres; b. The annexation is consistent with the orderly annexation of territory within the Town’s Urban Service Area and is consistent with the Town policy of annexing when required by the Town’s agreement with the County of Santa Clara;
c. The project is exempt from the California Environmental Quality Act (CEQA) under Title 14 Code of Regulations, Chapter 3: Guidelines for the Implementation of CEQA Section 15061(b)(3);
d. The Town Council enacted Ordinance 1267 in 1975 pre-zoning the subject territory with an R-1:8 (Single-Family Residential, 8,000 square foot minimum lot size) zoning designation;
e. The territory is within the Town’s Urban Service Area as adopted by the Local Agency Formation Commission of Santa Clara County;
f. The County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission’s road annexation policies. The County Surveyor has been reimbursed for the actual cost incurred by the County Surveyor in making this determination; g. The proposed annexation will not create an area in which it would be difficult to provide municipal services;
h. The proposed annexation does not split lines of assessment or ownership; i. The proposed annexation is consistent with the Town’s General Plan; j. The territory to be annexed is contiguous to a Town boundary; and k. The Town has complied with all conditions imposed by the Commission for inclusion of the territory in the Town’s Urban Service Area.
3. That all owners of land within the affected territory have provided written consent to the reorganization and no subject agency has submitted written opposition to a waiver of protest proceedings;
4. That upon completion of these reorganization proceedings the territory described in Exhibit A will be annexed to the Town of Los Gatos and will be detached from the Santa Clara County Library Service Area; and
5. That upon completion of these reorganization proceedings the territory reorganized will be taxed on the regular County assessment roll, including taxes for existing bonded indebtedness.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2
nd day of May 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
EXHIBIT “A”
STEPHENIE LANE NO. 4
ANNEXATION TO THE TOWN OF LOS GATOS
GEOGRAPHIC DESCRIPTION
All that certain real property, situate in portion of Rancho Rinconada De Los Gatos, lying in the County of Santa Clara, State of California, described as follows:
Beginning at the angle point on the most westerly line of the Annexation to the Town of Los Gatos, as defined by the Annexation titled “Linda Avenue No. 2”, said point being S. 22°00’00” E., 21.39 feet from the northwesterly corner of the Lands of Meyer, as shown upon said annexation; thence along the most westerly line of said Annexation and its southwesterly extension (1) S. 12°45’00” E., 35.05 feet to the westerly corner of the Annexation to the Town of Los Gatos, as defined by the Annexation titled “Linda Avenue No. 4”; thence (2) S. 12°45’00” E., 56.70 feet to the southerly corner of said; thence leaving said annexation (3) S. 12°45’00” E., 8.21 feet to an angle point; thence (4) S. 68°28’00” W., 232.64 feet to a point on the southwesterly line of that certain 12.217 Acre Parcel of Land conveyed by Leo Baumgartner, ET UX, to Bend Chiro by deed recorded March 23, 1923, in the Office of the County Recorder of Santa Clara County, in Book 20 of Official Records, at page 45, said point also being the northeasterly corner of the Annexation to the Town of Los Gatos, as defined by the Annexation titled “Stephanie Lane No. 1”; thence along said southwesterly line
(5) N. 12°45’00” W., 50.00 feet to the southeasterly corner of the Annexation to the Town of Los Gatos, as defined by the Annexation titled “Stephenie Lane No. 2”; thence along the easterly line of said Annexation
(6) N. 12°45’00” W., 50.00 feet to the most southerly corner of that certain Parcel of Land conveyed by Corrine Chiro, ET VIR to Daniel T. Fisk, ET UX, by deed dated June 9, 1939, recorded July 11, 1939, in Book 936 of Official Records, at page 598, said corner also being the northeasterly corner of said Annexation titled “Stephenie Lane No. 2”; thence, along the southeasterly line of said Parcel of Land
(7) N. 68°28’00” E., 232.64 feet, to the Point of beginning and containing 0.528 acre, more or less
For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described.
Date: 1/31/2023
EXHIBIT A Page 30
EXHIBIT B
Los
Gatos
LOMA
VISTA
AVE
ROCHIN TER
OLEANDER AVE
BLOSSOM HILL RD
LONGWOOD
D
R
OLD BLOSSOM HILL RD
ROCHIN CT
STEPHENIE LN
SHORT RD
W
NI TERBROOK RD
ESCOBAR AVE
LILAC LN
LINDA AVE
ATWOOD
C
T
COSTANCES
CT
CAM
NI O
D
EL CERRO
LINDA AVE
MARY WAY
JASMINE WAY
LU RAY DR
¯
0 100
Feet
·|}þ17
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MONTE
SERENO
CAMPBELL
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SAN
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Prepared for the Office of the County Surveyor
February 07, 2023
August Hanks, County Surveyor
EXHIBIT A
Stephenie Lane No. 4
0.528 acres +/-
County of Santa Clara
Department of Planning and Development
County Government Center, East Wing
70 West Hedding St., 7th Floor
San Jose, California 95110
Stephenie Lane No. 4
Unincorporated Lands
Area of Annexation
Incorporated Lands
ATTACHMENT 2
This Page
Intentionally
Left Blank
PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/02/2023
ITEM NO: 4
DATE: April 14, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 20, 2023 as a Public Hearing to Consider Objections to the Proposed Removal of Brush RECOMMENDATION:
Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 20, 2023 as a public hearing to consider objections to the proposed removal of the brush.
BACKGROUND:
The Santa Clara County Fire Department implements and manages a hazardous brush abatement program for the Wildland Urban Interface (WUI) areas (hillside areas) within its jurisdictional boundaries, which includes the incorporated areas of Los Gatos, to ensure appropriate defensible space for structures.
The Town annually adopts the Hazardous Vegetation (Brush) Abatement Program and works with the County, which serves as the enforcement agent and conducts their own inspections.
In January of each year, homeowners are reminded that they must remove native brush and vegetation from around their home to create defensible space. The brush abatement program entails inspections of hillside properties by fire crews beginning in early April each year. If properties are found to be out of compliance with the regulations found in the California Fire Code relative to vegetation clearance, they are given notice of the violation. A contractor is authorized by the County to perform the necessary work if compliance is still not achieved by approximately the end of June each year.
PAGE 2 OF 4
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 20, 2023 as a Public Hearing to Consider Objections to the Proposed Removal of Brush
DATE: April 14, 2023
BACKGROUND (continued):
The costs associated with the abatement work are then assessed on the property owner’s tax bill for that parcel.
DISCUSSION:
In February of 2023, the Santa Clara County Fire Prevention Division notified property owners located within the designated Wildland Urban Interface (WUI) area of the requirement to comply with the safety regulations related to flammable vegetation abatement (Attachment 2).
At the time of the notice, property owners were given the option to complete the required work themselves, hire their own contractor, or elect to schedule the Town of Los Gatos’ authorized contractor (Santa Clara County) to perform the work.
Below is the scheduled outline for the 2023 hazardous brush abatement program:
February 2023 The 2023 Brush Abatement Program letters were mailed to property owners.
April 1, 2023 Santa Clara County Fire Department (SCCFD) began conducting the first property inspections. A door hanger describing the safety regulations is placed at the property and a copy is mailed to the property owner’s mailing address.
May 2, 2023 Town Council adopts a Resolution declaring hazardous vegetation (brush) a public nuisance and sets June 20, 2023 as a public hearing to consider objections to the proposed removal of brush.
May/June 2023 SCCFD begins re-inspecting the properties that were out of compliance at the time of the first inspection. Property owners who are not in compliance at the time of re-inspection will be identified and notice will be sent to the property owners providing information about the June 20 th
public hearing. The Town publishes notices of the public hearing at least 10 days prior to the hearing.
June 20, 2023 Town Council conducts a public hearing to consider objections to the proposed removal of hazardous vegetation (brush) of parcels declared non-compliant and orders the abatement of the nuisance by the Town’s authorized contractor (Santa Clara County).
PAGE 3 OF 4
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 20, 2023 as a Public Hearing to Consider Objections to the Proposed Removal of Brush
DATE: April 14, 2023
DISCUSSION (continued):
June 2023 After the June 20
th public hearing, an additional inspection of all
identified properties listed on the report will be conducted before the Town’s authorized contractor performs any abatement work. If the property is found to be in compliance at the time of the re-inspection or upon the arrival of the abatement contractor, no work will be performed, and no charges will be imposed.
July 2023 The County provides the Town with an assessment list of charges for work that ultimately was performed by the contractor. If there are no proposed charges, no additional public hearing is required.
August 1, 2023 In the event a list of assessed charges is provided to the Town in July, the Town Council will conduct a public hearing on the hazardous vegetation (brush) abatement charges and adopt a resolution confirming or modifying assessments.
August 2, 2023 The Town submits a list of charges as a special assessment to the County Tax Collector.
CONCLUSION:
Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 20, 2023 as a public hearing to consider objections to the proposed removal of the brush.
COORDINATION:
This program is coordinated with the Santa Clara County Fire Department.
FISCAL IMPACT:
The costs associated with abatement work are placed on the property tax bill for that parcel.
Funds are provided in the FY 2023/24 Budget (Program 5101) to cover the cost of publishing the legal notice for the June public hearing.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
PAGE 4 OF 4
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 20, 2023 as a Public Hearing to Consider Objections to the Proposed Removal of Brush
DATE: April 14, 2023
Attachments:
1. Resolution declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 20, 2023 as a public hearing to consider objections to the proposed removal of brush (includes Exhibit A).
2. Letters sent to property owners within the Wildland Urban Interface (WUI) area.
1 of 3
Resolution 2023 - DATE
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE, ORDERING ABATEMENT, AND SETTING JUNE 20, 2023 AS A PUBLIC HEARING TO CONSIDER
OBJECTIONS TO THE PROPOSED REMOVAL OF BRUSH
WHEREAS, Sections 39560 and following of the Government Code of the State of California authorize the Town of Los Gatos to declare that hazardous vegetation (brush) growing to such size and such type and in such locations as to constitute a fire hazard to the community may be declared a public nuisance and to compel owners, lessees, or occupants of buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, property, and adjacent sidewalks and parkways, and upon the person's failure to do so, to remove or abate such hazardous vegetation (brush) at the owner's expense, making the cost of that abatement a lien upon the property; and
WHEREAS, the Town of Los Gatos has entered into an agreement with the County of Santa Clara to provide hazardous vegetation (brush) abatement services; and WHEREAS, the maintenance of hazardous vegetation (brush) in violation of the Uniform Fire Code adopted by the Town of Los Gatos within the Wildland Urban Interface Fire areas identified and shown on the map (Exhibit A) constitutes a public nuisance and should be abated immediately; and
ATTACHMENT 1
WHEREAS, the Santa Clara County Fire Department has mailed notices to property owners within the Wildland Urban Interface areas notifying them of the need to abate hazardous vegetation (brush) violations and explaining the steps necessary to correct such violations.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos, and the Town Council hereby finds that hazardous vegetation (brush) is a wood, perennial plant usually with multiple stems and trunks under ten feet in height and is indigenous to the hillside area. Hazardous vegetation (brush) is also known to have a high oil, high resin, or low moisture contention in their leaves and branches. Examples of this type of plant material include California Sagebrush, Greasewood or Chamise, Scotch Broom, and Toyon. Unabated growth of hazardous vegetation (brush) upon and adjacent to private property within the hillside hazardous fire area and adjacent parkways and sidewalks is a public nuisance and should be abated. The Director of Parks and Public Works shall act as the Superintendent for purposes of giving notice, supervising performance of the agreement with the County of Santa Clara, and evaluating the costs of abatement.
BE IT FURTHER RESOLVED that the Town Clerk is directed to mail notice of this resolution to the persons designated by the Superintendent in conformance with the Government Code and publish notice of this resolution as provided in the Government Code.
BE IT FURTHER RESOLVED that unless the hazardous vegetation (brush) violations are corrected within the time specified in a written agreement with the Superintendent or the Superintendent's representative, the Town of Los Gatos shall cause such nuisance to be abated, and the expense thereof assessed upon the lots or lands from which or on which the
abatement actions occur, such expense to constitute a lien upon such lots or lands until paid, and to be collected upon the next real property tax roll upon which general municipal taxes are collected.
BE IT FURTHER RESOLVED that on the 20
th day of June 2023, at a meeting of the Town
Council beginning at 7:00 p.m. in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, CA, a public hearing will be held during which all property owners within the Wildland Urban Interface areas in the Town of Los Gatos having any objections to the proposed abatement of hazardous vegetation (brush) will be heard and given due consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2
nd day of May 2023 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
June 2022
Local Responsibility Area Fire Hazard Severity Zones
Town of Los Gatos Overview Map
Santa Clara County Fire Department
LGA 100 / LRA Very High FHSZ
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APN#
¦
¦
¦
¦
¦
¦
9 17
17 17
85 85
21 22
11A
20B
9 23
20A
CAMPBELL
LOS GATOS
MONTE SERENO
SAN JOSE
SARATOGA
UNINCORPORATED
0 0.5 1 2
Miles
¦ FireStation
WUI Parcels
Municipality
LGA 100 / Very High FHSZ
Exhibit "A"
EXHIBIT A
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LGA 100 / LRA Very High FHSZ
LGA 100 / LRA Very High FHSZ
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Dear Property Owner,
Each year, the Santa Clara County Fire Department (SCCFD) partners with the Town of Los Gatos to conduct Wildland Fire Safety Inspections. As a property owner in a designated Fire Hazard Severity Zone of the Wildland Urban Interface, you must comply with the minimum fire safe regulations. SCCFD continues to be committed to achieving fire resilience for our residents and our community. The enclosed packet provides information about your property and how to protect your home, family, and community from the threat of wildfires.
This packet also includes a property self-inspection card that can be completed and returned by mail or online with the provided QR code. Self-inspections are a key component in our efforts to mitigate wildfire risk in the community and are essential for maintaining defensible space. When combustible vegetation is removed or reduced around structures, the defensible space buffer can slow or stop the spread of wildfire.
Your property is in a Very High Fire Hazard Severity Zone of the Wildland Urban Interface Area and requires 100 feet of defensible space from all structures. The enforced safety regulations for your property include:
Enforced Safety Regulations (Items A - F)
A. Create 100 feet of defensible space around your home. To accomplish this, you must clear all flammable vegetation a minimum of 30 feet around structures. Additionally, create a reduced fuel zone for the remaining 70 feet (or to the property line).
B. Remove pine needles, leaves, and other dead vegetation from roofs, eaves, and rain gutters.
C. Trim tree limbs 10 feet from chimneys and stove pipes; remove dead limbs that hang over rooftops.
D. Remove all non-fire-resistive vegetation a minimum of 10 feet on each side of a fire apparatus access road or driveway.
E. Cover chimney outlets or flues with a 1/2” mesh spark arrester.
F. Post a clearly visible house address, using at least 4” high numbers, for easy identification. For homes located more than 50 feet from the street, post address numbers at the driveway entrance.
Additional Requirements (Municipal Code §9.30.005)
• New construction must create a noncombustible area a minimum of 5 feet from all structures. • Remove flammable vegetation a minimum of 10 feet around liquified petroleum gas tanks/containers. • Store combustible materials (e.g., woodpiles, lumber, and scrap) a minimum of 30 feet from all structures and separated from the crown of trees by a minimum horizontal distance of 15 feet. • Firewood and combustible materials shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies or other projections or overhangs.
February 27, 2023
RE: <<Property Address>> / APN: <<APN>>
<<Endoresement Line>>
<<Owner Name>>
<<Owner Address>>
<<Owner City>>, <<Owner State>> <<Owner ZIP Code>>
FFFFFFFFFFFFFFFFFFFF
SANTA CLARA COUNTY FIRE DEPARTMENT
ATTN: FIRE PREVENTION DIVISION
14700 WINCHESTER BOULEVARD
LOS GATOS, CA 95032-1818
PLACE
STAMP
HERE
<<Owner Name>>
<<Owner Address>>
<<Owner City>>, <<Owner State>> <<Owner ZIP Code>>
Town of Los Gatos 100'
ATTACHMENT 2 Page 44
Owner Responsibilities:
1. Please ensure that your property satisfies the requirements above. You have the option to complete the required work yourself or hire your own contractor. For information about vegetation abatement services, visit WeedAbatement.SCCgov.org or call 408.282.3145.
2. Please either complete and return the attached property self-inspection card OR scan the QR Code below to report the current status of your property before April 1, 2023.
Inspection Schedule:
On April 1, 2023, SCCFD will begin conducting property inspections. Property owners not in compliance will be notified of what work needs to be completed to comply with the Enforced Safety Regulations. Please contact us if you are unable to complete the required work due to late season rains or other special circumstance.
On June 1, 2023, we will begin conducting re-inspections of the properties that were out of compliance at the time of the first property inspection. If your property fails to comply with Items A, B, C, or D of the Enforced Safety Regulations specified above, the compliance work will be completed by the Town of Los Gatos’ authorized contractor, and the charges for this service will appear on your next property tax bill.
SCCFD will be hosting informative community wildfire preparedness webinars; please see the enclosed flyer for details. If you have concerns regarding the safety compliance of your property, a limited number of courtesy property inspections will be available during the month of April. For questions or to request a courtesy property inspection, please contact the Fire Prevention Division at 408.341.4420.
Sincerely,
Hector R. Estrada, Deputy Chief
Fire Prevention Division
Choose ONE:
1. Scan the QR code below with a smartphone camera to submit your response online OR
2. Complete and mail the attached information card below.
Evacuation Zone ID:
Private Access Key: Or Online: qrs.ly/syej73x
<<ZoneID>>
<<AccessKey>>
Option 1 - Respond Online
I have received the annual Wildland Urban Interface (WUI) Enforced Safety Regulations letter related to flammable vegetation abatement. The current status of my property is as follows (choose one):
□ I have inspected my property for flammable vegetation clearance and believe it complies with the Enforced Safety Regulations. I understand that an inspection of my property may be conducted to verify compliance. □ I will remove flammable vegetation around all structures on my property in accordance with the Enforced Safety Regulations no later than June 1, 2023. I understand that if the required work is not completed, the authorized contractor may complete the work and the charges will appear on my next property tax bill. □ I am no longer the owner of this property.
□ There are no structures on this property.
