How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please follow the participation instructions on page 2 of this agenda. If you wish to speak to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by following the participation instructions on page 2 of this agenda. The time allocated to speakers may change to better facilitate the Town Council meeting.
Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject.
Deadlines for Public Comment and Presentations are as follows:
Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. on the day of the Council meeting.
Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
NOVEMBER 07, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
LOS GATOS, CA
7:00 PM
Maria Ristow, Mayor
Mary Badame, Vice Mayor
Matthew Hudes, Council Member
Rob Moore, Council Member
Rob Rennie, Council Member
PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.
Rebroadcast of Town Council Meetings on the 2nd and 4th Tuesdays at 7:00 p.m.
Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
NOVEMBER 07, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E.
Main Street and virtually through the Zoom webinar application (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
PARTICIPATION
To provide oral comments in real-time during the meeting:
Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatoscagov.zoom.us/j/87922005778?pwd=RnNadElXWEVQd290dDJJVzEwaEw3Zz09 Passcode: 771495. You can also type in 879 2200 5778 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.
When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand.
Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100
If you are participating by calling in, press #2 on your telephone keypad to raise your hand. In-Person: If you wish to speak during the meeting, please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk. If you wish to speak to an item on the agenda, please list the item number. If you wish to speak on an item NOT on the agenda, please list the subject and you may speak during the “Verbal Communications” period. The time allocated to speakers may change to better facilitate the Town Council meeting.
When called to speak, you may be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting. If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time.
If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting will be reviewed and distributed before the meeting. All comments received will become part of the record.
MEETING CALL TO ORDER
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)).
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on
the item will be heard.)
1. Approve the Council Study Session Meeting Minutes of October 10, 2023.
2. Approve the Closed Session Council Meeting Minutes of October 17, 2023.
3. Approve the Council Meeting Minutes of October 17, 2023.
4. Approve the Closed Session Town Council Meeting Minutes of October 30, 2023.
5. Authorize Revenue and Expenditure Budget Adjustments in the Total Amount of $19,672 to Recognize Receipt and Expenditure of Grant Funding Received by the Library.
6. Adopt an Ordinance Titled “An Ordinance of the Town of Los Gatos Amending the Zoning Code from R-1:8 Prezone (Single-Family Residential, Minimum Lot Size of 8,000 square feet) to CH (Restricted Commercial Highway) for Property Located at 15810 Los Gatos Boulevard.” APN: 523-01-001. An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, Which Included the Proposed General Plan Amendment for the Property Located at 15810 Los Gatos Boulevard. No Further Environmental Analysis is Required. Zone Change Application Z-23-001. PROPERTY OWNER/APPLICANT: Jesus Ching and Kathleen Ban.
PROJECT PLANNER: Jocelyn Shoopman.
7. Adopt a Resolution Accepting Funds from the California Supplemental Law Enforcement Service Fund (SLESF).
8. Adopt a Resolution Acknowledging the Completion of Public Right-of-Way Improvements by Chang 2003 Family Trust for the Subdivision Located at 16940 Roberts Road and Authorizing the Town Manager to Execute and Record a Notice of Completion and Certificate of Acceptance.
9. Adopt a Resolution Approving Changes to the Town’s Comprehensive Fine Schedule Amending the Fines for Violations of the E-Bike Ordinance and Tobacco Retailing Ordinance and Correcting Outdated References to Town Code Sections for Other Violations.
10. Adopt a Resolution to Seek Membership in the American Association of Retired People (AARP) Network of Age-Friendly Communities.
11. Authorize the Town Manager to Execute an Updated Agreement Between the Town of Los Gatos and the County of Santa Clara for Administration of the Town’s Tobacco Retail Permit Program.
12. Approve a Side Letter of Agreement Between the Town of Los Gatos and the Town Employee Association (TEA) to establish a “Retention and Recruitment Bonus” for Dispatch Classifications Beginning July 9, 2023 and Ending June 30, 2024, Authorize the Town Manager to Execute the Side Letter, and Authorize a FY 2023/24 Expenditure Budget Adjustment in the Amount of $103,100 from the Capital/Special Projects Reserve.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda and is within the subject matter jurisdiction of the Town Council. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.)
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
13. Adopt an Enabling Resolution to Change the Name of the Parks Commission to the Parks and Sustainability Commission and Add Appropriate Powers and Duties and Rescind Resolution 2016-057; and Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Town Code Section 19.20.010, ‘Parks and Recreation – Created’ and Section 26.10.070, ‘Trees and Shrubs – Appeals’ to Update Reference to Parks Commission to Parks and Sustainability Commission.” OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
14. Discuss and Provide Any Requested Modifications to the Proposed Joint Powers Agreement to Create the Cities Association of Santa Clara County Joint Powers Agency.
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
15. Hear Protests and Adopt a Resolution Making Determinations and Approving the Reorganization of an Uninhabited Area Designated as Los Gatos Boulevard No. 20, Approximately 0.521 Acres on Property Pre-Zoned R-1:8. APN 523-01-001. Annexation
Application AN22-001. Project Location: 15810 Los Gatos Boulevard. Property Owner/Applicant: Jesus Ching and Kathleen Ban.
16. Approve a Recommendation of the Planning Commission to Adopt a Resolution to Amend the General Plan to Include a Description of the Housing Element Overlay Zone and Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code to Replace the Affordable Housing Overlay Zone Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation,’ With the Housing Element Overlay Zone As Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation.’” An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed General Plan and Town Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-002 and General Plan Amendment Application GP-23-002. Applicant: Town of Los Gatos. Project Planners: Jocelyn Shoopman and Erin Walters.
17. Approve a Recommendation of the Planning Commission to Adopt a Resolution to Amend the General Plan Land Use Designation of 16492 Los Gatos Boulevard and Assessor Parcel Number (APN) 532-07-086 from Low Density Residential to Neighborhood Commercial; Amend the General Plan Land Use Designation of Caltrans Right-of-Way Adjacent to 14685 Oka Road from Low Density Residential to Medium Density Residential; and Introduce an Ordinance Titled “An Ordinance of the Town of Los Gatos Amending the Zoning Code from R-1:8 (Single-Family Residential) to R-M (Multiple-Family Residential) for a Caltrans Right-of-Way Property Located Adjacent to 14685 Oka Road; and Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing Element:
APN’s 424-06-116, 424-07-116, 424-08-029, 424-08-058, 424-08-059, 424-08-060, 424- 08-074, and 532-07-085; 620 and 14000 Blossom Hill Road; 16210, 16240, 16245, 16250, 16260, 16270, and 16392 Burton Road; Cal Trans Right-of-Way Adjacent to 14685 Oka Road; 110 and 206 Knowles Drive; 445 Leigh Avenue; 440 Los Gatos Almaden Road; 16603 Lark Avenue; 14823, 14831, 14849, 14859, 14917, 14925, 15795, 16151, 16203, and 16492 Los Gatos Boulevard; 165 Los Gatos Saratoga Road; and 14800 and 14840 Oka Road.“
An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed General Plan and Zoning Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003 and General Plan Amendment Application GP-23-003.
Applicant: Town of Los Gatos.
18. Approve a Recommendation of the Planning Commission to Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Site Inventory Analysis of the 2023-2031 Housing Element: 401 through 409 Alberto Way, 50 Los Gatos-Saratoga Road, 529-24-001, and 529-24-003.” An Environmental Impact Report was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed Zoning Code Amendments. No
further Environmental Analysis is Required. Zoning Code Amendment Application Z-23- 003. Applicant: Town of Los Gatos.
19. Approve a Recommendation of the Planning Commission to Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing Element: 15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard.” An Environmental Impact Report was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed Zoning Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23- 003. Applicant: Town of Los Gatos.
20. Approve a Recommendation of the Planning Commission to Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Site Included in the Sites Inventory Analysis of the 2023-2031 Housing Element: 101 South Santa Cruz Avenue.” An Environmental Impact Report was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed Zoning Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003. Applicant: Town of Los Gatos.
21. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29 ‘Zoning Regulations,’ of the Town Code Regarding Accessory Dwelling Units and Correcting Outdated References in Town Code Sections Pertaining to Termination of Nonconforming Use Status, Requirements for a Two-Unit Development Under Senate Bill 9 (SB 9), and Civil Penalties.” The Environmental Impacts of the Proposed Amendments to the Town Code were Analyzed in the Environmental Impact Report for the 2040 General Plan. Additionally, the Proposed Amendments are Exempt Pursuant to CEQA, Section 15061(b)(3). Town Code Amendment Application A23-002. Project Location: Town Wide. Applicant: Town of Los Gatos.
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.)
Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers.
Note: In accordance with Code of Civil Procedure §1094.6; litigation challenging a quasi-adjudicatory decision of the Town Council must be brought within 90 days after the decision is final unless a shorter time is required by State or Federal law.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 1
DRAFT
Minutes of the Town Council Study Session
Tuesday, October 10, 2023
The Town Council of the Town of Los Gatos conducted a special meeting in person and utilizing teleconferencing means on Tuesday, October 10, 2023, at 5:00 p.m. to discuss an update to the Traffic Impact Fee and a Proposed Vehicle Miles Traveled Impact Fee.
MEETING CALLED TO ORDER AT 5:00 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, and Council Member Rob Rennie.
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
No one spoke.
OTHER BUSINESS
1. Receive the Report and Provide Direction for an Updated Traffic Impact Fee and a Proposed Vehicle Miles Traveled Impact Fee.
Nicholle Burnham, Public Works Director, presented the staff report.
The Town Council Members asked preliminary questions.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
The Town Council Members asked questions and discussed the information.
MOTION: Motion by Council Member Rennie to keep the Highway 17 Corridor Congestion Relief project on the list. Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously.
PAGE 2 OF 3
SUBJECT: Draft Minutes of the Special Town Council Meeting of October 10, 2023 DATE: October 19, 2023
MOTION: Motion by Vice Mayor Badame to accept the project list as presented in the staff report. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Badame to retain the trip length factor in the calculations and adopting a reduced fee rate for specific land uses based on the Town’s goals for development.
Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Badame to develop custom calculations of impact fees where a proposed land use’s trip generation characteristics differ substantially from those of the basic land use categories and understanding that calculations would be based on the adopted basic fee per dwelling unit equivalent or single-family dwelling unit hoping that this approach would provide for a different fee rate for medical office uses. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Hudes to use 3,660 square feet as the basis for the singlefamily residential fee and 1,649 square feet as the basis for the multi-family fee per square foot fee calculation. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Rennie to include the Accessory Dwelling Units (ADUs) over 750 with the Traffic Impact Fee (TIF) and Vehicle Miles Traveled (VMT) fee and include it in the multi-family category. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
MOTION: Motion by Mayor Ristow to adopt the fully calculated fees for multi-family housing developments and consider credit programs to offset certain categories of units. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Rennie to not reduce fees for moderate or low-income categories and waive or give a credit for extremely low and very low-income categories.
Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
PAGE 3 OF 3
SUBJECT: Draft Minutes of the Special Town Council Meeting of October 10, 2023 DATE: October 19, 2023
ADJOURNMENT
The meeting adjourned at 6:26 p.m.
Respectfully Submitted:
_____________________________________
Wendy Wood, Town Clerk
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 2
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, October 17, 2023
The Town Council of the Town of Los Gatos conducted a Special Meeting in person and utilizing teleconferencing means on Tuesday, October 17, 2023, at 5:30 p.m. to hold a Closed Session.
MEETING CALLED TO ORDER AT 5:30 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, and Council Member Rob Rennie.
Absent: None
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subsection (e)(3) of Government Code Section 54956.9: 1 case.
(E-mail from Ben Eilenberg threatening litigation is available in the Town Attorney’s office.)
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 case.
The Town Council reconvened in open session. The Town Attorney stated there was no reportable action under the Brown Act with regard to Item #1 on the agenda and that Council authorized litigation with regard for Item #2 on the agenda.
ADJOURNMENT
The meeting adjourned at 6:44 p.m.
Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Town Clerk Laurel Prevetti, Town Manager
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 3
DRAFT
Minutes of the Town Council Meeting
Tuesday, October 17, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in person and utilizing teleconferencing means on Tuesday, October 17, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie.
Absent: None
PLEDGE OF ALLEGIANCE
Victoria Basilico led the Pledge of Allegiance. The audience was invited to participate.
CLOSED SESSION
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session regarding two items of potential litigation. Regarding the first item, there was no reportable action.
Regarding the second item, the Town Council authorized litigation and the details will be provided in the event that litigation commences so long as it would not jeopardize service of process or settlement negotiations.
PRESENTATIONS
Mayor Ristow read a commendation commending Los Gatos resident Justin Liu, Silicon Valley Clean Energy Electric Showcase Award Winner.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Hudes stated he met with a member of the Foundation for Older Adults to Thrive and Tylor Taylor of the Successful Aging Solutions and Community Consulting (SASCC); attended the opening of Domus; met with Margaret Smith the Owner of Domus and with the Community Health and Senior Service Committee Chair; and attended the Jewish Community Center Solidarity Event.
- Council Member Rennie stated he attended the Joint Venture Silicon Valley Poll, the Silicon Valley Clean Energy Authority (SVCEA) Risk Oversight Committee meeting, the Valley Transportation Authority (VTA) Board meeting, the Finance Commission meeting, the West Valley Sanitation District Board meeting, the Silicon Valley Clean Energy Board meeting, the VTA Policy Advisory Committee, the Highway 9 Los Gatos Creek Trail Connector Groundbreaking Event, and the SVCEA CEO Search Committee meeting.
PAGE 2 OF 11
SUBJECT: Draft Minutes of the Town Council Meeting of October 17, 2023 DATE: October 17, 2023
- Vice Mayor Badame stated she attended the Finance Commission as an observer and a Plant Based Advocates presentation; and met with residents regarding the Housing Element and other concerns.
- Council Member Moore stated he held his Council Member Community Coffee event; met with high school students; attended a Youth Commission meeting; participated in a conversation about addressing mental health in cities; met with a variety of community members to discuss several topics; acknowledged the situation in Israel and Palestine; and attended the Jewish Community Center Solidarity Event.
- Mayor Ristow stated she attended the Joint Venture Silicon Valley Poll, a Leadership Los Gatos class, the Cities League Mental Health Forum, the Domus Ribbon Cutting, and the Inaugural Veteran’s Gala; worked with the Los Gatos Beautification Committee on Pageant Park; attended the Highway 9 Los Gatos Creek Trail Connector Groundbreaking Event; volunteered at the Wine Walk; and attended a Plant Based Advocates presentation and the Jewish Community Center Solidarity Event.
Manager Matters
- No report.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Closed Session Council Meeting Minutes of October 3, 2023.
2. Approve Minutes of the October 3, 2023, Town Council Meeting.
3. Reschedule to December 5, 2023, the Consideration of the Adoption of a Resolution Modifying the Height Pole and Netting Policy for Additions and New Construction. The Proposed Modifications to Town Policy are Not Considered a Project Under the California Environmental Quality Act. Project Location: Town Wide. Applicant: Town of Los Gatos.
4. Receive the Monthly Financial and Investment Report for August 2023.
5. Rescind Resolution 2021-006 and Adopt a Revised Enabling Resolution for the Policy Committee. RESOLUTION 2023-055
6. Authorize the Town Manager to Execute a Fourth Amendment to a Special Services Agreement with Liebert Cassidy Whitmore (LCW) to Increase Compensation in the Amount of $150,000 for a Total Contract Amount Not to Exceed $430,000; and Authorize an Expenditure Budget Adjustment in the Amount of $117,283 from the Available General Fund Capital/Special Projects Reserve.
7. Authorize Revenue and Expenditure Budget Adjustments in the Total Amount of $40,000 to Recognize Receipt and Expenditure of the California Automated Permit Processing (CalAPP) Grant Administered by the California Energy Commission.
8. Authorize the Town Manager to Execute an Agreement for Services with Bay Area Tree Specialists for Tree Removal and Stump Grinding of Eighteen Eucalyptus Trees Located on Overlook Road for a Total Agreement Amount not to Exceed $186,300.
9. Adopt a Resolution to Set a Date for Consideration of the Reorganization of an Uninhabited Area Designated as Los Gatos Boulevard No. 20, Approximately 0.521 Acres on Property Pre-Zoned R-1:8. APN 523-01-001. Annexation Application AN22-001. Project Location:
PAGE 3 OF 11
SUBJECT: Draft Minutes of the Town Council Meeting of October 17, 2023 DATE: October 17, 2023
15810 Los Gatos Boulevard. Property Owner/Applicant: Jesus Ching and Kathleen Ban.
RESOLUTION 2023-056
10. Adopt an Ordinance Titled, “An Ordinance of the Town Council of the Town of Los Gatos Amending Section 18.60.020, ‘Permits for Retailers of Tobacco Products’ of Article VI, ‘Smoking Regulations’ of Chapter 18, ‘Offenses and Miscellaneous Provisions,’ of the Town Code to Increase Fine Amounts and Amend the Definition of ‘Tobacco Products’ to Align with the Santa Clara County Ordinance.” ORDINANCE 2344
11. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Fiscal Year 2022/23 Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) Completed by Spencon Construction and Authorize the Town Clerk to File for Recordation.
12. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $76,700 to Recognize Receipt and Expenditure for State of California Office of Traffic Safety (OTS) Grant Funds.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
MOTION: Motion by Council Member Moore to approve the consent items. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Lynley Fenchel
- Commented on religion and racism.
Linda Swenberg
- Commented on concerns with the infrastructure changes made to Blossom Hill Road.
Erica Osman
- Requested the Town’s objective guidelines be strengthened.
Allan Bayless
- Commented on unhoused residents being displaced by CalTrans and strategies to assist unhoused residents.
Ron Meyer
- Commented on concerns with accountability.
PAGE 4 OF 11
SUBJECT: Draft Minutes of the Town Council Meeting of October 17, 2023 DATE: October 17, 2023
OTHER BUSINESS
13. Receive and Provide Direction for the Youth Commission Work Plan for School Year 2023/24.
Laurel Prevetti, Town Manager, introduced the Youth Commission Chair. Taj Chunawala, Youth Commission Chair, presented the staff report and a presentation.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
Council discussed the item and provided feedback.
