Agenda packet — Los Gatos City Council, October 3, 2023 (part 3 of 3)

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From: Terence J. Szewczyk < >
Sent: Thursday, September 7, 2023 1:54 PM
To: Jennifer Armer <[email protected]>
Subject: Fwd: Mr. Glass, do you intend to respond? FOR OCT 3 TOWN COUNCIL [EXTERNAL SENDER]
Jennifer, FOR OCT 3, 2023------The Fire Dept has no published organizational chart and once you finally get near the top, this person with a salary of $500,000 ( yes $500,000) flips the issue as if it all falls on me in terms of their incompetence. The Fire Dept was criticized by the Civil Grand Jury due to the lack of diversity in responsible positions. So they went and hired unqualified staff and put them in the office where lives were not at stake.

The management salaries continue to grow at an unsustainable rate and these fake Fire Marshal Staff are paid $160 to 230K but they can't read plans or make qualified decisions because they have no CALFIRE certifications and no NFPA training. You can see from the hiring advertisement that although the qualifications were specific, they merely hired unqualified clerks to deliver inadequate comments and then these staff cannot interact with design professionals and Town staff on project requirements.

The organization operates like a cooking show where everybody says "Yes Chef"...but here they all call each other "Chief". The chain of command is indiscernible with the Assistant Chief, Deputy Chief, Deputy Fire Marshal, and Assistant Deputy Chief of this or that. Sure, we celebrate these folks for heroics in emergencies, but the daily interactions with the Development Community are vastly substandard.

The pay scale is the result of a weak Board of Supervisors and County Executive that have been politically funded by the Firefighters' Union.

Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)
---------- Forwarded message ---------
From: Brian Glass <[email protected]>
Date: Mon, Feb 13, 2023 at 4:06 PM
Subject: Re: Mr. Glass, do you intend to respond?
To: Terence J. Szewczyk >
Cc: Jennifer Armer <[email protected]>, Gabrielle Whelan <[email protected]> Good Afternoon Mr. Szewczyk,

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At the advice of counsel, I have no comments on your inaccurate comments and accusations in the email you sent below.

I am sorry that you continue to have a misunderstanding of how the Fire District operates, how the Fire Prevention division is structured, how codes are adopted within the Town of Los Gatos and how the California Public Resources Code 4290 impacts local jurisdictions. You have had multiple opportunities to seek clarification on your specific project and to have relevant questions answered by the Fire Prevention Staff.

In closing, I will not tolerate your unprofessional behavior towards County Fire staff, your false accusations and blatant disregard for the processes that have been put in place and adopted by the Town of Los Gatos.

Be advised this will be the last correspondence I will have with you on items outside of your specific project.

Respectfully,
Brian A. Glass
Assistant Fire Chief
Santa Clara County Fire Department
14700 Winchester Blvd. Los Gatos, CA 95032
From: "Terence J. Szewczyk" < >
To: "Brian Glass" <[email protected]>, "Jennifer Armer" <[email protected]>, "Gabrielle Whelan" <[email protected]> Sent: Wednesday, February 8, 2023 9:17:35 AM
Subject: Mr. Glass, do you intend to respond?
Here are the issues:
1) Fire Marshal incompetence in reviewing Town planning applications. Lack of contractual authority relative to the applicant.
2) Inability to read plans and measure turnarounds for compliance. 3) Unwillingness to spot fire hydrants unless submitted through Town Staff Tech Review process which takes a month to schedule, resulting in hit-or-miss reviews. 4) Questionable application of PRC 4290 to existing roads and malfeasant behavior to disregard the Board of Supervisors directive to discontinue unlawful Fire Marshal Appeal Hearings by doing so in Los Gatos.
5) A history of unqualified employees working without the supervision of a properly qualified Fire Marshal and no specific qualified Fire Marshal identified pursuant to CA Law.

The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.

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6) Lack of field visits to project sites.
7) Lack of written notification to Town pursuant to contract at time of adoption of April 2021 upsizing of fire turnaround comparable to Town's 7-11 parking lot. 8) Lack of written notification to Town pursuant to 1970 contract with Town on change in standards for enforcement of PRC 4290.
9) Lack of institutional knowledge regarding the Los Gatos Hillside Specific Plan for emergency access road connections and the 45-year legacy of road design refinements. 10) Just who is it at the CAL FIRE Morgan Hill location that is responsible for policy?

As per the 1970 contract with the Town there are remedies for these problems. I can certainly wait to hear from you until Feb 10, 2023. I simply need to know that you intend to reply.

None of your subordinates care to reply and none of the management above you at County Executive or County Counsel seem to have anything to say.

Historically, over the past 15 years, we have been through this before with Chief Lopes & Dirk Mattern and then John Justice & Julie Linney. Nothing seems to improve.

Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)

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From: Terence J. Szewczyk
Sent: Thursday, September 7, 2023 2:30 PM
To: Terence J. Szewczyk
Cc: Gabrielle Whelan <[email protected]>; Jennifer Armer <[email protected]> Subject: FOR OCT 3 , 2023 Re: Findings for recent Fire Dept Alt Means [EXTERNAL SENDER]
Dear Ms. Whelan:

In my opinion, the findings made by the Planning Commission of AMMR appeals are inadequate to satisfy the same practical effect. There was no evaluation by PC that fire safety would be enhanced or at least maintained at the current level. It is obvious that the Town can be found liable if the next-door neighbor is damaged by this special privilege afforded to the applicant. "Will there be an increase in combustible building materials within the neighborhood with the construction of a new residence?" The obvious conclusion is yes. To say that it is unconstitutional for the applicant to meet the minimum standards of the fire code is wrong. It doesn't solve the code deficiency. The City of Oakland requires an explicit indemnification from the applicant that is recorded last Alameda County.
https://www.oaklandca.gov/services/apply-for-an-alternate-methods-request The real problem is that County Counsel representing the Fire Dept is probably expert in harassment claims but is not very good on code issues. The Fire Marshal Staff through SCCFD are poorly trained and poorly qualified to enforce PRC 4290. Oh and by the way,there is no active "County Fire Marshal Association" collaborates to standardize codes and services between the various cities. The most troubling thing is that the County Fire Marshal at 70 W.

Hedding Street uses different road widths and fire turnarounds than SCCFD on Winchester------- --------and yet they are the same organization!
Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)
On Thu, Aug 24, 2023 at 1:56 PM Terence J. Szewczyk wrote:
yeah, thanks for the daily civics lesson
Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)
On Thu, Aug 24, 2023 at 1:49 PM Gabrielle Whelan <[email protected]> wrote:

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Hello. The legal authority for a “takings” determination is found in the 5th and 14th Amendments to the U.S. Constitution.

Gabrielle Whelan ● Town Attorney
Town Attorney’s Office ● 110 E Main Street, Los Gatos, CA 95030 Desk: 408.354.6818 ● [email protected]
www.losgatosca.gov ● https://www.facebook.com/losgatosca From: Jennifer Armer <[email protected]>
Sent: Wednesday, August 23, 2023 12:16 PM
To: Terence J. Szewczyk < >
Cc: Gabrielle Whelan <[email protected]>
Subject: RE: Findings for 144 Wood Road

Good Afternoon Terry,

By way of this email I am sharing your question with the Town Attorney. My understanding is that the appeal process is laid out in the State regulations, and the Planning Commission is authorized to hear appeals of SCCFD denials of exception requests because they are the hearing body that considers appeals of DRC level decisions.

Sincerely,
Jennifer
Jennifer T.C. Armer, AICP ● Planning Manager
Community Development Department ● 110 E. Main Street, Los Gatos CA 95030 Ph: 408.399.5706 ● [email protected]
www.losgatosca.gov ● https://www.facebook.com/losgatosca

General Plan update, learn more at https://www.losgatosca.gov/GeneralPlan

Housing Element update, learn more at www.losgatosca.gov/HousingElement

COMMUNITY DEVELOPMENT HOURS:

Counter Hours: 8:00 AM – 1:00 PM, Monday – Friday

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Phone Hours: 8:00 AM – 5:00 PM, Monday – Friday
All permit submittals are to be done online via our Citizen’s Portal platform. All other services can be completed at the counter. For more information on permit submittal, resubmittal, and issuance, please visit the Building and Planning webpages.

This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.
Think Green, please consider the environment before printing this e-mail.

From: Terence J. Szewczyk
Sent: Wednesday, August 23, 2023 9:39 AM
To: Jennifer Armer <[email protected]>
Subject: Re: Findings for 144 Wood Road

[EXTERNAL SENDER]
While this is a nice statement, does the Town have a code or law reference to back it up? I am actively trying to work through this information so that it doesn't happen to my projects.

Believe it or not, I too have a duty to respect the law.

Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)

On Tue, Aug 22, 2023 at 10:29 PM Terence J. Szewczyk > wrote:

Jennifer, Because your director and attorney are weak, this entire process for findings of equivalency is unsupported by factual standards. These are not findings at all.

Instead, they are indecisive and misleading statements that would not be needed if the Town had adequately dealt with the SCCFD management more than a year ago.

Were I a neighbor up there, I would feel that the Town faked the equivalency and put me at risk of fire damage. Then if and when there is a calamity, the Town will be liable, just like in Maui.

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The lack of leadership here created this bogus process with fake findings, putting us all at risk.

I am waiting for the Town to do the right thing......................still.

This is rather disturbing that the Town feels this process is acceptable.

Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)

On Tue, Aug 22, 2023 at 3:25 PM Terence J. Szewczyk < > wrote:

I was talking about the Cypress debacle, I'll find it
Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)

On Thu, Aug 17, 2023 at 4:33 PM Jennifer Armer <[email protected]> wrote:

Hi Terry,

If you are interested in more details of the findings made for the appeal of the SCCFD determination on the project at 144 Wood Road, you can find the Planning Commission Staff Report, Minutes, and Video for the March 8, 2023, meeting online here: https://losgatos-ca.municodemeetings.com/

General Plan update, learn more at https://www.losgatosca.gov/GeneralPlan

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Housing Element update, learn more at www.losgatosca.gov/HousingElement

COMMUNITY DEVELOPMENT HOURS:

Counter Hours: 8:00 AM – 1:00 PM, Monday – Friday
Phone Hours: 8:00 AM – 5:00 PM, Monday – Friday
All permit submittals are to be done online via our Citizen’s Portal platform. All other services can be completed at the counter. For more information on permit submittal, resubmittal, and issuance, please visit the Building and Planning webpages.