Name (print clearly): ____________________________________________________ Date: _________________ Phone: (______)____________________ Email: __________________________________________________ Property Address: <<Property Address>>
Option 2 - Respond by Mail
Resources and Information
Santa Clara County Fire Department: www.SCCFD.org/rsg • 408.378.4010 Offers community education and risk reduction programs, including fire safety, injury prevention, disaster and wildfire resilience Santa Clara County FireSafe Council: www.SCCFireSafe.org • 408.975.9591 Protects and educates communities at risk from wildfire through fuel reduction programs, outreach and community planning efforts Santa Clara County Office of Emergency Management: EmergencyManagement.SCCgov.org • 408.808.7800 Coordinates county-wide all hazards preparedness, including managing the AlertSCC Emergency Alert System (www.alertscc.org) Santa Clara County Weed Abatement Program: WeedAbatement.SCCgov.org • 408.282.3145 Provides community education and hazard abatement services to protect communities from fire hazards
PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/02/2023
ITEM NO: 5
DATE: April 14, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Approving Engineer’s Report, Adopt Resolution of Intention to Order Levy Collection of Assessments for the Following Landscape and Lighting Districts: Blackwell Drive, Kennedy Meadows, Santa Rosa Heights, Vasona Heights, Hillbrook Drive, Gemini Court, and Set Public Hearing for June 20, 2023.
RECOMMENDATION:
Staff recommends that the Town Council:
a. Adopt a Resolution (Attachment 1) approving the Engineer’s Report for all Landscape and Lighting Districts (Attachment 8) for FY 2023/24.
b. Adopt a Resolution (Attachment 2) of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Blackwell Drive Benefit Zone. c. Adopt a Resolution (Attachment 3) of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Kennedy Meadows Benefit Zone. d. Adopt a Resolution (Attachment 4) of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Santa Rosa Heights Benefit Zone. e. Adopt a Resolution (Attachment 5) of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Vasona Heights Benefit Zone. f. Adopt a Resolution (Attachment 6) of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Hillbrook Drive Benefit Zone. g. Adopt a Resolution (Attachment 7) of intention to order the levy and collection of assessments for Landscape and Lighting District No. 2-Gemini Court Benefit Zone. h. Set June 20, 2023 as the date for the public hearing to hear and consider and consider protests for the levy and collection of assessments.
PAGE 2 OF 4
SUBJECT: Landscape and Lighting Assessment Districts 1 & 2 DATE: April 14, 2023
BACKGROUND:
On April 18, 2023, the Town Council adopted a Resolution 2023-14 (Attachment 9) Describing Improvements and Directing the Preparation of the Engineer’s Report for Fiscal Year (FY) 2023/24 for Landscape and Lighting Assessment Districts No. 1 and 2.
DISCUSSION:
In accordance with the adopted Resolution and pursuant to the requirements of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500), the Engineer’s Report (Attachment 8) contains the following information:
1. Plans and specifications for the maintenance of the existing improvements and for proposed new improvements, if any, to be made within the assessment Districts or within any zones thereof.
2. An estimate of the costs of said proposed new improvements, if any, to be made along with the costs of maintenance or servicing, or both, thereof, and of any existing improvements, together with the incidental expenses in connection therewith.
3. A diagram showing the exterior boundaries of the assessment districts and of any zones within said Districts and the lines and dimensions of each lot or parcel of land within the Districts as such lot or parcel of land is shown on the County Assessor’s map for the fiscal year to which the report applies, each of which lots or parcels of land shall be identified by a distinctive number or letter on the said diagram.
4. A proposed assessment of the total amount of the estimated costs and expenses of the maintenance activities and proposed new improvements, if any, upon the several lots or parcels of land in said Districts in proportion to the estimated particular and distinct benefits to be received by each of such lots or parcels of land, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto.
The recommended actions would maintain the assessments at each of the benefit zones at the historic level, with no additions or reductions as these funding levels are appropriate to address regular ongoing maintenance as well as capital maintenance as needed.
The Council may also direct that modifications be made to the Engineer’s Report if it so desires.
After Council’s consideration and adoption of the Resolutions Approving the FY 2023/24 Preliminary Engineer’s Report (Attachment 1), Intentions to Levy and Collect Assessments (Attachments 2-7), and setting the date and time for the public hearing for June 20, 2023, Town
PAGE 3 OF 4
SUBJECT: Landscape and Lighting Assessment Districts 1 & 2 DATE: April 14, 2023
DISCUSSION (continued):
staff will mail a Notice of Intention to Levy Annual Assessments for FY 2023/24 to all property owners, which will include the public hearing date, time, and location.
Persons wishing to protest the levy and collection of assessments may do so by submitting/mailing the protest to the Town Clerk, 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk - [email protected]; or attending the public hearing. Any written protest must be received by the Town Clerk no later than the public hearing of June 20, 2023, as described above.
Protests must identify the grounds for the protest, the person filing the protest, and the property owned by the person filing the protest.
At the conclusion of the public hearing, the Town staff will transmit the assessment amounts to the County Assessor which will appear as a separate item on the property tax bill for each parcel.
CONCLUSION:
Staff recommends that the Town Council adopt the attached seven resolutions to continue the annual process of renewing the Landscape and Lighting Assessment Districts 1 & 2 for FY 2023/24. If the Town Council approves these actions, staff will mail Notices of Intention to Levy Annual Assessments for FY 2023/24 to all property owners within the districts prior to the public hearing in June.
FISCAL IMPACT:
There are no direct fiscal impacts on the Town's General Fund as a result of administering the Landscape and Lighting Assessment Districts. All of the costs associated with the Districts are recovered via the assessments levied against the property owners within the Districts. There are no proposed increases in any of the parcel assessments for FY 2023/24 that would require a ballot vote under Proposition 218.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
PAGE 4 OF 4
SUBJECT: Landscape and Lighting Assessment Districts 1 & 2 DATE: April 14, 2023
Attachments:
1. Resolution Approving Engineer’s Report for all Landscape and Lighting Districts for FY 2023/24.
2. Resolution of Intention to Order the Levy and Collection of Assessments - Blackwell Drive Benefit Zone.
3. Resolution of Intention to Order the Levy and Collection of Assessments – Kennedy Meadows Benefit Zone.
4. Resolution of Intention to Order the Levy and Collection of Assessments – Santa Rosa Heights Benefit Zone.
5. Resolution of Intention to Order the Levy and Collection of Assessments – Vasona Heights Benefit Zone.
6. Resolution of Intention to Order the Levy and Collection of Assessments – Hillbrook Drive Benefit Zone.
7. Resolution of Intention to Order the Levy and Collection of Assessments – Gemini Court Benefit Zone.
8. Engineer’s Report for FY 2023/24.
9. Resolution 2023-14
Resolution 2023- May 2, 2023
RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING THE ENGINEER'S REPORT FOR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS NO. 1 & 2 FOR FISCAL YEAR 2023/24
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, on the 18 th day of
April 2023, said Council did adopt its Resolution No. 2023-14 “A Resolution Describing Improvements and Directing Preparation of Engineer's Report For Fiscal Year 2023/24 for the Town of Los Gatos Landscape and Lighting Assessment Districts No. 1 & 2,” in said Town and did refer the proposed improvements to the Engineer of the Town and did therein direct said Engineer to prepare and file with the Town Clerk of said Town a report, in writing, all as therein more particularly described; and
WHEREAS, said Town Engineer prepared and filed with the Town Clerk a report in writing as called for in said Resolution No. 2023-14 and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof should be modified in any respect.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the plans and specifications for the existing improvements and the proposed new improvements to be made within the assessment districts or within any zone thereof, contained in said report, be, and they are hereby preliminarily approved.
ATTACHMENT 1
Resolution 2023- May 2, 2023
2. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance, and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and each of them are hereby preliminarily approved.
3. That the diagram showing the exterior boundaries of the assessment districts referred to and described in said Resolution No. 2023-14 and also the boundaries of any zones therein, and the lines and dimensions of each lot or parcel of land within said districts as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which the report applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is preliminarily approved.
4. That the proposed assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels of land in said assessment districts in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements including the maintenance or servicing or both, thereof, and of the expenses incidental thereto, as contained in said report, be, and they are hereby preliminarily approved.
5. That said report shall stand as the Engineer's Report for the purpose of all subsequent proceedings to be had pursuant to said Resolution No. 2023-14.
Resolution 2023- May 2, 2023
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, at a meeting thereof held on the 2
nd day of May 2023 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ______________________
Resolution 2023- May 2, 2023
RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2023/24 IN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1--
BLACKWELL DRIVE BENEFIT ZONE,
AND TO SET PUBLIC MEETING AND PUBLIC HEARING
TO CONSIDER THE PROPOSED ASSESSMENTS
WHEREAS, Landscape and Lighting Assessment District No. 1--Blackwell Drive Benefit Zone is generally located in Tract No. 8306, as generally shown in Part D hereto and generally consists of the following improvements:
Landscaping and appurtenances in the median
island and the streetlights constructed as a part of
Tract No. 8306, Blackwell Drive and National
Avenue.
WHEREAS, on April 18, 2023, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 1--Blackwell Drive Benefit Zone, regarding the improvements in the District and proposed assessment to support those improvements; and
WHEREAS, the Town Engineer has prepared and filed that report; and WHEREAS, the Town Council has considered and approved that report; and WHEREAS, no substantial changes are proposed to be made in the improvements in the District; and
ATTACHMENT 2
Resolution 2023- May 2, 2023
WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District and the benefit zones within the District, and the proposed assessments upon assessable lots and parcels of land within the District; and WHEREAS, the Town Council intends to consider levying and collecting assessments upon the assessable lots and parcels of land within the District that are equal to those levied and collected in Fiscal Year 2023/24; and
WHEREAS, the proposed assessment should be set for public hearing in accordance with the Streets and Highways Code,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Council will consider the levying and collection of assessment in Landscape and Lighting Assessment District No. 1--Blackwell Drive Benefit Zone at a public hearing Tuesday, June 20, 2023, at 7:00 p.m., in the Council Chambers of the Civic Center, 110 E.
Main Street, Los Gatos, CA, when all interested persons may attend and be heard. This hearing may be continued from time to time.
2. Persons wishing to protest the levy and collection of assessments may do so by mailing the protest to the Town Clerk at 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk – [email protected], or attending the public hearing by teleconference and speaking. Any written protest must be received by the Town Clerk no later than the public hearing of June 20, 2023, as described above.
3. The Town Clerk is ordered to cause notice of the hearing to be published once in the Los Gatos Weekly Times at least 10 days before the public hearing.
Resolution 2023- May 2, 2023
4. The Town Clerk is further ordered to cause notice of the public hearing to be mailed to the owners of assessable lots and parcels within the district at least 10 days before the public hearing.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, at a meeting thereof held on the 2
nd day of May 2023 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ______________________
Resolution 2023- May 2, 2023
RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2023/24 IN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1--
KENNEDY MEADOWS BENEFIT ZONE,
AND TO SET PUBLIC MEETING AND PUBLIC HEARING
TO CONSIDER THE PROPOSED ASSESSMENTS
WHEREAS, Landscape and Lighting Assessment District No. 1--Kennedy Meadows Benefit Zone is generally located in Tract No. 8612, as generally shown in Part D hereto and generally consists of the following improvements:
The maintenance of trees, landscaping, irrigation systems, trail and streetlights within open space areas (Parcels A and B) and along Kennedy Court and Forrester Court, as shown on the approved improvement for Tract No. 8612, Los Gatos, California and the riparian and wetlands area described in the report by H.
T. Harvey Associates, dated November 11, 1994.
WHEREAS, on April 18, 2023 the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 1--Kennedy Meadows Benefit Zone, regarding the improvements in the District and proposed assessment to support those improvements; and
WHEREAS, the Town Engineer has prepared and filed that report; and ATTACHMENT 3
Resolution 2023- May 2, 2023
WHEREAS, the Town Council has considered and approved that report; and WHEREAS, no substantial changes are proposed to be made in the improvements in the district; and
WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District and the benefit zones within the District, and the proposed assessments upon assessable lots and parcels of land within the District; and WHEREAS, the Town Council intends to consider levying and collecting assessments upon the assessable lots and parcels of land within the District that equal to those levied and collected in Fiscal Year 2023/24; and
WHEREAS, the proposed assessment should be set for public hearing in accordance with the Streets and Highways Code,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Council will consider the levying and collection of assessment in Landscape and Lighting Assessment District No. 1— Kennedy Meadows Benefit Zone at a public hearing Tuesday, June 20, 2023, at 7:00 p.m., in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, CA, when all interested persons may attend and be heard. This hearing may be continued from time to time.
2. Persons wishing to protest the levy and collection of assessments may do so by mailing the protest to the Town Clerk at 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk – [email protected], or attending the public hearing by teleconference and speaking. Any written protest must be received by the Town Clerk no later than the public hearing of June 20, 2023, as described above.
Resolution 2023- May 2, 2023
3. The Town Clerk is ordered to cause notice of the hearing to be published once in the Los Gatos Weekly Times at least 10 days before the public hearing.
4. The Town Clerk is further ordered to cause notice of the public hearing to be mailed to the owners of assessable lots and parcels within the district at least 10 days before the public hearing.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, at a meeting thereof held on the 2 nd day of May 2023 by the following
vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ______________________
Resolution 2023- May 2, 2023
RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2023/24 IN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1--
SANTA ROSA HEIGHTS BENEFIT ZONE,
AND TO SET PUBLIC MEETING AND PUBLIC HEARING
TO CONSIDER THE PROPOSED ASSESSMENTS
WHEREAS, Landscape and Lighting Assessment District No. 1--Santa Rosa Heights Benefit Zone is generally located in Tract No. 8400, as generally shown in Part D hereto and generally consists of the following improvements:
Open space and a maintained trail constructed as a
part of Tract No. 8400, Santa Rosa Drive and
Shannon Road.
WHEREAS, on April 18, 2023, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 1--Santa Rosa Heights Benefit Zone, regarding the improvements in the District and proposed assessment to support those improvements; and
WHEREAS, the Town Engineer has prepared and filed that report; and WHEREAS, the Town Council has considered and approved that report; and WHEREAS, no substantial changes are proposed to be made in the improvements in the District; and
ATTACHMENT 4
Resolution 2023- May 2, 2023
WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District and the benefit zones within the District, and the proposed assessments upon assessable lots and parcels of land within the District; and WHEREAS, the Town Council intends to consider levying and collecting assessments upon the assessable lots and parcels of land within the District that are equal to those levied and collected in Fiscal Year 2023/24; and
WHEREAS, the proposed assessment should be set for public hearing in accordance with the Streets and Highways Code,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Council will consider the levying and collection of assessment in Landscape and Lighting Assessment District No. 1-- Santa Rosa Heights Benefit Zone at a public hearing Tuesday, June 20, 2023, at 7:00 p.m., in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, CA, when all interested persons may attend and be heard. This hearing may be continued from time to time.
2. Persons wishing to protest the levy and collection of assessments may do so by mailing the protest to the Town Clerk at 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk – [email protected], or attending the public hearing by teleconference and speaking. Any written protest must be received by the Town Clerk no later than the public hearing of June 20, 2023, as described above.
3. The Town Clerk is ordered to cause notice of the hearing to be published once in the Los Gatos Weekly Times at least 10 days before the public hearing.
4. The Town Clerk is further ordered to cause notice of the public hearing to be
Resolution 2023- May 2, 2023
mailed to the owners of assessable lots and parcels within the district at least 10 days before the public hearing.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, at a meeting thereof held on the 2
nd day of May 2023 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ______________________
Resolution 2023- May 2, 2023
RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2023/24 IN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1--
VASONA HEIGHTS BENEFIT ZONE,
AND TO SET PUBLIC MEETING AND PUBLIC HEARING
TO CONSIDER THE PROPOSED ASSESSMENTS
WHEREAS, Landscape and Lighting Assessment District No. 1--Vasona Heights Benefit Zone is generally located in Tract No. 8280, as generally shown in Part D hereto and generally consists of the following improvements:
The maintenance of trees, landscaping, irrigation systems, trail, emergency access, and retaining wall within open space areas, as shown on the approved improvement for Tract No. 8280, Los Gatos, California.
WHEREAS, on April 18, 2023, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 1--Vasona Heights Benefit Zone, regarding the improvements in the District and proposed assessment to support those improvements; and
WHEREAS, the Town Engineer has prepared and filed that report; and WHEREAS, the Town Council has considered and approved that report; and WHEREAS, no substantial changes are proposed to be made in the improvements in the District; and
ATTACHMENT 5
Resolution 2023- May 2, 2023
WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District and the benefit zones within the District, and the proposed assessments upon assessable lots and parcels of land within the District; and WHEREAS, the Town Council intends to consider levying and collecting assessments upon the assessable lots and parcels of land within the District that are equal to those levied and collected in Fiscal Year 2023/24; and
WHEREAS, the proposed assessment should be set for public hearing in accordance with the Streets and Highways Code,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Council will consider the levying and collection of assessment in Landscape and Lighting Assessment District No. 1--Vasona Heights Benefit Zone at a public hearing Tuesday, June 20, 2023, at 7:00 p.m., in the Council Chambers of the Civic Center, 110 E.
Main Street, Los Gatos, CA, when all interested persons may come and be heard. This hearing may be continued from time to time.
2. Persons wishing to protest the levy and collection of assessments may do so by mailing the protest to the Town Clerk at 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk – [email protected], or attending the public hearing by teleconference and speaking. Any written protest must be received by the Town Clerk no later than the public hearing of June 20, 2023, as described above.
3. The Town Clerk is ordered to cause notice of the hearing to be published once in the Los Gatos Weekly Times at least 10 days before the public hearing.
Resolution 2023- May 2, 2023
4. The Town Clerk is further ordered to cause notice of the public hearing to be mailed to the owners of assessable lots and parcels within the district at least 10 days before the public hearing.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, at a meeting thereof held on the 2
nd day of May 2023 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ______________________
Resolution 2023- May 2, 2023
RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2023/24 IN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1--
HILLBROOK BENEFIT ZONE
AND TO SET PUBLIC HEARING CONSIDERING
THE PROPOSED ASSESSMENTS
WHEREAS, Landscape and Lighting Assessment District No. 1--Hillbrook Benefit Zone is generally located along Fairmead Lane and Hillbrook Drive, as generally shown in Part D hereto and generally consists of the following improvements:
Landscaping, turf, lighting and appurtenances on Assessor's Parcel Number 523-11-028, located at the southeast corner of Blossom Hill Road and Hillbrook Drive.