PUBLIC HEARINGS
14. Consider a Resolution to Amend the General Plan Land Use Designation of 15810 Los Gatos Boulevard from Low Density Residential to Mixed Use Commercial and Introduce an Ordinance Titled “An Ordinance of the Town of Los Gatos Amending the Zoning Code from R-1:8 Prezone (Single-Family Residential, Minimum Lot Size of 8,000 square feet) to CH (Restricted Commercial Highway) for Property Located at 15810 Los Gatos Boulevard.” APN: 523-01-001. An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, Which Included the Proposed General Plan Amendment for the Property Located at 15810 Los Gatos Boulevard. No Further Environmental Analysis is Required. Zone Change Application Z-23-001 and General Plan Amendment Application GP-23-001. PROPERTY OWNER/APPLICANT: Jesus Ching and Kathleen Ban. PROJECT PLANNER: Jocelyn Shoopman. RESOLUTION 2023-057 ORDINANCE 2346
Jocelyn Shoopman, Associate Planner, presented the staff report.
Mayor Ristow opened public comment.
Roger Shanks, Applicant Representative
- Commented in support of the item.
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to accept the staff recommendation to adopt a resolution (Attachment 3 to the staff report) to amend the General Plan land use
PAGE 5 OF 11
SUBJECT: Draft Minutes of the Town Council Meeting of October 17, 2023 DATE: October 17, 2023
designation of 15810 Los Gatos Boulevard from Low Density Residential to Mixed Use Commercial and introduce an ordinance (Attachment 4 to the staff report) titled “An Ordinance of the Town of Los Gatos Amending the Zoning Code from R-1:8 Prezone (Single-Family Residential, Minimum Lot Size of 8,000 square feet) to CH (Restricted Commercial Highway) for property located at 15810 Los Gatos Boulevard.” Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
OTHER BUSINESS
15. Authorize the Town Manager to Execute an Agreement for Revenue Ballot Measure Consultant Services with NBS in an Amount Not to Exceed $105,000 and Authorize an Expenditure Budget Adjustment in an Amount of $105,000 from the Available General Fund Capital/Special Projects Reserve.
Katy Nomura, Assistant Town Manager, presented the staff report.
Mayor Ristow opened public comment.
Ron Meyer
- Commented on the Town’s budgeting priorities and concerns with transparency.
Jak Van Nada
- Commented on forecast revenue estimates, Town budgets, and concerns with this item.
Lynda Swenberg
- Commented on the item and concerns with studying a specific use tax.
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Moore to authorize the Town Manager to execute an agreement for Revenue Ballot Measure Consultant Services with NBS in an amount not to exceed $44,600 and authorize an expenditure budget adjustment in the amount of $44,600 from the General Fund, with the understanding that staff and the consultant will return to Council with the revenue models and any other pieces that have been completed before moving forward in the next step of public polling.
AMENDMENT: concurrently develop the stakeholder outreach and public engagement messaging. Seconded by Mayor Ristow.
VOTE: Motion passed 4-1. Vice Mayor Badame voted no.
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SUBJECT: Draft Minutes of the Town Council Meeting of October 17, 2023 DATE: October 17, 2023
Mayor Ristow called a recess at 9:05 p.m.
Mayor Ristow reconvened the meeting at 9:15 p.m.
16. Discuss and Provide Direction Regarding Potential Changes to the Town’s Boards, Commissions, and Committees.
Laurel Prevetti, Town Manager, presented the staff report.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Mayor Ristow to return to Council with a redlined enabling resolution for the Parks Commission, change the name of the Parks Commission to the Parks and Sustainability Commission, and modify the language in the scope to address sustainability issues. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Moore to direct staff to research ways for Building Board of Appeals members could serve on other Town Commissions as appropriate and where an overlap or conflicts do not exist. Seconded by Mayor Ristow.
VOTE: Motion passed 3-2. Vice Mayor Badame and Council Member Hudes voted no.
17. Accept the Diversity, Equity, and Inclusion (DEI) Plan and Identify First Year Priorities for the DEI Commission.
Holly Young, Management Analyst, presented the staff report.
Mayor Ristow opened public comment.
Susan Burnett
- Inquired if the DEI goals can be achieved without the use of staff and fiscal resources.
Linda Swenberg
- Commented on the DEI plan and stated Los Gatos should be a welcoming place for residents and businesses.
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SUBJECT: Draft Minutes of the Town Council Meeting of October 17, 2023 DATE: October 17, 2023
Johanes Swenberg
- Inquired about the outcome of the DEI plan, specific action items, and the fiscal impact.
Ron Meyer
- Commented on concerns with the DEI plan, specific action items, and the fiscal impact.
Ali Miano
- Commented in support of the item.
Mayor Ristow closed public comment.
Council discussed the item and provided direction below:
Council Member Rennie commented on concerns with the following items listed in the DEI Plan:
1. Goal C, Section 2, Subsection a - Town staff/School Districts/Youth to identify needs for both community-based and school-based programming.
2. Goal E, Section 1, Subsection a, Subparagraph i. - Education about affordable housing residents and the services they receive.
3. Goal E, Section 1, Subsection c. - Town staff to create a program to ensure that all rental multifamily housing is inspected on a three to five-year cycle to ensure compliance with all building, housing, and other codes for safe and sanitary housing.
Council Member Rennie commented in support of the following items listed in the DEI Plan:
1. Goal A, Section 1, Subsection a – In partnership with other Commissions, DEI Commission to review the community grants rubric for the community grant distribution process through an equity lens.
2. Goal A, Section 1, Subsection b - DEI Commission to create an annual review process and evaluation of the DEI Work Plan action items.
3. Goal B, Section 2, Subsection d – Town staff to explore the possibility of film festivals/benefit events at the Los Gatos Theatre.
4. Goal B, Section 3, Subsection a - Town staff/DEI Commission/Community Partners to develop a community learning opportunity focused on historical inequities and the history of the 3 Town of Los Gatos. Focused on but not limited to: Indigenous communities; redlining practices; and other items as identified through community partners.
5. Goal B, Section 4, Subsection a – Town staff in the Police Department to continue to offer a Community Police Academy, or similar program, to educate community members on law enforcement policies, practices, and problem solving, as well as promoting the opportunity for one-on-one interaction with Department members in a relaxed environment.
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SUBJECT: Draft Minutes of the Town Council Meeting of October 17, 2023 DATE: October 17, 2023
6. Goal C, Section 1, Subsection a, Subparagraph ii – Focus on collaborative projects that promote healing.
7. Goal C, Section 3, Subsection b – Town staff to explore opportunities for collaborating with other municipalities on DEI work.
8. Goal F, Section 1, Subsection b – Town staff to create a defined set of criteria that measures and prioritizes equitable distribution of Capital Improvement (CI) Projects Town-wide.
9. Goal F, Section 4, Subsection c – Town staff to continue to evaluate the annual proposed Capital Improvement Budget and any service expansion/contraction in the Operating Budget to ensure that all neighborhoods are treated equitably in the availability of services and infrastructure investment.
10. Goal F, Section 4, Subsection h – Town staff to continue to provide Biannual Reports to review progress at Town Council meetings on Police Reforms, including independent investigations, mental health/homeless support, traffic stop data, and options for nonemergency calls.
11. Goal F, Section 4, Subsection i – Town staff to continue to strengthen the Police Department relationship with County Behavioral Health and Crisis Response Teams.
12. Goal F, Section 4, Subsection j - Town staff to work toward the Police Chief’s goal for all Department personnel to exceed the minimum number of hours of training in deescalation and crisis intervention.
13. Goal F, Section 4, Subsection k- Town staff to continuously review and update Town policies and procedures to ensure that it is employing the best practices for hiring, training, eliminating bias, and ensuring the public’s safety.
14. Goal E, Section 1, Subsection b – Town staff to investigate ways to attract affordable housing developers to the Town of Los Gatos.
Council Member Hudes commented on concerns with the following items listed in the DEI Plan:
1. Goal B, Section 1, Subsection b – Town staff/DEI Commission to evaluate heritage/holiday celebrations and recognitions in the Holiday and Recognition Work Plan.
2. Goal B, Section 2, Subsection b – Town staff/DEI Commission/Community Partners to work with other Boards, Commissions, and Committees to curate safe and engaging learning, dialogue and advocacy spaces for all community members.
3. Goal B, Section 2, Subsection e, Subparagraph i – Consider a Park Stewardship Program to develop meaningful relationships between different groups (example: seniors) and each park.
4. Goal B, Section 3, Subsection b – Town staff to develop diversity, sensitivity, and awareness training courses and curriculum for residents, business owners, and local organizations to take part in.
5. Goal D, Section 2, Subsection b, Subparagraph i – Develop a local business pledge about belonging and unwillingness to tolerate discrimination.
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SUBJECT: Draft Minutes of the Town Council Meeting of October 17, 2023 DATE: October 17, 2023
Council Member Hudes commented in support of the following items listed in the DEI Plan:
1. Goal B, Section 2, Subsection e – Town staff/Commissions to explore options for bringing diversity and incorporating equity into Town parks, open space, and the community garden (create a garden and food-based programs and identify additional spaces for a community garden).
2. Goal B, Section 2, Subsection d – Town staff to explore the possibility of film festivals/benefit events at the Los Gatos Theatre.
Council Member Hudes suggested the following items:
1. Explore cultural food festivals, cooking demos, dancing, street fairs.
2. Promoting and possible subsidizing adult school multicultural offerings such as languages and music classes.
3. Organizing community cultural participation in local schools
4. Aggressively pursue funding opportunities for actual affordable housing construction rather than luxury development projects.
Council Member Moore commented in support of the following items listed in the DEI Plan:
1. Goal E, Section 1, Subsection b – Town staff to investigate ways to attract affordable housing developers to the Town of Los Gatos.
2. Goal B, Section 1, Subsection b - Town staff/DEI Commission to evaluate heritage/holiday celebrations and recognitions in the Holiday and Recognition Work Plan making sure all faith groups are brought into the holiday discussions and events.
3. Goal F, Section 1, Subsection b - Town staff to create a defined set of criteria that measures and prioritizes equitable distribution of Capital Improvement (CI) Projects Town-wide.
4. Goal C, Section 1, Subsection a, Subparagraph ii - Focus on collaborative projects that promote healing.
5. Goal B, Section 4, Subsection a - Town staff in the Police Department to continue to offer a Community Police Academy, or similar program, to educate community members on law enforcement policies, practices, and problem solving, as well as promoting the opportunity for one-on-one interaction with Department members in a relaxed environment (add Police Department to work with community members to talk about how hate interacts with community).
6. Goal A, Section 2, Subsection a – DEI Commission to recommend additional action items to the Town Council to make visible the equity issues that matter to the larger community.
7. Goal C, Section 1, Subsection a, Subparagraph i – Meet with community partners to determine how they would like to manifest equity learning in the community. Focused on, but not limited to, the following local groups: local businesses; community-based organizations; nonprofits; education partners; faith-based partners; Town Departments; and other Town Commissions.
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SUBJECT: Draft Minutes of the Town Council Meeting of October 17, 2023 DATE: October 17, 2023
8. Goal D, Section 1, Subsection a – Town staff/DEI Commission/Community Partners to create a yearly communications campaign centered around equity education and promotion of community events. Include in this process: visible signage/banners, local art, and art displays.
Council Member Moore suggested the following items:
1. Consider working with additional schools in the area regarding DEI programming.
Vice Mayor Badame commented in support of the following items in the DEI Plan and stated she would trust the DEI Commission to advise the Town Council on action items of their deliberation:
1. Action items relating to safety.
2. Goal F, Section 4, Subsection b - Town staff to update the Town’s Anti-Harassment Policy to meet current best practices, including anti-bullying.
Mayor Ristow commented in support of the following items listed in the DEI Plan:
1. Goal A, Section 1, Subsection a – In partnership with other Commissions, DEI Commission to review the community grants rubric for the community grant distribution process through an equity lens.
2. Goal B, Section 1, Subsection a – Town staff/DEI Commission to review the Town’s four events (Spring into Green, 4th of July Symphony in the Park, Screen on the Green, and Winter Celebration) with an equity lens and requested broadening the events to be more expansive or adding new events such as a food culture event.
3. Goal B, Section 2, Subsection d – Town staff to explore the possibility of film festivals/benefit events at the Los Gatos Theatre.
4. Goal B, Section 4, Subsection a – Town staff in the Police Department to continue to offer a Community Police Academy, or similar program, to educate community members on law enforcement policies, practices, and problem solving, as well as promoting the opportunity for one-on-one interaction with Department members in a relaxed environment.
5. Goal B, Section 4, Subsection e – Town staff to continue to enhance awareness of DEI through expanded Library programing for both adults and children.
6. Goal D, Section 1, Subsection a – Town staff/DEI Commission/Community Partners to create a yearly communications campaign centered around equity education and promotion of community events. Include in this process: visible signage/banners, local art, and art displays.
7. Goal D, Section 2, Subsection a - Town staff/DEI Commission/Community Partners to create a new Town tagline, in concert with the mission statement that involves the spirit of ‘belonging’, as a north star for ongoing work and make a request to have the commission reevaluate the commission name.
8. Goal F, Section 4, Subsection h – Town staff to continue to provide Biannual Reports to review progress at Town Council meetings on Police Reforms, including independent
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SUBJECT: Draft Minutes of the Town Council Meeting of October 17, 2023 DATE: October 17, 2023
investigations, mental health/homeless support, traffic stop data, and options for nonemergency calls.
5. Goal F, Section 4, Subsection i - Town staff to continue to strengthen the Police Department relationship with County Behavioral Health and Crisis Response Teams.
6. Goal F, Section 4, Subsection j - Town staff to work toward the Police Chief’s goal for all Department personnel to exceed the minimum number of hours of training in deescalation and crisis intervention.
MOTION: Motion by Council Member Moore to accept the Diversity, Equity, and Inclusion (DEI) Plan. AMENDMENT: Accept the DEI Plan and add a more refined memo or addendum with the direction received from Council and to provide that direction to the DEI Commission in January and add the five-question Government Alliance on Race and Equity (GARE) (five questions: what is your timelines, how will you evaluate and report progress overtime, how will you know when an action is complete, can you retain stakeholder participation, does it ensure internal meaning government and public accountability) as a suggested framework to accomplish tangibility to be part of the addendum. Seconded by Mayor Ristow.
VOTE: Motion passed 3-2. Vice Mayor Badame and Council Member Hudes voted no.
ADJOURNMENT
The meeting adjourned at 11:40 p.m.
Respectfully Submitted:
Jenna De Long, Deputy Town Clerk
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 4
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, October 30, 2023
The Town Council of the Town of Los Gatos conducted a Special Meeting in person and utilizing teleconferencing means on Tuesday, October 30, 2023, at 5:00 p.m. to hold a Closed Session.
MEETING CALLED TO ORDER AT 5:01 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, and Council Member Rob Rennie.
Absent: None
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. Public Employee Appointment, Employment, Evaluation of Performance, Discipline, and Dismissal
[Government Code Section 54957(b)(1)]
Titles: Town Manager and Town Attorney
2. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2): One case
(E-mail from Ben Eilenberg threatening litigation is available in the Town Attorney’s office.) The Town Council reconvened in open session. The Town Attorney stated there was no reportable action under the Brown Act.
ADJOURNMENT
The meeting adjourned at 7:24 p.m.
Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Town Clerk Laurel Prevetti, Town Manager
PREPARED BY: Ryan Baker
Library Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 5
DATE: October 20, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize Revenue and Expenditure Budget Adjustments in the Total Amount of $19,672 to Recognize Receipt and Expenditure of Grant Funding Received by the Library
RECOMMENDATION:
Authorize revenue and expenditure budget adjustments in the total amount of $19,672 to recognize receipt and expenditure of grant funding received by the Library.
REMARKS:
The Library has been successful in obtaining two grants:
1. A grant in the amount of $12,000 from the Pacific Library Partnership for Unhoused Community Care and Comfort. This will allow the library to create and stock a “Comfort Cabinet” that will contain free personal care items (e.g., socks, underwear, tampons, toothbrushes, personal cleaning and hygiene items, and bandages) that will be available to unhoused community members seven days a week. Through the grant, we will also be able to provide pre-loaded one-day VTA/Clipper Card passes as well as fund Lyft rides for unhoused community members when necessary to connect them with transportation directly to a point of service, shelter, or nearby hotel.
2. A grant in the amount of $7,672 from the California State Library to continue funding of the Zipbook program which provides additional books to the collection by allowing the Library to ship requested books through Amazon directly to a Library user’s home.
While all community members may utilize this program, it most directly benefits community members with limited mobility or fewer transportation options.
PAGE 2 OF 2
SUBJECT: Library Grants
DATE: October 20, 2023
FISCAL IMPACT:
Grant revenues totaling $12,000 will be recorded to account 7801-43343 and be expended from account 7801-61172.
Grant revenues totaling $7,672 will be recorded to account 7801-43343 and be expended from account 7801-61171.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
PREPARED BY: Jocelyn Shoopman
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 6
DATE: November 2, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Ordinance Titled “An Ordinance of the Town of Los Gatos Amending the Zoning Code from R-1:8 Prezone (Single-Family Residential, Minimum Lot Size of 8,000 square feet) to CH (Restricted Commercial Highway) for Property Located at 15810 Los Gatos Boulevard.” APN: 523-01-001. An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, Which Included the Proposed General Plan Amendment for the Property Located at 15810 Los Gatos Boulevard. No Further Environmental Analysis is Required. Zone Change Application Z-23- 001. PROPERTY OWNER/APPLICANT: Jesus Ching and Kathleen Ban. PROJECT PLANNER: Jocelyn Shoopman.
RECOMMENDATION:
Adopt an ordinance titled “An Ordinance of the Town of Los Gatos Amending the Zoning Code from R-1:8 Prezone (Single-Family Residential, Minimum Lot Size of 8,000 square feet) to CH (Restricted Commercial Highway) for property located at 15810 Los Gatos Boulevard.” REMARKS:
On October 17, 2023, the Council considered and voted to introduce an Ordinance to effect a zone change from R-1:8 Prezone (Single-Family Residential, Minimum Lot Size of 8,000 square feet) to CH (Restricted Commercial Highway), for property located at 15810 Los Gatos Boulevard. Adoption of the attached Ordinance (Attachment 1) would finalize that decision.