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From: Terence J. Szewczyk
Sent: Thursday, September 7, 2023 2:36 PM
To: Rob Rennie <[email protected]>; Maria Ristow <[email protected]>; Laurel Prevetti <[email protected]>; Jennifer Armer <[email protected]> Subject: ......OCT 3, 2023............Fire Marshal Failure--- 14195 Shannon Road- Fire Hydrant Spotting [EXTERNAL SENDER]
Dear Town,
Thanks so much for hiring Nicolle Burnham in PPW. She is doing a great job and is well-qualified.

Unfortunately, the Santa Clara County Fire Marshal is the current goat.

I asked nicely, provided background and historical information and then pleaded with County Fire Marshal for competent service. Finally, I have been downright nasty with these people. The celebrated Chief is inaccessible; unfortunately, the County BOS is the Fire Dept Board-- Wasserman was always politely non-responsive.

There is no recourse by calling Dr. Jeff Smith, Esq. or any of the Deputy County Execs. Emails to the chief of staff for the President of the Board resulted in a reply after 6 weeks of "oh sorry, call Simitian.".

Over 40 years, I have successfully worked with Fire Marshals Will Remly, Ted Gaub, Wayne Hokanson, Dirk Madden, Mac Bala, Julie Linney, Doug Harding..........the past eight years have been challenging with the inconsistent interpretation of standards and adoption of new truck turnarounds the size of the parking lot at 7-11. They never consulted with any City before adoption. Then there is the PRC 4290 fiasco.

If the Town is paying money for the County Fire Marshal to provide project and plan review services, you might want to stop payment. We are all being cheated here and their senior management have salaries in excess of $500,000! Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)
---------- Forwarded message ---------
From: Terence J. Szewczyk < >
Date: Fri, Sep 9, 2022 at 10:35 AM
Subject: 14195 Shannon Road- Fire Hydrant Spotting
To: Terence J. Szewczyk < >
Cc: Jennifer Armer <[email protected]>, Jim Bariteau <[email protected]> Jennifer, This is about the 14195 Shannon Road project. The Fire Dept refuses to interact to confirm the Fire Hydrant locations unless there is a new Staff Tech submittal. Here's the proposed map for you to send to Santa Clara County Fire. If you don't want to do it, I'll have the Mayor take care of it. I am frankly worn out with the Fire Dept incompetence and the Town's inability to extract supportive and interactive Fire Marshal services.PPW is now repaired, and Fire needs to vastly improve The houses will be 4500 SF with 600 SF garages. Because of their own errors and incompetence combined with the false narrative of PRC4290 enforcement, these folks have withdrawn from reasonable collaboration into hiding behind formality.

Best regards, Terry
Terence J. Szewczyk. P.E.

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TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)
Re: 14915 Shannon Road, Los Gatos
Inbox
Rob Campbell <[email protected]>
to Terence, Kenny, Bud, jim
Terry,
It is premature to approve a hydrant spotting plan prior to approval of the subdivision. The proposed new hydran Additionally we need to know the maximum structure size, including covered exterior projections to specify mini formal review.

Thank you,
Rob.

Robert L. Campbell, PE
Sr. Fire Protection Engineer
Santa Clara County Fire Department
[email protected]
408-341-4420
From: "Terence J. Szewczyk" >
To: "Kenny Ip" <[email protected]>, "Rob Campbell" <[email protected]> Cc: "Bud Elam" >, "jim bariteau" <[email protected]> Sent: Friday, June 10, 2022 3:35:52 PM
Subject: Fwd: FW: 14915 Shannon Road, Los Gatos
Kenny & Rob, Here are the hydrants where we'd like them. Thanks Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
(BEST NUMBER)
(RINGS THRU TO CELL)
---------- Forwarded message ---------
From: Jim Bariteau <[email protected]>
Date: Fri, Jun 10, 2022 at 3:29 PM

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Subject: FW: 14915 Shannon Road, Los Gatos
To: Terence J. Szewczyk >
Cc:

Terry
Unfortunately, it is up to you to submit the hydrant spotting plan to the County Fire Department since they have not co information:
https://www.sccfd.org/fire-prevention/fire-prevention-overview Jim
James R. Bariteau | Senior Water Services Representative | San Jose Water Company |1265 S. Bascom Ave 95128 Email: [email protected] | Ph: (408) 279-7874 | Fax: (408) 279-7889 Important Notice: This email may contain confidential or proprietary information belonging to SJW Group or one of its subsidiaries. If you are not the int Please note that the use of confidential or proprietary information when you are not the intended recipient may have legal effects. Nothing in the body of t .

From: Terence J. Szewczyk >
Sent: Friday, 10 June, 2022 3:11 PM
To: Jim Bariteau <[email protected]>
Cc:

Subject: Re: 14915 Shannon Road, Los Gatos
CAUTION: This email originated outside the SJWG organization.

Hi Jim, We just had our first tech review meeting with the Town and I have the fire hydrants spotted for you. We Good luck with the Fire Marshal's Office staff.

Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)
On Fri, Jun 10, 2022 at 2:12 PM Jim Bariteau <[email protected]> wrote:

Ethan
I am following up with you to see if you have submitted the hydrant spotting plan to the Santa Clara County Fire plan so that the proposed main can be appropriately sized to meet the required fire flow indicated in the attache been several months since your last submittal.

Thank you for your assistance.

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Jim
James R. Bariteau | Senior Water Services Representative | San Jose Water Company |1265 S. Bascom Ave 95128 Email: [email protected] | Ph: (408) 279-7874 | Fax: (408) 279-7889 Important Notice: This email may contain confidential or proprietary information belonging to SJW Group or one of its subsidiaries. If you are not the int Please note that the use of confidential or proprietary information when you are not the intended recipient may have legal effects. Nothing in the body of t .

From:

Sent: Monday, 21 March, 2022 3:36 PM
To: Jim Bariteau <[email protected]>
Cc: 'Terence J. Szewczyk' >; 'Sean Mendez-Larranaga' <
Subject: 14915 Shannon Road, Los Gatos
CAUTION: This email originated outside the SJWG organization.

Hello Jim,
Attached is our application for the main extension in Shannon Road for the subdivision along with a transmittal w Thank you and please let us know if you have any further questions, Ethan Franklin
TS/Civil Engineering, Inc.
1776 Technology Drive
San Jose, CA 95110

ReplyReply allForward
On Fri, Sep 9, 2022 at 9:47 AM Terence J. Szewczyk < > wrote:

Jennifer, My complaint is that Fure will not interact unless it is at Staff Tech, which is ineffective.

Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)
On Fri, Sep 9, 2022 at 8:09 AM Jennifer Armer <[email protected]> wrote:

Terry,

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With comments from Santa Clara County Fire Department you have two options. You can revise your proposed plans to respond to their comments, or you can submit a request for an exception through Santa Clara County Fire Department. If you are requesting an exception I recommend you get that process started sooner rather than later so that it does not further delay your planning permit with the Town.

Please note, I changed the title of the email chain to reference 120 Oak Meadow, as that is what your attachments appeared to reference. But let me know if this is incorrect.

General Plan update, learn more at www.losgatos2040.com

Housing Element update, learn more
athttps://engagelosgatoshousing.com

COMMUNITY DEVELOPMENT HOURS:

Counter Hours: 8:00 AM – 1:00 PM, Monday – Friday
Phone Hours: 8:00 AM – 5:00 PM, Monday – Friday
Town offices are now open. In accordance with the Santa Clara County Public Health Office Order, we strongly recommend masks indoors regardless of vaccination status. All permit submittals are to be done online via our Citizen’s Portal platform. All other services can be completed at the counter. For more information on permit submittal, resubmittal, and issuance, please visit the Building and Planning webpages.

From: Terence J. Szewczyk < >
Sent: Thursday, September 8, 2022 5:29 PM
To: Jim Bariteau <[email protected]>; Jennifer Armer <[email protected]>

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Cc: Terence J. Szewczyk < >
Subject: Re: FW: 14915 Shannon Road, Los Gatos

EXTERNAL SENDER
Jim, we'd like to get this also done, but the Fire Dept has higher priorities. I have asked the Town to consider hiring a new Fire Marshal, maybe from San Mateo or Alameda County, because these guys cannot
fulfill their commitment to the Town to provide a competent and timely review. They are busy looking for 20' wide roads under 16% slope and doing the same poor work under an $8 MIL contract with the County of Santa Clara.

The Fire Chief is inaccessible, and the next in command above Rob Campbell is unqualified to do his job.

The County Board of Supervisors is ineffective and Supervisor Wasserman is just bidding his time until January 2023.

I filed a formal complaint with some staff person named David Fernandez in Supervisor Ellenberg's Offcie but he just sat on his hands for 10 weeks and passed me off to Simitian's Office.

You gotta remember that this is the County that kills jail inmates and has no backup power at Valley Med.

Jennifer, Here's your job description again, Maybe you can help us here?

PLANNING MANAGER ESSENTIAL FUNCTIONS STATEMENTS
Essential responsibilities and duties may include, but are not limited to the following: 1.

Studies and reviews applications for zone changes, use permits, planned developments, variances, subdivisions, and architecture and site approval. Prepare or supervise the preparation of reports and recommendations for applications; 2. Meets with and advises property owners and developers on planning matters; 3. Schedules, prepares agendas, and presents items to Planning Commission, Town Council, other boards, commissions, and committees; 4. Coordinates the Planning Division’s activities with other departments of the Town, to assure inter-departmental coordination and communication; Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)
RE: [EXTERNAL] Fwd: 120 Oak Meadow Comment Letters Inbox Fernandez01, David Thu, Aug
18, 4:07
PM
to Terence
Hello,

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So I connected with Supervisor Simitian’s office and they would like me to refer you to them. As you live in District 5, they are the appropriate connection point for your concerns.

Please let me know if you have any further questions. Thank you! Best,
David Vincent Fernandez
Policy Aide, Office of Board Vice President Susan Ellenberg County of Santa Clara, District 4
70 West Hedding, East Wing, 10th Floor
San Jose, CA 95110
(408) 299-5047 [p] | [c] [email protected] From: Terence J. Szewczyk >
Sent: Thursday, August 18, 2022 3:45 PM
To: Fernandez01, David <[email protected]> Cc: Terence J. Szewczyk < >
Subject: Re: [EXTERNAL] Fwd: 120 Oak Meadow Comment Letters David, Well yes it is. However, the Santa Clara County Fire District is governed by the Board of Supes to my knowledge. They also have an $8 MIL contract to provide the staff for the County Fire marshal's Office. They are also very poor in their service these days Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)
On Thu, Aug 18, 2022 at 3:39 PM Fernandez01, David <[email protected]> wrote:

Hi,
Thank you for your patience with my reply. By any chance, can you confirm that address? The address seems to be located in Los Gatos? Is that right? Best,
David Fernandez
From: Terence J. Szewczyk < >
Sent: Monday, August 8, 2022 11:02 AM
To: Fernandez01, David <[email protected]> Subject: [EXTERNAL] Fwd: 120 Oak Meadow Comment Letters Dear David, Did you receive any reply from the Chief? These problems continue with poor service and unprofessional review.

Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc

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1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)
---------- Forwarded message ---------
From: Terence J. Szewczyk <
Date: Tue, May 31, 2022 at 12:36 PM
Subject: Fwd: 120 Oak Meadow Comment Letters
To: Fernandez01, David <[email protected]> David, This is a continuation of my immediately prior email.............this one highlights--- 1) Santa Clara County Fire Marshal services to Los Gatos are incompetent 2) County Fire Marshal contract by Santa Clara County Fire lacks leadership and competency These issues need to be addressed by Chief Suwanna Kurdkaew, but she refuses to reply or delegate to someone accountable.

Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)
---------- Forwarded message ---------
From: Terence J. Szewczyk >
Date: Tue, May 31, 2022 at 11:15 AM
Subject: Re: 120 Oak Meadow Comment Letters
To: <[email protected]>
Cc: <[email protected]>, Rob Campbell <[email protected]> Ms. Lemus, I am awaiting a call still to discuss:
1) Withdrawal and correction of the second fire memo on 120 Oak Meadow Lane (SEE

REDLINE ATTACHED AND PASTED HERE)
2) A discussion of the complete failure in Fire Dept leadership with the County of Santa Clara Fire Dept in the obligation to CFMO. For instance, attached is a Fire Dept memo that is supposed to be an incomplete letter for missing info but it is essentially reciting conditions of approval. I suppose that Fire Personnel are unaware of subdivision processing and the Permit Streamlining Act. Then there's the recent Planning Commission Hearing where no personnel from Fire participated and 3 County Counsel were the "Fire Access Experts".

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Maybe the County of Santa Clara should hire a private consultant for Fire Marshal Services.

Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)
On Fri, May 27, 2022 at 2:30 PM Terence J. Szewczyk < > wrote:

Dear Ms. Lemus, I was supposed to hear from Chief Kerdkaew today, Friday.

Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)

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From: Terence J. Szewczyk
Sent: Monday, September 11, 2023 7:45 AM
To: Jennifer Armer <[email protected]>
Subject: Firing an Inadequate Fire Marshal
[EXTERNAL SENDER]
Jennifer, Do you have enough info? I'd like to do something that is more bullet point for the council.
1) Los Altos Hills hired Pyroanalysis and offered residents the option to skip SCCFD errant review. Also amended their fire code. Date.............
2) County of Santa Clara- the Governing Board of Supervisors of this Fire District ordered them to discontinue the ridiculous Fire Marshal Appeals in Dec 2022. Planning Staff characterized the Fire Marshal requirements as "burdening applicants with improving public and private streets from the firehouse door to the applicant's site". The County Planning Dept now intervenes at the beginning of a land use project to anticipate unconstitutional requirements by Fire. This is in lieu of an 18-month delay for denial by the Fire Marshal and appeal to the County Planning Commission.
3) City of Saratoga adopted a preemptive road policy which states that unilateral widening to 20' pursuant to PRC 4290 has unanticipated environmental and historic impacts. March 2023.

Monte Sereno and Cupertino are missing in action relative to these unlawful requirements as they consider it helpful with their anti-development agendas.

Finally, Brian Glass- Some type of Assistant Chief with a $500,000 salary at SCCFD, or maybe he's the person accountable for the Fire Marshal Performance (nobody knows as the SCCFD has no organization chart) can't respond to me about enforcement inconsistencies and untrained Fire Marshal Clerks. This is not because my complaints were not specific, rather they were expressed in anger and frustration due to the 10-year declining competence of SCCFD staff. He chose to answer none of the questions and instead merely returned my insults.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 10/03/2023
ITEM NO: 10

DESK ITEM
DATE: October 3, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Consider Modifications to the Review Process for Exception Requests to the State Minimum Fire Safe Regulations (Public Resource Code 4290).

REMARKS:

Attachment 5 includes public comment received between 11:01 a.m., Monday, October 2, 2023, and 11:00 a.m., Tuesday, October 3, 2023.

Attachment previously received with the October 3, 2023 Staff Report:

1. Public Resources Code 4290

2. Fire Hazard Severity Zones Map

3. State Minimum Fire Safe Regulations

4. Public Comment
Attachment received with this Desk Item:

5. Public Comment Received Between 11:01 a.m., Monday, October 2, 2023, and 11:00 a.m., Tuesday, October 3, 2023

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1 Subject: FW: October 3, 2023 Town Council Review of Fire Safe Regulations Exception Requests Process Attachments: image003.jpg; image004.png; image002.jpg; image004.png; image002.jpg; image003.jpg; 231002 County Fire issues.pdf
From: Terence J. Szewczyk
Sent: Monday, October 2, 2023 3:16 PM
To: Wendy Wood <[email protected]>
Cc: Jennifer Armer <[email protected]>
Subject: Fwd: October 3, 2023 Town Council Review of Fire Safe Regulations Exception Requests Process [EXTERNAL SENDER]
Hi Wendy‐‐ Desk Item for TC‐‐‐‐ one simple page with highlights and underlining.

Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
ATTACHMENT 5

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Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 10/03/2023
ITEM NO: 11
DATE: September 28, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Rescind Resolution 2023-051 and Adopt a Revised Enabling Resolution for the Diversity, Equity, and Inclusion Commission to Clarify that All Members are Voting Members and that Terms will be Staggered
RECOMMENDATION:

Rescind Resolution 2023-051 and adopt a revised Enabling Resolution (Attachment 1) for the Diversity, Equity, and Inclusion Commission to clarify that all members are voting members and that terms will be staggered.

REMARKS:

On September 19, 2023, the Town Council heard public testimony, deliberated, and voted fourone to establish a Diversity, Equity, and Inclusion Commission by adopting its Enabling Resolution and to direct its recruitment with the annual fall Commission recruitment. Following Council action, staff observed that the adopted Resolution contained clerical errors that did not indicate that all members were voting members and terms would be staggered.

Attachment 1 contains a revised Enabling Resolution that corrects these errors. Attachment 2 contains a redlined version so the changes are more apparent.

COORDINATION:

The preparation of this report was coordinated with the Town Attorney and Town Clerk.

FISCAL IMPACT:

This action has no fiscal impact.

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PAGE 2 OF 2
SUBJECT: Rescind Resolution 2023-051 and Adopt a Revised Enabling Resolution for the Diversity, Equity, and Inclusion Commission to Clarify that All Members are Voting Members and that Terms will be Staggered
DATE: September 28, 2023
ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Revised Enabling Resolution

2. Redline Revised Enabling Resolution

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1 of 4
Draft Resolution Date
DRAFT RESOLUTION 2023-
RESCIND RESOLUTION 2023-051 AND ADOPT A REVISED ENABLING RESOLUTION OF

THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

ESTABLISHING THE DIVERSITY, EQUITY, AND INCLUSION COMMISSION WHEREAS, the Town Council of the Town of Los Gatos does hereby formally establish the Diversity, Equity, and Inclusion Commission (DEIC).

WHEREAS, the Town is working to institutionalize Justice, Equity, Diversity, and Inclusion in the Town’s ethos, the role of DEIC is to support and foster new opportunities for marginalized groups in the Town.

WHEREAS, the DEIC will be committed to Justice, Equity, Diversity, and Inclusion across all sectors within the Town of Los Gatos and the purpose of DEIC is to work to create more equitable opportunities and increase a sense of belonging for all Los Gatos community members and visitors through community engagement and collaborative activities.

NOW, THEREFORE, BE IT RESOLVED:

1. Resolution 2023-051 is rescinded and replaced by this Enabling Resolution.

2. The DEIC is hereby established as an advisory committee to the Los Gatos Town Council and shall operate in the manner hereinafter prescribed.

3. Membership/Organization
a. The Town is seeking a diversity of members that includes but is not limited to:
youth; seniors; Black, Indigenous, and People of Color (BIPOC); Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual (LGBTQIA+); those that are disabled; and religious diversity. The Commission shall consist of eleven (11) members. Membership composition shall be:
i. Two (2) Youth Commissioners as voting members, whose term of office shall be for one (1) year with no limitations on reappointments, appointed by the Youth Commission;
ii. One (1) Arts and Culture Commissioner as a voting member, whose term of office shall be for one (1) year with no limitations on reappointments, appointed by the Arts and Culture Commission; iii. One (1) Community Health and Senior Services Commissioner as a voting member, whose term of office shall be for one (1) year with no limitations on reappointments, appointed by the Community Health and Senior Services Commission;
iv. One (1) Town of Los Gatos business owner and resident as a voting member, whose term of office shall be for three (3) years with a twoterm limit, appointed by the Town Council; ATTACHMENT 1

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Draft Resolution Date
v. One (1) Town of Los Gatos business owner or employee, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council;
vi. One (1) Town of Los Gatos faith leader who leads a congregation in Los Gatos, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council;
vii. One (1) Town of Los Gatos non-profit employee, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council; and
viii. Three (3) Town of Los Gatos residents as voting members, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council.
b. The three-year terms will be staggered.
c. Commission members is expected to report back to the Board, Committee, Commission, or organization the Commissioner represents (i.e., Arts and Culture Commission, faith community, etc.).
d. The Commission shall appoint a Chair and Vice Chair. e. Commission members shall serve without compensation. f. The Commission shall hold regular monthly meetings.
g. The Commission shall establish a regular time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act.
h. Meeting attendance requirements will conform with all current Town Resolutions and Policies.
i. A record of all meeting minutes and resolutions of the Commission shall be kept and shall be a public record.

4. Powers and Duties
a. The duties of DEIC shall be to:
i. Act in an advisory capacity to the Town Council in matters pertaining to creating equitable opportunities and a sense of belonging within Town.

The DEIC’s scope of work may include the following items:

1. Community Based Programming
a. Develop new and promote current programs/events
that foster unity and diversity within the Town.
b. Identify Equity Training opportunities for Town Council, staff, residents, business owners/employees, students,
and/or Commission/community members.
c. Incorporate community feedback into programming and
training.

2. Collaborative Efforts
a. Foster stronger collaborations between current Town
Boards, Commissions, and Committees and communityPage 512 3 of 4
Draft Resolution Date
based organizations to integrate equity practices and
principles.
b. Build relationships with local public and private school systems in order to provide support and resources for
Equity work.
c. Build collaborative processes with other Town Boards, Committees, and Commissions to ensure integration of
Equity practices into the Town community grant
program.

3. Policy Recommendations
a. Make policy recommendations to the Town Council
regarding Justice, Equity, Diversity, Inclusion, and Unity issues.