WHEREAS, on April 18, 2023, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 1--Hillbrook Benefit Zone, regarding the improvements in the District and proposed assessment to support those improvements; and
WHEREAS, the Town Engineer has prepared and filed that report; and WHEREAS, the Town Council has considered and approved that report; and WHEREAS, no substantial changes are proposed to be made in the improvements in the District; and
ATTACHMENT 6
Resolution 2023- May 2, 2023
WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District; and
WHEREAS, the Town Council intends to consider levying and collecting assessments upon the assessable lots and parcels of land within the District that are equal to those levied and collected in Fiscal Year 2023/24; and
WHEREAS, this proposed assessment should be set for public hearing in accordance with the Streets and Highways Code,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Council will consider the levying and collection of assessment in Landscape and Lighting Assessment District No. 1--Hillbrook Benefit Zone at a public hearing Tuesday, June 20, 2023, at 7:00 p.m., in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, CA, when all interested persons may come and be heard. This hearing may be continued from time to time.
2. Persons wishing to protest the levy and collection of assessments may do so by mailing the protest to the Town Clerk at 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk – [email protected], or attending the public hearing by teleconference and speaking. Any written protest must be received by the Town Clerk no later than the public hearing of June 20, 2023, as described above.
3. The Town Clerk is ordered to cause notice of the hearing to be published once in the Los Gatos Weekly Times at least 10 days before the public hearing.
Resolution 2023- May 2, 2023
4. The Town Clerk is further ordered to cause notice of the public hearing to be mailed to the owners of assessable lots and parcels within the district at least 10 days before the public hearing.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, at a meeting thereof held on the 2
nd day of May 2023 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ______________________
Resolution 2023- May 2, 2023
RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2023/24 IN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 2--
GEMINI COURT BENEFIT ZONE,
AND TO SET PUBLIC MEETING AND PUBLIC HEARING
TO CONSIDER THE PROPOSED ASSESSMENTS
WHEREAS, Landscape and Lighting Assessment District No. 2--Gemini Court Benefit Zone is generally located in Tract No. 8439, as generally shown in Part D hereto and generally consists of the following improvements:
Landscaping and appurtenances in the landscape strips and the streetlights constructed as a part of Tract No. 8439, Gemini Court and Blossom Hill Road.
WHEREAS, on April 18, 2023, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 2--Gemini Court Benefit Zone, regarding the improvements in the District and proposed assessment to support those improvements; and
WHEREAS, the Town Engineer has prepared and filed that report; and WHEREAS, the Town Council has considered and approved that report; and WHEREAS, no substantial changes are proposed to be made in the improvements in the District; and
ATTACHMENT 7
Resolution 2023- May 2, 2023
WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District and the benefit zones within the District, and the proposed assessments upon assessable lots and parcels of land within the District; and WHEREAS, the Town Council intends to consider levying and collecting assessments upon the assessable lots and parcels of land within the District that are equal to those levied and collected in Fiscal Year 2023/24; and
WHEREAS, the proposed assessment should be set for public hearing in accordance with the Streets and Highways Code,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Council will consider the levying and collection of assessment in Landscape and Lighting Assessment District No. 2--Gemini Court Benefit Zone at a public hearing Tuesday, June 20, 2023, at 7:00 p.m., in the Council Chambers of the Civic Center, 110 E.
Main Street, Los Gatos, CA, when all interested persons may come and be heard. This hearing may be continued from time to time.
2. Persons wishing to protest the levy and collection of assessments may do so by mailing the protest to the Town Clerk at 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk – [email protected], or attending the public hearing by teleconference and speaking. Any written protest must be received by the Town Clerk no later than the public hearing of June 20, 2023, as described above.
3. The Town Clerk is ordered to cause notice of the hearing to be published once in the Los Gatos Weekly Times at least 10 days before the public hearing.
Resolution 2023- May 2, 2023
4. The Town Clerk is further ordered to cause notice of the public hearing to be mailed to the owners of assessable lots and parcels within the district at least 10 days before the public hearing.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, at a meeting thereof held on the 2
nd day of May 2023 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ______________________
Landscape and Lighting
Assessment Districts No. 1 and 2
Fiscal Year
2023/24
ENGINEER'S REPORT
ATTACHMENT 8
ENGINEER'S REPORT
LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 1 AND 2
(Pursuant to the Landscape and Lighting Act of 1972)
The Engineer of Work respectfully submits the enclosed report as directed by the Town Council.
__ May 2, 2023
GARY HEAP DATE
Town Engineer
I HEREBY CERTIFY that the enclosed Engineer's Report, with Assessment and Assessment Diagram thereto attached was filed with me on the _______ day of ________, 2023.
TOWN CLERK, Town of Los Gatos
Santa Clara County, California
I HEREBY CERTIFY that the enclosed Engineer's Report, with Assessment and Assessment Diagram thereto attached, was approved and confirmed by the Town Council of the Town of Los Gatos, California on the 2
nd day of May 2023, by Resolution No. 2023-
TOWN CLERK, Town of Los Gatos
Santa Clara County, California
I HEREBY CERTIFY that the enclosed Engineer's Report, with Assessment and Assessment Diagram thereto attached was filed with the County Assessor of the County of Santa Clara on the day of , 2023.
2nd May
Landscape and Lighting
Assessment District No. 1
BLACKWELL DRIVE
BENEFIT ZONE
Fiscal Year
2023/24
ENGINEER'S REPORT
ENGINEER'S REPORT
FISCAL YEAR 2023/24
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
BLACKWELL DRIVE BENEFIT ZONE
Gary Heap, Town Engineer for Landscape and Lighting Assessment District No. 1, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).
The improvements that are the subject of this report are briefly described as follows:
Maintaining the landscaping in the median island constructed as a part of Tract No. 8306 and maintaining the streetlights installed along Blackwell Drive and National Avenue as a part of Tract No. 8306.
This report consists of four parts, as follows:
PART A: Plans and specifications for the improvements are filed in the Clerk Department.
Although separately bound, the plans and specifications are a part of this report and are included in it by reference.
PART B: An estimate of the cost of the improvements.
PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the proposed assessment against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Town Clerk.
PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.
Respectfully submitted,
May 2, 2023
GARY HEAP DATE
Town Engineer
PART A
FISCAL YEAR 2023/24
PLANS, SPECIFICATIONS AND REPORTS
BLACKWELL DRIVE BENEFIT ZONE
Plans and specifications for the improvements are those prepared by Greg G. Ing, and Associates, dated February 16, 1990. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference.
Fiscal Year 2021/22 Resources
Fund Balance 6/30/21 $ 14,085
Assessment 3,160
Delinquent Assessment 0
Penalties/Late Fees 0
Interest 150
Total Resources Available for FY 2021/22 $ 17,395
Fiscal Year 2021/22 Expenses
Santa Clara County Collection Fee $ 32
Publication & Notification Charges 148
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 1,079
Landscape Contractor 1,936
Town Administrative Charges 460
Total Expenses for FY 2021/22 $ 3,655
Ending Fund Balance for FY 2021/22 $ 13,740
Fiscal Year 2022/23 Estimated Resources
Fund Balance 6/30/22 $ 13,740
Assessment 3,160
Interest 50
Total Estimated Resources Available for FY 2022/23 $ 16,950 Fiscal Year 2022/23 Estimated Expenses
Santa Clara County Collection Fee $ 32
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 910
Landscape Contractor 1,742
District Capital Improvement 7,500
Town Administrative Charges 460
Total Estimated Expenses for FY 2022/23 $ 10,944
Estimated Ending Fund Balance for FY 2022/23 $ 6,006
PART B
ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2022/23
BLACKWELL DRIVE BENEFIT ZONE
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
BLACKWELL DRIVE BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $632 424-12-123
Lot 2 $632 424-12-124
Lot 3 $632 424-12-125
Lot 4 $632 424-12-126
Lot 5 $632 424-12-127
Total Assessment: $3,160
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within the Blackwell Drive Benefit Zone of Landscape and Lighting Assessment District No. 1.
BLACKWELL DRIVE BENEFIT ZONE
PROPERTY OWNERS LIST
APN Owner
42412123 SUBRAMANYAM DEVAVRATH TRUSTEE & ET AL
42412126 JOSHI ANILA AND ROHIT
42412125 URRICARIET CHRISTIAN M AND MARTINEZ-VISBAL
42412124 VUPPUNUTULA VENKAT REDDY AND REDDY SAHITHI
42412127 MORADI MOSTAFA
Landscape and Lighting
Assessment District No. 1
KENNEDY MEADOWS
BENEFIT ZONE
Fiscal Year
2023/24
ENGINEER'S REPORT
ENGINEER'S REPORT
FISCAL YEAR 2023/24
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
KENNEDY MEADOWS BENEFIT ZONE
Gary Heap, Town Engineer for Landscape and Lighting Assessment District No. 1--Kennedy Meadows Benefit Zone, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).
The improvements that are the subject of this report are briefly described as follows:
The maintenance of trees, landscaping, irrigation systems, trail, and streetlights within open space areas (Parcels A and B) and along Kennedy Court and Forrester Court, as shown on the approved improvement for Tract No. 8612, Los Gatos, California and the riparian and wetlands area described in the report by H. T. Harvey Associates, dated November 11, 1994.
This report consists of four parts, as follows:
PART A: Plans and specifications for the improvements and the report by H. T. Harvey Associates are filed in the Clerk Department. Although separately bound, the plans, specifications and H.T. Harvey report are a part of this report and are included in it by reference.
PART B: An estimate of the cost of the improvements, including interest on the funds advanced to the benefit zone by the Town.
PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the amount proposed to be assessed against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Town Clerk.
PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.
Respectfully submitted,
May 2, 2022
GARY HEAP DATE
Town Engineer
PART A
FISCAL YEAR 2023/24
PLANS, SPECIFICATIONS AND REPORTS
KENNEDY MEADOWS BENEFIT ZONE
Plans and specifications for the improvements are those prepared by Nowack and Associates, Civil Engineers, dated September 21, 1994, their job number 90-263C, pages 1 - 11. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference.
The wetlands mitigation and monitoring plan was prepared by H.T. Harvey & Associates, Ecological Consultants, dated November 11, 1994, their file number 733-04, 11 pages. A revised wetlands mitigation plan is contained in a letter to the U.S. Army Corp of Engineers and California Regional Water Quality Control Board dated August 30, 1995 and as-built plans in a letter dated February 21, 1995. The original report and letters have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in this Report by reference.
Fiscal Year 2021/22 Resources
Fund Balance 6/30/21 $ 20,416
Assessment 10,378
Delinquent Assessment 0
Penalties/Late Fees 0
Interest 215
Total Resources Available for FY 2021/22 $ 31,009
Fiscal Year 2021/22 Expenses
Santa Clara County Collection Fee $ 103
Publication & Notification Charges 148
Light Pole Maintenance 0
Weed Abatement 0
Electric Utility 0
San Jose Water 1,899
Landscape Contractor 6,007
Town Administrative Charges 1,510
Improvements (Trail) 0
Total Expenses for FY 2021/22 $ 9,667
Ending Fund Balance for FY 2021/22 $ 21,342
Fiscal Year 2022/23 Estimated Resources
Fund Balance 6/30/22 $ 21,342
Assessment 10,275
Interest 330
Total Estimated Resources Available for FY 2022/23 $ 31,947 Fiscal Year 2022/23 Estimated Expenses
Santa Clara County Collection Fee $ 103
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 1,500
Landscape Contractor 11,882
District Capital Improvements 10,000
Town Administrative Charges 1,510
Total Estimated Expenses for FY 2022/23 $ 25,295
Estimated Ending Fund Balance for FY 2022/23 $ 6,652
KENNEDY MEADOWS BENEFIT ZONE
PART B
ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2022/23
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
KENNEDY MEADOWS BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $685.00 532-18-050
Lot 2 $685.00 532-18-049
Lot 3 $685.00 532-18-048
Lot 4 $685.00 532-18-047
Lot 5 $685.00 532-18-052
Lot 6 $685.00 532-18-063
Lot 7 $685.00 532-18-062
Lot 8 $685.00 532-18-061
Lot 9 $685.00 532-18-060
Lot 10 $685.00 532-18-059
Lot 11 $685.00 532-18-058
Lot 12 $685.00 532-18-057
Lot 13 $685.00 532-18-056
Lot 14 $685.00 532-18-055
Lot 15 $685.00 532-18-054
Total Assessment: $10,275
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within Kennedy Meadows Benefit Zone of Landscape and Lighting Assessment District No. 1.
KENNEDY MEADOWS BENEFIT ZONE
PROPERTY OWNERS LIST
APN Owner
53218060 CASA PGR LLC
53218058 CALI A STEVE AND LORI A TRUSTEE
53218050 HIRSCHMAN WILLIAM AND DODSON ELIZABETH TRUS
53218054 HACKER MARK K TRUSTEE
53218063 BIBAUD SCOTT A AND SUSAN M TRUSTEE
53218061 SCHENKEL SCOTT F AND KIMBERLY L TRUSTEE
53218062 THOMPSON PETER B AND SHEILA K TRUSTEE & ET
53218059 FRIEDER STEPHEN AND CLAIRE
53218057 LUNDSTROM PAUL AND STEPHANIE TRUSTEE
53218048 WIEDERHOLD ROBERT P AND MELINDA A TRUSTEE
53218047 DAMORE EDWARD AND KIMBERLY
53218049 JEEVUNJEE ADAM AND MARIYA
53218052 BOUGH GEOFFREY EDWARD M AND CHOW CHERYL CHI
53218055 PRIEST STEPHEN AND GULDEN STACEY
53218056 LOS GATOS SARATOGA LLC SERIES A
Landscape and Lighting
Assessment District No. 1
SANTA ROSA HEIGHTS
BENEFIT ZONE
Fiscal Year
2023/24
ENGINEER'S REPORT
ENGINEER'S REPORT
FISCAL YEAR 2023/24
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
SANTA ROSA HEIGHTS BENEFIT ZONE
Gary Heap, Town Engineer for Landscape and Lighting Assessment District No. 1--Santa Rosa Heights Benefit Zone, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).
The improvements that are the subject of this report are briefly described as follows:
The maintenance of trees, landscaping, trail and retaining walls, as shown on the approved improvement plans for Tract No. 8400, Los Gatos, California.
This report consists of four parts, as follows:
PART A: Plans and specifications for the improvements are filed in the Clerk Department.
Although separately bound, the plans and specifications are a part of this report and are included in it by reference.
PART B: An estimate of the cost of the improvements.
PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the amount proposed to be assessed against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Town Clerk.
PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.
Respectfully submitted,
May 2, 2023
GARY HEAP DATE
Town Engineer
PART A
FISCAL YEAR 2023/24
PLANS, SPECIFICATIONS AND REPORTS
SANTA ROSA HEIGHTS BENEFIT ZONE
Plans and specifications for the improvements are those prepared by Nowack & Associates, dated February 1991, their job number 90-295. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference.
Fiscal Year 2021/22 Resources
Fund Balance 6/30/21 $ 45,970
Assessment 4,710
Delinquent Assessment 0
Penalties/Late Fees 29
Interest 465
Total Resources Available for FY 2021/22 $ 51,174
Fiscal Year 2021/22 Expenses
Santa Clara County Collection Fee $ 45
Publication & Notification Charges 148
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 0
Landscape Contractor 9,612
Town Administrative Charges 660
Total Expenses for FY 2021/22 $ 10,465
Ending Fund Balance for FY 2021/22 $ 40,709
Fiscal Year 2022/23 Estimated Resources
Fund Balance 6/30/22 $ 40,709
Assessment 4,500
Interest 465
Total Estimated Resources Available for FY 2022/23 $ 45,674 Fiscal Year 2022/23 Estimated Expenses
Santa Clara County Collection Fee $ 45
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 0
Landscape Contractor 11,882
Town Administrative Charges 660
District Capital Improvements 10,000
Total Estimated Expenses for FY 2022/23 $ 22,887
Estimated Ending Fund Balance for FY 2022/23 $ 22,787
PART B
ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2022/23
SANTA ROSA HEIGHTS BENEFIT ZONE
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
SANTA ROSA HEIGHTS BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $300.00 537-31-001
Lot 2 $300.00 537-31-002
Lot 3 $300.00 537-31-003
Lot 4 $300.00 537-31-022
Lot 5 $300.00 537-31-023
Lot 6 $300.00 537-31-006
Lot 7 $300.00 537-31-007
Lot 8 $300.00 537-31-008
Lot 9 $300.00 537-31-009
Lot 10 $300.00 537-31-010
Lot 11 $300.00 537-31-011
Lot 12 $300.00 537-31-012
Lot 13 $300.00 537-31-013
Lot 14 $300.00 537-31-014
Lot 15 $300.00 537-31-015
Total Assessment: $4,500
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within Santa Rosa Heights Benefit Zone of Landscape and Lighting Assessment District No. 1.
SANTA ROSA HEIGHTS BENEFIT ZONE
PROPERTY OWNERS LIST
APN Owner
53731014 HERNANDEZ JOHN B AND JACKSON EVA TRUSTEE
53731023 ZAHRIYA NESSER TRUSTEE
53731017 SAN JOSE WATER WORKS
53731001 JAIN VIVEK TRUSTEE & ET AL
53731006 HWANG MING-YUN AND JENNY WEN-CHI TRUSTEE
53731015 FERGUSON ANDREW D TRUSTEE & ET AL
53731013 LAM JOSEPH AND SUSAN P
53731022 POULOS LOUIS AND EVANGELHO-POULOS MARIA TRU
53731009 TAHMASSEBI KOUROSH D AND MAZAHERI LINDA M T
53731003 SILVESTRI CHESTER J AND IRENE N TRUSTEE
53731007 Zohouri Saeed Trustee
53731012 PANCHAL NATWARLAL M AND GITA N
53731002 ENTIN BRUCE L AND PESIA TRUSTEE
53731008 KERSCHBAUM MANFRED J AND MARIANNE S TRUSTEE
53731010 HOLT ALEXANDER AND NATALIE
53731011 SINGH JAGDEEP AND ROSHNI TRUSTEE
Landscaping and Lighting
Assessment District No. 1
VASONA HEIGHTS
BENEFIT ZONE
Fiscal Year
2023/24
ENGINEER'S REPORT
ENGINEER'S REPORT
FISCAL YEAR 2023/24
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
VASONA HEIGHTS BENEFIT ZONE
Gary Heap, Town Engineer for Landscaping and Lighting Assessment District No. 1--Vasona Heights Benefit Zone, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).
The improvements that are the subject of this report are briefly described as follows:
The maintenance of trees, landscaping, irrigation systems, trail, emergency access, and retaining wall within open space areas, as shown on the approved improvement for Tract No. 8280, Los Gatos, California.