Attachment:
1. Draft Ordinance for the Zone Change, with Exhibit A
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Intentionally
Left Blank
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Ordinance Council Meeting Date
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE ZONING CODE FROM R-1:8 PREZONE (SINGLE-FAMILY RESIDENTIAL, MINIMUM LOT SIZE OF 8,000 SQUARE FEET)
TO CH (RESTRICTED COMMERCIAL HIGHWAY) FOR
PROPERTY LOCATED AT 15810 LOS GATOS BOULEVARD
WHEREAS, the Planning Commission recommended approval of the Zoning Code amendment at its regularly noticed public hearing on July 12, 2023; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on October 17, 2023; and WHEREAS, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed Zoning Code amendment; and WHEREAS, the Town Council considered all facts and information related to a request to change the Zoning for the above mentioned property as shown in Exhibit A.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DO HEREBY ORDAIN AS FOLLOWS:
SECTION I
The Town Council finds as follows:
A. No further Environmental Analysis is required as an Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed Zoning Code amendments; and
B. The zone change is consistent with the General Plan and its elements in that the proposed zoning is consistent with the proposed General Plan land use designation; and C. That all proceedings have been conducted in compliance with the provisions of Government Code Section 65850 et seq.; and
D. The Town Council considered all facts and information related to the proposal to rezone the site from Prezone R-1:8 to CH as shown in Exhibit A.
Draft Ordinance, subject to
modification by Town Council based
on deliberations and direction.
ATTACHMENT 1
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Ordinance Council Meeting Date
SECTION II
The Town Code of the Town of Los Gatos is hereby amended to change the zoning of the property at 15810 Los Gatos Boulevard (Santa Clara County Assessor Parcel Number 523-01- 001) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from R-1:8 Prezone (Single-Family Residential, Minimum Lot Size of 8,000 square feet) to CH (Restricted Commercial Highway).
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 17th day of October 2023, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the 7
th day of November 2023. This ordinance shall take effect 30 days after the date it is adopted. The Town Clerk shall cause this ordinance or a summary thereof to be published in accordance with Section 36933 of the California Government Code.
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: __________________
OLEANDER AV
OSSOM LN
AUGUSTINE AV
CAMELLIA TER
LOS GATOS BLVD
FRANK AV
APPLE
LILAC WY
CAMELLIA TER
TOWN OF LOS GATOS
Application No.
Change of zoning map amending the Town Zoning Ordinance.
Zone Change
Prezoning
From: R-1:8 Prezone To: CH
Z-23-001 A.P.N. # 523-01-001
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:
Mayor
Date: July 12, 2023
Ord:
§
15810 Los Gatos Boulevard
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Left Blank
PREPARED BY: Heather St. John
Senior Administrative Analyst
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 7
DATE: October 24, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Accepting Funds from the California Supplemental Law Enforcement Service Fund (SLESF)
RECOMMENDATION:
Adopt a Resolution accepting funds from the California Supplemental Law Enforcement Service Fund (SLESF).
BACKGROUND:
In 1996, California legislation (Assembly Bill 3229) created the Citizens Options for Public Safety (COPS) program allocating $100,000,000 to local governments yearly for front-line law enforcement. These funds are to be distributed through an established local Supplemental Law Enforcement Services Fund (SLESF). State General Fund distribution to local law enforcement agencies are specifically intended for “front-line municipal police services.” COPS funds must be spent on personnel, equipment, or supplies and are not approved for public safety capital improvement or construction projects.
Other COPS funds requirements and restrictions include:
COPS funds shall be used to supplement, not supplant existing funding for law enforcement services.
COPS funds shall be deposited into a separate fund, not intermingled with other monies. The Town Council shall approve the appropriation of COPS funds pursuant to a recommendation by the Chief of Police.
Each county shall establish a Supplemental Law Enforcement Services Fund for deposit of State COPS funds and distribution to municipalities.
PAGE 2 OF 2
SUBJECT: Adopt a Resolution Accepting Funds from the California Supplemental Law Enforcement Service Fund (SLESF)
DATE: November 7, 2023
BACKGROUND (continued):
Pursuant to AB 3229, the City of Monte Sereno also receives a share of the state SLESF funds ($100,000). The City of Monte Sereno is required by contractual agreement for law enforcement services to transfer those funds to the Town of Los Gatos within 30 days of receipt of the monies from the State of California. The contract stipulates that the Los GatosMonte Sereno Police Department will provide additional hours of traffic enforcement within the city limits of Monte Sereno in exchange for its portion of SLESF funds.
DISCUSSION:
This report recommends the use of SLESF funds consistent with the intent of the COPS program. The Police Department proposes utilizing the Los Gatos portion ($100,000) of SLESF funds in Fiscal Year (FY) 2023/24 for frontline Police operational equipment and services, which includes but is not limited to data management and storage of secure digital evidence, technology equipment which increase operational efficiencies and crime reduction strategies; and ($100,000) of SLESF funds be directed toward the contractually required traffic enforcement within the city limits of Monte Sereno.
CONCLUSION:
Staff recommends approval of a resolution (Attachment 1) to use the SLESF funds as follows:
$100,000 of SLESF funds will be directed to frontline police operations and services, and $100,000 of SLESF funds will be directed toward the contractually required traffic enforcement within the city limits of Monte Sereno FISCAL IMPACT:
If Council approves the proposed recommendation, the Town will continue to receive a combined total of $200,000 in SLESF funding. Per contract stipulation with the City of Monte Sereno, $100,000 of SLESF funds will continue being directed toward additional traffic enforcement within the city limits of Monte Sereno. The remaining $100,000 of Town SLESF funds will be redirected toward frontline Police operations and services as described above and as stated in the Adopted Operating Budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft resolution authorizing the use of SLESF funds
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Draft Resolution Date
ATTACHMENT 1
DRAFT RESOLUTION
RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING SUPPLEMENTAL LAW
ENFORCEMENT SERVICE FUNDS (SLESF) GRANT ALLOCATION FOR
FY 2023-24 AND APPROVE USE OF THE FUNDS
WHEREAS, Government Code Section 30061(b)3 was amended with the Governor's approval of Assembly Bill 3229; and
WHEREAS, the Town of Los Gatos is entitled to receive approximately $100,000 under the terms of the Supplemental Law Enforcement Services Fund if specified requirements are met as well as $100,000 from the City of Monte Sereno under the terms of the fund; and WHEREAS, the State funding cannot be used to supplant current Town costs for law enforcement and must be expended exclusively for front-line police services; and WHEREAS, the Town Council has considered the written request separate and apart from the allocation of general funds for police services; NOW, THEREFORE, BE IT RESOLVED: by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos authorize the continued expenditure of funds from the Supplemental Law Enforcement Services Fund for 416 hours of traffic enforcement within the city limits of Monte Sereno; and has determined an expenditure plan that supports police operations and services for the Town of Los Gatos.
BE IT FURTHER RESOLVED,
1. The Town Manager is directed to continue the Supplemental Law Enforcement Services Fund (SLESF) within the Town for receipt and disbursement of money received from the County Supplemental Law Enforcement Services Fund.
2. The Town Manager is directed to promptly remit to the General Fund all funding deposited in such SLESF fund.
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Draft Resolution Date
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7th day of November, 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: __________________
PREPARED BY: James Watson
Senior Civil Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/7/2023
ITEM NO: 8
DATE: November 1, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Acknowledging the Completion of Public Right-of-Way Improvements by Chang 2003 Family Trust for the Subdivision Located at 16940 Roberts Road and Authorizing the Town Manager to Execute and Record a Notice of Completion and Certificate of Acceptance RECOMMENDATION:
Adopt a Resolution (Attachment 1) acknowledging the completion of public right-of-way improvements by Chang 2003 Family Trust (“Subdivider”) for the subdivision located at 16940 Roberts Road and authorizing the Town Manager to execute and record a notice of completion and certificate of acceptance (Attachment 2).
BACKGROUND:
On June 7, 2022, Town Council accepted a dedication of public right-of-way located on the northwest corner of intersection of Fisher Avenue and Roberts Road as part of a subdivision application. The required mapping to support the dedication was filed with the County of Santa Clara on July 14, 2022.
The Town issued Conditions of Approval to the subdivision application that obligated the Subdivider to enter into a Subdivision Improvement Agreement and a Landscape Maintenance Agreement.
The Town Manager executed a Subdivision Improvement Agreement (Attachment 3) with the Subdivider on July 13, 2022 to construct various off-site public improvements including streets, sidewalks, curbs, gutters, and street signs acceptable to all in accordance with the approved plans and specifications.
PAGE 2 OF 3
SUBJECT: Adopt a Resolution Acknowledging the Completion of Public Right-of-Way Improvements by Chang 2003 Family Trust for the Subdivision Located at 16940 Roberts Road and Authorizing the Town Manager to Execute and Record a Notice of Completion and Certificate of Acceptance
DATE: November 1, 2023
BACKGROUND (continued):
Faithful performance and labor and materials bonds were collected from the Subdivider to ensure completion of the improvements.
The Town Manager executed a Landscape Maintenance Agreement (Attachment 4) with the Subdivider on June 21, 2022 to maintain the landscaping and irrigation system within the planting strip in the public right-of-way along Roberts Road.
DISCUSSION:
The Subdivider has completed the work for the public improvements per the conditions of the Subdivision Improvement Agreement, and staff is recommending that Town Council accept the project as complete. Ten percent of the faithful performance bond shall be retained for a period of two years as a guaranty from any defective materials and workmanship. The execution and recordation of the Notice of Completion and Certificate of Acceptance is required to finalize the Town's acceptance of the public right-of-way improvements.
CONCLUSION:
Construction of the required improvements is complete, and staff is recommending acceptance of the public improvements at the intersection of Fisher Avenue and Roberts Road and execution of the required supporting documents.
FISCAL IMPACT:
The property owner and its successors shall be responsible for the maintenance of all vegetated areas adjacent to the property along Fisher Avenue and Roberts Road located within the street dedication. The public improvements associated with the Subdivision Improvement Agreement are not anticipated to increase maintenance costs of the Town’s infrastructure.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15303: New Construction or Conversion of Small Structures). A Notice of Exemption will not be filed.
PAGE 3 OF 3
SUBJECT: Adopt a Resolution Acknowledging the Completion of Public Right-of-Way Improvements by Chang 2003 Family Trust for the Subdivision Located at 16940 Roberts Road and Authorizing the Town Manager to Execute and Record a Notice of Completion and Certificate of Acceptance
DATE: November 1, 2023
Attachments:
1. Resolution
2. Certificate of Acceptance and Notice of Completion
3. Subdivision Improvement Agreement
4. Landscape Maintenance Agreement
1 of 2
Draft Resolution Date
ATTACHMENT 1
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY CHANG 2003 FAMILY TRUST AT 16940 ROBERTS ROAD AND AUTHORIZING EXECUTION AND RECORDATION OF A
NOTICE OF COMPLETION AND CERTIFICATE OF ACCEPTANCE
WHEREAS, The County recorded a parcel map on July 14, 2022 indicating a dedication of public right-of-way located on the northwest corner of intersection of Fisher Avenue and Roberts Road to the Town of Los Gatos; and
WHEREAS, The Town issued Conditions of Approval of the subdivision that obligated the Subdivider to enter into a Landscape Maintenance Agreement and a Subdivision Improvement Agreement; and
WHEREAS, The Town Manager executed a Subdivision Improvement Agreement with the Subdivider on July 13, 2022 to construct various off-site public improvements including streets, sidewalks, curbs, gutters, and street signs. Faithful performance and labor and materials bonds were collected from the Subdivider to ensure completion of the improvements.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE:
1. The Subdivider has completed the work for the public improvements per the conditions of the Subdivision Improvement Agreement, and
2. The Town Manager is authorized to execute and record with the County a Notice of Completion and Certificate of Acceptance.
2 of 2
Draft Resolution Date
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council held on the _____ day of __________, 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: __________________
Recording Requested by:
TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
TOWN CLERK
TOWN OF LOS GATOS
110 E MAIN ST
LOS GATOS, CA 95030
______________________________________________________________________________ (SPACE ABOVE BAR FOR RECORDER’S USE)
(RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 27383 AND 6103)
TYPE OF RECORDING
NOTICE OF COMPLETION AND CERTIFICATE OF ACCEPTANCE
16940 ROBERTS ROAD, LOS GATOS, CA
TO WHOM IT MAY CONCERN:
I do hereby certify that Chang 2003 Family Trust has completed the work called for in the Subdivision Improvement Agreement for work located at 16940 Roberts Road in the TOWN OF LOS GATOS, County of Santa Clara, State of California executed July 13, 2022. The work was completed in October 2023, and approved and accepted on November 7, 2023.
Bond No.: 4452099
Date: December 21, 2021
SURETEC INSURANCE COMPANY
Mary Collins, Attorney-in-Fact
2103 Citywest Boulevard, Suite 1300
Houston, TX 77042
TOWN OF LOS GATOS
By: __________________________________
Laurel Prevetti, Town Manager
Acknowledgement Required
ATTACHMENT 2
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB ATTACMENT 3
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB 6/20/2022
7/12/2022
7/13/2022
7/13/2022
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB 7/13/2022
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB 7/13/2022
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
DocuSign Envelope ID: 83FA2ABD-6CB1-4DAA-9E65-BA89F247C3FB
ATTACHMENT 4
PREPARED BY: Melissa Ynegas
Finance Administrative Analyst
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 9
DATE: October 26, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Approving Changes to the Town’s Comprehensive Fine Schedule Amending the Fines for Violations of the E-Bike Ordinance and Tobacco Retailing Ordinance and Correcting Outdated References to Town Code Sections for Other Violations
RECOMMENDATION:
Adopt a resolution (Attachment 1) approving changes to the Town’s Comprehensive Fine Schedule amending the fines for violations of the e-bike ordinance and tobacco retailing ordinance and correcting outdated references to Town Code sections for other violations.
BACKGROUND:
“Fines” are the amounts of the penalties for Town Code violations imposed pursuant to Section
1.30.025 of the Los Gatos Town Code. The Town’s FY 2023/24 Comprehensive Fine Schedule was presented and approved at the March 21, 2023, Town Council meeting. The Town establishes fines to monitor and discourage the behavior, not as a significate revenue generator.
DISCUSSION:
Tobacco Retailing Ordinance Fines
At the October 3, 2023 Town Council meeting, Council introduced an Ordinance titled, “An Ordinance of the Town Council of the Town of Los Gatos amending Section 18.60.020, ‘Permits for Retailers of Tobacco Products,’ of Article VI, ‘Smoking Regulations,’ of Chapter 18, ‘Miscellaneous Provisions,’ of the Town Code to increase fine amounts and amend the definition of ‘Tobacco Products’ to align with the Santa Clara County Ordinance.”
PAGE 2 OF 3
SUBJECT: Adopt a Resolution Approving Changes to the Town’s Comprehensive Fine Schedule Amending the Fines for Violations of the Tobacco Retailing Ordinance and the E-Bike Ordinance
DATE: October 26, 2023
DISCUSSION (continued):
The existing Ordinance requires tobacco retailers to obtain permits, prohibits the sale of flavored and electronic cigarette products, prohibits the sale of tobacco to minors, and provides for periodic monitoring to detect sales to minors. To align with the County’s current Tobacco Retailing Ordinance and the introduced Town Ordinance, the Fine Schedule should be amended as follows:
1) Increase the dollar amount of fines for violations of the Ordinance by a retailer with a permit from:
a. $100 to $1,000 for violation of first instance;
b. $200 to $2,500 for a second violation within a 60-month period; and c. $500 to $5,000 for a third violation within a 60-month period. 2) Increase the dollar amount of the fine for retailing tobacco products without a tobacco retailing permit from:
a. $100 to $2,500 for violation of first instance;
b. $200 to $5,000 for a second violation within a 60-month period; and c. $500 to $10,000 for a third violation within a 60-month period.
E-Bike Ordinance Fines
Earlier this year, the Town Council adopted an e-bike ordinance and the following fines associated with violations of the e-bike ordinance should be included in the Comprehensive Fine Schedule:
1) $50 for a first violation
2) $75 for a second violation
3) $100 for a third violation
Outdated References
The fine schedule also needs to be updated to correct several outdated references to Town Code sections for other violations.
Attachments 1 and 2 reflect these changes that would be effective immediately, pending Council consideration of this item.
PAGE 3 OF 3
SUBJECT: Adopt a Resolution Approving Changes to the Town’s Comprehensive Fine Schedule Amending the Fines for Violations of the Tobacco Retailing Ordinance and the E-Bike Ordinance
DATE: October 26, 2023
CONCLUSION:
It is recommended that Town Council approve the resolution to the Comprehensive Fine Schedule. If the Council approves the resolution, the changes become effective immediately.
FISCAL IMPACT:
The Town has an agreement with the County to enforce the tobacco retail regulations and collect fines. The Los Gatos-Monte Sereno Police Department enforces the e-bike ordinance.
The fiscal impact will be an increase in revenue if fines are charged.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Resolution approving Comprehensive Fine Schedule FY 2023/24, including Exhibit A Proposed FY 2023/24 Comprehensive Fine Schedule (Redline)
2. Proposed FY 2023/24 Fine Adjustments, Reclassifications, and Deletions
ATTACHMENT 1
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CONTINUING DEPARTMENT FINES, AND AMENDING CERTAIN FINES AND TOWN CODE REFERENCES FOR FY 2023/24
WHEREAS, per Resolution 2004-97 penalties for violation of the Los Gatos Town Code shall be set forth in a schedule; and
WHEREAS, the last update of the Town of Los Gatos Comprehensive Fine Schedule was adopted on March 21, 2023; and
WHEREAS, those fines currently in effect will remain in effect without interruption; and WHEREAS, the Town has adopted an e-bike ordnance and updated its tobacco retailer ordinance; and
WHEREAS, fines have been added for e-bike and tobacco retailer Town Code violations; and
WHEREAS, outdated references to Town Code sections have been updated;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE:
1. That Resolution 2023-013, “Resolution of the Town Council of the Town of Los Gatos Continuing Department Fines, and Amending Certain Fines for FY 2023/24” is hereby rescinded;
2. This Resolution is adopted; and
3. The Town of Los Gatos Comprehensive Fine Schedule, attached hereto as Exhibit A, shall become effective immediately.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 7 th day of
November 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: __________________
T O W N O F L O S G A T O S
C A L I F O R N I A
COMPREHENSIVE FINE
SCHEDULE
FISCAL YEAR 2023/24
EXHIBIT A
Coverphotos: Nancy barrerra, jeffjanoff, Julian, Karlak, and hunter
Town of Los Gatos FY 2023-2024 Comprehensive Fine Schedule
TABLE OF CONTENTS
Town Code Violations............................................................................................................ 1 Los Gatos California Fire Code................................................................................................ 5
Town of Los Gatos FY 2023-2024 Comprehensive Fine Schedule 1 FINES/PENALTIES –TOWN CODE VIOLATION
Per resolution 2004-97 penalties for violation of the Los Gatos Town Code shall be set forth as the below schedule, except:
The penalties for all violations of the Town Code not specifically set forth in the below schedule and do not involve violations of local building and safety codes shall be:
1. one hundred dollars ($100) for first violation;
2. two hundred and fifty dollars ($250) for second violation;
3. five hundred dollars ($500) for each additional violation within one year.