4. Communications
a. Create a communications campaign centered around
equity education and promotion of Town events.
ii. Not to affect powers of the Town Council. Nothing in this resolution shall be construed as restricting or curtailing any of the powers of the Town Council, or as a delegation to DEIC of any of the authority or discretionary powers vested and imposed by law in such Council.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3
rd day of October 2023 by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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Draft Resolution Date
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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Draft Resolution Date
DRAFT RESOLUTION 2023-
RESCIND RESOLUTION 2023-051 AND ADOPT A REVISED ENABLING RESOLUTION OF

THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

ESTABLISHING THE DIVERSITY, EQUITY, AND INCLUSION COMMISSION WHEREAS, the Town Council of the Town of Los Gatos does hereby formally establish the Diversity, Equity, and Inclusion Commission (DEIC).

NOW, THEREFORE, BE IT RESOLVED:

1. Resolution 2023-051 is rescinded and replaced by this Enabling Resolution.

2. The DEIC is hereby established as an advisory committee to the Los Gatos Town Council and shall operate in the manner hereinafter prescribed.

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Draft Resolution Date
v. One (1) Town of Los Gatos business owners or employees, who may or may not reside in Los Gatos, as a voting members, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council;
vi. One (1) Town of Los Gatos faith leader who leads a congregation in Los Gatos, who may or may but does not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a twoterm limit, appointed by the Town Council; vii. One (1) Town of Los Gatos non-profit employee, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council; and
viii. Three (3) Town of Los Gatos residents as voting members, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council.
b. The three-year terms will be staggered.
c. Commission members is expected to report back to the Board, Committee, Commission, or organization the Commissioner represents (i.e., Arts and Culture Commission, faith community, etc.).
d. The Commission shall appoint a Chair and Vice Chair. e. Commission members shall serve without compensation. f. The Commission shall hold regular monthly meetings.
g. The Commission shall establish a regular time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act.
h. Meeting attendance requirements will conform with all current Town Resolutions and Policies.
i. A record of all meeting minutes and resolutions of the Commission shall be kept and shall be a public record.

The DEIC’s scope of work may include the following items:

2. Collaborative Efforts
a. Foster stronger collaborations between current Town
Boards, Commissions, and Committees and communityPage 516 3 of 4
Draft Resolution Date
based organizations to integrate equity practices and
principles.
b. Build relationships with local public and private school systems in order to provide support and resources for
Equity work.
c. Build collaborative processes with other Town Boards, Committees, and Commissions to ensure integration of
Equity practices into the Town community grant
program.

3. Policy Recommendations
a. Make policy recommendations to the Town Council
regarding Justice, Equity, Diversity, Inclusion, and Unity issues.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3
rd day of October 2023 by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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Draft Resolution Date
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

Page 518 ends

Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 10/03/2023
ITEM NO: 11

DESK ITEM
DATE: October 3, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Rescind Resolution 2023-051 and Adopt a Revised Enabling Resolution for the Diversity, Equity, and Inclusion Commission to Clarify that All Members are Voting Members and that Terms will be Staggered
REMARKS:

Attachment 3 includes public comment received between 11:01 a.m., Monday, October 2, 2023, and 11:00 a.m., Tuesday, October 3, 2023.

Attachment previously received with the October 3, 2023 Staff Report:

1. Revised Enabling Resolution

2. Redline Revised Enabling Resolution
Attachment received with this Desk Item:

3. Public Comment Received Between 11:01 a.m., Monday, October 2, 2023, and 11:00 a.m., Tuesday, October 3, 2023

Page 519 ends

From:

To: Clerk
Cc:

Subject: Comments for Item 11
Date: Monday, October 2, 2023 1:36:16 PM
[EXTERNAL SENDER]
Diversity, Equity, and Inclusion initiatives have been popular among governments and institutions in the past decade or so. Our institutions are being taken over by this poisonous mentality which promotes a narrative in which exists only oppressors and victims. Collective victimhood, which is promoted by these DEI programs sets people up to feel like they can never succeed BECAUSE of immutable characteristics. Furthermore, experts who study this trend have not found any evidence that they actually work. "A Harvard professor analyzed studies of them and says, “Sadly enough, I did not find one single study which found that diversity training leads to more diversity.”” (https://www.ocregister.com/2023/03/22/johnstossel-diversity-equity-and-inclusion-trainings-are-just-scams/) It’s not that Los Gatos doesn’t have a problem. All three of my children have been personally targeted due their religion, starting in middle school. I’d like to find an effective solution but I don’t think this is the one. I also don’t think we have the budget or human capital to spend on consultants or commissions on this matter when the town has other, more pressing needs.

Is there any path to getting this decision reversed?
If we do go through with adopting a new enabling resolution, please consider adopting a portion or all of a more inclusive definition and mission. Include diversity of viewpoint as one of the goals of the new commission. Consider adopting a pro-human approach similar to the one promoted by FAIR (fairforall.org)
FAIR believes that diversity, equity, and inclusion are laudable goals for any institution, as they increase a sense of belonging and allow each individual to bring their personality, background, and perspectives to the table. FAIR uses the commonly understood meanings of these words: “Diversity” refers to the existence of unique individuals with different experiences. “Equity” refers to the quality of being fair and impartial. “Inclusion” refers to welcoming diverse people and viewpoints and making all people feel a sense of belonging, regardless of their immutable traits. FAIR recognizes and understands that others may use these terms differently, but we do not cede the values they are intended to represent. Institutions benefit from prohuman efforts at diversity, equity, and inclusion because they allow individuals to see themselves and others as full human beings instead of representatives of identity groups.

To address the specific revised enabling resolution that you are considering:

The resolution states that "the role of DEIC is to support and foster new opportunities for marginalized groups in the Town.” How are “marginalized groups” defined and who ATTACHMENT 3 Page 520
defines them? Will “new opportunities” solve the problem that you believe exists in our Town?
As far as membership is concerned: “The Town is seeking a diversity of members….” and then the Commission is limited to 11 members. Who’s to say that 11 members is the right number? Ironically, the Commission by definition is not diverse. It includes certain groups and excludes others. What about diversity of….place of birth, viewpoint, lifestyle, weight, renter vs. homeowner, etc.?
How is the effectiveness of the DEIC to be measured?
I am passionately opposed to DEI as it is commonly implemented.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 10/03/2023
ITEM NO: 12
DATE: September 28, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution to Deny an Appeal of a Planning Commission Decision to Approve the Demolition of One Existing Office and Four Residential Buildings, Construction of an Assisted Living and Memory Care Facility, Variance from the Maximum Height and Lot Coverage of the Zone, Merger of Four Lots into One, and Removal of Large Protected Trees on Property Zoned Office.

Located at 15860 -15894 Winchester Boulevard and 17484 Shelburne Way.

APNs 529-11-013, -038, -039, and -040. Architecture and Site Application S21-008, Conditional Use Permit Application U-21-010, Variance Application V21-003, Subdivision Application M-22-008, and Mitigated Negative Declaration ND-22-001. An Initial Study and Mitigated Negative Declaration Have Been Prepared for This Project. Applicant/Property Owner: Green Valley Corp. d.b.a. Swenson. Appellant: Eric Hulser. Project Planner: Jennifer Armer.

RECOMMENDATION:

Adopt a resolution to deny an appeal of a Planning Commission decision to approve the demolition of one existing office and four residential buildings, construction of an assisted living and memory care facility, variance from the maximum height and lot coverage of the zone, merger of four lots into one, and removal of large protected trees on property zoned Office.

DISCUSSION:

On September 19, 2023, Town Council held a public hearing on the appeal, and voted three to two that it was unable to make the findings required to grant an appeal of a decision of the Planning Commission, in accordance with Town Code Section 29.20.275.

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PAGE 2 OF 2
SUBJECT: 15860-15894 Winchester Boulevard and 17484 Shelburne Way/S-21-008, U-21- 010, V-21-003, M-22-008, and ND-22-001
DATE: September 28, 2023
DISCUSSION (continued):

Because the motion to deny the appeal did not specifically reference the resolution, this item is a procedural matter to ensure a clear record. The public hearing is closed and the public is welcome to comment only on the resolution. An updated resolution based on the Town Council’s decision is provided as Attachment 1.

Public comment received after the public hearing and before 11 a.m. on September 28, 2023, is included in Attachment 2.

Attachments:

1. Revised Resolution to Deny the Appeal and Uphold the Planning Commission Decision

2. Public Comment

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ATTACHMENT 1
RESOLUTION 2023-___

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE THE

DEMOLITION OF ONE EXISTING OFFICE AND FOUR RESIDENTIAL BUILDINGS,

CONSTRUCTION OF AN ASSISTED LIVING AND MEMORY CARE FACILITY,

VARIANCE FROM THE MAXIMUM HEIGHT AND LOT COVERAGE OF THE ZONE,

MERGER OF FOUR LOTS INTO ONE, AND REMOVAL OF LARGE PROTECTED TREES ON PROPERTY ZONED O.

APNs 529-11-013, -038, -039, and -040
ARCHITECTURE AND SITE APPLICATION S-21-008,
CONDITIONAL USE PERMIT APPLICATION U-21-010,
VARIANCE APPLICATION V-21-003,
SUBDIVISION APPLICATION M-22-008, AND
MITIGATED NEGATIVE DECLARATION ND-22-001.

PROPERTY LOCATION: 15860-15894 WINCHESTER BOULEVARD
AND 17484 SHELBURNE WAY
APPLICANT/PROPERTY OWNER: GREEN VALLEY CORP. D.B.A. SWENSON APPELLANT: ERIC HULSER
WHEREAS, on August 9, 2023, the Planning Commission held a duly-noticed public hearing and considered a request for demolition of one existing office and four residential buildings, construction of an assisted living and memory care facility, variance from the maximum height and lot coverage of the zone, merger of four lots into one, and removal of large protected trees on property zoned O (Proposed Project); and
WHEREAS, on August 9, 2023, the Planning Commission approved the Proposed Project with additional conditions to reduce the building height and plant evergreen trees along the south property line; and
WHEREAS, the facts in the record support the findings; and WHEREAS, on August 21, 2023, the appellant, an interested person, filed a timely appeal of the decision of the Planning Commission approving the Proposed Project; and WHEREAS, this matter came before the Town Council for public hearing on September 19, 2023, and was regularly noticed in conformance with State and Town law; and WHEREAS, the Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Draft Resolution to
be modified by Town
Council deliberations
and direction.