This report consists of four parts, as follows:
PART A: Plans and specifications for the improvements are filed in the Clerk Department.
Although separately bound, the plans and specifications are a part of this report and are included in it by reference.
PART B: An estimate of the cost of the improvements.
PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the amount proposed to be assessed against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Town Clerk.
PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.
Respectfully submitted,
May 2, 2023
GARY HEAP DATE
Town Engineer
PART A
FISCAL YEAR 2023/24
PLANS, SPECIFICATIONS AND REPORTS
VASONA HEIGHTS BENEFIT ZONE
Plans and specifications for the improvements are those prepared by Dillon/Drulias Associates, Landscape Architects, dated April 16, 1990, their job number 8840, pages L1 - L17 and revised planting and irrigation plans as prepared by Greg Ing and Associates, dated November 3, 1992 and revised November 23, 1993. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference.
Fiscal Year 2021/22 Resources
Fund Balance 6/30/21 $ 34,727
Assessment 9,765
Delinquent Assessment 0
Penalties/Late Fees 0
Interest 380
Total Resources Available for FY 2021/22 $ 44,872
Fiscal Year 2021/22 Expenses
Santa Clara County Collection Fee $ 97
Publication & Notification Charges 148
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 2,683
Landscape Contractor 3,004
Town Administrative Charges 1,430
District Capital Improvements 0
Total Expenses for FY 2021/22 $ 7,362
Ending Fund Balance for FY 2021/22 $ 37,510
Fiscal Year 2022/23 Estimated Resources
Fund Balance 6/30/22 $ 37,510
Assessment 9,735
Interest 340
Total Estimated Resources Available for FY 2022/23 $ 47,585 Fiscal Year 2022/23 Estimated Expenses
Santa Clara County Collection Fee $ 97
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 2,319
Landscape Contractor 5,356
Town Administrative Charges 1,430
District Capital Improvements 10,000
Total Estimated Expenses for FY 2022/23 $ 19,502
Estimated Ending Fund Balance for FY 2022/23 $ 28,083
PART B
ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2022/23
VASONA HEIGHTS BENEFIT ZONE
PART C
ASSESSMENT ROLL
FISCAL YEAR 2022/23
VASONA HEIGHTS BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $295.00 529-13-056
Lot 2 $295.00 529-13-055
Lot 3 $295.00 529-13-054
Lot 4 $295.00 529-13-053
Lot 5 $295.00 529-13-052
Lot 6 $295.00 529-13-051
Lot 7 $295.00 529-13-049
Lot 8 $295.00 529-13-048
Lot 9 $295.00 529-13-047
Lot 10 $295.00 529-13-046
Lot 11 $295.00 529-13-044
Lot 12 $295.00 529-13-043
Lot 13 $295.00 529-13-042
Lot 14 $295.00 529-13-041
Lot 15 $295.00 529-13-040
Lot 16 $295.00 529-13-039
Lot 17 $295.00 529-13-038
Lot 18 $295.00 529-13-037
Lot 19 $295.00 529-13-036
Lot 20 $295.00 529-13-035
Lot 21 $295.00 529-13-060
Lot 22 $295.00 529-13-061
Lot 23 $295.00 529-13-032
Lot 24 $295.00 529-13-031
Lot 25 $295.00 529-13-030
Lot 26 $295.00 529-13-029
Lot 27 $295.00 529-13-028
Lot 28 $295.00 529-13-063
Lot 29 $295.00 529-13-062
Lot 30 $295.00 529-13-022
Lot 31 $295.00 529-13-021
Lot 32 $295.00 529-13-058
Lot 33 $295.00 529-13-059
Total Assessment: $9,735.00
METHOD OF APPORTIONMENT OF ASSESSMENT
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
The total amount of the assessment was apportioned equally to all the lots within Vasona Heights Benefit Zone of Landscaping and Lighting Assessment District No. 1.
VASONA HEIGHTS BENEFIT ZONE
PROPERTY OWNERS LIST
APN Owner
52913037 MCCLOSKEY DAVID MATTHEW AND JULIE CHRISTINE
52913042 BABALIS PETER G AND TASSIA H TRUSTEE
52913039 LALA CHAITANYA TRUSTEE & ET AL
52913054 ORTEGA HAFID AND DESTINY G
52913031 KLINE DANIEL AND SARITA G
52913030 FAN JAMES AND CYNTHIA R
52913062 SCHELL MARY TRUSTEE
52913044 CHOI JOHNNY SY AND YING YING HUNG
52913056 BODE JON A AND JULEE A TRUSTEE
52913022 SPLAINE SHANNON CUINN ET AL
52913051 FLECK MATHIAS S AND CAROLINE C
52913021 SMITH CAMERON R AND MOYAL CARMEL
52913049 ERDEI NICOLAE M JR ET AL
52913055 DAVIDIAN ALEC AND BROWN ALANA C
52913052 ABY STEVEN J AND SHARON R TRUSTEE
52913045 LOS GATOS TOWN OF
52913032 TISNADO WILLIAM J TRUSTEE & ET AL
52913063 Conover Matthew O And Dai Li
52913041 SMART JOHN A AND BETH A
52913046 RAMEZANE DOUGLAS AND SAGGESE KATHLEEN A TRU
52913043 SMEDT RODNEY C AND KATHLEEN E
52913038 GAVIN JAMES A AND KIM J TRUSTEE
52913053 PALFALVI BELA E AND LORI C TRUSTEE
52913059 ANDERSON MARILYN J
52913028 KARAMANOLIS CHRISTOS AND GIANNAKOPOULOU DIM
52913048 MUI RUDY W AND WOO SHIRLEY Y TRUSTEE
52913058 Montgomery Michael L Trustee
52913027 LOS GATOS TOWN OF
52913040 BOESENBERG ALEX AND MICHELE TRUSTEE
52913029 DION THOMAS M AND CARRIE A
52913047 KANAMA RAMI AND KATHERINE TUYET
52913035 CHENG JULIE WAN-CHI TRUSTEE
52913061 HALPIN TIM AND SHERRI
52913036 LEVY MATTHEW AND MONITA
52913060 SILVA DENISE ET AL
Landscape and Lighting
Assessment District No. 1
HILLBROOK
BENEFIT ZONE
Fiscal Year
2023/24
ENGINEER'S REPORT
ENGINEER'S REPORT
FISCAL YEAR 2023/24
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
HILLBROOK BENEFIT ZONE
Gary Heap, Town Engineer for Landscape and Lighting Assessment District No. 1--Hillbrook Benefit Zone, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).
The improvements that are the subject of this report are briefly described as follows:
The maintenance of trees, landscaping, irrigation systems, hardscape, and fences currently exist on APN: 523-11-028, located at the southeast corner of Blossom Hill Road and Hillbrook Drive, Los Gatos, California.
This report consists of four parts, as follows:
PART A: Diagram of Existing Improvements.
PART B: An estimate of the cost of the improvements.
PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the amount proposed to be assessed against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Town Clerk.
PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.
Respectfully submitted,
May 2, 2023
GARY HEAP DATE
Town Engineer
Fiscal Year 2021/22 Resources
Fund Balance 6/30/21 $ 22,743
Assessment 5,986
Delinquent Assessment 0
Penalties/Late Fees 0
Interest 246
Total Resources Available for FY 2021/22 $ 28,975
Fiscal Year 2021/22 Expenses
Santa Clara County Collection Fee $ 60
Publication & Notification Charges 148
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 2,509
Landscape Contractor 1,869
Town Administrative Charges 250
Total Expenses for FY 2021/22 $ 4,836
Ending Fund Balance for FY 2021/22 $ 24,140
Fiscal Year 2022/23 Estimated Resources
Fund Balance 6/30/22 $ 24,140
Assessment 5,950
Interest 90
Total Estimated Resources Available for FY 2022/23 $ 30,180 Fiscal Year 2022/23 Estimated Expenses
Santa Clara County Collection Fee $ 60
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 2,500
Landscape Contractor 1,794
District Capital Improvements 15,000
Town Administrative Charges 250
Total Estimated Expenses for FY 2022/23 $ 19,904
Estimated Ending Fund Balance for FY 2022/23 $ 10,276
PART B
ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2022/23
HILLBROOK DRIVE BENEFIT ZONE
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
HILLBROOK BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $175.00 523-11-027
Lot 2 $175.00 523-11-026
Lot 3 $175.00 523-11-025
Lot 4 $175.00 523-11-024
Lot 5 $175.00 523-11-023
Lot 6 $175.00 523-11-022
Lot 7 $175.00 523-11-021
Lot 8 $175.00 523-11-020
Lot 9 $175.00 523-11-019
Lot 10 $175.00 523-11-018
Lot 11 $175.00 523-07-030
Lot 12 $175.00 523-07-029
Lot 13 $175.00 523-07-028
Lot 14 $175.00 523-07-027
Lot 15 $175.00 523-07-026
Lot 16 $175.00 523-07-025
Lot 17 $175.00 523-07-024
Lot 18 $175.00 523-07-023
Lot 19 $175.00 523-07-022
Lot 20 $175.00 523-07-021
Lot 21 $175.00 523-07-020
Lot 22 $175.00 523-07-019
Lot 23 $175.00 523-07-018
Lot 24 $175.00 523-07-017
Lot 25 $175.00 523-07-016
Lot 26 $175.00 523-07-015
Lot 27 $175.00 523-07-014
Lot 28 $175.00 523-07-013
Lot 29 $175.00 523-07-012
Lot 30 $175.00 523-07-011
Lot 31 $175.00 523-07-010
Lot 32 $175.00 523-07-009
Lot 33 $175.00 523-07-008
Lot 34 $175.00 523-07-007
Total Assessment: $5,950
ASSESSMENT ROLL
FISCAL YEAR 2023/24
HILLBROOK BENEFIT ZONE
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within Landscape and Lighting Assessment District No. 1--Hillbrook Benefit Zone.
HILLBROOK BENEFIT ZONE
PROPERTY OWNERS LIST
APN Owner
52307012 FOSTER TROY AND VOIGTS ANNE M
52307009 BERGKAMP JAMES J AND KIMBERLY L TRUSTEE
52307028 RUHLE PHILIP G AND NANCY A TTEES
52311028 S C V W D
52307016 VIKAS AGARWAL SHALINI AND ASHU TRUSTEE
52311019 BAHR STACEY AND IRA
52311025 ZHANG WEI AND DAI TING
52311027 BRADDI MICAELA ET AL
52307018 JIA TAO AND LI XIAOXING
52307022 GABEL ROBERT L TRUSTEE & ET AL
52311026 CORDELL ROBERT Q II TRUSTEE
52307008 DESANTIS JUSTIN AND GENO-DESANTIS DEBORAH T
52307026 MCCOY JEROME AND SHERYL D
52307019 ESCOBAR BENITO AND REBECCA J
52307011 ZHOU WEN TRUSTEE
52311020 WINOTO RENALDI AND JUNUS WIDYA
52307014 STEELE NANCY J TRUSTEE
52311018 PEARSON LORELDA M ET AL
52311023 PARHAM SEAN TRUSTEE & ET AL
52307010 VOSSEN STEPHAN AND BOSSEN INGRID
52307030 ZOLLA HOWARD G AND CAROL ELIAS TRUSTEE
52307020 BILLER JASON AND JENNY DAI TRUSTEE
52307015 KIRK LAURIE TRUSTEE & ET AL
52307024 HARWOOD MICHAEL AND ELIZABETH
52307027 SPITERI RALPH J AND LAVERNE C TRUSTEE
52311022 PANDIPATI SANTOSH AND RACHEL TRUSTEE
52307021 SCHNEIDER JOHN O AND CONDIT MICHAELA L
52307017 WHEELER MAXON R AND KIMBERLY A TRUSTEE
52307013 ONDREJKA CORY R AND HORTON VICTORIA L
52311024 FALCONA LLC
52307023 Lackovic Colette Q Trustee
52307029 MUNNERLYN AUDREY L
52307007 SCHNEIDER LINDA TRUSTEE
52311021 PANAGOPOULOS THEODOROS AND MAROUDAS DINA
52307025 JIN ROBERT X AND LISA H
Landscape and Lighting
Assessment District No. 2
GEMINI COURT
BENEFIT ZONE
Fiscal Year
2023/24
ENGINEER'S REPORT
ENGINEER'S REPORT
FISCAL YEAR 2023/24
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 2
(Pursuant to the Landscaping and Lighting Act of 1972)
GEMINI COURT BENEFIT ZONE
Gary Heap, Town Engineer for Landscape and Lighting Assessment District No. 2, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).
The improvements that are the subject of this report are briefly described as follows:
The maintenance of trees, landscaping, irrigation systems, lighting, sound wall and fences as shown on the approved improvement and landscape plans for Tract No. 8439, Los Gatos, California.
This report consists of four parts, as follows:
PART A: Plans and specifications for the improvements are filed in the Clerk Department.
Although separately bound, the plans and specifications are a part of this report and are included in it by reference.
PART B: An estimate of the cost of the improvements.
PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the proposed assessment against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Clerk Administrator.
PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.
Respectfully submitted,
_______________ May 2, 2023
GARY HEAP DATE
Town Engineer
PART A
FISCAL YEAR 2023/24
PLANS, SPECIFICATIONS AND REPORTS
GEMINI COURT BENEFIT ZONE
Plans and specifications for the improvements are those prepared by Greg G. Ing, and Associates, dated September 14, 1990, their job number 9031. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference.
Fiscal Year 2021/22 Resources
Fund Balance 6/30/21 $ 34,415
Assessment 4,612
Delinquent Assessment
Penalties/Late Fees 0
Interest 380
Total Resources Available for FY 2021/22 $ 39,407
Fiscal Year 2021/22 Expenses
Santa Clara County Collection Fee $ 46
Publication & Notification Charges 148
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 0
Landscape Contractor 1,802
Town Administrative Charges 610
Total Expenses for FY 2021/22 2,606
Ending Fund Balance for FY 2021/22 $ 36,801
Fiscal Year 2022/23 Estimated Resources
Fund Balance 6/30/22 $ 36,801
Assessment 4,600
Interest 150
Total Estimated Resources Available for FY 2022/23 $ 41,551 Fiscal Year 2022/23 Estimated Expenses
Santa Clara County Collection Fee $ 46
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 0
Landscape Contractor 1,196
District Capital Improvement 10,000
Town Administrative Charges 610
Total Estimated Expenses for FY 2022/23 $ 12,152
Estimated Ending Fund Balance for FY 2022/23 $ 29,399
PART B
ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2022/23
GEMINI COURT BENEFIT ZONE
PART C
ASSESSMENT ROLL
FISCAL YEAR 2023/24
GEMINI COURT BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $230.00 567-64-051
Lot 2 $230.00 567-64-050
Lot 3 $230.00 567-64-049
Lot 4 $230.00 567-64-048
Lot 5 $230.00 567-64-047
Lot 6 $230.00 567-64-046
Lot 7 $230.00 567-64-045
Lot 8 $230.00 567-64-044
Lot 9 $230.00 567-64-054
Lot 10 $230.00 567-64-053
Lot 11 $230.00 567-64-052
Lot 12 $230.00 567-64-042
Lot 13 $230.00 567-64-041
Lot 14 $230.00 567-64-040
Lot 15 $230.00 567-64-039
Lot 16 $230.00 567-64-038
Lot 17 $230.00 567-64-037
Lot 18 $230.00 567-64-036
Lot 19 $230.00 567-64-035
Lot 20 $230.00 567-64-034
Total Assessment: $4,600.00
*formerly Lot 9 – split into 3 parcels.
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.
METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within the Gemini Court Benefit Zone of Landscape and Lighting Assessment District No. 2.
GEMINI COURT BENEFIT ZONE
PROPERTY OWNERS LIST
APN Owner
56764042 RAPISARDA FRED TRUSTEE & ET AL
56764052 Badaoui Raoul
56764047 LAU STEVEN C TRUSTEE & ET AL
56764049 MORGAN ROBERT G JR
56764037 FLISS JOHN R AND SHERI B TRUSTEE
56764036 Lee Daniel Hong Kyu And Song Ji Young
56764039 SCOGGIN MICHAEL D
56764035 KIM SUNG DAM AND HAE RAN
56764048 MOONESAN MOHAMMAD S AND ASANJAN DESIREH S
56764040 Ksj Inc
56764041 BIDABADI HOMA TRUSTEE
56764045 BOLOTIN IGOR AND VICTORIA
56764034 POWERS RICHARD J AND SHELLEY A TRUSTEE
56764054 AU KEVIN J AND MATKOVIC AU ZRINKA
56764038 SERRANO FRANCISCO TRUSTEE
56764051 BAKER KENNETH TRUSTEE & ET AL
56764044 DAVIDSON SHARON LYNNE TRUSTEE & ET AL
56764050 MOGANNAM EVELYN E TRUSTEE
56764046 NGUYEN STEVE
56764053 ZHOU GUOQUAN AND HUANG XU
ATTACHMENT 9
PREPARED BY: James Watson
Senior Engineer
Reviewed by: Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/02/2023
ITEM NO: 6
DATE: April 17, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Summarily Vacating 0.038 Acres of a 0.055-Acre Public Utility Easement at 15714 Kavin Lane
RECOMMENDATION:
Adopt a Resolution (see Attachment 1) summarily vacating 0.038 acres of a 0.055-acre public utility easement at 15714 Kavin Lane.
BACKGROUND:
On June 1, 2021, the Town received an application from the property owner at 15714 Kavin Lane requesting a summary vacation of an excessive easement on their property.
The subject property is a part of Tract No 1740 known as the Hillview Court subdivision that was recorded by Santa Clara County in File No. 1232432 on July 17, 1956 in Book 71 of Maps at
(15714 Kavin Lane, Assessor’s Parcel Number 410-09-012) to allow public utilities under, on, or over a certain strip of land.
The Street and Highways Code Section 8333(c) permits the legislative body of a local agency to summarily vacate a public service easement when the easement is determined to be in excess by the easement holder. Upon vacation, the property subject to the easement reverts to full control of the underlying property owner(s).