The penalties for all violations of the Town Code not specifically set forth in the below schedule and that involve violations of local building and safety codes and are not otherwise designated as misdemeanors shall be:
1. one hundred dollars ($100) for first violation;
2. five hundred dollars ($500) for second violation within one year;
3. one thousand dollars ($1,000) for each additional violation within one year.
The penalties for all knowing and willful violations of the Town Code shall be:
1. five hundred dollars ($500) for first violation;
2. one thousand dollars ($1,000) for each additional violation within thirty-six month thereafter.
For all California Vehicle Code violations, please contact the Superior Court of California County of Santa Clara.
Town of Los Gatos FY 2023-2024 Comprehensive Fine Schedule 2 FINES/PENALTIES – TOWN CODE VIOLATION
SECTION AMOUNT
1.30.025(c) 100% of fine
4.10.030(a) $150.00
4.10.030(c) $500.00
4.10.075
First offense $100.00
Second offense within 2 years $200.00
Third subsequent offense within 2 years $500.00
4.40.005 $100.00
4.40.015 $250.00
4.40.020 $250.00
4.80.050 $100.00
5.10.030
First Offense $50.00
Second Offense $75.00
Third Offense $100.00
5.10.040
First Offense $50.00
Second Offense $75.00
Third Offense $100.00
5.10.050 Racing
First Offense $50.00
Second Offense $75.00
Third Offense $100.00
5.10.060 Trick riding
First Offense $50.00
Second Offense $75.00
Third Offense $100.00
5.10.070 Riding in playgrounds or school grounds
First Offense $50.00
Second Offense $75.00
Third Offense $100.00
5.10.080 Parking
First Offense $50.00
Second Offense $75.00
Third Offense $100.00
6.20.155 6.30.01 $50.00
6.40.010 $100.00
6.80.010 $100.00
9.30.015 $100.00
11.40.060
11.10.055 $200.00
11.40.060
11.40.03 $100.00
$200.00
$500.00
Order to vacate
Storage of certain substances (populated area)
Illegal dumping (outside park)
Single use carry-out bags
First violation
Second violation within 1year
For each additional violation within 1 year
Animal bites, failure to report
Animals and Vehicles
Quarantine violation
Riding on sidewalks and pedestrian paths
Riding in groups
OFFENSE
Restraint of Dogs
Vaccination of dogs and cats
Registration of dangerous dogs
Penalty, abatement
Building permit requirements
Order to vacate or abate
Late Payment of Fines/Penalties
Town of Los Gatos FY 2023-2024 Comprehensive Fine Schedule 3 FINES/PENALTIES – TOWN CODE VIOLATION
SECTION AMOUNT
13.20.010
13.20.02 $100.00
13.20.885 $100.00
13.20.305 Permit Required for Storage of Hazardous Material $100.00
14.40.105 $100.00
14.100.020(a) $100.00
14.140.085
First offense Warning
Second offense $250.00
Third offense within 12-month period incurs fine and immediate revocation of the short-term rental license $500.00
15.10.025 Roller skating in street $100.00
15.10.030 Skateboarding or roller skating $100.00
15.10.035 Driving on private property $100.00
15.30.035 Entering intersections, etc., without sufficient space on other side $135.00
15.30.115 Cruising
First offense $100.00
Second offense $200.00
Third or subsequent offense within 2 years $250.00
15.40.015 Overtime Parking $42.00
15.40.060 Sleeping in vehicle after being warned $50.00
15.40.065 Vehicle Storage on Street $67.00
15.40.070 Commercial Vehicles in Residential Zones $67.00
15.40.075 For Sale/Non Emergency Repair $42.00
15.40.080 Preferential Parking $52.00
15.40.080(b) Permit Required Area $52.00
15.40.080(c) Fraudulent use of Permit $107.00
15.40.085 Posted no Parking Special Events $42.00
15.40.090 Parking on Parkway $42.00
15.40.095 Marked Parking Space $42.00
15.40.100 Parking on Grade $42.00
15.40.105 Designated Parking VC22507.8 $292.00
15.40.110 Marked Curb $42.00
15.40.275 Parking in Alleys Restricted to Loading or Unloading $42.00
15.50.015 Use of crosswalk by pedestrian $25.00
15.50.020 Pedestrian other than right angle $25.00
15.50.025 Standing in roadway $25.00
16.20.010 Curfew noise disturbance/Noise Limits $500.00
16.20.015 Exterior noise levels for residential zones $500.00
16.20.020 Exterior noise levels for multi-family residence $500.00
16.20.025 Noise levels for commercial / industrial zones $500.00
16.20.030 Public property noise limits $500.00
16.20.035 Construction $500.00
16.20.040 Amplified sound $500.00
16.20.045 Street sales $500.00
Short-term rentals
OFFENSE
Improper storage of hazardous material
Hazardous material
Peddlers / Solicitors
Special event
Town of Los Gatos FY 2023-2024 Comprehensive Fine Schedule 4 FINES/PENALTIES – TOWN CODE VIOLATION
SECTION AMOUNT
16.20.050 Animals and birds
First offense $50.00
Second offense within 2 years $200.00
Third or subsequent offense within 2 years $500.00
16.20.055 Motor vehicles $500.00
16.20.060 Powered equipment $500.00
16.30.010
16.20.010
Noise limits $500.00
18.10.015(a) Drinking in public $100.00
18.10.015(b) Open container in public $100.00
18.10.020 Meetings (disturbing) $100.00
18.10.025(2) Enter / remain in public while intoxicated $100.00
18.30.040 Violation of the Social Host Ordinance $1,500.00 Second or subsequent offense $3,000.00
18.20.060(m)
First Offense $1,000.00
Second Offense within a 60-month period $2,500.00
Third Offense within a 60-month period $5,000.00
18.20.060(n)
First Offense $2,500.00
Second Offense within a 60-month period $5,000.00
Third Offense within a 60-month period $10,000.00
18.50.010 Crowds, dispersement $100.00
18.70.010 Discharge of firearm, etc. in Town $200.00
18.70.035 Sling shot $200.00
19.10.020(1)-(5) Certain acts prohibited within park property $100.00
19.10.025(1)-(5) Behavior of persons within park property $100.00
19.10.025(6) Possess or ignite explosive, fireworks, rockets, etc $200.00
19.10.025(7) Make or kindle a fire except in approved locations $100.00
19.10.025(8)-(17) Behavior of persons within park property $100.00
19.10.027(1) Animals in Parks – Dogs off leash $100.00
19.10.027(2)-(6) Animals in parks – Other provisions $100.00
19.10.030(1)-(2) Sanitation requirements $100.00
19.10.035(1)-(9) Use of vehicles in parks (not subject to CVC or other Town Codes) $100.00
19.10.037(1)-(6) Use of bicycles in parks (not subject to CVC or other Town Codes) $100.00
19.10.037(1)-(6)
19.10.038
Use of skateboards, skates, scooters $100.00
19.10.040 Swimming or wadings in parks $100.00
19.10.050(1)-(3) Advertising, sale of merchandise in parks $100.00
19.10.055(1)-(2) Closing hours for parks, overnight activities prohibited $100.00
19.10.060 Closing sections of park $100.00
22.30.040 Storm water protections $100.00
28.20.030 Non-permit fine Taxicabs $100.00
OFFENSE
Penalties for tobacco retailing violation by a retailer with a permit Penalties for tobacco retailing without a permit
Town of Los Gatos FY 2023-2024 Comprehensive Fine Schedule 5 FINES/PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
106.2.1 Failure to obtain inspection-new installation $200.00 109.3.2 Failure to comply with notice I order $1,000.00 109.3.4 Destruction of signs - Unauthorized Tampering $200.00 301.1 Fire hazard prohibited (citations) $100.00
110 Unsafe buildings $200.00
401.8 Interference with Fire Department $200.00
105.1. 1 Unlawful to operate institutions without occupancy permit $200.00 503.2 Plans for access roads $100.00
507.5 Plans for fire hydrant systems $100.00
501.4 Access road and fire hydrant installation timing $100.00 507 Hydrant identification-reflective markers $100.00
505 Premises identification $100.00
901.6 Fire protection in recreational vehicle and mobile home parks $100.00 503.4 Closure of fire roads; obstruction-access road $200.00 504.2 Posting of signs on exterior doors blocked by storage $100.00 506.1 Key box $100.00
901.7 Notification of Fire Department for fire alarm servicing $100.00 901.8 Tampering with fire equipment $200.00
901.8 Tampering with fire hydrant or fire equipment $200.00 901.8.1 Tampering with barriers, etc. $200.00
507.5.4 Obstructing fire protection equipment $100.00
507.5.5 Clear space around hydrants $100.00
509.2 Fire extinguishing equipment obstruction $100.00
509.2 Fire alarm equipment obstruction $100.00
509.1 Identification of fire protection equipment $100.00 906 Sale of defective fire extinguishers $200.00
907 Fire alarm systems $200.00
307.1 Open burning $100.00
307.4.1 Bonfires $100.00
304.1.1 Accumulation of waste material $150.00
315.1 Storage and handling of readily combustible materials $100.00 315.3.4 Combustible storage in attics $100.00
807.1 Decorative material $100.00
801 Atrium furnishings $150.00
603.9 Protection of gas meters $100.00
603 Heating appliances $100.00
308 Use of open flame restricted $100.00
305.2 Discarding burning objects $100.00
305.2 Hot ashes and other dangerous materials $100.00
311.1 Vacant building (maintenance) $100.00
1003.6 Exit obstruction $200.00
Town of Los Gatos FY 2023-2024 Comprehensive Fine Schedule 6 FINES/PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
1010.1 Exit doors $200.00
1013 Exit illumination $200.00
1008.1 Lighting requirements-exit $200.00
3309 Reporting of fires $100.00
202 False alarms $100.00
1018.1 Aisles $150.00
1024.1 Use of exit ways $200.00
1013.1 Marking and lighting of exits $150.00
107.6 Overcrowding $200.00
308.1 Open flame $100.00
2311.2 Storage and use of flammable and combustible liquids in repair garages
$100.00
2311.2.3.1 Liquids drained from vehicles $150.00
2311.3 Source of ignition $100.00
2311.2.2 Oily waste materials $100.00
2803.1 Open yard storage $100.00
2803.2 Dust control $100.00
3103.8 Location of tents and air-supported structures $100.00 3103.9 Anchorage required $100.00
3104.2 Flame-retardant treatment $200.00
3104.12/13 Fire extinguishers and other fire protection equipment $100.00 3104.14 Occupant load $100.00
3103.12 Exits / Means of Egress $100.00
3103.12.8 Maintenance of exit ways $100.00
3103.12.7 Exit illumination $100.00
3104.6 Smoking $100.00
3104.7 Open Flame $100.00
3104.15 Heating and cooking equipment $100.00
3104.17.2 Storage of flammable or combustible liquid $150.00 3104.19 Generators $100.00
2108.1 Fire protection $100.00
2107.3 Solvent storage $100.00
2105.1.5.4 Public access Customer area $100.00
2105.1.1 Warning label and signs $50.00
2403.2.6 Smoking prohibited $100.00
2403.2.7 Welding warning signs $100.00
2403.2.1 Electrical wiring and equipment $100.00
2404.2 Location of spray-finishing operations $200.00
2404.3.2 Spray booths $100.00
2404.6.1.2 Dry filters – Drying Apparatus $100.00
2404.6 Sources of ignition $150.00
Town of Los Gatos FY 2023-2024 Comprehensive Fine Schedule 7 FINES/PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
2404.7 Ventilation of spray booths and spraying areas $100.00 2404.9 Limited spraying areas $50.00
2403.3 Storage and handling of flammable or combustible liquids $75.00 2404.4 Fire protection equipment $50.00
2404.5 Operation and maintenance $50.00
2404.6.1.2 Drying apparatus $50.00
2405.2 Location of dip tank operations $150.00
2405.7 Ventilation of vapor areas $100.00
2405.6 Sources of ignition $150.00
2405.4.1 Fire extinguishing equipment $100.00
2405.3.4 Dip tank covers $100.00
2405.9 Hardening and tempering tanks $100.00
2405.11 Coating operations $100.00
2407 Electrostatic apparatus $150.00
2408 Organic peroxides and dual-component coatings $100.00 2408.5 Source of ignition $100.00
5906.5.7 Fire extinguishing materials $100.00
5906.1 Handling of magnesium fines (fine magnesium scrap) $100.00 202 Hot work area $100.00
202 Location of cylinders $100.00
2905 Process building $100.00
2909 Storage of raw material and finished products $100.00 2906 Process mills, mixers and kettles $100.00
2904.1 Electrical equipment $100.00
2904.3 Protection against static electricity and lighting $100.00 2903.4 Fire protection $100.00
2901.3 Maintenance $100.00
2703.1 Emergency control station and alarms $100.00
2703.2.3 Piping and tubing $100.00
2703.4 Emergency plan $100.00
2703.13 Gas detection $100.00
2703.10 Fire protection $100.00
2703.15.1 Electrical equipment $100.00
2703.15.2 Ventilation requirements $100.00
2704 General storage requirements $100.00
2704.3.1 Inside HPM storage $100.00
2704.3.3 Separation of HPM $100.00
2705.3 Handling HPM in existing buildings $100.00
2705.3 Requirements for HPM gases $100.00
2705.3.2 Transportation of HPM in service corridors $100.00 2705.3.4 Design of carts and trucks $100.00
Town of Los Gatos FY 2023-2024 Comprehensive Fine Schedule 8 FINES/PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
2303.1 Location of dispensing operations $100.00
2303.1 Installation of dispensing devices $100.00
2304.1 Supervision of dispensing operations $100.00
2305.4 Sources of ignition $100.00
2305.6 Signs $100.00
2305.5 Fire protection $100.00
2305.7 Clearance of combustibles $100.00
2305.2 Maintenance $100.00
2306.2 Storage of fuel $100.00
2306.7 Dispensing $100.00
2301.5 Electrical equipment $100.00
2301.6 Heating equipment $100.00
2305.5 Fire protections $100.00
2306.7.9 Vapor recovery $100.00
2307.3 Attendants $100.00
2307.4 LPG dispensing location $100.00
2307.5 LPG dispensing equipment $100.00
2308.3 Location for CNG dispensing operations $100.00
2308.4 Private fueling of vehicles $100.00
2308.6 Manual shut off valve $100.00
2308.8 Discharge of CNG from vehicle fuel containers $100.00 3003.1 Ventilation $100.00
606.12.5 Ammonia discharge $100.00
606.7 Emergency signs and labels $100.00
5303.1 Compressed gas containers, cylinders and tanks $100.00 5303.4 Marking $100.00
5303.5 Security $100.00
5303.6 Valve protection $100.00
5303.7 Separation from hazardous conditions $100.00
5303.8 Wiring and equipment $100.00
5303.9 Service repair $100.00
5303.10 Unauthorized use $100.00
5303.11 Exposure to fire $100.00
5303.12 Leaks, damage or corrosion $100.00
5303.13 Surface or unprotected storage areas $100.00
5303.15 Lightning $100.00
5304 Storage $100.00
5305 Use and handling $100.00
5306 Medical gas systems $100.00
5503.1 Construction of containers $100.00
5503.1 Containers $100.00
Town of Los Gatos FY 2023-2024 Comprehensive Fine Schedule 9 FINES/PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
5503.2 Pressure relief devices $100.00
5503.4 Marking $100.00
5503.60 Electrical equipment $100.00
5505.1.2 Piping materials and construction $100.00
5505.4 Piping materials and construction $100.00
5505.5 Handling $100.00
2203.2 Housekeeping $100.00
2203.1 Smoking and open flames $100.00
5701.4 Permit and plans for flammable and combustible liquid storage electrical $100.00
5703.2 Fire protection $100.00
5703.4 Spill control and secondary containment $100.00
5703.5 Labeling and signs $100.00
5704.2.1 Change of tank contents $100.00
5704.2.3 Labeling and signs $100.00
5704.2.4 Sources of ignition $100.00
5704.2.5 Explosion control $100.00
5704.2.6 Separation from incompatible materials $100.00 5704.2.7 Design of tanks, containers and equipment $100.00 5704.2.8 Below grade vaults $100.00
5704.2.7.6 Inspection, repair, alteration or reconstruction of tanks and piping $100.00
5704.2.8.2 Seismic design $100.00
5704.2.7.3 Tank vents for normal venting $100.00
5704.2.9.6.1 Prohibited locations of above ground tanks $200.00 5704.2.9.6.2 Separation of tanks $100.00
5704.2.7.4 Emergency of relief venting for tanks $100.00 5704.2.7.5 Tank openings other than vents $100.00
5704.2.10 Drainage control and diking $100.00
5704.3 Container and portable tank storage outside of buildings $100.00 5704.2.9.5 Stationary above ground tank storage inside buildings $100.00 5704.3.3 Container and portable tank storage inside buildings $100.00 5704.2.11 Underground tank storage $100.00
5705.2 Liquid transfer $100.00
5705.3.6 Cleaning with Class I or II liquids $150.00
5706.2 Storage and dispensing at construction sites $100.00 5706.2.8 Tank vehicles and vehicle operation $100.00
5001.5 Permits required for hazardous materials $200.00 5001.5.1 Hazardous material management $100.00
5003.2.1 Design of containers, cylinders and tanks $100.00 5003.2.2 Piping, tubing, valves and fittings $100.00
Town of Los Gatos FY 2023-2024 Comprehensive Fine Schedule 10 FINES/PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
5003.2.3 Suitability of equipment $100.00
5003.2.4 Installation of tanks $100.00
5003.2.5 Empty containers and tanks $100.00
5003.2.6 Maintenance $100.00
5003.3 Release of hazardous material $1,000.00
5003.4 Material safety data sheets $100.00
5003.5 Identification signs $100.00
5003.6 Signs $100.00
5003.7 Sources of ignition $100.00
5003.8 Construction requirement $100.00
5003.9 General safety precautions $100.00
5003.10 Handling and transportation $100.00
5001.6 Facility closure $100.00
5001.4 Retail and wholesale storage and display $100.00 5001.1 Exempt amounts $100.00
5004 Storage, general $100.00
6004 Toxic and highly toxic compressed gases $100.00
6303 Oxidizers $100.00
6203 Organic peroxides $100.00
6403 Pyrophoric materials $100.00
6703 Water relative solids and liquids $100.00
6003 Highly toxic and toxic solids and liquids $100.00
6603 Radioactive materials $100.00
5403 Corrosives $100.00
5005.1.1 Separation from hazardous material storage $100.00 5004.2 Spill control $100.00
5005.1.5 Emergency power $100.00
5005.1.6 Supervision $100.00
5005.1.7 Lighting $100.00
5005.1.8 Fire extinguishing systems $100.00
5005.1.9 Ventilation $100.00
5304.1 Container position for gases $100.00
NFPA 55 Bulk oxygen systems $100.00
NFPA 55 Liquid transfer $100.00
6405.3 Silane $100.00
5005.2 Indoor dispensing and use $100.00
5005.3 Outdoor dispensing and use $100.00
5005.4 Handling $100.00
3205.2 Ignition sources $100.00
3205.4 Aisle maintenance $100.00
3206.3 Separation of high-piled storage areas $100.00
Town of Los Gatos FY 2023-2024 Comprehensive Fine Schedule 11 FINES/PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
3206.4 Fire sprinklers $100.00
3206.5 Fire detection $100.00
3206.6 Building access $100.00
3206.7 Smoke and heat removal $100.00
3206.8 Hose stations and hose connections $100.00
3206.9 Aisles $100.00
3206.10 Portable fire extinguishers $100.00
3207.2 Fire protection for solid-piled and shelf storage $100.00 3207.3 Pile dimensions and height limitations $100.00
3208.2 Fire protection for rack storage $100.00
3208.3 Flue spaces $100.00
3208.5 Extra-high rack storage systems $100.00
6103 Installation of equipment $100.00
6104 Location of containers $100.00
6105 Prohibited use of Lp-gas $100.00
6106 Dispensing $100.00
6107 Safety devices $100.00
6107.2 Smoking and other sources of ignition $100.00
6107.3 Clearance to combustibles $100.00
6107.4 Protecting containers from vehicles $100.00
6108 Fire protection $100.00
6109 Storage of portable containers awaiting use or resale $100.00 6110 Containers not in service $100.00