Page 524 ends

Commission proceedings and the packet of material contained in the Council Agenda Report for their meeting on September 19, 2023, along with any and all subsequent reports and materials prepared concerning this application; and
WHEREAS, the Town Council was unable to make the findings required to grant an appeal of a decision of the Planning Commission, in accordance with Town Code section

29.20.275, with the Town Council finding the following:

1. There was not an error or abuse of discretion by the Planning Commission; and

2. The Planning Commission decision is supported by substantial evidence in the record.

WHEREAS, on September 19, 2023, the Town Council voted 3-2 (Council Member Hudes and Vice Mayor Badame voted no) to deny the appeal of the Planning Commission decision to approve the demolition of one existing office and four residential buildings, construction of an assisted living and memory care facility, variance from the maximum height and lot coverage of the zone, merger of four lots into one, and removal of large protected trees on property zoned Office.

NOW, THEREFORE, BE IT RESOLVED:

1. The appeal of the decision of the Planning Commission decision to approve the Proposed Project, including the conditions added in the Planning Commission’s decision requiring the height reduction and planning of evergreen trees are upheld.

2. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law.

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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3
rd day of October 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: ___________________

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From: Bryan Mekechuk
Sent: Friday, September 22, 2023 10:34:29 AM
To: Maria Ristow <[email protected]>
Subject: 15860 Winchester Boulevard - High Pressure Natural Gas Pipeline [EXTERNAL SENDER]
Hi Maria,
Just following up from the denial of the appeal on Tuesday.

During my testimony and questioning, I mentioned that I received a brochure that was sent to elected officials regarding pipelines in their jurisdictions. Attached is a photo of the cover of that brochure. Since I received this brochure as an elected official in Monte Sereno, I would expect that you would have received the same brochure.

The high pressure natural gas transmission line is the only such pipeline serving Los Gatos. All other natural gas lines in Los Gatos are lower pressure distribution lines.

Page 5 ends

Property Development”. In particular, the brochure warns readers that, “Changes to the topography on either side of a pipeline may impose unacceptable stresses on the pipeline.” This is the issue that I raised regarding the excavation of the underground garage for the building, and that the excavation will go beyond the actual building footprint.

On the right side of page 5 there are decisions highlighted that elected officials should consider that may impact the safety of the community surrounding the pipeline. Please review these.

Finally, at the bottom of the page is “Identified Sites”. There are three conditions stated, of which the proposed development meets all three. The most restrictive condition, item (c) states, “A facility that is occupied by persons who are confined, are of impaired mobility, or would be difficult to evacuate.

Examples of such a facility are hospitals, schools, elder care, assisted living/nursing facilities, prisons, and child daycares.”
Clearly, the proposed assisted living/memory care facility would be exceedingly difficult to evacuate in the event of an emergency. The more rooms on the same footprint (higher density) will make any evacuation take more time, and require more nursing effort than if there were fewer rooms on the same footprint.

The inherent dangers of allowing a large building to be constructed on the site immediately adjacent to the only high pressure natural gas transmission line serving Los Gatos were brought to Town Council’s attention during the public hearing. Town Council could have required mitigating factors, such as decreasing the density of the occupants (removing a floor) and increasing the setback against Winchester Boulevard yet those items were not considered in denying the appeal or sending the application back to the Planning Commission.

Town Council went beyond the approval of the proposed development and allowed a variance to increase the height of the building that allowed the developer to increase the number of units in the building. The presence of the high pressure natural gas transmission line should have been a condition ATTACHMENT 2

Page 528 ends

that required an increase in the setback and lower density of units. Given the risks related by the high pressure natural gas transmission line, allowing the variance was reckless.

As a resident across the street from the approved development, I am deeply troubled by the increased danger resulting from denying the appeal and approving the development.

Bryan
--
Bryan Mekechuk
call or text

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From: Case Swenson
Sent: Tuesday, September 26, 2023 9:57 AM
To: Jennifer Armer <[email protected]>; Maria Ristow <[email protected]>; Mary Badame <[email protected]>; Matthew Hudes <[email protected]>; Rob Moore <[email protected]>; Rob Rennie <[email protected]> Subject: 15860 Winchester Blvd., Los Gatos
[EXTERNAL SENDER]
Dear Mrrs. Maria Ristow, Mary Badame, Matthew Hudes, Rob Moore, Rob Rennie and Jennifer Armer; Please accept my sincerest gratitude for your approval of the assisted living/memory care facility at 15860 Winchester Boulevard.

I acknowledge that was not an easy decision and appreciate your strong political fortitude when weighing the voice of the dissenting neighbors with the future of Los Gatos.

As a Los Gatos resident, my family and I also experience the impact new developments have on our town. We worked hard to breathe some life into that area of Winchester Blvd., while not impacting schools, traffic, foot traffic along Winchester, views, and the surrounding trees. Housing our aging population is important work, and your approval of our project will help many families.

For those of you that did not vote to approve the project, we hear and understand your concerns, and appreciate your careful consideration of the project. We will try to incorporate your valuable feedback where possible.

Thank you,
Case Swenson
--
Case Swenson
SWENSON | 777 N 1st Street, 5th Floor | San Jose, CA 95112 (W) |

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TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 10/03/2023
ITEM NO: 12

ADDENDUM
DATE: October 2, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution to Deny an Appeal of a Planning Commission Decision to Approve the Demolition of One Existing Office and Four Residential Buildings, Construction of an Assisted Living and Memory Care Facility, Variance from the Maximum Height and Lot Coverage of the Zone, Merger of Four Lots into One, and Removal of Large Protected Trees on Property Zoned Office. Located at 15860 -15894 Winchester Boulevard and 17484 Shelburne Way. APNs 529-11- 013, -038, -039, and -040. Architecture and Site Application S-21-008, Conditional Use Permit Application U-21-010, Variance Application V-21-003, Subdivision Application M-22-008, and Mitigated Negative Declaration ND-22- 001. An Initial Study and Mitigated Negative Declaration Have Been Prepared for This Project. Applicant/Property Owner: Green Valley Corp. d.b.a. Swenson.

Appellant: Eric Hulser. Project Planner: Jennifer Armer.

REMARKS:

Attachment 3 includes public comment received between 11:01 a.m., Thursday, September 28, 2023, and 11:00 a.m., Monday, October 2, 2023.

ATTACHMENTS:

Attachments previously received with the October 3, 2023 Staff Report:

1. Revised Resolution to Deny the Appeal and Uphold the Planning Commission Decision

2. Public Comment
Attachments received with this Addendum:

3. Public Comment received between 11:01 a.m., Thursday, September 28, 2023, and 11:00 a.m., Monday, October 2, 2023

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Dear Commissioners,
A couple of facts have arisen since the Town Hearing a couple weeks ago around the development project at 15860 Winchester Boulevard and I urge the council members who voted in support of the project reconsider, rescind their votes, and bring this matter back for debate in light of new information:
• After the hearing, the members of the council and the neighboring town received a pamphlet from PG&E discussing the high pressure natural gas transmission line that runs adjacent to this property.

This matter was raised with both the Planning Commission and Town Council but I do not believe it was given due consideration. The pamphlet states, specifically with regards to Planning, Zoning and Property Development that “it is crucial to coordinate with pipeline companies to take the location of pipelines into consideration in land use plans.” This has not been done for this development. It further states “the goal of PIPA is to reduce risks and improve safety of affected communities” and specifically calls out the required identification of “a facility that is occupied by persons who are confined, are of impaired mobility, or would be difficult to evacuate. Examples of such a facility are hospitals, schools, elder care, assisted living / nursing facilities, prisons and child daycares.” I urge the council to take this matter seriously and not make a reckless decision based on simple desire to see this project through. The explosion that occurred in San Bruno in 2010 from one of these pipelines killed eight individuals and destroyed dozens of homes - we, the neighbors, are the people who will be put at risk if something tragic occurs in the pursuit of an unjustifiably massive development project directly on this pipeline.
• During the hearing, council member Rob Moore failed to disclose his relationship with one of the members of the Planning Commission. I believe this creates a direct conflict of interest and withholding that information was disingenuous to the public and he should have recused himself from the hearing.

I thank council members Mary Badame and Matthew Hudes for their support of the appeal. I believe they were very judicious in their arguments and justifications as to why they supported the appeal, and I strongly urge the other council members to reconsider their vote and bring this matter back for debate in light of these new points of evidence.

Thank you,
Eric Hulser
.

ATTACHMENT 3

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Dear Los Gatos Town Council,
My name is Ashley Abercrombie Hulser, I am a homeowner at , next to the proposed development project at 15860 Winchester Blvd. My husband, Eric Hulser filed the appeal for this project that was voted upon during the last Town Council hearing.

I am writing in the hopes that the members who voted against the appeal use this opportunity to reconsider their vote and call this matter back for debate.

This decision did not received unanimous support at any level, and I thank the two members who voted in support of the appeal. Both Mary Madame and Matthew Hudes have prior experience serving as Planning Commissioner and as such have considerable experience in these matters, provided sound justifications based on the requirements for this project, and yet were not in the majority losing out to popular opinion and sentiment over sound reason for this development. I find it very unfortunate their voices did not carry more weight in that debate.

The evidence provided in the Appeal stated that the site is not the limiting factor to justify the variances. There seemed to be little refute to that statement, in fact the site itself seemed to be barely discussed. It is still unclear under what grounds the findings were met and that this project did not receive special privileges - the arguments used in favor of the project are due to its aesthetics, a desire to not have the project “go away”, and a desire for more housing units.

In fact, due to the slope the site seems to provide the perfect cover for the project as it continually is referred to as a two and three story project based on the Winchester Boulevard vantage point, despite the fact that the majority of this project sits behind it as a three to four story project. None of these arguments however justify why the site is the problem as required by Town Code, all of the arguments seem to be granting special privileges to the Applicant.

One particularly glaring comment, Council Member Rob Rennie stated the “50 feet height does not bother me” since it was toward the back of the building, away from Winchester - as though the height requirement is based on how bothersome it is. The height requirements are very explicit to be measured at every point of the building, to the lower of the natural or finished grade. There was not a single point raised in either the Planning Commission hearing or the Town Council hearing that was able to definitively refute the points raised in the appeal that the site justified the project plans and zoning variances. All of the arguments were around the desire for the development to continue for either housing units or in fear of the project being killed, in spite of the town code.

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My home is setback from Winchester just as far as this property - would I be allowed to put a third story on my home so that I can once again see the skyline next door once this project is completed? The view from my daughter’s bedroom will be replaced from sky with a view into a neighbors bedroom. If I put in project plans for a taller building so that my daughters can have sunlight in their bedrooms again, would I be approved to make my building 50 feet high? It is as far away from Winchester Boulevard as my neighbors will now be, it similarly should not be bothersome to anyone. If I am not allowed to do this, how is it not granting a special privilege to the Applicant? We should all be beholden to the same zoning laws. That is what is fair, that is what is right.