PAGE 2 OF 2
SUBJECT: Adopt a Resolution Summarily Vacating 0.038 Acres of a 0.055-Acre Public Utility Easement at 15714 Kavin Lane
DATE: April 17, 2023
DISCUSSION:
All utility companies with services within the area proposed to be vacated were notified on August 29, 2022 of the request for the easement summary vacation. The Town received letters with no objections from AT&T, Santa Clara County Fire Department, Frontier Communications, Valley Water, West Valley Sanitation District, San José Water Company, and Verizon. PG&E submitted a letter with no objection to the vacation of the easement, except for a 10-foot-wide public utility easement (0.017 acres) as described in Exhibit “A” and shown in Exhibit “B” of Attachment 1. The remaining 0.038 acres of the original 0.055 acres has been determined to be in excess by all the various public utilities operating within the Town.
CONCLUSION:
Staff recommends that Town Council adopt a Resolution summarily vacating 0.038 acres of a
0.055-acre public utility easement at 15714 Kavin Lane.
COORDINATION:
This project has been coordinated with the Town Attorney and the Community Development Department.
FISCAL IMPACT:
There is no anticipated fiscal impact from this report.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15301). A Notice of Exemption will be filed.
Attachments:
1. Resolution with Exhibit “A” – Legal Description and Exhibit “B” – Map
2. Book 71 of Maps Page 10
ATTACHMENT 1
1 of 2
Resolution 2023- DATE
RESOLUTION 2023-
RESOLUTION OF THE TOWN OF LOS GATOS SUMMARILY VACATING 0.038 ACRES OF A
0.055 ACRE PUBLIC UTILITY EASEMENT AT 15714 KAVIN LANE
WHEREAS, 15714 Kavin Lane was part of Tract No 1740 known as the Hillview Court subdivision which was recorded by Santa Clara County in File No. 1232432 on July 17, 1956.
WHEREAS, the property includes a 0.055-acre public utility easement that was dedicated to allow utilities under, on, or over the easement area.
WHEREAS, known utilities, with the exception of PG&E have indicated in writing that the public utility easement is no longer needed.
WHEREAS, PG&E indicated in writing that a ten-foot wide easement (0.017 acres) is required.
WHEREAS, Streets and Highways Code Section 8333(c) permits the legislative body of a local agency to summarily vacate a public service easement when the easement has been determined to be excess by the easement holder; and
WHEREAS, it is the intention of the Town Council to summarily vacate, under the provisions of Sections 8333(c) of the Streets and Highways Code of the State of California, a portion of the public utility easement situated along the easterly property line of 15714 Kavin Lane, approximately 1,597 sq. ft.; and
WHEREAS, the existing public utility easement will be retained at approximately 10 feet wide and more particularly described in Exhibit “A” “Legal Description” and depicted on the plat map Exhibit “B” “Power Line Easement”, copies of which are attached hereto. Said exhibits show the particulars as to the retained easement and are available for public inspection.
WHEREAS, the proposed summary vacation qualifies as categorically exempt from CEQA review under section 15301, Minor Alterations to Existing Facilities; and WHEREAS, the proposed vacation is consistent with the Town of Los Gatos General Plan and is in the interest of the general public,
ATTACHMENT 1
2 of 2
Resolution 2023- DATE
NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED:
1. Pursuant to Section 8333(c) of the Streets and Highways Code, the excessive easement as described in Exhibit A and depicted on Exhibit B is vacated upon the recording of a certified copy of this resolution by the Town Clerk with the County Recorder of Santa Clara County.
2. The Town Clerk is directed to record a certified copy of this resolution with the County Recorder of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 2th day of May 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT “A”
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT WITHIN LOT 3 OF TRACT NO 1740,
MAP RECORDED IN BOOK 71, PAGE 10 OF MAP, SANTA CLARA COUNTY RECORDS 15714 KAVIN LANE, LOS GATOS
ALL OF THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS GATOS, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THAT LAND SHOWN AS LOT 3 OF TRACT NO. 1740, AS RECORDED ON JULY 17, 1956, IN BOOK 71, PAGE 10 OF MAPS,
IN THE OFFICE OF THE RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A 10.0’ WIDE EASEMENT LYING 5.0’ ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE, NORTH 77º35’00” WEST, A DISTANCE OF 19.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 02º14’14” EAST, A DISTANCE OF 73.65 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 3.
THE ABOVE-DESCRIBED LAND CONTAINS APPOXIMATELY 737 SQUARE FEET.
AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
LEGAL DESCRIPTION PREPARED BY:
__________________________________ DATE: 4/21/2021
KACIE A. PLOUFF LS 9013
PAGE 1 OF 2
EXHIBIT B
ATTACHMENT 2 Page 128
PREPARED BY: Salina Flores
Human Resources Director
Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/02/2023
ITEM NO: 7
DATE: April 24, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve a Side Letter of Agreement Between the Town of Los Gatos and the Police Officers Association (POA) to Modify the Vacation Accrual Cap Through June 30, 2024 and Authorize the Town Manager to Execute the Side Letter RECOMMENDATION:
Approve a Side Letter of Agreement (Attachment 1) between the Town of Los Gatos and the Police Officers Association (POA) to modify the vacation accrual cap through June 30, 2024 and authorize the Town Manager to execute the side letter.
BACKGROUND:
Current low staffing levels in the Police Department have prevented many POA members from using their accrued vacation leave. The Town’s negotiating team met in good faith with POA representatives to negotiate a side letter (Attachment 1) regarding temporarily increasing POA members’ vacation accrual maximum cap by 100 hours (from 344 hours to 444 hours), effective the pay period beginning December 2, 2022.
DISCUSSION:
If approved, the temporary vacation accrual maximum cap increase would end June 30, 2024.
Effective July 1, 2024, the vacation accrual maximum cap would return to 344 hours. At that time, if an employee’s vacation balance is above 344 hours, the hours will remain in the employee’s vacation leave bank for future use or cash out per the terms of the Memorandum of Understanding (MOU), and vacation accruals will not resume until an employee’s balance is below 344 hours. Attachment 2 contains the POA MOU.
PAGE 2 OF 2
SUBJECT: Approve a Side Letter of Agreement Between the Town of Los Gatos and the Police Officer Association (POA) to Modify the Vacation Accrual Cap Through June 30, 2024 and Authorize the Town Manager to Execute the Side Letter DATE: April 24, 2023
DISCUSSION (continued):
The parties agree that the preceding language temporarily modifies the maximum accrual of vacation hours as indicated in Section 23. Vacation Schedule of the 2021-2024 Memorandum of Understanding (Attachment 2). The parties acknowledge that this side letter is subject to Council approval.
The Department has multiple sworn staff vacancies as well as injured Officers who are on Workers’ Compensation. The low staffing levels have required overtime work with reduced opportunities for vacations. The Side Letter provides for Officers to continue to accrue vacation in recognition of these challenges. The Police Department continues to recruit, hire, and train new Police Officers. Retention of existing Officers is critical in the current highly competitive labor market. This Side Letter is one part of a larger retention strategy.
This is a temporary side letter of agreement that will sunset on June 30, 2024.
CONCLUSION:
Staff has met its obligation to meet and confer with the Police Officers Association (POA) and therefore, it is recommended that the side letter of agreement be approved, and the Town Manager be authorized to execute the side letter.
FISCAL IMPACT:
The maximum fiscal impact of the side letter will be absorbed in the Police Department’s Fiscal Year 2023/24 operating budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. 2023 Side Letter of Agreement
2. 2022-2024 POA Memorandum of Understanding
SIDE LETTER OF AGREEMENT
BETWEEN THE
TOWN OF LOS GATOS AND POLICE OFFICERS’ ASSOCIATION
APRIL 24, 2023
Having met and conferred in good faith, the Town of Los Gatos and the Police Officers’ Association agree as follows:
Whereas current low staffing levels in the Police Department have prevented POA members from using their accrued vacation leave, the Town shall temporarily increase POA members’ vacation accrual maximum cap by 100 hours (from 344 hours to 444 hours), effective the pay period beginning December 2, 2022. The temporary increase shall end June 30, 2024. Effective July 1, 2024, the vacation accrual maximum cap shall return to 344 hours. At that time, if an employee’s vacation balance is above 344 hours, the hours will remain in the employee’s vacation leave bank for future use or cash out per the terms of the MOU, but vacation accruals will not resume until an employee’s balance is below 344 hours.
The parties agree that the preceding language temporarily modifies the maximum accrual of vacation hours as indicated in Section 23. Vacation Schedule of the 2022-2024 Memorandum of Understanding.
The parties agree that this side letter is subject to Council approval.
FOR POA: TOWN OF LOS GATOS:
______________________________ ________________________________ Greg Borromeo, Police Sergeant Laurel Prevetti, Town Manager ______________________________ ________________________________ Mike Birley, Police Officer Salina Flores, Human Resources ______________________________ ________________________________ Macey Delgado, Police Officer Lisa Charbonneau, Liebert Cassidy Whitmore ________________________________
Zachary Low, Police Officer
____________________________________________
Peter Hoffman, Rains Lucia Stern St. Phalle & Silver, PC APPROVED AS TO FORM:
________________________________
Gabrielle Whelan, Town Attorney
10096528.1 LO007-005 -6/2/22
TOWN OF LOS GATOS
AND
LOS GATOS POLICE OFFICERS’ ASSOCIATION
MEMORANDUM OF UNDERSTANDING
October 1, 2021 – June 30, 2024
ATTACHMENT 2
10096528.1 LO007-005 -6/2/22
This page left intentionally blank
10096528.1 LO007-005 -6/2/22
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF LOS GATOS
AND
THE LOS GATOS POLICE OFFICERS ASSOCIATION
THIS AGREEMENT IS ENTERED INTO AS OF October 1, 2021, BETWEEN THE TOWN OF LOS GATOS, HEREINAFTER REFERRED TO AS THE "TOWN", AND THE LOS GATOS POLICE OFFICERS ASSOCIATION, HEREINAFTER REFERRED TO AS "POA".
Pursuant to Town Resolution 1974-41 of the Town of Los Gatos and Section 3500 et. seq. of the Government Code, the duly authorized representatives of the Town and POA, having met and conferred in good faith concerning the issues of wages, hours, and terms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding.
FOR THE TOWN: FOR POA:
Laurel Prevetti, Town Manager
______________________________________
Bryan Paul, Police Officer
Arn Andrews, Assistant Town Manager
______________________________________
Salina Flores, Human Resources Director
______________________________________
Lisa S. Charbonneau, Liebert Cassidy Whitmore
Michael Birley, Police Officer
______________________________________
Macey Delgado, Police Officer
______________________________________
Zachary Low, Police Officer
APPROVED AS TO FORM:
______________________________________
Gabrielle Whelan
Town Attorney
______________________________________
Peter A. Hoffmann,
Rains Lucia Stern St. Phalle & Silver, PC
Town of Los Gatos Los Gatos Police Officers’ Association October 1, 2021 – June 30, 2024 10096528.1 LO007-005 -6/2/22
This page left intentionally blank
Town of Los Gatos Los Gatos Police Officers’ Association October 1, 2021 – June 30, 2024 10096528.1 LO007-005 -6/2/22
Preamble………………………………………………………………………………………………………….. 1
Term…………… ................................................................................................... 1
1. Employer-Employee Relations ............................................................... 1
2. Savings Clause ........................................................................................ 1
3. Payroll Deduction .................................................................................. 1
4. Non-Discrimination ................................................................................ 2
4.1 General Provisions Regarding Americans with Disabilities Act ... 2
5. Salary..................................................................................................... 2
5.1 Intent ........................................................................................... 2
5.2 Effective Upon Approval .............................................................. 2
5.3 Effective 2022 .............................................................................. 2
5.4 Effective 2023............................................................................... 2
5.5 One-Time Lump Sum ................................................................... 2
5.6 Pandemic Related Bonus ............................................................. 2
6. PERS Benefits ......................................................................................... 3
6.1 PERS 3% At 50 Retirement Option Classic Members ................... 3
6.2 PERS 2.7% at 57 Retirement Option New Members ................... 3
7. Education Incentive Pay ........................................................................ 3
7.1 Four-year Degree Incentive ......................................................... 3
7.2 Two-year Degree Incentive Pay ................................................... 3
7.3 Commencement of Educational Incentive Pay ........................... 4
7.4 Re-Opener .................................................................................... 4
8. POST Certification Pay ……………………………………………………………………… 4
9. Special Pays ............................................................................................ 4
9.1 Special Assignment Pay................................................................ 4
9.2 Bilingual Pay ................................................................................. 5
9.3 Canine Pay .................................................................................... 5
9.4 FTO Training Premium ................................................................. 5
9.5 Trailing Canine Pay ...................................................................... 6
9.6 Posting for Special Assignments………………………………………………..6
10. Acting Sergeant Pay ............................................................................... 6
11. Reimbursement of Expenses ................................................................. 6
12. Tuition Reimbursement ......................................................................... 6
Town of Los Gatos Los Gatos Police Officers’ Association October 1, 2021 – June 30, 2024 10096528.1 LO007-005 -6/2/22
13. Health and Welfare Benefits and Rate of Town Contribution............... 7
13.1 Cafeteria Plan ............................................................................... 7
13.2 Dental ........................................................................................... 7
13.3 Medical ........................................................................................ 7
13.4 Vision ........................................................................................... 7
13.5 Cash-In-Lieu Plan .......................................................................... 8
13.6 Supplemental Health and Welfare Benefits ................................ 8
14. Retiree Health ........................................................................................ 8
14.1 Retiree Health Benefit for Eligible Retirees Hired on or Before October 1, 2018……….9
14.2 Retiree Health Benefit for Eligible Retirees Hired After October 1, 2018…………………..9
15. Uniforms .............................................................................................. 10
16. Mileage Reimbursement ..................................................................... 10
17. Payroll Periods ..................................................................................... 10
18. Paychecks ............................................................................................. 11
19. Deferred Compensation ...................................................................... 11
20. Overtime .............................................................................................. 11
21. Duty Extension ..................................................................................... 11
22. Call Back ............................................................................................... 11
23. Vacation Schedule ............................................................................... 12
24. Vacation and Compensatory Time Off Cash-Out…………………….…………12
25. Shift and Vacation Selection Procedures ............................................. 12
26. Holidays and Holiday Pay ..................................................................... 13
27. Personal Leave ..................................................................................... 13
28. Sick Leave ............................................................................................. 13
29. Sick Leave Cash-Out Program .............................................................. 14
29.1 Annual Sick Leave Cash-Out for Employees Hired Prior to October 1, 2018……………..14
29.2 Sick Leave Cash-Out Upon Termination for Employees Hired Prior to October 1, 2018………14
29.3 Unused Sick Leave Upon Retirement ......................................... 14
30. Military Leave ...................................................................................... 15
31. Bereavement/Compassion Leave ........................................................ 15
32. Leave Without Pay ............................................................................... 15
33. Accrual of Benefits ............................................................................... 15
34. Workers’ Compensation ...................................................................... 15
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35. Jury Duty .............................................................................................. 15
36. Outside Employment ........................................................................... 15
37. Residency Requirement ....................................................................... 15
38. Layoff Policy ......................................................................................... 16
39. Vehicles ................................................................................................ 16
40. Promotions .......................................................................................... 16
41. Probationary Period ............................................................................. 16
42. Performance Evaluations ..................................................................... 17
43. Reinstatement ..................................................................................... 17
44. Re-employment ................................................................................... 17
45. Grievance Procedures .......................................................................... 17
46. Attendance .......................................................................................... 18
47. Completeness of MOU ........................................................................ 18
48. Association Notification or Communications ...................................... 18
49. Labor-Management Committee…………………………………………………..…..18
50. Catastrophic Time Bank ....................................................................... 19
51. Me Too Clause ..................................................................................... 19 Salary Schedule Exhibit A
Salary Schedule Exhibit B
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Town of Los Gatos and Los Gatos Police Officers Association Comprehensive Memorandum of Understanding
On Salaries, Fringe Benefits and Working Conditions
Preamble
The authorized representatives of the Town of Los Gatos, hereinafter referred to as the "Town" and the authorized representatives of the Town of Los Gatos Police Officers Association hereinafter referred to as "Association" do jointly accept and agree to all the terms and conditions of employment set forth in this comprehensive memorandum of understanding pursuant to Town Resolution 1974-41 of the Town of Los Gatos.
This understanding shall apply to represented employees assigned to those classifications listed on Exhibit A when classifications are created which fall under the representation of POA, this understanding shall also apply.
The terms and conditions of employment set forth in this understanding have been discussed in good faith by the authorized representatives of the Town and the authorized representatives of the Police Officers Association. They agree to recommend acceptance by the employees of all terms and conditions set forth herein. Following said acceptance by the Association, authorized representatives of the Town agree to recommend to the Town Council that all terms and conditions set forth herein be approved by resolution. Upon adoption of said resolution, all terms and conditions so incorporated shall become effective without further action by either party.
Term
The term of this Memorandum of Understanding shall be three years, commencing on October 1, 2021, and terminating on June 30, 2024.
Section 1. Employer-Employee Relations
The Association recognizes the existence of Town Resolution 1974-41, and its successor if any, during the term of this MOU. Recognition of any amendments to this resolution does not imply POA has agreed to the changes.
Section 2. Savings Clause
If any provision or the application of any provision of this agreement as implemented should be rendered or declared invalid by any court action or decree or by reasons of any preemptive legislation, the remaining sections of this agreement shall remain in full force and effect for the duration of this agreement Section 3. Payroll Deduction
Any employee may sign and deliver to the Association an authorization for payroll deduction of membership dues. The Town agrees to remit to the Association all monies deducted accompanied by a list of workers for whom such deductions have been made and indicating any changes in personnel from the list previously furnished.
The Association shall certify in writing to the Town any changes in the amount of membership dues. The Town shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing thirty (30) days or longer after such submission.
The Association shall indemnify and hold harmless the Town against any and all suits, claims, demands, and liabilities that may arise out of, or by reason of, any action or omission of the Town in complying with this Section.
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Section 4. Non-Discrimination
The Town and Association agree that all provisions of this agreement shall be applied equally to all employees covered herein without favor or discrimination because of race, religious creed, color, sex (including pregnancy, childbirth, and related medical conditions), age (over 40), gender, gender identity, gender expression, sexual orientation, national origin, ancestry, political or religious affiliation, Association membership or activity on behalf of the Association, marital status, military or veteran status, or physical disability, mental disability, medical condition, or genetic information or any other basis prohibited by applicable federal, State or Town law. Association and Town support equal employment opportunity in hiring and will support all State and Federal regulations regarding equal employment opportunity.
4.1 General Provision regarding Americans with Disabilities Act A. Because the ADA requires accommodations for individuals protected under the Act, the Association recognizes the Town's obligation to comply with all provisions of the ADA on a case-by-case basis.