6111 Parking and garaging tank vehicles $100.00
4811.6 Smoking $100.00
6504 Film storage $100.00
605.9 Use of temporary wiring $100.00
605.1 Abatement of electrical hazards $100.00
605.8 Electrical motors $100.00
605.5 Extension cords $100.00
605.4 Multi plug adaptors $100.00
605.4.1 Power taps $100.00
605.3 Access to switchboards and panel boards $100.00
3301 Fire safety during construction $100.00
3304 Precautions against fire $100.00
5104 Storage of aerosol products $100.00
5106 Retail display of aerosol products $100.00
Fine Section and Name
FY 2023/24 Adopted Effective
July 1, 2023
FY 2023/24 Proposed Effective
Upon Resolution Adoption
First Offense: $50.00
Second Offense: $75.00
Third Offense: $100.00
First Offense: $50.00
Second Offense: $75.00
Third Offense: $100.00
First Offense: $50.00
Second Offense: $75.00
Third Offense: $100.00
First Offense: $50.00
Second Offense: $75.00
Third Offense: $100.00
First Offense: $50.00
Second Offense: $75.00
Third Offense: $100.00
First Offense: $50.00
Second Offense: $75.00
Third Offense: $100.00
First Offense: $1,000.00
Second Offense within a 60-month
period: $2,500.00
Third Offense within a 60-month
period: $5,000.00
First Offense: $2,500.00
Second Offense within a 60-month
period: $5,000.00
Third Offense within a 60-month
period: $10,000.00
6.20.155 Building permit requirements 6.20.155-Building permit requirements Section number updated to 6.30.01
9.30.015 Storage of certain substances (populated area)
9.30.015 Storage of certain substances
(populated area) Delete
11.40.060 Illegal dumping (outside park)
11.40.060 Illegal dumping (outside
park) Section number updated to 11.10.055
11.40.060 Single use carry-out bags 11.40.060 Single use carry-out bags Section number updated to 11.40.03
13.20.010 Improper storage of hazardous material
13.20.010 Improper storage of
hazardous material Section number updated to 13.20.02
13.20.885 Hazardous material 13.20.885 Hazardous material Delete
13.20.305 Permit Required for Storage of Hazardous
Material N/A $100.00
16.30.010 Noise Limits 16.30.010 Noise Limits
Section number updated to 16.20.010
and language added to 16.20.010
Curfew Noise Distrubrance
18.10.025(2) Enter/remain in public while intoxicated
18.10.025(2) Enter/remain in public
while intoxicated Delete
19.10.037 (1)-(6) Use of skateboards, skates, scooters
19.10.037 (1)-(6) Use of skateboards,
skates, scooters Section number updated to 19.10.038
FY 2023/24 Fine Adjustments, Reclassifications, Deletions and Additions Town Code Violations
18.60.020 (m) Penalties for Retailer with a Tobacco
Retailer Permit
Included in Town Code not Fine
Schedule
5.10.030 Riding on sidewalks and pedestrian paths Included in Town Code not Fine Schedule
5.10.040 Riding in groups Included in Town Code not Fine Schedule
5.10.050 Racing Included in Town Code not Fine
Schedule
5.10.060 Trick Riding Included in Town Code not Fine
Schedule
5.10.070 Riding in playgrounds or school grounds Included in Town Code not Fine Schedule
5.10.080 Parking Included in Town Code not Fine
Schedule
18.60.020 (n) Penalties for Retailer without a Tobacco
Retailer Permit
Included in Town Code not Fine
Schedule
ATTACHMENT 2
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 10
DATE: October 26, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution to Seek Membership in the American Association of Retired People (AARP) Network of Age-Friendly Communities RECOMMENDATION:
Adopt a Resolution to seek membership in the AARP Network of Age-Friendly Communities.
REMARKS:
The AARP has a Network of Age-Friendly Communities. Los Gatos was designated an AgeFriendly Community in 2017 by the World Health Organization. Cities can apply to join by filling out an application, including a resolution from the governing body and a letter from the Mayor.
This item seeks Council adoption of a Resolution which would be part of the Town’s application package.
The advantage of joining AARP’s Network includes technical assistance as well as eligibility for possible grant funding. Grant funding could be useful for implementing elements of the Senior Services Roadmap.
COORDINATION:
The preparation of the Resolution was coordinated with the Town Attorney.
FISCAL IMPACT:
There is no fiscal impact associated with the Resolution.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
PAGE 2 OF 2
SUBJECT: AARP Livable Communities
DATE: October 26, 2023
Attachment:
1. Draft Resolution
1 of 2
Resolution 2023- November 7, 2023
ATTACHMENT 1
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO SEEK
MEMBERSHIP IN THE AMERICAN ASSOCIATION OF RETIRED PEOPLE (AARP)
NETWORK OF AGE-FRIENDLY COMMUNITIES
WHEREAS, in 2017, the World Health Organization designated the Town of Los Gatos as a member of the Global Network of Age-Friendly Cities and Communities; and WHEREAS, the health and safety of community members of all ages is of highest concern to the Los Gatos Town Council as demonstrated in the adopted 2040 General Plan that guides the physical development of the community, including infrastructure investments; and WHEREAS, on February 7, 2023, the Town Council endorsed the Senior Services Roadmap as a ten-year plan to guide the revitalization of senior services in Los Gatos; and WHEREAS, on March 7, 2023, the Town Council directed Senior Services Roadmap year one implementation items to appropriate Town Commissions; and WHEREAS, members of the AARP Network of Age-Friendly Communities become part of a global network of communities that are committed to giving their older residents the opportunity to live rewarding, productive and safe lives; and WHEREAS, membership in the Network of Age-Friendly Communities includes access to financial assistance and technical expertise that may facilitate the Town’s implementation of the Senior Roadmap and other livable communities investments.
NOW, THEREFORE, BE IT RESOLVED, the Town of Los Gatos Town Council is committed to continuing its efforts to ensure Los Gatos is a well-designed, livable community that promotes health and sustained economic growth for residents of all ages, and the Town of Los Gatos seeks to apply to the AARP Network of Age-Friendly Communities.
2 of 2
Resolution 2023- November 7, 2023
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7th day of November, 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: __________________
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 10
DESK ITEM
DATE: November 7, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution to Seek Membership in the American Association of Retired People (AARP) Network of Age-Friendly Communities REMARKS:
Since the distribution of the staff report, staff has been in communication with AARP. Town staff learned that a jurisdiction does not need to be a member of the Age-Friendly Network to apply for financial assistance. Membership provides access to technical assistance and expertise. The Draft Revised Resolution in Attachment 2 contains this correction and should be the Resolution that Council considers with this agenda item.
Attachment Distributed with Staff Report:
1. Draft Resolution
Attachment Distributed with This Desk Item:
2. Draft Revised Resolution
1 of 2
Draft Resolution 2023- Date
ATTACHMENT 2
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO SEEK
MEMBERSHIP IN THE AMERICAN ASSOCIATION OF RETIRED PEOPLE (AARP)
NETWORK OF AGE-FRIENDLY COMMUNITIES
WHEREAS, in 2017, the World Health Organization designated the Town of Los Gatos as a member of the Global Network of Age-Friendly Cities and Communities; and WHEREAS, the health and safety of community members of all ages is of highest concern to the Los Gatos Town Council as demonstrated in the adopted 2040 General Plan that guides the physical development of the community, including infrastructure investments; and WHEREAS, on February 7, 2023, the Town Council endorsed the Senior Services Roadmap as a ten-year plan to guide the revitalization of senior services in Los Gatos; and WHEREAS, on March 7, 2023, the Town Council directed Senior Services Roadmap year one implementation items to appropriate Town Commissions; and WHEREAS, members of the AARP Network of Age-Friendly Communities become part of a global network of communities that are committed to giving their older residents the opportunity to live rewarding, productive and safe lives; and WHEREAS, membership in the Network of Age-Friendly Communities includes access to technical assistance and expertise that may facilitate the Town’s implementation of the Senior Roadmap and other livable communities investments.
NOW, THEREFORE, BE IT RESOLVED, the Town of Los Gatos Town Council is committed to continuing its efforts to ensure Los Gatos is a well-designed, livable community that promotes health and sustained economic growth for residents of all ages, and the Town of Los Gatos seeks to apply to the AARP Network of Age-Friendly Communities.
2 of 2
Draft Resolution 2023- Date
ATTACHMENT 2
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7th day of November, 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: __________________
PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Police Chief, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 11
DATE: October 27, 2023
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Authorize the Town Manager to Execute an Updated Agreement Between the Town of Los Gatos and the County of Santa Clara for Administration of the Town’s Tobacco Retail Permit Program
RECOMMENDATION:
Authorize the Town Manager to execute an updated agreement between the Town of Los Gatos and the County of Santa Clara for Administration of the Town’s Tobacco Retail Permit Program.
BACKGROUND:
The Town currently contracts with Santa Clara County to administer the Town’s Tobacco Retail Permit Program, which includes enforcement of the Town’s tobacco retailer ordinance. The County recently updated its ordinance regulating tobacco retailers. There are approximately 25 vendors in the Town who sell tobacco and tobacco products. In order to continue with Countyassisted enforcement of the Town’s ordinance, the Town was required to amend its ordinance to conform with the updated County ordinance.
At its October 3, 2023 meeting, the Town Council amended its Ordinance regulating tobacco retailers, which is codified at Town Code Section 18.60.020, to conform with the County ordinance.
Per the Town’s contract with Santa Clara County, the County administers the Town’s tobacco retailer permit program and enforces the Town’s ordinance. This includes the following activities: Handling tobacco retailer permit applications, issuing tobacco retailer permits,
PAGE 2 OF 2
SUBJECT: Agreement Between the Town of Los Gatos and the County of Santa Clara for Tobacco Retail Permit Program Administration Services
DATE: October 27, 2023
BACKGROUND (continued):
educating tobacco retailers, inspecting tobacco retailers, conducting compliance checks, and documenting violations.
DISCUSSION:
Minor revisions are proposed to the existing contract between the Town and the County.
Language has been added to provide that, in the event that the Town opts to designate a different entity than the County to administer the program or a hearing officer other than the County’s hearing officer, the Town will provide the County with 90 days’ notice.
The Council is asked to authorize the Town Manager to sign the revised agreement with the County.
CONCLUSION:
Authorize the Town Manager to execute the revised agreement between Town of Los Gatos and the County of Santa Clara for Tobacco Retail Permit Program Administration Services.
COORDINATION:
The Town Attorney’s Office has coordinated the terms and conditions of the agreement with the Police Department and Santa Clara County representatives.
FISCAL IMPACT:
There would be no fiscal impact as the proposed revisions require the Town to provide 90 days’ notice to the County in the event that the Town opts to make a change in administration of the program.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft First Amended and Reinstated Agreement
First Amended and Restated Agreement between the County of Santa Clara and the Town of Los Gatos ATTACHMENT 1 for a Tobacco Retail Permit Program
FIRST AMENDED AND RESTATED AGREEMENT BETWEEN
THE COUNTY OF SANTA CLARA
AND TOWN OF LOS GATOS FOR
A TOBACCO RETAIL PERMIT PROGRAM
This First Amended and Restated Agreement (“Agreement”) is entered into by and between the County of Santa Clara (“County”) and Town of Los Gatos (“Town”) relating to administration and enforcement of a tobacco retail permit program in the Town of Los Gatos. County and Town may be referred to in this Agreement individually as a “Party” and collectively as “Parties.” Background / Purpose
In 2010, the County added Chapter XXIII to Division A18 of its Ordinance Code (“Chapter XXIII”), thereby establishing a permit requirement for retailers of tobacco products in the unincorporated areas of the County of Santa Clara. The County has since expanded the scope of Chapter XXIII and modified provisions therein. The Town has adopted Town Code 18.06.020 to mirror the provisions of Chapter XXIII in their entirety, effective January 1, 2018, and intends to continue updating Town Code 18.06.020 to maintain consistency with Chapter XXIII. The Town and County intend for the County to administer and enforce the Town’s tobacco retail permit program (as described in Town Code 18.06.020) within the Town, except as otherwise provided in this Agreement. The County intends to cite violators of the Town’s Town Code 18.06.020 pursuant to this Agreement. Terms used in this Agreement, such as, but not limited to, “tobacco products” and “retailer,” shall be interpreted in accordance with Chapter XXIII and Town Code
18.06.020.
Agreement
The Parties agree as follows:
1. Designation
The Town hereby designates the County to enforce and administer the Town Ordinance.
The County shall act as the Town’s designee, as defined in section 18.60.020 (b).
2. Scope of Work
Each Party shall perform the work as described in Exhibit A, attached hereto and incorporated herein by this reference.
3. Legislative Consistency
The County’s administration and enforcement under this Agreement is contingent upon the Town’s adoption and maintenance of a Town Ordinance that is the same as the County Ordinance in all material respects.
3.1 Within 90 days of the County’s adoption of any material amendment to the County Ordinance, the City’s governing body shall consider and vote upon an amendment to the Town Ordinance that is the same as the County’s amendment in all material respects. If the Town does not adopt such an
First Amended and Restated Agreement between the County of Santa Clara and the Town of Los Gatos ATTACHMENT 1 for a Tobacco Retail Permit Program
amendment within 90 days of the County’s amendment to the County Ordinance, the County may, in its sole discretion, immediately terminate this Agreement by sending written notice to the Town.
3.2 If the Town wishes to amend the Town Ordinance other than to conform to the County’s prior amendment of the County Ordinance as set forth in Paragraph 3.1 above, the Town shall provide the County with the full text of the proposed amendment 120 days prior to adoption of such an amendment. If the Town adopts an amendment to the Town Ordinance other than to conform in all material respects to the County’s prior amendment of the County Ordinance, the County may, in its sole discretion, immediately terminate this Agreement by sending written notice to the Town.
3.3 If the Town intends to designate any other agency, entity, or individuals other than the County to act as the Town’s designee to administer or enforce any provisions of the Town Ordinance, as defined in section 18.60.020 (b), the Town shall provide the County with notice of the intended designation at least 90 days before the effective date of that designation. If the Town designates another agency, entity, or individuals other than the County pursuant to section 18.60.020 (b), the County may, in its sole discretion, immediately terminate this Agreement by providing written notice to the Town.
3.4 If the Town intends to designate any other agency, entity, or individuals other than the County Hearing Officer to act as the Town’s Hearing Officer, as defined in section 18.60.020 (b), the Town shall provide the County with notice of the intended designation at least 90 days before the effective date of that designation. If the Town designates any other agency, entity, or individuals other than the County to act as the Town’s Hearing Officer, as defined in section 18.60.020 (b), the County may, in its sole discretion, immediately terminate this Agreement by providing written notice to the Town.
3.5 The County shall have no responsibility for administering or enforcing any provisions of the Town Ordinance that are in addition to or otherwise materially different from the County Ordinance.
4. Relationship of Parties / Independent Contractors
Each Party shall perform all work described herein as an independent contractor and not as an officer, agent, servant or employee of the other Party. None of the provisions of this Agreement are intended to create, nor shall be deemed or construed to create, any relationship between the Parties other than that of independent parties contracting with each other for purpose of effecting the provisions of this Agreement. The Parties are not, and shall not be construed to be in a relationship of joint venture, partnership or employer-employee. Neither Party has the authority to make any statements,
First Amended and Restated Agreement between the County of Santa Clara and the Town of Los Gatos ATTACHMENT 1 for a Tobacco Retail Permit Program
representations or commitments of any kind on behalf of the other Party, or to use the name of the other Party in any publications or advertisements, except with the written consent of the other Party or as is explicitly provided herein. Each Party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any.
5. Term of Agreement
This Agreement is effective from the date that this Agreement is executed by all Parties, until terminated in accordance with this Agreement.
6. Payment
The Town shall adopt, by reference, the County’s fee schedule for annual tobacco retail permits and tobacco retail permit applications. All annual permit fees and application fees for the tobacco retail permit program shall be collected and retained by the County.