When I bought my home in 2019, we did so knowing the 30,000 square foot Office that was going to be built next door. We knew the zoning requirements and we knew the zoning for that property. Every decision, variance and conditional use permit that is being granted by the Town to the Applicant is resulting in their financial gain in direct opposition to the financial loss the neighbors and community of Los Gatos will incur.

Since we are still confused on how this can be, we would very much appreciate hearing from the Town Attorney at tomorrow’s hearing to explain what justifications are required to make such a finding to justify these variances and how this does not constitute special privileges per our town code so that I may better understand for the future.

Thank you,
Ashley Abercrombie Hulser
.

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DESK ITEM

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
DATE: October 3, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution to Deny an Appeal of a Planning Commission Decision to Approve the Demolition of One Existing Office and Four Residential Buildings, Construction of an Assisted Living and Memory Care Facility, Variance from the Maximum Height and Lot Coverage of the Zone, Merger of Four Lots into One, and Removal of Large Protected Trees on Property Zoned Office. Located at 15860 -15894 Winchester Boulevard and 17484 Shelburne Way. APNs 529-11- 013, -038, -039, and -040. Architecture and Site Application S-21-008, Conditional Use Permit Application U-21-010, Variance Application V-21-003, Subdivision Application M-22-008, and Mitigated Negative Declaration ND-22- 001. An Initial Study and Mitigated Negative Declaration Have Been Prepared for This Project. Applicant/Property Owner: Green Valley Corp. d.b.a. Swenson.

Appellant: Eric Hulser. Project Planner: Jennifer Armer.

REMARKS:

Attachment 4 includes public comment received between 11:01 a.m., Monday, October 2, 2023, and 11:00 a.m., Tuesday, October 3, 2023.

ATTACHMENTS:

Attachments previously received with the October 3, 2023 Staff Report:

1. Revised Resolution to Deny the Appeal and Uphold the Planning Commission Decision

2. Public Comment
Attachments received with the Addendum:

3. Public Comment received between 11:01 a.m., Thursday, September 28, 2023, and 11:00 a.m., Monday, October 2, 2023

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PAGE 2 OF 2
SUBJECT: 15860-15894 Winchester Boulevard and 17484 Shelburne Way/S-21-008, U-21- 010, V-21-003, M-22-008, and ND-22-001
DATE: September 28, 2023
Attachment received with this Desk Item:

4. Public Comment received between 11:01 a.m., Monday, October 2, 2023, and 11:00 a.m., Tuesday, October 3, 2023

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PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Town Attorney, Assistant Town Manager, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
MEETING DATE: 10/03/2023
ITEM NO: 13

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
DATE: September 28, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss the Housing Element Work Plan
REMARKS:

This item, previously agendized for September 19, 2023, was rescheduled to October 3, 2023, because of lack of time at that meeting. For convenience, a copy of the staff report, addendum, and desk item for the September 19th meeting are provided as Attachments to this report.

ATTACHMENTS:

1. September 19, 2023 Town Council Staff Report with Attachment

2. September 19, 2023 Town Council Addendum with Attachment

3. September 19, 2023 Town Council Desk Item with Attachment

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COUNCIL AGENDA REPORT
DATE: September 14, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss the Housing Element Work Plan.

RECOMMENDATION:

Discuss the Housing Element work plan.

BACKGROUND:

At the September 5, 2023 Town Council meeting, two Council Members requested that the Housing Element work plan be added as an agenda item on the next possible Town Council meeting. The Mayor scheduled this discussion for September 19, 2023.

DISCUSSION:

A. Earlier Town Council Discussion on August 15, 2023
On August 15, 2023, in response to a previous request from two Council Members, the Council discussed the Housing Element work plan under Agenda Item 15. The deliberation included a series of motions as described in the meeting minutes (Attachment 1).

B. Council Member Requests from September 5, 2023 Town Council Meeting At the September 5, 2023 Town Council meeting, Council Member Hudes requested an opportunity to provide direction to Town staff and the Town Council’s advisory bodies such as the Housing Element Advisory Board (HEAB).

In addition, the following information was requested:

ATTACHMENT 1

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PAGE 2 OF 3
SUBJECT: Housing Element Work Plan
DATE: September 14, 2023
DISCUSSION (continued):
1) What is the proposed plan to obtain certification from the State Department of Housing and Community Development (HCD) of the Town’s Housing Element by the “January 31, 2024, deadline for the Housing Element certification”?
2) Discuss the interactions between the Town and HCD.
3) Could the Town’s Housing Element consultant attend future Housing Element Advisory Board, Planning Commission, or Town Council meetings?
With regard to request #1, the work plan was provided as Attachment 3 to the August 15, 2023 Town Council Staff Report.

Request #1 also referenced a January 31, 2024, deadline for certification. Per State law, there was a January 31, 2023, deadline for adoption of the Housing Element. While there is no deadline in State law for HCD certification of the Housing Element, staff is working to get the Housing Element certified as soon as possible. As stated in the August 15, 2023 Town Council staff report, there is a January 31, 2024 deadline for the Town to rezone the parcels identified in its Sites Inventory. Staff brought those proposed rezonings to the Planning Commission on September 13, 2023, and they are scheduled for Town Council consideration on October 3, 2023.

Regarding request #2, staff and the consultant met with HCD on September 5, 2023. One outcome of the meeting was HCD’s positive response to the consultant’s analytical approach to demonstrate that the sites identified in the Town’s Sites Inventory have a realistic possibility of being redeveloped. Specifically, the analytical approach consists of documenting that the sites identified in the Town’s Sites Inventory are similar to sites for which the Town has received planning applications. The analysis identifies characteristics that are common to both sites in the Sites Inventory and sites for which the Town has received planning applications. The characteristics of each site include:
1) Size;
2) Age of the structure(s);
3) Number of stories for each structure; and
4) Value of improvements versus land value.

With regard to request #3, staff does not recommend revising the Housing Element consultant’s contract to require that the consultant attend Town meetings. It is vital that the consultant focus on obtaining HCD’s certification of the Town’s Housing Element by completing the necessary work to address all of HCD comments in its May letter to the Town. Staff provided the Town Council with the consultant’s proposed methodology to obtain HCD certification as Attachment 3 to the August 15, 2023 Town Council staff report.

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PAGE 3 OF 3
SUBJECT: Housing Element Work Plan
DATE: September 14, 2023
DISCUSSION (continued):

The consultant’s Site Inventory analysis and justification are expected to be part of the staff report packet for the next HEAB meeting on September 28, 2023. The current goal is to provide the HEAB the required edits to the Housing Element, as well as an updated list of the HCD comments and completed responses.

PUBLIC COMMENTS:

At the time of this report’s preparation, the Town has not received any public comments.

Public comments are encouraged throughout the Housing Element update process and can be emailed to [email protected].

CONCLUSION:

Staff looks forward to the Town Council’s discussion.

COORDINATION:

The Community Development Department coordinated with the offices of the Town Attorney and Town Manager in the preparation of this report.

ATTACHMENTS:

Attachments previously received with the August 15, 2023 Staff Report:

1. Housing Element Update Timeline

2. Zoning and General Plan Amendments Timeline

3. Veronica Tam and Associates Proposal

4. Questions from the Vice Mayor

5. Public Comment received before 11:00 a.m. on August 10, 2023 Attachment previously received with the August 15, 2023 Addendum A:

None
Attachment previously received with the August 15, 2023 Addendum B:

6. Public Comment received between 11:01 a.m., August 11, 2023, and 11:00 a.m., August 14, 2023
Attachment received with this Staff Report:

7. August 15, 2023 Town Council Meeting Minutes

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
Minutes of the Town Council Meeting
Tuesday, August 15, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in person and utilizing teleconferencing means on Tuesday, August 15, 2023, at 7:00 p.m.

MEETING CALLED TO ORDER AT 7:06 P.M.

ROLL CALL

Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie (participating remotely under the Brown Act).

Absent: None

PLEDGE OF ALLEGIANCE
Jay Magullari led the Pledge of Allegiance. The audience was invited to participate.

COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Hudes stated he met with the Chair of the Community Health and Senior Services Commission (CHSSC), the Friends of Seniors in Los Gatos Foundation, the board Chair and the Director of New Museum Los Gatos (NUMU), and the Director of the Live Oak Nutrition Program.
- Vice Mayor Badame stated she attended Music in the Park, a Conceptual Development Advisory Committee meeting with Mayor Ristow, and a San Jose Spotlight news event. - Council Member Moore stated he attended the San Jose Spotlight news event, Assembly Member Gail Pellerin’s Paws and Policy event, and Music in the Park; hosted a Council Member Community Coffee; met with Los Gatos High School Graduates; and attended a Planning Commission Meeting.
- Council Member Rennie stated he met with a board member and the Director of NUMU; and attended a Valley Transportation Authority (VTA) Policy Advisory Committee (PAC) meeting and a Silicon Valley Clean Energy Authority Board meeting. - Mayor Ristow stated that August 25 is Ukrainian Independence Day; met with residents on a number of different topics; joined the Los Gatos Beautification Committee to cleanup Parking Lot 6; attended a VTA a Transit-Oriented Development meeting, a Conceptual Development Advisory Committee meeting, both parking meetings hosted by the Chamber of Commerce, a ribbon cutting for Dry Walk Hair Salon, a Regional Housing Bond Symposium, and a Santa Clara County Mayors meeting in Mountain View to tour a safe parking location for the unhoused; gave a reminder that school is starting and encouraged everyone to work together to get to their destinations safely and effectively.

ATTACHMENT 7

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PAGE 2 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Manager Matters
- Announced the Housing Element sites and Zoning changes will be discussed at a Planning Commission meeting on August 23 at 7:00 p.m. and invited the public to attend. - Announced a Housing Element Advisory Board special meeting will be held on August 24 at 7:00 p.m. to discuss housing element revisions and invited the public to attend. - Announced the Town is taking applications for its Leadership Los Gatos program. - Announced a Joint Planning Commission and Town Council meeting regarding SB 330 is scheduled for September 12 at 7:00 p.m. in the Town Council Chambers.

CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)

1. Approve Closed Session Council Meeting Minutes of August 1, 2023.

2. Approve Council Meeting Minutes of August 1, 2023.

3. Adopt a Resolution to Extend the Term of the Housing Element Advisory Board.

4. Authorize the Town Manager to Execute the Third Amendment to the Consulting Services Agreement with ActiveWayz Engineering for Additional Engineering Services in an Amount of $80,224, Resulting in a Total Agreement Amount Not to Exceed $276,933, for the Shannon Road Pedestrian and Bikeways Improvement Project (CIP No. 813- 0218).