B. The Association recognizes that the Town has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Association will be notified of these proposed accommodations.
C. Any accommodation provided to an individual protected by the ADA shall not establish a past practice.
Section 5. Salary
5.1 Intent
It is the intent of the Town to maintain salaries and benefits at a level that attracts and retains quality employees. The parties agree that surveys of the wages and benefits of police officers performing comparable work for comparable agencies provide information useful in ensuring that the Town continues to meet this goal.
5.2 Effective Upon Approval
Effective the first full pay period after Council approval of this MOU, or as soon as practical thereafter, the salary rate for all classifications shall be increased by two percent (2%).
5.3 Effective 2022
Effective the first full pay period in July 2022, the salary rate for all classifications shall be increased by five and onequarter percent (5.25%).
The parties agree that the combined 2022 increases represent a three percent (3%) cost of living adjustment, a market increase of three and fifteen hundredths’ percent (3.15%), and an additional one and one tenths percent (1.1%) to address the passage of time since October 2021.
5.4 Effective 2023
Effective the first full pay period in July 2023, the salary rate for all classifications shall be increased by three percent (3%).
5.5 One-Time Lump Sum
Effective the first full pay period of July 2022 or the first full pay period after Council approval of the MOU, whichever is later, all employees shall receive a one-time non-pensionable lump sum payment of five thousand dollars ($5,000).
5.6 Pandemic Related Bonus
Effective the first full pay period of July 2022 or the first full pay period after Council approval of the MOU, whichever is later, all employees who worked for the Town in 2021 who are employed at the Town through the last day of the pay period the bonus is paid, will receive a one-time, non-pensionable lump sum payment of $2,500.
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Section 6. PERS Benefits
The Town contracts with the California Public Employees’ Retirement System (CalPERS or PERS) to provide Town employees with retirement benefits.
6.1 PERS 3% at 50 Retirement Option Classic Members
For employees that are not “New Members” as defined under Government Code section 7522.04(f), commonly referred to as “Classic Members,”, the Town provides the 3% at 50 option for members of the bargaining unit.
The Town’s contract with CalPERS for the 3% at 50 option also includes the following optional benefits:
Single Highest Year
1959 Survivor Benefit Level 4
Conversion of Unused Sick Leave to Service Credit
Classic Members contribute 12% towards PERS (3% more than required by statute) in accordance with Government Code section 20516(a).
6.2 PERS 2.7% at 57 Retirement Option for New Member Employees Hired on or After January 1, 2013
For employees hired on or after January 1, 2013, who meet the definition of New Member under Government Code 7522.04(f), the Town provides the 2.7% at 57 retirement benefit.
The Town’s contract with CalPERS for the 2.7% at 57 option also includes the following optional benefits:
x 36-month final average compensation (Gov’t Code 20037) x 1959 Survivor Benefit Level 4
x Conversion of Unused Sick Leave to Service Credit
New Members contribute toward CalPERS an amount that is equal to one half (1/2) the normal cost of their CalPERS pension as determined annually by CalPERS, or the current contribution rate of similarly situated employees, whichever is greater (Government Code 7522.30(c)).
Section 7. Education Incentive Pay
7.1 Four-Year Degree Incentive Pay
The Town shall pay two and one-half percent (2.5%) of base salary to any member who possesses a four-year degree that enhances their ability to do their job. Employees must submit proof of the four-year degree to Human Resources in order to be eligible for the payment.
7.2 Two-Year Degree Incentive Pay
For employees hired prior to June 30, 2008, the Town shall pay two and one-half percent (2.5%) of base salary to any member who possesses a two-year degree or meets the minimum requirements to obtain an Associates of Arts Degree that enhances their ability to do their job. Employees must submit proof of the two-year degree or completion of the minimum requirements to obtain an Associates of Arts Degree in a related field to Human Resources in order to be eligible for the payment. The incentive pay for a two-year degree does not stack with incentive pay for a four-year degree; the maximum education incentive pay any member may receive under this section 7 is two and one-half percent (2.5%) of base salary
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7.3 Commencement of Educational Incentive Pay
Educational Incentive Pay is effective the first full pay period after the employee provides Human Resources with sufficient proof that the employee has obtained the requisite degree or education for Educational Incentive Pay.
7.4 Re-Opener
If the law changes on the education requirements for California police officers, the Town has the right to reopen this section 7.
Section 8. POST Certificate Pay
Qualified employees shall receive one of the following payment amounts in accordance with Exhibit A:
A. Employees in their represented classifications who have been awarded an Intermediate POST Certificate: An additional 5% of base salary.
B. Employees in their represented classifications who have been awarded an Advanced POST Certificate: An additional 2.5% of base salary for a total of 7.5%.
Section 9. Special Pays
Officers are limited to one special assignment pay or canine pay. Officers who qualify for bilingual pay may receive bilingual pay in addition to a special assignment pay or canine.
9.1 Special Assignment Pay
Town shall provide a 5% special assignment pay to Association represented personnel who are routinely and consistently assigned as follows:
9.1.1 Motorcycle Patrol Premium- for unit members who operate and/or patrol on motorcycle.
9.1.2 School Resource Officer Duty Pay – For unit members who are assigned to School Resource Officer duty.
9.1.3 Detective Division Premium- for unit members who are routinely assigned to a detective or investigative division.
9.1.4 Police Administrative Officer-for unit members who are assigned to police administration to provide support for the Police Chief and Command Staff in the operation of the Police Department.
Assignment for special pay purposes shall be done using Town Personnel Action Forms.
Association represented personnel removed from specialty positions on a temporary basis for departmental purposes and through no fault or request of their own shall continue to receive specialty pay for a maximum of 30 calendar days.
The parties agree that special assignment premiums are pensionable as determined by CalPERS.
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9.2 Bilingual Pay
The Town will pay an additional 2.5% above base pay for employees who are routinely and consistently assigned to communicate in languages other than English. Bilingual pay will be for Spanish, Russian, Arabic, Chinese, Vietnamese and any other language designated by the Chief of Police. The Town will determine the qualifying criteria including the test and the application to the specific job assignment.
9.3 Canine Pay
Officers who are routinely and consistently assigned to handle, train and board a canine in accordance with this section are eligible for Canine Officer/Animal Premium. Officers assigned to the canine unit are required to care for, train, groom, feed, and bathe their assigned dog. The parties agree that two hours per week is a reasonable amount of time to care for the canine. The Town compensates Canine officers a total of five (5) hours per week for additional time spent caring for the canine. Two (2) hours of this additional time is outside of the regular shift. The remaining three (3) hours is provided as release time.
Call-back as defined in the MOU shall not apply for the purposes of caring for the dog. Compensation provided during the additional paid time and release time is mutually acknowledged to compensate for additional time required to care for, train, groom, feed, and bathe the assigned canine.
9.3.1 Canine Pay Premium
Compensation for the 2 hours outside of the regular shift is paid as a 5% premium on all hours worked.
9.3.2 Canine Release Time
Canine Officers on a 4-10 schedule shall be released in a paid capacity for 0.75 hours prior to the “normal” conclusion of each regularly scheduled shift (4 shifts per week equaling 3 hours per week) for the normal care of the canine, including but not limited to training, grooming, feeding, bathing, and routine veterinarian care.
Canine Officers on a 12-hour schedule shall be released in a paid capacity for 1.0 hours prior to the “normal” conclusion of each regularly scheduled shift (3 shifts per week equaling 3 hours per week) for the normal care of the canine, including but not limited to training, grooming, feeding, bathing, and routine veterinarian care.
In the event that a Canine Officer is not released in sufficient time prior to the conclusion of his or her shift, the officer will be paid for additional time after the end of shift to compensate them for 0.75 or 1.0 hours of Canine care time as appropriate. The Town recognizes that this may result in overtime.
9.3.3 Commute Time with Canine
Commute time with the canine shall not be considered working time. If there is an event requiring emergency veterinarian care, travel to the veterinarian will be compensable work time.
9.4 Field Training Officer Training Premium
In addition to the above special pays, officers assigned by the Chief of Police as Field Training Officers shall also receive the 5% incentive whenever providing training to a Department member for which a training observation report is required or when completing special assignments directly related to the Field Training Officer Program with prior approval of the Chief of Police. Attendance at FTO meetings, training provided at briefings, or other training provided in conjunction with the Department’s annual Advanced Officer Training or other on-going general training to Department members does not qualify for the 5% incentive.
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9.5 Trailing Canine Pay
Officers that personally own a certified and properly equipped Trailing Canine and have been identified as a Department Trailing Canine Handler will provide the Los Gatos-Monte Sereno Police Department with the use of the Trailing Canine when tracking, trailing and related canine services are required. Deployment of the Trailing Canine Team may be requested for location of missing persons, fugitive apprehension and evidence recovery. With the approval of the Chief of Police, the Trailing Canine Team may also be deployed to other jurisdictions. Trailing Canine Handlers are responsible for the maintenance and care of the canine, in addition to recurring in-service training, at no cost to the Town.
9.5.1 Trailing Canine Premium
Officers will receive a five percent (5%) specialty pay premium only during approved deployment and use of services and will submit an approved time sheet noting the specialty pay during the pay period in which the services were rendered. Special assignment premiums are pensionable as determined by CaIPERS.
The Town will reimburse Officers up to, but not to exceed, $150.00 per month premium for private pet insurance.
Officers will submit receipts for payment on a quarterly basis to Finance — Accounts Payable for reimbursement. The Town will also reimburse Officers for insurance deductible payments up to $250.00 per injury/illness incurred to canine while deployed for use on Town assignments.
9.5.2 Trailing Canine Training
Trailing Canine Handlers will maintain required recurring in-service training and associated records, within the scope of policies and procedures of the Los Gatos-Monte Sereno Police Department. Officers will be reimbursed for annual canine recertification course registration fees not to exceed $800.00 per year. Officers are responsible for cost of travel, lodging, and per-diem related to the annual recertification course.
Up to 40-hours of paid release time annually will be allowed to attend re-certification course. The approved recertification course constitutes scheduled Department training for which the release time will be honored.
9.6 Posting for Special Assignments
Any opening for a special assignment shall be posted for a minimum of two weeks, unless extraordinary circumstances warrant otherwise.
Section 10. Acting Sergeant Pay
Police Officers working as acting supervisors shall be compensated at Step "4" of the Sergeant’s rate of pay. Town shall periodically review the actual time use of acting supervisor designations in order to determine the necessity of additional permanent supervisory personnel.
Section 11. Reimbursement of Expenses
The Town shall pay claims for reimbursement within 30 days following the complete and accurate submission of claims as approved by the Finance Director.
Section 12. Tuition Reimbursement
Town will reimburse 100% of the cost of books, university/school fees (except parking) and tuition. Tuition and school fees shall be reimbursed up to the full-time rates of San Jose State University at applicable Undergraduate or Graduate rates per school term. The maximum reimbursement per employee per fiscal year is equivalent to two (2) semesters.
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The reimbursement shall be only for courses that are directly related to the employee’s position as determined by the Town Manager, including general education courses that are generally related to attainment of a job-related degree or certification. General education courses not generally related to the employee’s position will not be eligible for reimbursement. Reimbursement shall be taxed pursuant to the State and Federal Regulations.
Application for Tuition Reimbursement shall be made to the Town before the course begins. Prior to reimbursement of costs, all course work must be completed with a passing grade of “C” or equivalent when numerical score or pass/fail is given. Individuals requesting reimbursement must currently be employed by the Town to be eligible for reimbursement.
Any employee who terminates employment with the Town within one year from the completion of a class or classes, for which tuition reimbursement was paid, shall refund all tuition paid under this provision, unless required to attend by the appointing authority.
Section 13. Health and Welfare Benefits and Rate of Town Contribution The Town contracts with CalPERS for the purpose of providing employees and their eligible dependents with medical insurance benefits. The Town’s maximum monthly contribution for each eligible active employee shall be equal to the minimum employer contribution required under Public Employees’ Medical and Hospital Care Act (PEMHCA), currently $149 per month, as may be adjusted by CalPERS from year to year.
13.1 Cafeteria Plan
During the term of the MOU, the Town agrees to maintain a Cafeteria Plan, pursuant to Section 125 of the Internal Revenue Code, for the purpose of providing eligible active employees with access to various health and welfare benefits. Benefits available through the Cafeteria Plan include medical insurance, dental insurance, vision insurance and life insurance benefits.
13.2 Dental
Employees choosing this option instead of Cash-in-Lieu will be provided 100% of the Delta Dental DPO Plan premium less a $15.00 employee contribution. If the premium cost of the dental plan exceeds the Town contribution, the employee shall pay through payroll deductions the difference between the monthly premium and the amount contributed by the Town. The Town will pay 100% of the premium for employees choosing to participate in the DeltaCare USA Plan.
13.3 Medical
The Town will provide active employees with a medical allowance equal to 100% of the cost of the Kaiser Bay Area Medical Insurance Program premium offered by the Public Employees’ Retirement System Health Benefit Medical Program at the Employee Only level of participation. For dependents, the Town will pay 90% of the difference between Kaiser Employee Only and Kaiser level of participation (Employee Plus One or Employee Family, depending on family status). If the employee chooses medical coverage under a program more expensive than Kaiser Bay Area, the employee will pay the difference between the Town-provided medical allowance and the cost of the more expensive program through payroll deduction.
The Town’s contribution towards medical insurance set forth in Section 13 (the PEMHCA minimum) will be deducted from the amount of contribution provided by this Section.
13.4 Vision
The Town shall pay for employee-only coverage under the Town’s Vision Service Plan (VSP). Employees may enroll eligible dependents at their own cost.
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13.5 Cash-In-Lieu Plan
Employees have the option of choosing all available coverages or, upon providing proof of other medical coverage, may choose to opt out of the Town’s coverage and be provided with cash-in-lieu.
Employees who choose to receive the cash-in-lieu must first show proof of alternative minimum essential medical coverage for the employee and employee’s tax family (individuals for whom the employee expects to claim a personal exemption deduction). Individual coverage, and individual coverage from Covered California does not qualify as alternative minimum essential coverage under this section. Employees must provide reasonable evidence of alternative minimum essential coverage each plan year, during open enrollment. The Town will not make the cash payment if it knows or has reason to know that the employee or tax family does not have alternative minimum essential coverage. Any amount received in cash is taxable. Employees choosing to receive taxable cash will have the option of receiving it in two equal amounts in December and June, or the first two paychecks of each month (24 times a year).
x For employees hired before January 1, 2006, the Town contribution to the Cash-In-Lieu program will be equal to Nine Hundred and Twenty-two Dollars ($922) per month. x For employees hired after January 1, 2006, the Town contribution to the Cash-In-Lieu program will be Four Hundred Dollars ($400) per month.
The parties agree to meet and confer at the Town’s request on any changes that are within the mandatory scope of bargaining related to its Town sponsored Medical Insurance and Cash In-Lieu Plan that may be related to the compliance and implementation of the Affordable Care Act or the Fair Labor Standards Act as it relates to the regular rate of pay for overtime.
13.6 Supplemental Health and Welfare Benefits
A. Life: Coverage of $50,000 plus $50,000 accidental death: Town to pay for premium. Additional life insurance may be purchased by the employee equal to once or twice the employee's base salary, not to exceed $200,000.
B. Disability: Short Term Disability Policy effective 8th calendar day; coverage of 60% of weekly earnings up to maximum of $1,300/week for 13 weeks. Long Term Disability benefits begin on the 91st day of disability; coverage of 60% of monthly earnings up to a maximum of $6,000/month.
C. Employee Assistance Program: Premiums shall be paid by the Town.
D. Unemployment Insurance: Premiums shall be paid by the Town to provide State coverage.
Section 14. Retiree Health
The Town provides retiree health benefits in accordance with the PEMHCA for employees who qualify as eligible PERS retirees who receive a PERS retirement allowance and are PEMHCA annuitants entitled to such benefits under the PEMHCA.
The Town’s maximum monthly contribution for each eligible annuitant shall be equal to the minimum employer contribution required under the PEMHCA, currently $149 per month, as may be adjusted by CalPERS from year to year.
The provisions of PEMHCA will govern medical insurance coverage for annuitants.
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14.1 Retiree Health Benefit for Eligible Retirees Hired on or Before October 1, 2018 An employee hired on or prior to October 1, 2018, or provided with a final offer confirmation of employment prior to October 1, 2018, is eligible for Health Reimbursement Account (HRA) retiree health benefits in accordance with this Section.
14.1.1 The employee retired from the Town taking a service or disability retirement from CalPERS as a retiree receiving a PERS retirement allowance and is a PEMHCA annuitant; and,
14.1.2 The employee must actually draw a CalPERS pension within ninety (90) days of separation from the Town, provided the employee remains with the Town’s health plan through COBRA.
14.1.3 The amount of the supplemental retiree health benefit allowance will be equal to 100% of the cost of the premium for Kaiser Bay Area Retiree Only and 90% of the difference between the Kaiser Employee Only and Kaiser level of participation (Employee Plus One or Employee Family, depending on family status). The Town will pay $ $1,947.16 per month towards a Retiree Plus One or More plan, as of the 2022 plan year. This amount will increase by $100.00 each year until it is equal to the active employee contribution.
14.1.4 The Town’s contribution towards retiree health insurance set forth in Section 14 (the PEMHCA minimum) will be deducted from the amount of contribution provided by this Section (14.1).
14.1.5 Employees retiring on or after February 1, 2016 and upon becoming eligible for Medicare will cease to receive any retiree health benefit allowance under this Section (14.1) and will become eligible for Supplemental Medicare equal to the cost of Kaiser Senior Advantage Bay Area Medicare rates up to a maximum of 100% Retiree Only, 90% for Retiree Plus One or 90% for Retiree Plus One or More less the amount of the employee contribution provided under Section 14 (the PEMHCA minimum). This benefit is available to the eligible retired employee only after he or she has reached the age of 65 and is Medicare eligible or as otherwise specified by law.
14.1.6 The benefits described by this Section (14.1) will be provided to annuitants through CalPERS by means of a Health Reimbursement Account (HRA).
14.2 Retiree Health Benefit for Eligible Retirees Hired After October 1, 2018 The Association will establish participation in a retiree medical plan administered by the PORAC Retiree Medical Trust (PORAC RMT). This agreement to participate will apply to every employee, represented by the Association, hired by the Town after October 1, 2018. The cost of establishing and maintaining the Trust shall be at no cost to the Town, including administrative fees. The Town is not a party to the Trust, aside from transferring funds, and has no obligations to the management, regulatory compliance or performance of the trust. In the event the Trust becomes insolvent or unable to pay, the Town has no financial obligation to the Trust or the contributing members of the Association.