The County shall advise Town of the initial permit fee and application fee necessary to cover County’s anticipated costs under this Agreement. Thereafter, the County shall provide notice to the Town and tobacco retail permit holders in the Town of any increases or decreases in the cost of the County’s work under this Agreement and any need to revise permit fees and/or application fees accordingly.
7. Termination
Except as provided in paragraphs 3.1, 3.2, 3.3, and 3.4 above, which allow for immediate termination in the specified circumstances, either Party may terminate this Agreement for any reason upon ninety (90) days’ written notice. Upon service of a termination notice, the Parties shall use their best efforts to develop a mutually-agreeable plan for transition of the County’s responsibilities to the Town. Upon termination of this Agreement, the Town will be responsible for replacing the County-issued permits.
8. Indemnification and Insurance
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by Party shall not be shared pro rata but, instead, County and Town agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction
First Amended and Restated Agreement between the County of Santa Clara and the Town of Los Gatos ATTACHMENT 1 for a Tobacco Retail Permit Program
delegated to such other Parties under this Agreement.
Without limiting the indemnification both Parties shall maintain or cause to be maintained the following insurance coverage: (1) a policy of commercial general liability with limits of liability not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate; (ii) a policy of workers’ compensation providing statutory coverage; (iii) a policy of professional or public officials errors and omissions liability with limits of liability not less than one million dollars ($1,000,000) per occurrence/aggregate; and (iv) such other insurance or self-insurance as shall be necessary to insure it against any claim or claims for damages arising under the Agreement. Each Party’s insurance afforded by the commercial general liability policy shall be endorsed to provide coverage to the other Party as an additional insured. A Certificate of Insurance certifying that coverage as required herein has been obtained to the other Party. The requirements of this section may be satisfied by the provision of similar coverage through a self-insurance program.
9. Compliance with All Laws, Rules, Regulations, Policies and Procedures The Parties shall comply with all applicable federal, state and local laws, rules, regulations, policies and procedures.
10. Monitoring / Records
10.1 Monitoring
Each Party shall permit the other Party to monitor its performance of this Agreement. To the extent permitted by law, such monitoring may include, but not be limited to, audits and review of records related to this Agreement. Upon request, a Party shall provide the other Party with access to facilities, financial and employee records that are related to the purpose of the Agreement, except where prohibited by federal, state or local laws, regulations or rules. Monitoring shall be permitted at any time during normal business hours upon no less than 10 business days advance notice and may occur up to one year following termination of the Agreement.
Each Party shall designate a project director/coordinator responsible for overseeing that Party’s performance of this Agreement. Each Party shall notify the other Party in writing of the designation of the project director/coordinator and of any change thereto.
10.2 California Public Records Act
The Parties are public agencies subject to the disclosure requirements of the California Public Records Act (“CPRA”). In the event of a CPRA request for information related to this Agreement, each Party will use its best efforts to notify the other Party before such disclosure.
First Amended and Restated Agreement between the County of Santa Clara and the Town of Los Gatos ATTACHMENT 1 for a Tobacco Retail Permit Program
11. Representations and Warranties
11.1 Conflict of Interest
Each Party shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by either Party.
11.2 Authority
Each individual executing this Agreement on behalf of a Party represents that he or she is duly authorized to execute and deliver this Agreement on that Party’s behalf.
12. Assignment, Delegation, Subcontracting
Neither Party may assign any of its rights, delegate any of its duties or subcontract any portion of its work or business under this Agreement without the prior written consent of the other Party, which such other Party may withhold in its sole and absolute discretion.
No assignment, delegation or subcontracting will release a Party from any of its obligations or alter any of its obligations to be performed under the Agreement.
13. Governing Law, Jurisdiction and Venue
This Agreement shall be construed and its performance enforced under California law. In the event that suit shall be brought by either Party to this Agreement, the Parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara or, if federal jurisdiction is appropriate, exclusively in the United States District Court for the Northern District of California, in San Jose, California.
14. Waiver
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a Party must be in writing, and shall apply to the specific instance expressly stated.
15. Notice
Any notice required to be given by either Party, or which either Party may wish to give, shall be in writing and served either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows:
If to COUNTY: If to Town:
First Amended and Restated Agreement between the County of Santa Clara and the Town of Los Gatos ATTACHMENT 1 for a Tobacco Retail Permit Program
County of Santa Clara Public Health Department
Sara H. Cody, MD, Health Officer and Public Health
Director
976 Lenzen Avenue
San Jose, CA 95126
With a copy to:
Count of Santa Clara Public Health Department
Contracts and Compliance Unit
976 Lenzen Avenue, Second Floor
San Jose, CA 95126
Town of Los Gatos
Office of the Town Manager
Laurel Prevetti, Town Manager
110 E. Main St.
Los Gatos, CA 95030
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail. Either Party may designate a different person and/or address for the receipt of notices by sending written notice to the other Party.
16. Third Party Beneficiaries
This Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties.
17. Entire Agreement
This document represents the entire Agreement between the Parties with respect to the subject matter hereof. All prior negotiations and written and/or oral Agreements between the Parties with respect to the subject matter of this Agreement are merged into this Agreement.
18. Amendments
This Agreement may only be amended by a written instrument signed by the Parties.
19. Survival
The rights and duties under the following provisions shall survive the termination or expiration of this Agreement: Section 8 – Indemnification and Insurance; Section 10 – Monitoring/ Records; Section 11 – Conflicts of Interest; and Section 13 – Governing Law, Jurisdiction, and Venue, and in any instrument, certificate, exhibit, or other writing attached hereto and incorporated herein.
20. Severability
If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions and provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
First Amended and Restated Agreement between the County of Santa Clara and the Town of Los Gatos ATTACHMENT 1 for a Tobacco Retail Permit Program
21. Contract Execution
Unless otherwise prohibited by law or Town or County policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the Parties. //
//
//
22. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.
Signed:
County of Santa Clara: Town of Los Gatos
Gene Clark
Chief Procurement Officer
Date Laura Prevetti
Los Gatos Town Manager
Date
Approved as to Form and Legality: Attest:
Jessica Mar
Deputy County Counsel
Date Wendy Wood
Los Gatos Town Clerk
Date
First Amended and Restated Agreement between the County of Santa Clara and the Town of Los Gatos ATTACHMENT 1 for a Tobacco Retail Permit Program
Approved: Approved as to Form:
Sara H. Cody, MD
Health Officer and Public Health
Director
Date Gabrielle Whelan
Los Gatos Town Attorney
Date
Approved:
Tina Cordero
CSCHS Chief Fiscal Officer
Date
Exhibits to this Agreement:
Exhibit A: Scope of Work
First Amended and Restated Agreement between the County of Santa Clara and the Town of Los Gatos ATTACHMENT 1 for a Tobacco Retail Permit Program
EXHIBIT A
COUNTY OF SANTA CLARA AND TOWN OF LOS GATOS TOBACCO RETAIL PERMIT PROGRAM – DESCRIPTION OF ROLES BY AGENCY
County of Santa Clara
Department of Environmental Health
1. Provide permit applications to all new retailers selling tobacco products in the Town of Los Gatos and issue permits to eligible applicants.
2. Ensure all existing tobacco retail permits that meet and maintain eligibility requirements are renewed on an annual basis.
3. Maintain database tracking system for all permitted tobacco retailers.
4. Provide list of permitted tobacco retailers to Public Health Department and Town of Los Gatos on an annual basis or more frequently as requested.
5. Collect required permit fees.
6. Meet with all related personnel to: (1) coordinate enforcement strategy; and (2) develop/maintain policy and procedure for enforcement.
7. Conduct at least one annual inspection of tobacco retailers to ensure compliance with local, state, and federal laws (except sales to underage individuals).
8. Meet with all related personnel as necessary to: (1) coordinate post compliance check strategy; and (2) next steps for violations.
9. Conduct follow up inspections, including for complaints received by the public, if necessary, for ensuring compliance with the tobacco retail permit ordinance. Provide and promote a clear process for the public to file and track complaints for potential violations of the tobacco retail permit ordinance.
10. Respond to requests for information from Los Gatos tobacco retailers and the public regarding requirements under the tobacco retail permit ordinance.
11. Keep records of inspection outcomes for each tobacco retailer and provide annual inspection report summaries to a single point of contact at the Public Health Department.
12. Take enforcement action, as appropriate, to address violations.
13. Notify the Town of Los Gatos when Notice of Violations (NOVs) are issued as a result of violations of the ordinance.
14. Issue NOVs per Ordinance and ensure the tobacco retailer corrects violations and executes all required corrections identified in the NOV.
15. Coordinate with the Office of County Hearing Officer as appropriate on hearings, including to supply information on violations where an appeal is requested.
Public Health Department
1. Provide initial list of tobacco retailers to Department of Environmental Health to send out permit applications.
2. Obtain lists from California Department of Tax and Fee Administration and Los Gatos Finance Department to establish current list of tobacco retailers and monitor for any new retailers.
3. Provide on-going technical assistance to Department of Environmental Health on ordinance requirements. This may include trainings for inspectors, research on flavored and emerging products, and development of educational materials for tobacco retailers.
4. Map any new retailers to ensure they meet eligibility requirements related to distance from schools, distance from existing tobacco retailers, and that under the ordinance the retailer meets all other eligibility requirements.
First Amended and Restated Agreement between the County of Santa Clara and the Town of Los Gatos ATTACHMENT 1 for a Tobacco Retail Permit Program
5. If a business seeking a tobacco retail permit is deemed ineligible by the County due to ordinance requirements, including attaching any relevant documentation supporting the basis for business ineligibility (e.g. maps of business location; documentation of pharmacy license status; copies of 3 or more NOVs issued in a 60-month period.
6. Proactively engage the business community so that they are aware of the TRL ordinance (e.g., effective date, requirements, fines/penalties) as appropriate.
7. Coordinate with the Office of County Hearing Officer and County Counsel as appropriate on appeals hearings.
8. Provide an annual update to appropriate Los Gatos staff on enforcement and compliance activities and outcomes for the program.
Town of Los Gatos
Police Department
1. Conduct undercover decoy operations at tobacco retailers to ensure compliance with laws regarding sales of tobacco products to underage individuals. Prior to performing operations, notify Department of Environmental Health of planned operation dates.
2. Issue citations for any violations of laws regarding sales of tobacco products to underage individuals (e.g. PC § 308(a), Los Gatos Municipal Code Article VI Section 18.60.020, CA Business and Professions Code § 22958).
3. Immediately notify the Department of Environmental Health on outcomes of enforcement operations within 3-5 days of the performed operation. Provide copies of all documentation associated with the violation: a copy of the citation, written reports/records, or any additional evidence of violation (e.g. receipts, photo copies of the tobacco product sold to the underage individual) to the Department of Environmental Health.
4. Coordinate with the Office of County Hearing Officer and County Counsel as appropriate on appeals hearings.
Finance Department
1. Route business licensing applications for any new tobacco retailers to a designated contact at the County Public Health Department to determine permit eligibility. Any business that sells tobacco products is subject to the requirements under the Tobacco Retail Permit ordinance.
2. Route new and renewal business licensing applications to County Public Health and Environmental Health to ensure there has not been changes in ownership at the business.
Town Manager’s Office
1. Publish information on the Town of Los Gatos’s website on the tobacco retail permit ordinance, for example: where tobacco retailers can get more information on the requirements for selling tobacco in Los Gatos, and how the public can file a complaint or request more information about the tobacco retail permit ordinance.
2. Act as a resource to other cities that may be interested in a similar partnership with the County.
3. Update ordinance as needed in collaboration with Town Attorney and the County Departments.
PREPARED BY: Katy Nomura
Assistant Town Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 12
DATE: October 30, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve a Side Letter of Agreement Between the Town of Los Gatos and the Town Employee Association (TEA) to establish a “Retention and Recruitment Bonus” for Dispatch Classifications Beginning July 9, 2023 and Ending June 30, 2024, Authorize the Town Manager to Execute the Side Letter, and Authorize a FY 2023/24 Expenditure Budget Adjustment in the Amount of $103,100 from the Capital/Special Projects Reserve
RECOMMENDATION:
Approve a Side Letter of Agreement between the Town of Los Gatos and the Town Employee Association (TEA) (Attachment 1) to establish a “Retention and Recruitment Bonus” for Dispatch classifications beginning July 9, 2023 and ending June 30, 2024, authorize the Town Manager to execute the Side Letter, and authorize a FY 2023/24 Expenditure budget adjustment in the amount of $103,100 from the Capital/Special Projects Reserve.
BACKGROUND:
Public safety departments throughout the nation and State are experiencing a staffing crisis.
The attrition in Police Officers and Dispatchers is attributed to the COVID-19 pandemic, public protests, heightened anti-Police sentiment, reallocation of funding known as “Defund the Police,” accelerated resignations and retirements, and a diminished applicant pool.
The Los Gatos-Monte Sereno Police Department (LGMSPD) faces the same challenges. The Town and the Department have implemented innovative recruitment strategies, including the direct involvement of existing staff in outreach and promotion of our opportunities. The Department has also invested in its culture of community policing, wellness, and training to retain qualified personnel. Unfortunately, higher paying public safety agencies are
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SUBJECT: Approve a Side Letter of Agreement Between the Town of Los Gatos and the Town Employee Association (TEA)
DATE: October 30, 2023
BACKGROUND (continued):
incorporating retention pay and other fiscal incentives, while simultaneously emphasizing a healthy organizational culture to prevent loss of personnel.
The LGMSPD is a high-performing agency with an emphasis on maintaining exceptional standards in customer service, both internally and externally. To that extent, the LGMSPD must be able to recruit and retain high quality personnel that exemplify these values.
Dispatch has eight budgeted positions. Currently there are six operational Dispatchers and one in training. In collaboration with the Town’s Human Resources Department, the Town is continuously recruiting, interviewing, backgrounding, and offering Dispatch positions.
DISCUSSION:
It is imperative for the Town to incentivize and retain LGMSPD Dispatchers in this ultracompetitive hiring environment, coupled with a historically low pool of qualified applicants. For this reason, the proposed Side Letter offers a modest $577 per pay period retention bonus for full-time Dispatchers that have successfully completed the required Dispatch training program.
The bonus is non-PERSable. The proposal is estimated to cost no more than $103,100.
The approval of the Side Letter is expected to incentivize staff to stay with LGMSPD as they may be considering other opportunities with more competitive compensation packages and bonuses. The Side Letter also demonstrates recognition and appreciation of the Dispatchers for their extra duties and overtime to assist the community during this period of staffing shortage.
The recommended retention bonus is short-term for the entirety of Fiscal Year 2023-24.
CONCLUSION:
Staff has met its obligation to meet and confer with the Town Employee Association (TEA) on the proposed Side Letter. TEA has indicated support for the proposal. Therefore, it is recommended that the Side Letter of Agreement be approved, and the Town Manager be authorized to execute the Side Letter.
COORDINATION:
The preparation of this report was coordinated with the Human Resources Department, Police Department, Finance Department, Town Attorney’s Office, and Town Manager’s Office.
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SUBJECT: Approve a Side Letter of Agreement Between the Town of Los Gatos and the Town Employee Association (TEA)
DATE: October 30, 2023
FISCAL IMPACT:
To implement the Side Letter, Town Council must also authorize an expenditure budget adjustment in the amount of $103,100 from the Capital/Special Projects Reserve.
The longer-term fiscal benefits include reducing overtime costs and improving retention to provide essential public safety services to the community.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Side Letter of Agreement Between Town of Los Gatos and Los Gatos-Monte Sereno Police Department Town Employee Association (TEA)
SIDE LETTER OF AGREEMENT
BETWEEN THE
TOWN OF LOS GATOS AND THE TOWN EMPLOYEES’ ASSOCIATION
Due to critical and unprecedented retention issues currently faced by the Los Gatos-Monte Sereno Police Department, the Town of Los Gatos (Town) and the Town Employees’ Association (TEA), collectively referred to as "parties," having met and conferred in good faith, agree as follows:
1. Retroactive to the first full pay period of July 2023, the Town shall pay full-time Communications Dispatchers, Communications Dispatcher Leads, and Senior Communications Dispatchers (collectively referred to as “Dispatchers”), who are in a paid work status and have successfully completed the required dispatch training according to the Lead Communications Dispatcher, a non-pensionable lump sum payment of $577 per pay period. The Town shall continue to pay $577 per pay period to Dispatchers who are in a paid work status through June 30, 2024, for up to no more than twenty-six (26) consecutive pay periods, subject to the below conditions.
2. Dispatchers who are not in a paid work status will not receive any amount of additional pay for that pay period under this side letter.
3. As used here, “paid work status” means when a Dispatcher is receiving full or partial compensation by the Town in a pay period through regular pay or approved paid leave.
Employees who are not employed by the Town for a full pay period will receive a prorated amount.
4. The Lead Communications Dispatcher will inform the Town of the date on which Dispatchers have successfully completed the required dispatch training program in order for those Dispatchers to be eligible for the additional pay after that date. For the purposes of this side letter, this date cannot be within four months of the Dispatcher’s hire date.
5. The parties agree that the Town will not report the payments as pensionable to CalPERS. The Parties further agree that the employee shall be responsible for any employee obligation that arises should CalPERS deem the monthly pay reportable compensation.
6. It is understood that such payment is taxable income and will be subject to appropriate deductions.
7. This side letter, and all monetary benefits contained herein, expires on June 30, 2024, and shall have no further force, effect, or validity after that date.
8. The parties agree that this side letter is not subject to any applicable grievance or other appeal procedure. Clarifications and corrections may be requested if payments are believed to be incorrectly calculated. After review of such requests, the Town’s decision on the proper calculation of the payments is final.
9. If the economic impacts of this side letter exceed the amount budgeted by the Town, the Town may reopen this side letter to address such unintended economic impacts.
10. The parties agree that this side letter is subject to Council approval.
FOR TEA: TOWN OF LOS GATOS:
______________________________ ________________________________ Christine Crossen, Laurel Prevetti, Town Manager
Communications Dispatcher Lead
______________________________
Sean Mullin
Senior Planner
APPROVED AS TO FORM:
________________________________
Gabrielle Whelan, Town Attorney
PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Town Clerk
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 13
DATE: October 20, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Enabling Resolution to Change the Name of the Parks Commission to the Parks and Sustainability Commission and Add Appropriate Powers and Duties and Rescind Resolution 2016-057; and Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Town Code Section 19.20.010, ‘Parks and Recreation – Created’ and Section
26.10.070, ‘Trees and Shrubs – Appeals’ to Update Reference to Parks Commission to Parks and Sustainability Commission”
RECOMMENDATION:
Adopt an enabling resolution to change the name of the Parks Commission to the Parks and Sustainability Commission and add appropriate powers and duties and rescind resolution 2016- 057 (Attachment 1); and introduce an ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Town Code Section 19.20.010, ‘Parks and Recreation – Created’ and Section 26.10.070, ‘Trees and Shrubs – Appeals’ to Update Reference to Parks Commission to Parks and Sustainability Commission” (Attachment 2).