5. Consider the Following Actions Regarding the Howes Play Lot Structure:
a. Authorize the Town Manager to Execute a Purchase and Service Agreement with Ross Recreation Equipment to Replace Play Structure Equipment in an Amount of $115,884 Plus Five Percent for Unforeseen Repairs for a Total Agreement Amount not to Exceed $121,678; and
b. Authorize an Expenditure Budget Adjustment in an Amount of $121,678 From Available General Fund Special/Capital Projects Reserve.

6. Adopt a Resolution Granting an Appeal of a Planning Commission Decision to Approve a Fence Height Exception Request for Construction of an Automated Vehicular Gate Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8.

Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23-002. PROPERTY OWNER: Larry Cesnik and Martha Johnson. APPELLANT: Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin. RESOLUTION 2023-043

7. Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Section 18.30.040, ‘Penalties for Violations,’ of Division 1, Article III, of Chapter 18 of the Town Code, ‘Social Host Ordinance’." ORDINANCE 2343

8. Authorize the Town Manager to Execute the First Amendment to the Consulting Services Agreement with Nichols Consulting Engineers for Additional Engineering Services in an Amount of $42,500, Resulting in a Total Agreement Amount Not to Exceed $486,900, and an Extension of Time for the Shannon Road Repair Project (CIP No. 811- 0008).

9. Receive Monthly Financial and Investment Reports (April Amended, May, and June 2023).

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PAGE 3 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Consent Items – continued
Council Member Hudes pulled item #3.

Opened public comment.

No one spoke.

Closed public comment.

MOTION: Motion by Vice Mayor Badame to approve consent items 1, 2, and 4-9. Seconded by Council Member Moore.

VOTE: Motion passed unanimously by roll call vote.

VERBAL COMMUNICATIONS
Jacob, S.U.A.S Veteran Crisis Q.R.F.
- Commented on the mission of S.U.A.S Veteran Crisis Q.R.F. and invited volunteers to serve.

Jan Schwartz, NUMU Board Member
- Commented on NUMU services and requested financial support for rent and the Los Gatos History Project.

Tyler Haus, Civic Bell
- Commented on a local civic technology platform called Civic Bell and how the system works.

Jennifer Lin, Executive Director of Los Gatos Chamber of Commerce - Introduced herself and stated she is excited to serve the community and continue collaborative efforts with the Town.

Joseph Enz
- Commented on homeless individuals, cleanup of the creek, and the Police Department.

Lynley Hogan
- Read an article on child trafficking and commented in opposition of a number of legislative bills.

Stanford and Daniel Stickney
- Requested the Council maintain the Post Office as a community asset.

Beverly
- Requested the Town Council allocate funds to a hotel voucher program and showers.

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PAGE 4 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023

OTHER BUSINESS

10. Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Sean Rose as the Temporary Capital Projects Manager in the Parks and Public Works Department.

RESOLUTION 2023-044
Salina Flores, Human Resources Director, presented the staff report.

Opened public comment.

No one spoke.

Closed public comment.

MOTION: Motion by Vice Mayor Badame to adopt a resolution for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Sean Rose as the Temporary Capital Projects Manager in the Parks and Public Works Department per Attachment 1 of the staff report.

Seconded by Council Member Moore.

VOTE: Motion passed unanimously by roll call vote.

11. Review the Library Board Work Plan for Calendar Year 2023.

Ryan Baker, Library Director, presented the staff report.

Opened public comment.

No one spoke.

Closed public comment.

Council discussed the item and commended the Library Board for their work.

12. a. Receive the Information Provided in the Police Services Report: January – June 2023; and b. Approve the Technical Sharing of Information Obtained from the Town’s Automated License Plate Reader (ALPR) Technology and Information Captured by the Flock Safety Technology with Other Law Enforcement Agencies in Santa Clara County Jamie Field, Police Chief, presented the staff report.

Opened public comment.

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PAGE 5 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Other Business Item #12 – continued
Lee Fagot
- Commented on community policing, and concerns with noisy vehicles and electric bicycles.

Closed public comment.

Council discussed the item.

MOTION: Motion by Vice Mayor Badame to receive the information provided in the Police Services report: January – June 2023 and approve the technical sharing of information obtained from the Town’s Automated License Plate Reader (ALPR) technology and information captured by the Flock Safety technology with other law enforcement agencies in Santa Clara County. Seconded by Council Member Hudes.

VOTE: Motion passed unanimously by roll call vote.

Recess 8:57 p.m.

Reconvene 9:12 p.m.

13. Receive an Update on American Rescue Plan Act (ARPA) Public Safety Expenses and General Fund Council Priorities – Economic Recovery Reserve Tracking and Provide Direction for the Use of the Remaining Funds in this Reserve.

Gitta Ungvari, Finance Director, presented the staff report.

Opened public comment.

Kimberly Snyder, Executive Director NUMU
- Commented on the cultural service of NUMU, and requested an allocation of $93,000 in one-time funds for rent and a match for the Los Gatos History project.

Tom Picraux
- Commented in favor of utilizing the remaining ARPA funds for a community center and to convene a group of stakeholders regarding the existing facility.

Dick Konrad
- Commented in favor of utilizing some remaining ARPA funds for a community center, convene a group of stakeholders regarding the existing facility, and address a shortfall with Live Oak Nutrition.

Closed public comment.

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PAGE 6 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Other Business Item #13 – continued
Council discussed the item.

MOTION: Motion by Council Member Hudes to create an effort to design and construct the Adult Recreation Facility to provide space for a variety of non-profit agencies to provide services to the community and reconfigure the existing space to provide better services to adults and make it more open and inviting to the community. The funding of these improvements will be achieved by allocating up to $1,000,000 of ARPA funds to a Community Center Development Fund by immediately allocating the remaining General Fund monies made available from the American Rescue Plan Act qualified public safety expenses in the amount of $866,281, and if over the next two years, Capital funds including previously allocated ARPA funds were not expended as budgeted, an additional amount of up to $133,719 of Capital funds would be allocated to the Community Center Development Fund by future Council action. The initial funding would be allocated to near-term improvements and to inform the improvements by convening a group of concerned residents and community partners focused on older adult services and community services in general in the decision about the specifics of how the existing facility could be improved. This would include the Community Health and Senior Services Commission (CHSSC), older adults 501c3 foundation, which is being formed, Los Gatos-Saratoga Recreation, Successful Aging Solutions & Community Consulting (SASSC) group in Saratoga, and non-profits who provide services, faith leaders, and potentially representation from Supervisor Joe Simitian’s Office. A recommendation from staff and this group would then be considered by the Town Council during the 2024 Capital Budget period. Seconded by Council Member Moore.

VOTE: Motion passed unanimously by roll call vote.

A majority of Council supported a recommendation to have the Policy Committee define core services and look at policies pertaining to the grant program to allow for more financial support for items considered core services.

14. Receive the Report on Downtown Paid Parking Program Models and Consider the Following Actions:
a. Direct Staff to Return to Council with an Updated Fee Resolution to:
i. Increase the Rates Effective January 1, 2024 for Residential Permit Parking to $52 per Year for Vehicle One, and $72, $92, and $112 for Vehicles Two, Three, and Four, Respectively;
ii. Set Rates for Residential Permits in the Olive Zone to Match Rates for the Town’s Other Residential Parking Zones Effective January 1, 2024; and

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PAGE 7 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Other Business Item #14 – continued
iii. Eliminate the Annual Fee for Employee Parking in the Olive Zone Effective January 1, 2024;
b. Provide Direction to Staff Regarding the Establishment of Residential Permit Rates for Low Income Residents Defined as Households with Income of Less than 80% of Area Median Income;
c. Provide Direction to Staff Regarding the Two Free Visitor Passes that are Available to Each Household in the Residential Permit Parking Areas; and d. Provide Feedback and/or Direction on the Paid Parking Program Options, Pricing Models, Service Delivery Scenarios, and Staffing Alternatives Required to Support a Functioning and Effective Downtown Paid Parking Program.

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

Opened public comment.

Ron Meyer
- Commented on concerns with paid parking and requested a cost benefit analysis.

Ali Miano
- Commented on concerns with paid parking, suggested alternative transportation options, and stated people parking for more than four hours should probably pay for parking.

Jennifer Lin, Los Gatos Chamber of Commerce
- Requested the Town pause the paid parking program implementation to get more information to address the business community’s concerns.

Randi Chen
- Commented on concerns with the paid parking program, stated the wayfinding signage should be installed before implementing a pay to stay program, and requested the Town add clear signage for employee parking.

Lynley Hogan
- Commented on concerns with an increase in fees for the residential parking permits causing an overflow onto streets that have free parking and asked about Accessory Dwelling Unit parking.

Closed public comment.

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PAGE 8 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Other Business Item #14 – continued
MOTION: Motion by Mayor Ristow to expand the employee permit parking and signage to include Saturdays. Seconded by Council Member Moore.

VOTE: Motion passed unanimously by roll call vote.

MOTION: Motion by Council Member Moore to make a budget adjustment to hire one full time employee (FTE) for 1-year, not to exceed $200,000. Seconded by Mayor Ristow.

VOTE: Motion passed 3-2 by roll call vote. Hudes and Badame voted no.

MOTION: Motion by Vice Mayor Badame to extend the meeting to hear the remaining items.

Seconded by Council Member Moore.

VOTE: Motion passed 4-1 by roll call vote. Council Member Rennie voted no.

MOTION: Motion by Mayor Ristow to bring back the fee schedule with an increase in residential permit parking rates to $52 per year for vehicle one, and $72, $92, and $112 for vehicles two, three and four respectively, with annual adjustments each year in line with the Consumer Price Index (CPI). Seconded by Council Member Moore.

VOTE: Motion passed unanimously by roll call vote.

MOTION: Motion by Council Member Moore to eliminate the fee for employee parking in the Olive Zone, with the caveat that when paid parking is implemented it will apply universally. Seconded by Mayor Ristow.

VOTE: Motion passed unanimously by roll call vote.

15. Receive and Discuss a Status Update on the 2023-2031 Housing Element Process.

Jennifer Armer, Planning Manager, presented the staff report.

Opened public comment.

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PAGE 9 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Other Business Item #15 – continued
Ron Meyer
- Commented on concerns with the process.

Albert Lustre
- Requested standards of labor be added to the Housing Element.

Lee Quintana
- Commented in support of postponing any final action on the pending Zoning and General Plan amendments and expressed concerns with the analysis of the past Housing Elements.

Closed public comment.

MOTION: Motion by Council Member Hudes to bring the final draft of the Housing Element for approval to the Council prior to submittal to HCD. Seconded by Vice Mayor Badame.