The Town will transfer a monthly employee contribution of one hundred dollars ($100.00) for each Association member deducted in fifty dollars ($50.00) increments from the first two paychecks of each month (24 times per year).
These contributions shall be on a pre-tax basis if permitted by law. As each member will contribute the same predetermined dollar amount, no member election forms designating the amount will be needed, allowed or
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requested; and there shall be no member election available to take the member contribution amount in cash, or to determine the member contribution amount. These contributions shall be included as salary for purpose of calculating retirement benefits as determined by the California Public Employees Retirement System (CaIPERS).
The Town will comply with reasonable procedures set by the Trust Office with regard to reporting and depositing the required contributions set forth above, typically involving providing the Trust Office with the name, social security number and amount paid for each Association member. In the event that the reporting requirement of the Trust requires reporting beyond that which the Town typically provides, the Town may require the Association to pay for any costs related to programing or producing such reports. Prior to engaging in any activity that could result in such an expense, the Town will secure the Association's authorization The Association agrees to defend, indemnify, and hold the Town harmless from any liabilities of any nature which may arise as a result of the operating of the PORAC RMT, except for the obligation of the Town to make and report the nonelective transfer of Association member contributions as described above.
The monies contributed to the Trust fund shall only be used for retiree health insurance premiums or health care expenses, as allowed by law. There shall be no Association member election/option available to take such amount in unrestricted cash.
The purpose of this Trust shall be to provide for retiree health care expense reimbursement benefits. The Trust shall be and remain separate and apart from any Town health insurance funding program, unless changed by mutual written agreement of the parties. The contributions set forth above, unless otherwise dictated by law or rules set forth by CalPERS, shall be included as salary for purpose of calculating pension benefits.
The Town hereby acknowledges receipt of the Trust Agreement governing the Trust. The Town will cooperate with the Trust in allowing a payroll audit only for the purpose of ascertaining if the proper number of contributions have been made.
Section 15. Uniforms
The Town will provide a full set of uniforms and equipment (per Department Uniform Policy) to each new employee.
The Town will replace authorized uniform items damaged in the performance of duty as approved by the Chief of Police.
The Town will pay bargaining unit employees a uniform allowance of One Hundred Fifteen Dollars ($115) per month (paid the first two pay periods of each month) for the repair, maintenance, and replacement of uniforms.
Section 16. Mileage Reimbursement
Employees using personal vehicles on official Town business shall be reimbursed at the mileage rate established by the I.R.S. Private vehicles used for Town business shall comply with the California Vehicle Code.
Mileage reimbursement requests must be submitted within 30 days of the date accrued.
Section 17. Payroll Periods
The Town and Association agree to the continuation of a biweekly payroll period. The following conditions are in effect:
A. Employee pay shall not be withheld more than seven (7) calendar days from the end of the payroll period, however, a maximum of two days overtime may appear on the next payroll period if it is worked following the submittal of time sheets, or during a pay period with a Town holiday which requires early submittal of time sheets and early distribution (before Friday) of pay checks. This may also occur at the end of the fiscal or calendar year.
B. The Town shall provide an optional electronic check deposit system for use by employees.
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Section 18. Paychecks
Payroll deductions and accruals shall appear on all paychecks.
Section 19. Deferred Compensation
The Town shall continue to offer a program of deferred compensation to its members in the represented classifications. The Town makes no representation on the merit of the plan nor any of the investment products or instruments which may be offered by the plan. The responsibility for evaluating the options within the plan is the responsibility of the individual participant. The Town shall not be obligated to offer more than one Deferred Compensation carrier.
Section 20. Overtime
Overtime is time worked beyond any scheduled work shift.
All overtime worked shall be compensated at time and one-half. The employee may choose whether overtime shall be paid in cash or accumulated as Compensatory Time Off (CTO), subject to a maximum accumulated CTO of one hundred and forty (140) hours.
On or before the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out up to 40 hours of CTO twice per year (paid at the regular rate of pay in whole hour increments) which will be earned in the following calendar year. In the first full pay period of June and December in the following year, the employee will receive cash for the amount of CTO the employee elected to cash out in the prior year.
However, if the employee’s CTO balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of the CTO the employee has accrued at the time of the cash out.
Annual review of the impact of those changes will occur to determine if there is any adverse impact on scheduling.
For private duty contracts, officers may only receive pay.
Overtime is to be approved by a supervisor as soon as practical. Overtime payroll sheets are the responsibility of the employee to have approved and forwarded to the division commander by the appropriate payroll deadline.
Section 21. Duty Extension
Compensation is made for actual time worked and shall be computed in minimum quarter-hour blocks.
Personnel whose work hours would normally terminate within one hour or less from the time of the scheduled court, meeting, or training commencement will be compensated from the termination of their normal work hour through the termination of the scheduled event.
Duty extension is paid at time and one half.
Section 22. Call Back
Requests that personnel return to duty, attend mandatory meetings, court appearances and training classes are call backs and compensated at a 3-hour minimum or actual time, whichever is greater. Mandatory meetings where a minimum of two weeks’ notice has been given are not a call back and will be compensated at a one (1) hour minimum or actual time worked whichever is greater.
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Call backs for officers assigned to Watch I (midnight shift) who have worked the night before shall receive a minimum of 4 hours.
Personnel are considered on duty for the duration of a call back.
Court appearances-hearings-depositions: Required off duty attendance at judicial or administrative hearings is compensated at a 3-hour minimum (4 hours for midnight if shift worked the night before appearance), or actual time, whichever is greater. Should there be more than one appearance, including separate court locations, within the 3- or 4-hour time period, only one minimum will be granted.
Call back is paid at time and one half.
Section 23. Vacation Schedule
The following vacation schedule shall apply to all employees:
Months of Employment
Accrual
Days Per Year
Accrual
Hours Per Pay Period
0 to 36 10 3.08
37 to 60 15 4.62
61 to 120 20 6.46
121 to 180 23 7.08
181 months 25 7.70
Maximum accrual of vacation hours shall be 344 hours.
On or before the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out up to 80 hours of vacation twice per year (in whole hour increments) which will be earned in the following calendar year. In the first full pay period of June and December in the following year, the employee will receive cash for the amount of vacation the employee irrevocably elected to cash out in the prior year. However, if the employee’s vacation balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of vacation the employee has accrued at the time of the cash out.
Section 24. Vacation and Compensatory Time Off Cash-out Employees who terminate from Town service shall have all accrued vacation and compensatory time off cashed-out.
This will terminate their status as an employee of the Town.
Section 25. Shift and Vacation Selection Procedures
Patrol shift selection and vacation bidding shall commence approximately ten weeks prior to shift change, unless circumstances require otherwise.
The Town agrees to continue efforts to transition to an online mechanism for shift and vacation selection.
Due to the Association’s concerns regarding changes to the vacation selection procedure that arose due to sworn staffing shortages and its effect on officer access to vacation, the parties agree to meet to discuss shift and vacation selection procedures during the month of July 2022. Upon request by the Union, the parties will promptly meet and confer on the limited issue of the Department’s vacation selection procedure. Any changes to the existing vacation selection procedure will be by mutual agreement.
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Section 26. Holidays and Holiday Pay
The following holidays will be observed by non-uniform personnel:
x January 1.
x the third Monday in January.
x the third Monday in February.
x the last Monday in May.
x Juneteenth.
x July 4.
x the first Monday in September.
x Thanksgiving Day.
x the Friday following Thanksgiving Day.
x December 25.
x Four hours on December 24 and December 31
x Every day declared a Holiday by the Mayor as a result of a national holiday declared by the President or State Governor.
Holidays which fall on Saturday shall be observed on the Friday prior and holidays which fall on Sunday shall be observed on the following Monday.
Uniform personnel assigned to shift work (Patrol and Traffic) shall receive compensation in-lieu of holiday time off equal to eighty (80) hours of base pay annually. Employees shall have the option of taking Holiday leave off equal to eighty hours (80) or receive in-lieu compensation. If the employee selects to receive in-lieu compensation, forty (40) hours of holiday pay will be received in the last payroll of November and the second forty (40) hours will be received in the last payroll of May and will be included on the regular check. In-lieu holiday pay shall cease whenever an employee is reassigned to other than shift work. The employee shall observe holidays as described above. In the event that an additional holiday is observed by the Town during the term of this agreement, the in-lieu compensation shall be increased by the additional hours holiday time made available to non-uniform personnel (the language of this paragraph becomes null and void effective January 1, 2019).
Effective the first full pay period of July 2022 or the first full pay period after Council approval of the MOU, whichever is later, in recognition of Juneteenth, holiday in-lieu pay will be increased by 0.4%, to total 4.4%.
Effective the first full pay period of July 2022 or the first full pay period after Council approval of the MOU, whichever is later, employees will receive a one-time, non-pensionable lump sum payment of one thousand dollars ($1,000) for foregoing the Juneteenth holiday prior to 2023.
Section 27. Personal Leave
Employees shall have the option of either taking personal leave off equal to twenty-four (24) hours of base pay annually or receiving in-lieu compensation equal to same if the personal leave is not used by the end of November.
Employees may use personal leave hours during the month of December; however, employees desiring to receive compensation for those hours shall do so in conjunction with the annual cash out in November.
Section 28. Sick Leave
Accumulation rate shall be 8 hours per month (3.70 hours per pay period) with a maximum accrual of 1180 hours. The Town may require association represented employees to provide a doctor statement of proof of illness for any use of sick leave beyond one working day.
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Section 29. Sick Leave Cash-Out Program
29.1 Annual Sick Leave Cash-Out for Employees Hired Prior to October 1, 2018 On or before the pay period which includes December 15 of each calendar year, employees eligible to cash out under this section may make an irrevocable election to cash out up to 40 hours of their accumulated sick leave at 50% of current salary two times per year (in whole hour increments) which will be earned in the following calendar year. In the first full pay period of June and December in the following year, the employee will receive cash for the amount of sick leave the employee irrevocably elected to cash out in the prior year. However, if the employee’s sick leave balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of sick leave the employee has accrued at the time of the cash out.
29.2 Sick Leave Cash-Out Upon Termination for Employees Hired Prior to October 1, 2018
Employees who terminate employment with the Town for any reason other than retirement or disciplinary termination, may cash-out their accumulated sick leave as follows:
Months of Employment
1-59 months 25%
60-119 months 37.5%
120 months or more 50%
In order to be eligible for the sick leave cash-out program, an employee must have a sick leave accrual balance of at least 200 hours at the time of termination.
29.3 Unused Sick Leave Upon Retirement
Upon retirement, eligible employees may choose from the following options:
1. Eligible employees may convert unused sick time to service credit in accordance with provisions established by CalPERS.
2. Sick Leave Cash Out for Employees Hired Prior to October 1, 2018 All eligible employees who retire with a sick leave accrual balance of at least 200 hours may elect to be paid in cash in accordance with the same provisions as Section 28.2 Sick Leave Cash-Out Upon Termination.
3. Sick Leave Conversion for Employees Hired Prior to January 1, 2009 All employees who retire with a sick leave accrual balance of at least 200 hours may convert 100% of this accumulated sick leave to a dollar equivalent at their hourly rate of pay at the time of retirement. This amount shall be held in an account. The employee’s portion of the medical insurance premium payment will be withheld from their monthly retirement payment by PERS.
The Town agrees to pay the retiree quarterly in advance on the first pay period of January, April, July, and October of each year after retirement. The first payment will be pro-rated to the nearest quarter.
Retiree’s (including dependents of the retiree) portion of medical payments will be paid from this account by the Town until all monies are depleted from the account.
This account will not accrue interest and will not be paid in cash to the retiree or any beneficiaries. The retirees shall be responsible for 100% of their share of future medical insurance premiums once the account is exhausted.
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Section 30. Military Leave
Military leave and benefits shall be granted in accordance with State and Federal Law, including the continuation of employee salary and benefits if applicable.
Generally, employees with more than one year service will receive up to thirty (30) calendar days of paid military leave annually while engaged in military duty ordered for purposes of active military training.
Section 31. Bereavement/Compassion Leave
Up to 40 hours available per occurrence – use limited to spouse, parent, grandparent, child, or sibling by blood or marriage. It is recognized that bereavement/compassion leave is separate from employee’s accumulated sick leave, vacation or CTO.
Section 32. Leave Without Pay
Leave without pay shall be subject to approval of the Chief of Police and the Town Manager.
An employee who is on leave without pay shall not earn any employment benefits (including, but not limited to, such benefits as vacation leave, medical benefits, sick leave, retirement, credit for time employed or seniority entitlement of any kind) for the duration of such leave.
Vacation or sick leave or time worked shall not be used intermittently during an extended leave to interrupt a determination that an employee is on leave without pay.
The Town may, at its discretion, approve leave beyond the specific amount provided above.
Section 33. Accrual of Benefits
Benefits shall not accrue to employees on unauthorized leave, suspension without pay, or leave without pay.
Section 34. Workers’ Compensation
Employees shall be provided benefits in compliance with State law.
Section 35. Jury Duty
Employee salary and benefits shall be continued during jury duty; employee turns over to the Town any compensation from the courts or other source of jury duty on regular workdays.
Section 36. Outside Employment
Outside employment shall be subject to approval of the Chief of Police and the Town Manager, subject to the following limitations: no security work within Town limits; no use of Los Gatos uniform, badge, ID, or Los Gatos issued items; vacation or CTO to be used for court appearances resulting from private employment. Approval must be obtained prior to engaging in the outside employment and shall be renewed prior to July 1 of each year.
Section 37. Residency Requirement
There is no residency requirement for represented employees.
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Section 38. Layoff Policy
Association recognizes the right of the Town to determine the resources to be made available to the police department. Although a reduction in force (layoff) is not anticipated, it is recognized that it is the sole right of the Town to determine when such reductions in force are necessary.
Reductions in force shall be by classification with the determination of affected employees by the Town based on seniority counted as total time employed by the Town. Affected employees shall be provided a minimum thirty (30) calendar days’ notice of layoff.
Employees in the classification of Police Sergeant and designated for layoff shall have the right to return to positions previously held with the Town and represented by the Association.
Section 39. Vehicles
Town shall advise POA no later than sixty days prior to Town development of vehicle specifications for patrol vehicles.
POA shall submit recommended specifications for vehicle purchase no later than thirty (30) days after receiving the notice from the Town.
Section 40. Promotions
The Town and Association agree that it is in the best interest of both the Town and its employees to foster promotion of incumbent employees.
The Town and Association recognize the Town's sole right to determine the examination process for the selection of Town employees. Qualified employees who are invited to participate in the examination process shall be allowed up to two (2) hours of time-off from regularly scheduled work in order to participate in the examination process if the examination process is scheduled during the employee's normal work period.
To the best of its ability, the Town shall maintain a current promotional list for the positions of Police Corporal and Police Sergeant.
Any opening for Police Corporal or Police Sergeant positions shall be posted for a minimum of three weeks, unless extraordinary circumstances warrant otherwise.
Section 41. Probationary Period
The Town and the Association agree that all original appointments to the rank of Police Officer will include a probationary period of 18 months from date of hire to allow the department to fully evaluate the officer following the academy and FTO training.
Individuals hired as a lateral transfer must have a valid P.O.S.T. Basic Certificate at the time of hire and will be subject to a 12-month probationary period.
Any individual on an 18-month probationary period will be eligible to receive a step increase after 12 months.
All promotional appointments to the positions of Corporal and Sergeant shall be subject to satisfactory completion by the employee of a 12-month probationary period.
The Chief of Police may extend the probationary period of an employee for a period not to exceed an additional six (6) months.
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Section 42. Performance Evaluations
Performance evaluations shall take place at least every three (3) months for all probationary employees and shall take place at least annually thereafter on the anniversary of an employee’s employment with the Town. Employees eligible for step increases shall receive their performance evaluation no later than fifteen (15) days prior to their employment anniversary date.
All performance evaluations shall be discussed with the employee prior to the evaluation being completed. Employees may sign their individual performance evaluations as evidence of discussion having taken place; employee signature does not necessarily imply agreement with the evaluation. If an employee chooses not to sign an evaluation, the supervisor will note that the employee has read the evaluation and chooses not to sign. An employee may attach separate written comments to their evaluation.
Section 43. Reinstatement
Subject to the approval of the Town Manager, a permanent employee who has resigned from employment with the Town may be reinstated within two (2) years of their resignation to their former position, if vacant. Upon reinstatement, the employee shall be considered as though they had received an original appointment, unless other conditions are made a part of the reinstatement by the Town Manager.
Section 44. Re-Employment
The names of employees affected by layoff shall be placed on appropriate re-employment lists in the order of total continuous cumulative time served in paid status. Such names shall remain thereon for a period of eighteen (18) months unless such persons are sooner re-employed. When a re-employment list is to be used to fill vacancies, the Personnel Officer shall certify from the top of such list the number of names equal to the number of vacancies to be filled, and the appointing power shall appoint such persons to fill the vacancies.
Section 45. Grievance Procedures
Grievances shall be defined as alleged violations of this agreement or disputes regarding interpretations, application, or enforcement of this agreement to Town ordinances, resolutions, and written policies related to personnel policies and working conditions. Grievances shall not include disagreements, disputes, or activities regarding or pertaining to examinations for employment or promotion, disciplinary action, performance evaluations, and probationary terminations.
No act or activity which may be grievable may be considered for resolution unless a grievance is filed in accordance with the procedure contained herein within sixty (60) calendar days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. The provision for the sixty (60) days “statute of limitations” shall not apply to probationary employees.
The parties agree that all grievances will be processed in accordance with the following procedure:
Any employee who has a grievance shall first try to get it settled through discussion with their immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision. If after such discussion the employee does not believe the grievance has been satisfactorily resolved, they may file a formal appeal in writing to the command officer responsible for supervision of the employee’s immediate supervisor within ten (10) calendar days after receiving the informal decision of their immediate supervisor. The command officer shall respond within ten (10) calendar days of the filing of the appeal.
If the employee does not believe the grievance has been satisfactorily resolved by the command officer, the employee may then file a formal appeal in writing to the Chief of Police within ten (10) calendar days after receiving the informal decision of the command officer. The Chief of Police shall render his written decision within ten (10) calendar days after receiving the appeal.