BACKGROUND:
On October 17, 2023, the Town Council directed staff to return with a revision to the enabling resolution of the Parks Commission to change its name to the Parks and Sustainability Commission and expand its mission to incorporate issues to sustainability with a natural resource focus.
DISCUSSION:
Staff has reviewed the Town Code, the Parks Commission enabling resolution, and the 2040
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SUBJECT: Adopt a Resolution and Introduce an Ordinance to create the Parks and Sustainability Commission
DATE: October 20, 2023
DISCUSSION (continued):
General Plan’s Sustainability Element. The proposed amended resolution and ordinance reflect the change of the Commission’s name and proposes changes to the Commission’s mission to reflect taking on those aspects of the General Plan that relate to open space and natural resource-based goals.
CONCLUSION:
The proposed resolution and ordinance align with the Town Council direction from October 17, 2023. If the updated resolution and ordinance are approved, the renamed Commission will begin its work at its next regular meeting in December 2023.
COORDINATION:
This staff report was coordinated with the Town Manager, Assistant Town Manager, Town Clerk, Finance Director, and Town Attorney.
FISCAL IMPACT:
None.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Resolution
2. Redline Draft Ordinance
3. Clean Draft Ordinance
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Resolution 2023 Date
ATTACHMENT 1
DRAFT RESOLUTION 2023
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 2016-057 AND ADOPTING AN ENABLING RESOLUTION TO
CREATE THE PARKS AND SUSTAINABILITY COMMISSION
WHEREAS, Town Code Section 19.20.010 of the Los Gatos Town Code provides that the Town Council shall establish a Parks Commission for the Town by resolution; and WHEREAS, on July 1, 2002, The Town Council established a Park Commission; and WHEREAS, on October 17, 2023, the Town Council approved changing to the name of the Parks Commission to the "Parks and Sustainability Commission;" NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos, that the Town Council does hereby approve:
1. Changing the name of the Parks Commission to the "Parks and Sustainability Commission;” and
2. Establishing the terms and conditions for appointment to and conduct of the Parks and Sustainability Commission as follows:
Membership/Organization
a. The Parks and Sustainability Commission shall consist of seven (7) members: six (6) adult voting members appointed by Council, whose terms of office shall be three (3) years and until their successors are appointed by Council and one (1) Youth Commissioner as a voting member, appointed by the Youth Commission, whose term of office shall be for one (1) year with no limitations on reappointment.
b. All adult members of the Commission shall reside within the incorporated municipal limits of the Town of Los Gatos, California.
c. Commission members shall serve without compensation, provided that, with advance budgetary approval of the Town Council, the actual and necessary expenses (if any) incurred by the members in the conduct of Town business shall be reimbursable pursuant to the provisions of the current Administrative Policy. d. 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 (Government Code Sections 54950 and following)
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Resolution 2023 Date
ATTACHMENT 1
e. A majority of members of the Parks Commission shall constitute a quorum for the purpose of transacting the business of the Commission.
f. The Parks Commission shall elect a Chair and a Vice-Chair, both of whom shall serve at the pleasure of the Commission. Terms of office shall be for one (1) year. g. Staff services as required shall be provided to the Parks Commission by the Parks and Public Works Director, or his/her designee.
h. Meeting attendance requirements will conform with all current Town Resolutions and Policies.
i. A record of all minutes and resolutions of the Commission shall be kept and shall be a public record.
3. Establishing the Commission as an advisory body to the Town Council which operates in the manner hereinafter prescribed as follows:
Powers and Duties
a. The function of the Commission shall be to serve in an advisory capacity to the Town Council regarding Town policies within its scope of expertise; specifically, on matters pertaining to public parks, off-street trails, open space, grounds, street trees and sustainability topics pertaining to the natural environment. b. With the prior approval of, and/or at the direction of, the Town Council or its delegate, the Commission shall receive public input, evaluate options, and make recommendations on policy issues including, but not limited to, the following:
1. Policies and procedures on park, trail, open space, and street tree programs.
2. Policies and procedures relating to sustainability of the natural environment, such as landscape maintenance, water usage, ecosystem protection, and educational programs on these topics.
3. Inventories of park, trail, open space, and street tree services that exist or may be needed, and of the needs of the public regarding these services.
4. Coordination of park, trail, open space, street tree and sustainability services with the programs of other governmental agencies and voluntary organizations.
BE IT FURTHER RESOLVED that Resolution 2106-057 is hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7
th day of November 2023 by the following vote:
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Resolution 2023 Date
ATTACHMENT 1
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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Ordinance November 7, 2023
ATTACHMENT 2
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 19.20.010, “PARKS AND RECREATION - CREATED” AND SECTION 26.10.070, “TREES AND SHRUBS – APPEALS” TO UPDATE REFERENCE TO PARKS COMMISSION TO PARKS AND SUSTAINABILTY COMMISSION.” WHEREAS, Section 19.20.010, “Parks and Recreation – Created” and Section 26.10.070, “Trees and Shrubs – Appeals” reference a “Parks Commisssion;” and WHEREAS, the Town Council has voted to add Sustainability issues to the duties of the “Parks Commission” and to rename it the “Parks and Sustainability Commission:” and WHEREAS, the Town Council deems it necessary to amend Section 19.20.010, “Parks and Recreation – Created” and Section 26.10.070, “Trees and Shrubs – Appeals” reference Parks Commisssion, to update references to “Parks Commission” to “Parks and Sustainability Commission” in the Town Code;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS as follows:
SECTION I. Section 19.20.010, “Parks and Recreation – Created,” of the Town Code is hereby amended to read as follows:
Sec. 19.20.010. Created.
The Town Council shall establish a Parks and Sustainability Commission for the Town by resolution.
(Ord. No. 2212, § I, 2-4-13)
SECTION II. Section 26.10.070, “Trees and Shrubs – Appeals” reference of the Town Code is hereby amended to read as follows:
Sec. 26.10.070. Appeals.
(a) Decisions of the Director under the provisions of sections 26.10.055, 26.20.010, 26.20.015, and 26.10.060(a) and (c) (in instances involving trees located on private property only), and 26.10.060(e), and 26.30.010 concerning notices to cut down, trim or remove a tree, only, are appealable to the Parks and Sustainability Commission. Appeals shall be commenced by filing a written notice of appeal with the Secretary of the Parks and Sustainability Commission within ten (10) days after the property owner or possessor of land is notified of the decision. The notice of appeal shall state the name and address of the appellant, the location of the tree, including the street address of the property most likely to assist in locating the tree if there is such address, a description sufficient to
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Ordinance November 7, 2023
ATTACHMENT 2
identify the tree, describe the specific action of the Director which is the subject of the appeal, and state the grounds for the appeal.
(b) Determinations of the Parks and Sustainability Commission under the provisions of this chapter, including determinations on appeal from decisions of the Director, are appealable to the Town Council. Appeals shall be commenced by filing a written notice of appeal with the Town Clerk within ten (10) days after the property owner or possessor of land is notified of the decision. The notice of appeal shall state the name and address of the appellant, shall describe the determination or decision appealed from, and shall state the grounds for appeal.
(c) Any interested person may appeal.
(d) All appeals under the provisions of this chapter shall be determined after hearing by the appellate body of all of the evidence concerning the determination from which the appeal is taken.
( Ord. No. 2240, § I(Exh. A), 6-2-15 )
SECTION III. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The Town Council of the Town of Los Gatos declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.
SECTION IV. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061{b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
SECTION V. PUBLICATION. The Town Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the Town of Los Gatos and shall cause this ordinance or a summary thereof to be published in accordance with Section 36933 of the California Government Code.
SECTION 5. EFFECTIVE DATE. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the ____ day of _____ 20 . This ordinance takes effect 30 days after it is adopted.
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ATTACHMENT 2
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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ATTACHMENT 3
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 19.20.010, “PARKS AND RECREATION - CREATED” AND SECTION 26.10.070, “TREES AND SHRUBS – APPEALS” TO UPDATE REFERENCE TO PARKS COMMISSION TO PARKS AND SUSTAINABILTY COMMISSION” WHEREAS, Section 19.20.010, “Parks and Recreation – Created” and Section 26.10.070, “Trees and Shrubs – Appeals” reference a “Parks Commisssion;” and WHEREAS, the Town Council has voted to add Sustainability issues to the duties of the “Parks Commission” and to rename it the “Parks and Sustainability Commission:” and WHEREAS, the Town Council deems it necessary to amend Section 19.20.010, “Parks and Recreation – Created” and Section 26.10.070, “Trees and Shrubs – Appeals” reference Parks Commisssion, to update references to “Parks Commission” to “Parks and Sustainability Commission” in the Town Code;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS as follows:
SECTION I. Section 19.20.010, “Parks and Recreation – Created,” of the Town Code is hereby amended to read as follows:
Sec. 19.20.010. Created.
The Town Council shall establish a Parks and Sustainability Commission for the Town by resolution.
(Ord. No. 2212, § I, 2-4-13)
SECTION II. Section 26.10.070, “Trees and Shrubs – Appeals” reference of the Town Code is hereby amended to read as follows:
Sec. 26.10.070. Appeals.
(a) Decisions of the Director under the provisions of sections 26.10.055, 26.20.010, 26.20.015, and 26.10.060(a) and (c) (in instances involving trees located on private property only), and 26.10.060(e), and 26.30.010 concerning notices to cut down, trim or remove a tree, only, are appealable to the Parks and Sustainability Commission. Appeals shall be commenced by filing a written notice of appeal with the Secretary of the Parks and Sustainability Commission within ten (10) days after the property owner or possessor of land is notified of the decision. The notice of appeal shall state the name and address of the appellant, the location of the tree, including the street address of the property most likely to assist in locating the tree if there is such address, a description sufficient to
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identify the tree, describe the specific action of the Director which is the subject of the appeal, and state the grounds for the appeal.
(b) Determinations of the Parks and Sustainability Commission under the provisions of this chapter, including determinations on appeal from decisions of the Director, are appealable to the Town Council. Appeals shall be commenced by filing a written notice of appeal with the Town Clerk within ten (10) days after the property owner or possessor of land is notified of the decision. The notice of appeal shall state the name and address of the appellant, shall describe the determination or decision appealed from, and shall state the grounds for appeal.
(c) Any interested person may appeal.
(d) All appeals under the provisions of this chapter shall be determined after hearing by the appellate body of all of the evidence concerning the determination from which the appeal is taken.
( Ord. No. 2240, § I(Exh. A), 6-2-15 )
SECTION III. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The Town Council of the Town of Los Gatos declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.
SECTION IV. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061{b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
SECTION V. PUBLICATION. The Town Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the Town of Los Gatos and shall cause this ordinance or a summary thereof to be published in accordance with Section 36933 of the California Government Code.
SECTION 5. EFFECTIVE DATE. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the ____ day of _____ 20 . This ordinance takes effect 30 days after it is adopted.
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ATTACHMENT 3
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: __________________
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 14
DATE: October 24, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Provide Any Requested Modifications to the Proposed Joint Powers Agreement to Create the Cities Association of Santa Clara County Joint Powers Agency
RECOMMENDATION:
Discuss and provide any requested modifications to the proposed Joint Powers Agreement to create the Cities Association of Santa Clara County Joint Powers Agency.
BACKGROUND:
In 1990, the 15 cities and towns in Santa Clara County (member agencies) established the Cities Association of Santa Clara County (CASCC or Cities Association) to improve coordination and collaboration on issues that affected all participating communities, including but not limited to clean energy, housing, and economic development. The CASCC was also formed to consolidate and maintain the functions of a City Selection Committee for Santa Clara County and other coordinating bodies with elected officials from the same jurisdictions. In 2010, the CASCC adopted its bylaws. Currently, the CASCC is an unincorporated association.
In 2017, the CASCC began reviewing and considering the appropriate organizational structure for the CASCC to provide clarity regarding tax status, governmental immunities, and potential liability of the member agencies. One option was a 501(c)(4) nonprofit organization; however, the Board determined that a joint powers authority government structure aligned best with the goals and purpose of the CASCC. In August 2020, its Board of Directors unanimously voted to take the steps necessary to form a joint powers authority to provide a more formal structure for CASCC.
To form a joint powers authority (JPA), a Joint Powers Authority Agreement (Agreement) must be approved by the CASCC Board of Directors and then executed by each member agency that wishes to join the JPA. If approved, the new JPA would be called the Cities Association of Santa Clara County Joint Powers Agency.
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SUBJECT: Discuss the Proposed Joint Powers Agreement to Create the Cities Association of Santa Clara County Joint Powers Agency.
DATE: October 24, 2023
BACKGROUND (continued):
In September 2023, the CASCC Board unanimously approved transmittal of the draft Agreement to the member agencies’ City/Town Councils for their consideration prior to the CASCC Board meeting of November 9, 2023. Councilmember Rennie is Los Gatos’ representative on the Cities Association Board.
Cities and towns throughout Santa Clara County are now considering the proposed Agreement.
Some are likely to approve the Agreement as drafted, others are likely to request additional changes prior to approval, and at least two cities (Gilroy and Milpitas) have indicated that they will not be joining the JPA.
This agenda item provides the Town Council the opportunity to discuss the Agreement and provide any requests for modifications. Staff anticipates that there will be substantive changes to the Agreement after the potential participating cities have reviewed it. For this reason, the final Agreement will return to Council at a later date.
DISCUSSION:
The JPA Agreement (Attachment 1) restates the same purposes expressed for the original creation of the CASCC. Consistent with the Joint Exercise of Powers Act (Government Code section 6500 et seq.), the Agreement defines the power and authority of the JPA. To address concerns raised by member agencies, the JPA would be specifically prohibited from acquiring real property, levying taxes, hiring employees, or exercising any eminent domain power. The staff support for the JPA would occur through contracted services.
The CASCC Executive Board would be replaced by an Executive Committee. The Executive Committee may only take on those powers approved by the Agency’s Board of Directors. For example, the Executive Committee is not permitted to authorize any investigations into the business of the JPA without the Board's approval.
Like the CASCC, the JPA would also be charged with administering the City Selection Committee (CSC), which is a state-mandated entity charged with making appointments to various regional and local boards and committees. Each city and town in Santa Clara County would continue to participate in the CSC even if the city or town is not a member of CASCC. Appointments to the local boards and committees would be based on majority votes of the city/town CSC representatives.
CONCLUSION AND NEXT STEPS:
The Los Gatos Town Council should discuss the proposed Agreement and provide any comments. If the Town Council has proposed modifications to the Agreement, the Town
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SUBJECT: Discuss the Proposed Joint Powers Agreement to Create the Cities Association of Santa Clara County Joint Powers Agency.
DATE: October 24, 2023
CONCLUSION AND NEXT STEPS (continued):
Manager would transmit the requested modifications to the CASCC Board for consideration at its November 9, 2023 meeting.
It is likely that the CASCC Board will be considering substantive changes to the Agreement at its November meeting. For this reason, the Town Council will be asked to approve the final version of the Agreement after the CASCC Board has concluded its work.
If the JPA is formed, one of the next steps is for the Board to update the existing bylaws. In conjunction with the future bylaws for the JPA, the CASCC plans to prepare a personnel policy handbook which would include policies that apply to the organization’s independent contractors and Board members.
COORDINATION:
The preparation of this report was coordinated with the Town Attorney. In addition, the City Managers and City Attorneys in Santa Clara County reviewed the draft Agreement and provided comments to the Cities Association and its legal team. The Cities Association contract staff represented that those comments have been addressed in the draft Agreement (Attachment 1).
FISCAL IMPACT:
As has been the case for many years, the dues structure is based on the size of each member agency and the Board has expressed a desire not to increase the membership dues for next fiscal year. In the event not all 15 cities join the JPA, the proposed budget would preserve the same dues, and the Board would need to identify cost savings to arrive at a balanced budget.
Contract staff are talking about requesting a Consumer Price Index adjustment for dues in future years; however, the Board has not considered this proposal.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Proposed Joint Powers Agreement with the Cities Association
1 JOINT POWERS AGENCY AGREEMENT FOR CITIES ASSOCIATION OF SANTA CLARA COUNTY This Joint Powers Agreement (“Agreement” or “JPA”) for the Cities Association of Santa Clara County is entered into by and among the cities (“Members”), which are organized and existing under the Constitution and laws of the State of California in which public agencies are located in the County of Santa Clara, and upon approval and full execution of the Agreement, creates the Cities Association of Santa Clara County Joint Powers Agency (“Agency”).
RECITALS
WHEREAS, Articles 1 and 2, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permit two or more public agencies by agreement to jointly exercise powers common to the Members; and
WHEREAS, the public agency Members executing this JPA are cities or towns within the jurisdiction of the County of Santa Clara (“County”); and WHEREAS, the Cities Association of Santa Clara County has existed as an unincorporated association since 1990 and desires to formalize the relationship between its City and Town members and form a Joint Powers Agency in order to carry out activities for the good of all its Members; and WHEREAS, the Members executing this Agreement, desire to join together to create a separate Joint Powers Agency for the purpose of promoting cooperation among the Members; advocating for positive action; enhancing the quality of life for the residents of the County and their individual cities; and encouraging other joint and cooperative endeavors among the public agencies for their mutual benefit.
NOW, THEREFORE, the Parties agree to the following:
AGREEMENT
ARTICLE 1 - DEFINITIONS
1.1 “Associate Member” shall mean any non-city local agency, located within jurisdictional authority of the County of Santa Clara, and shall have duly executed and delivered to the Agency an Associate Membership Agreement in the form of and as further provided in the Bylaws of the Agency, as further provided in Article 32 herein.
1.2 “Agency” shall mean the Cities Association of Santa Clara County Joint Powers Agency created by this Agreement.
1.3 “Board of Directors” or “Board” shall mean the governing body of the Agency.
1.4 “Executive Committee” shall mean the Executive Committee of the Board of Directors of the Agency.