VOTE: Motion failed 2-3. Council Members Rennie, Moore, and Mayor Ristow voted no.

MOTION: Motion by Council Member Hudes to direct staff wherever possible to utilize reviewed and certified language from other jurisdictions to respond to HCD and to update the Housing Element. Seconded by Council Member Moore.

VOTE: Motion passed 4-1. Council Member Rennie voted no.

MOTION: Motion by Council Member Hudes to direct HEAB to meet every other week.

Seconded by Vice Mayor Badame.

VOTE: Motion failed 2-3. Council Members Rennie, Moore, and Mayor Ristow voted no.

MOTION: Motion by Council Member Hudes to ask staff and consultants take written notes on any calls with HCD and distribute them to Council. Seconded by Vice Mayor Badame.

VOTE: Motion failed 2-3. Council Members Rennie, Moore, and Mayor Ristow voted no.

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PAGE 10 OF 10
SUBJECT: Minutes of the Town Council Meeting of August 15, 2023 DATE: August 16, 2023
Other Business Item #15 – continued
MOTION: Motion by Council Member Hudes to include the consultants to be available for questions at the public hearings of the Planning Commission and Town Council for the Housing Element adoption. Seconded by Vice Mayor Badame.

VOTE: Motion passed unanimously by roll call vote.

MOTION: Motion by Council Member Hudes to direct the Town Manager to bring any additional expenditure in excess of $50,000 over the approved amount for the Housing Element to Council for review and approval. AMENDMENT: to clarify the direction is through certification of this Housing Element cycle. Seconded by Vice Mayor Badame.

VOTE: Motion passed unanimously by roll call vote.

PULLED CONSENT ITEMS

3. Adopt a Resolution to Extend the Term of the Housing Element Advisory Board. RESOLUTION 2023-042
Jennifer Armer, Planning Manager, presented the staff report.

Opened public comment.

No one spoke.

Closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Hudes to extend the Housing Element Advisory Board as described in item #3. Seconded by Mayor Ristow.

VOTE: Motion passed unanimously by roll call vote.

ADJOURNMENT
The meeting adjourned at 1:26 a.m.

Respectfully Submitted:
_____________________________________
/s/ Jenna De Long, Deputy Town Clerk

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ADDENDUM

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
DATE: September 15, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss the Housing Element Work Plan
REMARKS:

Attachment 8 contains public comment received after the publication of the September 19 staff report and before 11:01 a.m. on Friday, September 15, 2023.

Attachments previously received with the August 15, 2023 Staff Report:

1. Housing Element Update Timeline

2. Zoning and General Plan Amendments Timeline

3. Veronica Tam and Associates Proposal

4. Questions from the Vice Mayor

5. Public Comment received before 11:00 a.m. on August 10, 2023 Attachments previously received with the August 15, 2023 Addendum B:

6. Public Comment received between 11:01 a.m., August 11, 2023, and 11:00 a.m., August 14, 2023
Attachments previously received with the September 19, 2023 Staff Report:

7. August 15, 2023 Town Council Meeting Minutes
Attachments received with this Addendum:

8. Public Comment received before 11:01 a.m. on September 15, 2023 ATTACHMENT 2

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From: Phil Koen
Sent: Friday, September 15, 2023 3:02 AM
To: Maria Ristow <[email protected]>; Mary Badame <[email protected]>; Rob Rennie <[email protected]>; Matthew Hudes <[email protected]>; Rob Moore <[email protected]>
Cc: Gabrielle Whelan <[email protected]>; Wendy Wood <[email protected]>; Laurel Prevetti <[email protected]>
Subject: Public Comment regarding the Housing Element - Agenda Item #14 - Town Council Meeting September 19th
[EXTERNAL SENDER]
Dear Honorable Mayor,
I am deeply troubled the Town Manager con�nues to refuse to make the newly hired Consultant available to our elected officials (who are responsible for adop�ng a compliant Housing Element) and the public to provide their findings as to the status of the Housing Element and directly discuss their plan to obtain HCD cer�fica�on. I would point to the atached leter from HCD which clearly states that the housing element
process must engage the community by making informa�on
regularly available while considering comments.

Refusing to have the Consultant available to the public at the September 19th Town Council mee�ng to provide an update on their September 5th mee�ng with HCD (a�er having three
previous Housing Element rejected by HCD and the failure of the prior consultant to obtain cer�fica�on a�er 2 years and spending over $300,000 for their services) and available for ques�ons is incompa�ble with HCD clear direc�on of engaging the community. It also appears that the Staff’s inten�on to prepare a fourth dra� of the Housing Element for presenta�on to the HEAB prior to any public mee�ng to discuss Consultants ATTACHMENT 8 Page 562
specific plan to cure the prior defects also runs counter with the explicit goal of public par�cipa�on.

The excuse the Consultant is too busy to atend a public mee�ng goes beyond the pale. A competent Consultant, which I am sure Tam and Associates is, can meet with our elected officials and the public AND remain focused on obtaining HCD’s cer�fica�on. It is a false choice that has been inten�onally constructed to prevent the Town Council and the public from directly obtaining valuable informa�on regarding the housing element process and HCD’s concerns.

Why is the current process in the best interest of the public? It isn’t. What facts are being hidden from the public view that is driving the Staff to take the unreasonable posi�on of not allowing the Consultant to atend the Town Council mee�ng? One can only wonder.

It should be also pointed out there is no need to revise the exis�ng contract to require the consultant to atend Town council mee�ngs. A reading of the contract clearly shows the scope of work does not specifically exclude atending Town Council mee�ngs where public comments are made. In fact, the contract specifically states that the consultant will summarize public comments received and how the Town responded to
these comments. If the consultant never meets with the Town Council and the public how exactly will the consultant comply with this statement of work? They can’t.

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It is not too late to instruct the Town Manager to have the Consultant atend the mee�ng and be made available for
ques�ons. Please take the appropriate ac�on and officially request the Consultant to atend. The public has a right to directly ques�on a consultant that the Town has retained to prepare a compliant Housing Element a�er three failed
atempts at obtaining HCD cer�fica�on.

Thank you,
Phil Koen

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
May 30, 2023
Joel Paulson, Director
Community Development Department
Town of Los Gatos
110 E Main Street
Los Gatos, CA 95030
Dear Joel Paulson:

RE: Town of Los Gatos’ 6th Cycle (2023-2031) Revised Draft Housing Element Thank you for submitting the Town of Los Gatos’ revised draft housing element update received for review on March 31, 2023. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on May 10, 2023 with yourself, Jennifer Armer, Planning Manager, Jocelyn Shoopman and Erin Walter, associate planners. In addition, HCD considered comments from Phil Koen pursuant to Government Code section 65585, subdivision (c).

The revised draft housing element addresses many statutory requirements described in HCD’s January 12, 2023 review; however, revisions will be necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Please be aware, if the Town fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until all necessary rezones pursuant to Government Code sections 65583, subdivision (c)(1) and 65583.2, subdivision (c) are completed.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be

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Joel Paulson, Director

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aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

Chapter 654, Statutes of 2022 (AB 2339), adds specificity on how cities and counties plan for emergency shelters and ensure sufficient and suitable capacity. Future submittals of the housing element may need to address these statutory requirements.

For additional information and timing requirements, please see HCD’s memo at https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/ab2339- notice.pdf.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the Town will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the Town to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

We are committed to assisting the Town in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Jose Armando Jauregui, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
Enclosure

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TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
DATE: September 14, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss the Housing Element Work Plan.

RECOMMENDATION:

Discuss the Housing Element work plan.

BACKGROUND:

DISCUSSION:

In addition, the following information was requested:

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PAGE 3 OF 3
SUBJECT: Housing Element Work Plan
DATE: September 14, 2023
DISCUSSION (continued):

PUBLIC COMMENTS:

At the time of this report’s preparation, the Town has not received any public comments.

Public comments are encouraged throughout the Housing Element update process and can be emailed to [email protected].

CONCLUSION:

Staff looks forward to the Town Council’s discussion.

COORDINATION:

The Community Development Department coordinated with the offices of the Town Attorney and Town Manager in the preparation of this report.

ATTACHMENTS:

Attachments previously received with the August 15, 2023 Staff Report:

1. Housing Element Update Timeline

2. Zoning and General Plan Amendments Timeline

3. Veronica Tam and Associates Proposal

4. Questions from the Vice Mayor

5. Public Comment received before 11:00 a.m. on August 10, 2023 Attachment previously received with the August 15, 2023 Addendum A:

None
Attachment previously received with the August 15, 2023 Addendum B:

6. Public Comment received between 11:01 a.m., August 11, 2023, and 11:00 a.m., August 14, 2023
Attachment received with this Staff Report:

7. August 15, 2023 Town Council Meeting Minutes

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DESK ITEM

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
DATE: September 19, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss the Housing Element Work Plan
REMARKS:

Attachment 9 contains public comment received after 11:00 a.m. Monday, September 18, 2023, and before 11:01 a.m. on Tuesday, September 19, 2023.

Attachments previously received with the August 15, 2023 Staff Report:

1. Housing Element Update Timeline

2. Zoning and General Plan Amendments Timeline

3. Veronica Tam and Associates Proposal

4. Questions from the Vice Mayor

5. Public Comment received before 11:00 a.m. on August 10, 2023 Attachments previously received with the August 15, 2023 Addendum B:

6. Public Comment received between 11:01 a.m., August 11, 2023, and 11:00 a.m., August 14, 2023
Attachments previously received with the September 19, 2023 Staff Report:

7. August 15, 2023 Town Council Meeting Minutes
Attachments previously received with the September 19, 2023 Addendum:

8. Public Comment received before 11:01 a.m. on September 15, 2023 Attachments received with this Desk Item:

9. Public Comment received after 11:00 a.m. Friday, September 15 and before 11:01 a.m. on Tuesday, September 19, 2023
ATTACHMENT 3

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From: Sandra Livinghouse
To: Maria Ristow; Mary Badame; Matthew Hudes; Rob Moore; Rob Rennie Cc: Attorney; Clerk; Town Manager
Subject: Please allow housing consultant to attend town council meeting and speak Date: Monday, September 18, 2023 7:59:08 PM
[EXTERNAL SENDER]
Hello,
I am concerned about the lack of transparency in the housing process in Los Gatos.

Please allow the consultant to come to a town council meeting tomorrow and speak about the current status of compliance for our housing element.

Please also reinstate regular, non-cancellable HEAB meetings, since we have had a 72% cancellation rate and the public has not been allowed to engage in the process, as is our right.

Thank you,
Sandra Livinghouse
ATTACHMENT 9 Page 584

Los Gatos City CouncilOctober 3, 2023

Los Gatos City Council
October 3, 2023