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If after receipt of the written decision of the Chief of Police, the employee is still dissatisfied, they may appeal the decision of the Chief to the Town Manager. Such appeal shall be made by filing a written appeal to the Town Manager within five (5) days after the receipt of the written decision of the Chief. The Town shall render a written decision within twenty (20) working days after the appeal is made.
If after receipt of the written decision of the Town Manager the employee is still dissatisfied, he/she/they may appeal the decision of the Town Manager to the Personnel Board. Such appeal shall be made by filing a written appeal to the Chair of the Personnel Board within five (5) days after receipt of the written decision of the Town Manager.
The Personnel Board shall establish a hearing date within 30 days of receipt of the written appeal. The Personnel Board shall conduct a closed hearing giving opportunity for presentation by the employee or their representative and the Town Manager. The Personnel Board shall render a written decision within 30 days after the appeal is made. If after receipt of the written decision of the Personnel Board, the employee is still dissatisfied, they may appeal the decision of the Personnel Board to the Town Council. Such appeal shall be made by filing a written appeal with the Mayor. The Mayor shall schedule a closed hearing with the Town Council within 30 days after receipt of the appeal. At this hearing, the employee and the Town Manager may make presentations. The Town Council decision shall be final.
The Town Council shall render a decision within 30 days after the hearing. An open hearing may be conducted by the Personnel Board or Town Council with mutual consent of the Town and person(s) filing the grievance.
The time limitations for filing and responding to grievances may be waived or extended by mutual agreement of the parties. If either party to the grievance so requests, an informal hearing shall be conducted at the Chief of Police or Town Manager appeal levels. Employees may be represented by counsel or other person at any stage in the grievance process.
Section 46. Attendance
Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leave.
An employee whose absence is not authorized will not receive pay or benefits for the absent period and shall be subject to discipline. Failure on the part of an employee absent without leave to return to duty shall be grounds for discharge. It shall be the responsibility of an employee absent without leave to notify the department head of the reason the employee is absent and of the employee’s availability for duty.
Section 47. Completeness of MOU
The Town and the Association acknowledge and agree to abide by the provisions of the Meyers-Milias-Brown Act.
Section 48. Association Notification or Communications
The Town and the Department will make every reasonable effort to keep the Association President informed on issues related to the working conditions of the Association members.
Section 49. Labor-Management Committee
As part of a continuing effort to promote healthy labor relations, the Department and the Association shall establish a Police Labor-Management Committee to meet on at least a quarterly basis to promote open communication and the sharing of information. It is the intent of the parties that the Chief or designee and the Association President or designee will attend these meetings.
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Section 50. Catastrophic Time Bank
If an employee is catastrophically ill or injured, or if the spouse or child of such employee becomes catastrophically ill or injured, the employee may request of the Town Manager that a catastrophic time bank be established. This request should be in writing. The catastrophic time bank will enable other employees to donate accrued CTO, holiday credits, or vacation credits to the requesting employee in accordance with departmental policies.
Specific procedures for the administration of the catastrophic time bank will be developed by the department.
Section 51. Me Too Clause
The Town shall not enter into an agreement with another bargaining unit, local union or management unit so that unit, local or bargaining unit can receive any compensation related to any salary or total compensation increase obtained by the POA.
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SALARY SCHEDULE EXHIBIT A
Class Code Classification Title Range Step Hourly Rate
2520 Police Sergeant (Prior) 04-0721 1 $66.43
Appointment before 03/01/2015 2 $69.75
3 $73.24
4 $76.90
5 $80.75
Class Code Classification Title Range Step Hourly Rate
2521 Police Sergeant (New) 05-0721 1 $66.43
Appointment after 03/01/2015 2 $69.75
3 $73.24
4 $76.90
Class Code Classification Title Range Step Hourly Rate
7500 Police Corporal 03-0715 1 $55.12
2 $57.88
3 $60.77
4 $63.81
5 $67.00
Class Code Classification Title Range Step Hourly Rate
7510 Police Officer 02-0711 1 $52.50
2 $55.13
3 $57.89
4 $60.78
5 $63.82
Class Code Classification Title Range Step Hourly Rate
9519 Police Trainee * 01-0710 1 $49.88
* 95% of Step 1 of Police Officer Classification (Provisional Employee with Misc PERS) Reflects General Increase of 2%.
Town of Los Gatos
Salary Schedule for Police Officers' Association Classifications Effective June 12, 2022
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SALARY SCHEDULE EXHIBIT B
Class Code Classification Title Range Step Hourly Rate
2520 Police Sergeant (Prior) 04-0721 1 $69.92
Appointment before 03/01/2015 2 $73.42
3 $77.09
4 $80.94
5 $84.99
Class Code Classification Title Range Step Hourly Rate
2521 Police Sergeant (New) 05-0721 1 $69.92
Appointment after 03/01/2015 2 $73.42
3 $77.09
4 $80.94
Class Code Classification Title Range Step Hourly Rate
7500 Police Corporal 03-0715 1 $58.01
2 $60.91
3 $63.96
4 $67.16
5 $70.52
Class Code Classification Title Range Step Hourly Rate
7510 Police Officer 02-0711 1 $55.26
2 $58.02
3 $60.92
4 $63.97
5 $67.17
Class Code Classification Title Range Step Hourly Rate
9519 Police Trainee * 01-0710 1 $52.50
* 95% of Step 1 of Police Officer Classification (Provisional Employee with Misc PERS) Reflects General Increase of 5.25%.
Town of Los Gatos
Salary Schedule for Police Officers' Association Classifications Effective July 10, 2022
PREPARED BY: James Watson
Senior Engineer
Reviewed by: Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/2/2023
ITEM NO: 8
DATE: April 17, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Approving the Parcel Map for 16194 Fisher Avenue and Accepting Dedication
RECOMMENDATION:
Adopt a resolution (Attachment 1) approving the Parcel Map for 16194 Fisher Avenue and accepting dedication.
BACKGROUND:
On February 18, 2020, the Development Review Committee considered a certificate of compliance and approved Subdivision Application M-19-009 for a new three-unit condominium development at 16194 Fisher Avenue.
On November 17, 2020, the Development Review Committee considered a subsequent lot line adjustment for the project site and approved Subdivision Application M-20-001 with conditions.
The developer, Lauren L. Kuehn, Trustee of the Aguiar Family Revocable Trust, has created the Parcel Map (Attachment 2) to formalize the parcels, dedicate right-of-way to the Town, and dedicate a public service easement.
DISCUSSION:
The parcel map formalizes the existing parcel for the construction of three new residential condominium units. The developer has provided all necessary maps and drawings. The developer has paid the appropriate fees to fully comply with the previously imposed development conditions and Town ordinances.
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SUBJECT: Adopt a Resolution Approving the Parcel Map for 16194 Fisher Avenue and Accepting Dedications
DATE: April 17, 2023
DISCUSSION (continued):
The developer is dedicating a portion of the property as a street dedication (in-fee) and an approximately 20-foot-wide ingress and egress and public service easement along the south side of the two resulting parcels. The easement dedications are all identified on the Parcel Map (Attachment 2).
CONCLUSION:
Staff recommends that Council adopt a resolution approving the Parcel Map and accepting dedications for the development of 16194 Fisher Avenue.
COORDINATION:
This project has been coordinated with the Town Attorney and the Community Development Department.
FISCAL IMPACT:
The Town will incur undetermined ongoing maintenance costs for the public right-of-way improvements following acceptance of the project.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act - Section 15315: Minor Land Divisions and Section 15303: New Construction or Conversion of Small Structures.
Attachments:
1. Draft Resolution Approving the Parcel Map for 16194 Fisher Avenue and Accepting Dedications
2. Parcel Map for 16194 Fisher Avenue
RESOLUTION 2023- DATE
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE PARCEL MAP FOR 16194 FISHER AVENUE
AND ACCEPTING DEDICATIONS
WHEREAS, on February 18, 2020, the Development Review Committee considered a certificate of compliance and approved the Subdivision Application M-19-009 for a new threeunit condominium development at 16194 Fisher Avenue; and WHEREAS, on November 17, 2020, the Development Review Committee considered a subsequent lot line adjustment for the project site and approved Subdivision Application M-20- 001 with conditions; and
WHEREAS, the developer, Lauren L. Kuehn, Trustee of the Aguiar Family Revocable Trust, is required to dedicate portions of the land for street right-of-way in-fee and public service easements within the property as indicated on the Parcel Map prepared; and WHEREAS, the developer has complied with the conditions of Subdivision Applications M-19-009 and M-20-001; and
WHEREAS, the Parcel Map has been reviewed by staff and found to be in compliance with the Subdivision Map Act and Chapter 24 of the Town of Los Gatos Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos that the certain Parcel Map of 16194 Fisher Avenue, dated January 2023 and prepared by TS Civil, Inc., is hereby approved; and
BE IT FURTHER RESOLVED that all dedications of land for public use identified on the Parcel Map are hereby accepted, in substantial conformance to the Conditions of Approval as set forth above and subject to the final approval by the Town Attorney.
ATTACHMENT 1
RESOLUTION 2023- DATE
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 2 nd day of
May 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
PH: 408.452.9300 TOLL FREE: 888.327.7070 FAX: 408.837.7550 TS CIVIL ENGINEERING, INC.1776 TECHNOLOGY DRIVESAN JOSE, CA 95110 ATTACHMENT 2 Page 164
PH: 408.452.9300 TOLL FREE: 888.327.7070 FAX: 408.837.7550 TS CIVIL ENGINEERING, INC.1776 TECHNOLOGY DRIVESAN JOSE, CA 95110
PREPARED BY: Dan Keller
Facilities and Environmental Services Manager
__________________________________________________________________________________________ Reviewed by: Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/02/2023
ITEM NO: 9
DATE: April 25, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program with a $65,874 Augmentation for Fiscal Year 2023/24
RECOMMENDATION:
Authorize the Town Manager to execute a Second Amendment to the Agreement (Attachment 1) with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program with a $65,874 augmentation for Fiscal Year 2023/24.
BACKGROUND:
In June 2021, the Town of Los Gatos and the County of Santa Clara entered into a three-year Agreement and in June 2022 executed the First Amendment to that agreement (Attachment 2) to provide household hazardous waste (HHW) service to Los Gatos residents. The Agreement is amended annually during the term of the contract to adjust costs and authorize augmentation levels each fiscal year. The HHW Agreement will be valid until June 30, 2024.
The Countywide HHW Collection program enables residents to conveniently dispose of small quantities of hazardous waste at any of the collection facilities in the County. Hazardous waste that is not allowed to be placed in household garbage containers. Hazardous waste includes, items such as cleaning products, mercury thermostats, pesticides, flammable liquids, corrosives, solvents, car batteries, used motor oil, antifreeze, paint, fluorescent lights, electronic waste, and the like.
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SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program with a $65,874 Augmentation for Fiscal Year 2023/24 DATE: April 25, 2023
BACKGROUND (continued):
AB 939 provides authority for agencies to collect funds for planning and implementation of integrated waste management programs, which include programs for diversion of waste from landfills. The Town of Los Gatos has an existing agreement with the County for AB 939 implementation (Attachment 3) which offsets the costs for the services in the HHW agreement.
DISCUSSION:
While the Town and County entered into a three-year agreement to provide HHW collection services, the agreement must be amended annually with a new operating schedule and a new augmentation amount for service levels above what is funded through AB 939 Implementation Fees. The Town is required under the agreement to pay the difference between the estimated cost to provide service to an average of 4% of the Town’s residents annually at hazardous waste disposal sites under the program less the amount generated within the Town in AB 939 fees.
The AB 939 fees will continue to support a 4% level of participation by Los Gatos residents in the County HHW Program. Funding augmentation for the HHW Program for FY 2023/24 is needed in the amount of $65,874 based on anticipated participation from Town residents.
CONCLUSION:
Authorize the Town Manager to execute a Second Amendment to the Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program with a $65,874 augmentation for Fiscal Year 2023/24.
FISCAL IMPACT:
The amount of $65,874 for funding augmentation of the HHW Program is included as an expense in the Proposed FY 2023/24 Operating Budget within the Environmental Services Program. The amount is calculated based on anticipated resident participation from Los Gatos; actual funding augmentation for FY 2023/24 will be based on actual resident participation.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
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SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program with a $65,874 Augmentation for Fiscal Year 2023/24 DATE: April 25, 2023
Attachments:
1. Second Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program
2. First Amendment and Original Agreement for Countywide Household Hazardous Waste Collection Program
3. Agreement for Countywide AB939 Implementation Fee
SECOND AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM
The Agreement for Countywide Household Hazardous Waste Collection Program (AGREEMENT) by and between the Town of Los Gatos (CITY) and the County of Santa Clara (COUNTY) previously entered into on June 17, 2021, and subsequently amended, is hereby further amended as set forth below.
The COUNTY and the CITY agree that:
1. Section 16. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in full to read:
16. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level. Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection.
CITY agrees to augment up to an additional $66,018 to the Countywide HHW Program during Fiscal Year 2022 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
CITY agrees to augment up to an additional $64,552 to the Countywide HHW Program during Fiscal Year 2023 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C-1, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
CITY agrees to augment up to an additional $65,874 to the Countywide HHW Program during Fiscal Year 2024 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C-2, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available ATTACHMENT 1
Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement.
2. Attachment C-2 “HHW Schedule For Collection Events for Fiscal Year 2023/2024” attached hereto and incorporated herein by this reference is hereby added to the AGREEMENT.
Except as provided herein, all terms and conditions of the AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized representatives, have entered into this First Amendment to the AGREEMENT on the last date shown below:
COUNTY OF SANTA CLARA TOWN OF LOS GATOS
Signature: Signature:
Jeffery V. Smith
County Executive
Date:
Date: ______________________
APPROVED AS TO FORM AND LEGALITY
Willie Nguyen
Deputy County Counsel
Date:
APPROVED AS TO FORM:
______________________________
Gabrielle Whelan
Town Attorney
Date: ________________________
Laurel Prevetti, Town Manager
ATTACHMENT C-2: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2023-2024
2023/Month Day Date Location Type of Event County Holidays/ Notes July Saturday 1 No Event No Event 4th OF JULY WEEK
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 6,7,8 San Martin Permanent
Wed,Thurs,Fri,Sat 12,13,14,15 San Jose Permanent
Saturday 15 Sunnyvale Temporary
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Wed,Thurs,Fri,Sat 26,27,28,29 San Jose Permanent
August Thurs,Fri 3,4 San Jose Permanent
Thurs,Fri,Sat 3,4,5 San Martin Permanent
Saturday 5 Cupertino Temporary
Wed,Thurs,Fri,Sat 9,10,11,12 San Jose Permanent
Thurs,Fri,Sat 17,18,19 San Jose Permanent
Wed,Thurs,Fri,Sat 23,24,25,26 San Jose Permanent
Saturday 26 Mountain View Temporary
Thurs 31 San Jose Permanent
September Fri 1 San Jose Permanent
Saturday 2 No Event No Event LABOR DAY WEEKEND
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Thurs,Fri,Sat 7,8,9 San Martin Permanent
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Saturday 23 Santa Clara Temporary
Thurs,Fri,Sat 28,29,30 San Jose Permanent
October Wed,Thurs,Fri,Sat 4,5,6,7 San Jose Permanent
Thurs,Fri,Sat 5,6,7 San Martin Permanent
Wed,Thurs,Fri,Sat 11,12,13,14 San Jose Permanent
Saturday 14 Sunnyvale Temporary
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
November Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Thurs,Fri, Sat 2,3,4 San Martin Permanent
Thurs 9 San Jose Permanent
Fri 10 No Event No Event VETERANS DAY
Saturday 11 San Jose Permanent
Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent
Tues 21 San Jose Permanent
Wed,Thurs,Fri,Sat 22,23,24,25 No Event No Event THANKSGIVING Thurs 30 San Martin Permanent
Thurs 30 San Jose Permanent
December Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Wed,Thurs,Fri 20,21,22 San Jose Permanent
Sat 23 No Event No Event CHRISTMAS
Thurs,Fri 28,29 San Jose Permanent
Fri 30 No Event No Event NEW YEAR'S
*SUBJECT TO CHANGE
HHW SCHEDULE FOR FISCAL YEAR 2023/2024*
ATTACHMENT C-2: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2023-2024 (Continued) 2024/Month Day Date Location Type of Event County Holidays/ Notes January Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent
Thurs,Fri, Sat 4,5,6 San Martin Permanent
Wed,Thurs,Fri,Sat 10,11,12,13 San Jose Permanent
Saturday 13 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Wed,Thurs,Fri,Sat 24,25,26,27 San Jose Permanent
Saturday 27 Santa Clara Temporary TBD
Wed 31 San Jose Permanent
February Thurs,Fri,Sat 1,2,3 San Jose Permanent
Thurs,Fri, Sat 1,2,3 San Martin Permanent
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Wed,Thurs,Fri,Sat 14,15,16,17 San Jose Permanent
Thurs,Fri,Sat 22,23,24 San Jose Permanent
Wed,Thurs 28,29 San Jose Permanent
Thurs 29 San Martin Permanent
March Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Thurs,Fri,Sat 7,8,9 San Jose Permanent
Wed,Thurs,Fri,Sat 13,14,15,16 San Jose Permanent
Thurs,Fri,Sat 21,22,23 San Jose Permanent
Wed,Thurs,Fri,Sat 27,28,29 San Jose Permanent
Saturday 30 No Event No Event CESAR CHAVEZ DAY
April Thurs,Fri,Sat 4,5,6 San Jose Permanent
Thurs,Fri, Sat 4,5,6 San Martin Permanent
Wed,Thurs,Fri,Sat 10,11,12,13 San Jose Permanent
Saturday 13 Los Altos Temporary
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Saturday 20 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 24,25,26,27 San Jose Permanent
Saturday 27 Santa Clara Temporary TBD
May Thurs,Fri,Sat 2,3,4 San Jose Permanent
Thurs,Fri, Sat 2,3,4 San Martin Permanent
Wed,Thurs,Fri,Sat 8,9,10,11 San Jose Permanent
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Wed,Thurs,Fri 22,23,24 San Jose Permanent
Saturday 25 No Event No Event MEMORIAL DAY WEEKEND
Thurs,Fri 30,31 San Jose Permanent
June Sat 1 San Jose Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri, Sat 6,7,8 San Martin Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Saturday 15 Milpitas Temporary
Wed,Thurs, Fri,Sat 19,20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
*SUBJECT TO CHANGE
HHW SCHEDULE FOR FISCAL YEAR 2023/2024 continued*