ATTACHMENT 1 Page 136
2 1.5 “Fiscal Year” shall mean that period of twelve (12) months which is established by the Board of Directors or the Bylaws as the fiscal year of the Agency, which shall run from July 1 to June 30 of each year.
1.6 “Government Code” shall mean the California Government Code, as amended.
1.7 “Joint Powers Law” shall mean Articles 1 and 2, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code, known as the Joint Exercise of Powers Act, as amended.
1.8 “Legislative Body” shall mean the legislative board of each Public Agency that is a Member of the Agency.
1.9 “Member” shall mean any city which has executed this Agreement and has become a member of the Agency. The complete list of Members is set forth in Exhibit “A” attached hereto and incorporated herein by this reference.
1.10 “Parties” shall mean Members or Associate Members who are party to this Agreement.
1.11 “Public Agency” shall mean public agency as defined in Government Code Section 6500, as amended.
1.12 Unless the context clearly requires otherwise, as used in this Agreement, words of the masculine, feminine or neutral gender shall be construed to include each other gender, when appropriate, and words of the singular number shall be construed to include the plural number, and vice versa, when appropriate. This Agreement and all the terms and provisions herein shall be construed to effectuate the purposes set forth and to sustain the validity of those purposes.
ARTICLE 2 - CREATION AND PURPOSES
2.1 This Agreement is entered into by the Members in order to:
2.1.1 Review, study, develop consensus positions, and take action on issues of interest to Members;
2.1.2 Focus on local and regional matters that are important to our future;
2.1.3 Develop a common agenda for Santa Clara County cities;
2.1.4 Serve as a unified voice for Santa Clara County cities in relationship to other agencies, organizations, and levels of government;
2.1.5 Establish and administer the City Selection Committee pursuant to Government Code Section 50270 et seq., as amended and make appointments to regional and local bodies as provided by law;
2.1.6 Serve as a source of education, information, and networking for officials from all cities in Santa Clara County;
3 2.1.7 Provide a forum for non-city individuals, groups and organizations and the private sector to address items of interest to Santa Clara County cities;
2.1.8 Reduce duplication of effort by sharing information and provide a unified voice and strong advocacy on legislation and other important issues that affect its Members;
2.1.9 Strengthen the Members’ and Agency’s standing at the regional, State and Federal level;
2.1.10 Strive to respect local control, provide regional perspective, and make a difference to elevate the quality of life throughout the County;
2.1.11 Provide a forum for discussion and study of problems common to the Members and to assist in the development and implementation of solutions to such problems;
2.1.12 Provide a method for the Members to collaborate and jointly develop policies that benefit the region; and
2.1.13 Collaborate in such a way that is efficient, saves the jurisdictions the expense of individual effort, and creates positive outcomes.
ARTICLE 3 - PARTIES TO AGREEMENT
Each Member, as a Party to this Agreement, intends to and does contract with all other Members as Parties to this Agreement and, with other Public Agencies as may later be added as Parties to this Agreement pursuant to the Joint Powers Law. The withdrawal of any party from this Agreement, pursuant to Article 20, shall not affect this Agreement or the remaining Members’ obligations.
ARTICLE 4 – FORMATION; TERM
This Agreement shall become effective when fully executed and returned to the Agency by at least eight (8) Members, but only as to those Members that have executed the Agreement. The Agency shall promptly notify all Members in writing of the effective date. After one full year after the initial formation of the Agency, should the membership fall below seven (7) Members due to the withdrawal of Members and the membership level remains at below seven (7) Members for a period of at least one (1) year and a similar joint powers authority, with the same or similar powers and functions is formed containing a majority of cities in the County of Santa Clara, the Agency shall change its name and permit the new organization to take on the name of the Agency. Notwithstanding the name change, this Agreement shall continue in effect until terminated as provided herein. The termination of this Agreement with respect to an individual Member upon its withdrawal from membership in the Agency shall not operate to terminate this Agreement with respect to the remaining Members.
ARTICLE 5 - CREATION OF THE AGENCY
Pursuant to the Joint Powers Law, there is hereby created a public entity, separate and apart from the Parties hereto, to be known as the “Cities Association of Santa Clara County Joint Powers
4 Agency” with powers as are set forth herein. Upon formation of the Agency as described in Article 4, the Cities Association of Santa Clara County, an unincorporated association shall follow the process of dissolution and cease to exist.
ARTICLE 6 - POWERS OF THE AGENCY
6.1 Subject to the terms of this agreement, the Agency shall have all of the powers of a public agency as defined in the Government Code Section 6500 as amended and all additional powers set forth in the Joint Powers Law and other statutes applicable to the Joint Powers Agency created hereby and is authorized to do all acts necessary for the exercise of these powers on behalf of its Members. Powers include, but are not limited to, the following, in the Agency’s own name:
6.1.1 To make and enter into contracts;
6.1.2 To incur debts, liabilities, and obligations and to encumber personal property;
6.1.3 To acquire, hold, or dispose of personal property, contributions, and donations of personal property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities;
6.1.4 To sue and be sued in its own name, and to settle any claim against it;
6.1.5 To receive and use contributions and advances from Members as provided in Government Code Section 6504, as amended including contributions or advances of personnel and equipment;
6.1.6 To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government Code Section 6509.5, as amended;
6.1.7 To acquire, construct, manage, maintain, or operate title to personal property, or rights, or any interest therein;
6.1.8 To retain the services of agents, contractors, and consultants;
6.1.9 To receive, collect, and disburse monies;
6.1.10 To conduct studies, tests, evaluations, and similar activities;
6.1.11 To contract for services from Members, including in-kind services;
6.1.12 To conduct public outreach and education;
6.1.13 To participate in pilot and demonstration projects;
6.1.14 To charge for services, programs, and/or systems;
6.1.15 To work with elected officials and local, regional, state, and federal agencies, including other joint powers agencies and unincorporated associations to pursue funding, enter agreements and otherwise carry out the purposes of the Agency; and
5 6.1.16 Subject to this Agreement or the Bylaws of the Agency, and only as authorized by the Joint Powers Law, to exercise other reasonable and necessary powers in furtherance or support of any purpose of the Agency.
ARTICLE 7 - RESTRICTIONS ON POWERS
7.1 Pursuant to and to the extent required by Government Code Section 6509, as amended, the Agency shall be restricted in the exercise of its powers and shall exercise its powers in the same manner as the Town of Los Gatos is restricted in its exercise of similar powers; provided that, if the Town of Los Gatos shall cease to be a Member, then the Agency shall be restricted in the exercise of its power in the same manner as another Member agreed to by the majority of the Board of Directors. Unless expressly provided for, the Agency does not, by virtue of this Section or this Agreement, subject itself to the internal policies or ordinances of any Member.
7.2 The Agency shall not have the power of eminent domain.
7.3 The Agency shall not have the power of taxation. The Agency may not impose taxes but may receive the proceeds of taxes imposed by other entities or public funds from other entities.
7.4 The Agency shall not have the power to acquire, purchase, hold or dispose of real property.
7.5 The Agency shall not have the power to hire employees.
7.6 The Agency shall not have the power to issue debt.
ARTICLE 8 - BOARD OF DIRECTORS
8.1 The Agency shall be governed by the Board of Directors, which shall be composed of one Director representing each Member. Each Member’s Legislative Body, according to its own procedures, shall appoint a Member of the Legislative Body as a Director to represent the Member on the Board of Directors. The Director shall serve at the pleasure of their respective Legislative Body. The Legislative Body of each Member shall also appoint one alternate Director (“Alternate”) who shall participate in and vote at any meeting of the Board when the primary Director is absent. Any vacancy in a Director or Alternate position shall be filled by the appointing Member’s Legislative Body, subject to the provisions of this Article. Immediately upon admission of a new Member, the new Member shall be entitled and required to appoint a Director and one alternate Director. Every Director or Alternate shall be a Council Member or Mayor of their individual Member city.
8.2 A Director and/or Alternate shall be removed from the Board of Directors upon the occurrence of any one of the following events: (1) the Agency receives written notice from the appointing Member of the removal and/or replacement of the Director or Alternate; (2) the withdrawal of the Member from this Agreement; (3) the death or resignation of the Director or Alternate; (4) the Agency receives written notice from the Member that the Director or Alternate is no longer qualified as provided in the first paragraph of this Article 8; or as set forth in Article 21.
6 8.3 The Board of Directors shall have the following powers and functions:
8.3.1 Except as otherwise provided in this Agreement, the Board shall exercise all powers and conduct all business of the Agency, either directly or by delegation to other bodies or persons;
8.3.2 The Board shall elect an Executive Committee, as provided in Article 11;
8.3.3 The Board shall be the policy setting body of the Agency;
8.3.4 The Board shall appoint or retain the services of necessary agents, consultants, or independent contractors in accordance with Article 14;
8.3.5 The Board shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget of the Agency. Adoption of the budget may not be delegated. The Board shall adopt their budget no later than the first April 30th following formation and then subsequently by April 30th of each successive year. The Board shall review, set, and adopt annual dues to be funded by Agency Members;
8.3.6 The Board shall receive, review and act upon periodic reports and audits of the funds of the Agency, as required under Article 16 of this Agreement;
8.3.7 The Board may adopt policies regarding personnel, conflicts of interest and other matters necessary or convenient for the efficient operation of the Agency;
8.3.8 The Board shall adopt a set of priorities and work plan for each fiscal year; and
8.3.9 Subject to the terms of this Agreement, the Board shall have such other powers and duties as are reasonably necessary to carry out the purposes of the Agency.
ARTICLE 9 – MEETINGS OF THE BOARD OF DIRECTORS
9.1 The Board of Directors shall hold at least one regular meeting each year. The Board of Directors shall fix by resolution, or in the Bylaws, the date, time, and location of each regular meeting.
The Board or Executive Director, in consultation with the President of the Board as provided in Article 10 below, may call special meetings.
9.2 Each meeting of the Board of Directors, including without limitation, regular, adjourned regular and special meetings shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.
9.3 The Agency shall require the Secretary/Treasurer or designee to take and maintain minutes of all regular, adjourned regular and special meetings. As soon as practicable after each meeting, the Secretary/Treasurer or designee shall forward to each Board Member, a copy of the minutes of the meeting.
9.4 A majority of the Members of the Board shall constitute a quorum for the transaction of business. Unless otherwise required by law, a vote of the majority of a quorum of the members
7 present at a meeting is sufficient to take any action, unless otherwise specified in this Agreement. However, less than a quorum may adjourn the meeting to a future date.
9.5 Each Member of the Board shall have one vote.
ARTICLE 10 - OFFICERS
The Board shall elect as Officers of the Agency President, First Vice President, Second Vice President, Secretary/Treasurer, and Immediate Past President at its first meeting. Thereafter, except as may be otherwise provided in the Bylaws of the Agency, the Board shall elect the President, First Vice President, Second Vice President, Secretary/Treasurer, and Immediate Past President, at the November Board of Directors meeting, or the first meeting held on or after November 1 of each year.
Of the Officers, the President, and at least two other Officers, must also be members of the Board of Directors. The remaining Officers may be the elected or appointed Mayor or Council Member of any Member of the Agency regardless of whether they are on the Board of Directors. Each Officer shall assume the duties of his or her office upon election. If the President ceases to be a Member of the Board, the resulting vacancy shall be filled at the next meeting of the Board held after the vacancy occurs, or at a special meeting of the Board called to fill the vacancy. The President shall preside at and conduct all meetings of the Board. Should the Board President not be available then the highest-level Officer, who is a member of the Board of Directors, shall preside. If that individual is unavailable, then any Director appointed by the President may preside. The Board may appoint other officers as it considers necessary. The duties of the Secretary/Treasurer are set forth in Articles 16 and 17 of this Agreement. The Secretary/Treasurer shall be appointed by the Board of Directors and shall be eligible to serve as Secretary/Treasurer, as provided in the Joint Powers Law.
ARTICLE 11 - EXECUTIVE COMMITTEE
At such time as there are nine Members, the Board shall establish and elect an Executive Committee of the Board which shall consist solely of three (3) Officers consisting of the President, First Vice President, and Secretary/Treasurer, which shall exist thereafter. At such time as there are 11 Members, the Board shall establish and elect an Executive Committee of the Board which shall consist solely of five (5) Officers, with the addition of the Immediate Past President, which shall exist thereafter. Should the Immediate Past President no longer hold elected office then a Member at Large may be appointed by the Board to serve on the Executive Committee. The qualifications of the Member at Large are that they must be an elected or appointed Mayor or Council Member of a Member of the Agency but need not be on the Board of Directors. The terms of office of the Members of the Executive Committee shall be one year. The Executive Committee shall conduct the business of the Agency between meetings of the Board, exercising all those powers as provided for in this Article, or as otherwise delegated to it by the Board.
The Executive Committee, subject to approval by the Board of Directors, shall exercise all powers or duties of the Board relating to the entering, approval and execution of agreements, leases, and other instruments of or relating to the finances of the Joint Powers Agency within the previously
8 approved annual budget or amended budget. The Executive Committee may have additional powers delegated to it by the Board, except for the adoption of the Agency’s annual budget. Any additional powers and duties delegated shall be specified in a Resolution adopted by the Board. The Executive Committee shall obtain approval from the Board before authorizing or conducting any investigations into the business of the Agency and before taking personnel action. These actions must be authorized by a majority vote of the Executive Committee. Each meeting of the Executive Committee shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.
ARTICLE 12 - COMMITTEES
The Board may establish committees, as it deems appropriate to conduct the business of the Agency or it may, in the Bylaws or by resolution, delegate this power to the Executive Committee by Resolution. Members of committees, except as otherwise stated in this Agreement, shall be appointed by the President. Each committee shall have those duties as determined by whichever Agency body created it or as otherwise set forth in the Bylaws. Each committee shall meet on the call of its chairperson and shall report to and be directed by whichever entity created it. No more than one representative from each jurisdiction shall serve on each committee. Membership of any committee may consist in whole or in part of persons who are not members of the Board; provided that the Board may delegate decision-making powers and duties only to a committee, a majority of the members of which are Board Members. Any committee, except the City Selection Committee, in which a majority of the members are not Board Members may function only in an advisory capacity. The Legislative Action Committee shall be a permanent Committee of the Agency chaired by the Second Vice President and whose members shall be appointed by the Agency Members. Should there be no Second Vice President, the Legislative Action Committee shall be chaired by the First Vice President. All standing committees shall abide by the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.
ARTICLE 13 – CITY SELECTION COMMITTEE
The City Selection Committee is established pursuant to State law and the Agency shall administer the City Selection Committee as follows: The City Selection Committee shall be a permanent committee of the Agency, consisting of the Mayor of each City or Town, consistent with Government Code 50270, as amended. The Agency shall allow all cities in the County to participate in the City Selection Committee, whether or not they are members of the Agency.
ARTICLE 14 – PROFESSIONAL SERVICES
14.1 The Board of Directors may contract with individuals or companies to provide the following services at the pleasure of the Board of Directors:
9 14.1.1 Executive Director. The Board shall contract with a consultant or independent contractor to fulfill the following duties of an Executive Director: manage the affairs of the Agency, subject to the general supervision and policy direction of the Board and the Executive Committee; oversee the day-to-day activities of the Agency; select and manage the activities of all consultants and independent contractors to the Agency; be responsible for required filings by the Agency with the State of California; prepare or delegate the preparation of all meeting notices, minutes, and required documentation of the Agency; prepare and propose an annual budget; prepare reports and recommendations for consideration by the Executive Committee or Board; be responsible for billing and collection of annual dues; maintain the records of the Agency; assist Local Agencies in the preparation and filing of applications for participation in the financing programs of the Agency; expedite the processing of these applications; pay all invoices, taxes and amounts due; and perform other duties as are assigned by the Board and Executive Committee. The Executive Director may have the authority to sign agreements, applications, and other documents on behalf the Agency, if authorized by the Board or Executive Committee. The Executive Director shall have the Authority to enter into individual Agreements with a single vendor over the course of a fiscal year, on behalf of the Agency, up to the amount set by the Bylaws.
14.1.2 General Counsel. The Board shall contract with a consultant, independent contractor, or law firm to fulfill the duties of General Legal Counsel. The General Counsel shall take direction from the majority of the Board of Directors. The General Counsel shall be a member in good standing of the California State Bar. The General Counsel shall be responsible for the legal affairs of the Agency;
14.1.3 Auditor. The Auditor shall be a Certified Public Accountant licensed to practice in the State of California. The Auditor will conduct annual financial audits of the Agency;
14.1.4 Other services. The Executive Director may hire additional consultants and independent contractors, as appropriate, based upon a previously approved budget;
14.1.5 The Agency shall not contract with or become a member of the California Public Employees Retirement System (“PERS”), nor shall any agent, consultant or independent contractor of the Agency become a member of PERS or be entitled to a pension or retirement from PERS as a result of service to the Agency; and
14.1.6 The consultants and independent contractors fulfilling the duties of Executive Director, the Auditor, the General Counsel and any other consultants or independent contractors who provide services to the Agency shall be compensated in such manner as shall be approved by the Board and as permitted by applicable law.
ARTICLE 15 - SIGNIFICANT PROGRAMS
If the Board desires to create significant programs or activities which will utilize substantial resources of the Agency, it shall do so by a vote of the Board. If the Board deems it necessary, it may
10 appoint a working committee to study the significant program or activity and provide input to the Board. Substantial resources and significant program or activity shall be defined as any program or activity requiring $10,000 or more in annual expenditures; this amount shall be increased by the annual cost of living CPI index. Any new significant program or activity shall require a work plan and a two-thirds vote of the Members in order to be initiated. When a new significant program is intentionally designed to be limited in scope, such that it only provides benefits to particular Members, the Agency may enter into a specific program or project Agreement that includes relevant terms regarding the particular affected Members, and any such Agreement shall be approved by the Board prior to or at the same time as formation of the significant program. These limited scope Agreements shall be subject to approval by the Board by a two-thirds vote of the Members.
ARTICLE 16 - ACCOUNTS AND RECORDS
16.1 The Agency shall adopt an operating budget pursuant to Section 8.3.5 of Article 8 of this Agreement.
16.2 The Secretary/Treasurer of the Agency or the Executive Director shall establish and maintain funds and accounts as may be required by good accounting practices and by the Board. Books and records of the Agency shall be open to and made available for inspection at all reasonable times upon request by authorized representatives of the Members.
16.3 The Agency shall adhere to the standard of strict accountability for funds and report all receipts and disbursements as set forth in the Joint Powers Law.
16.4 Auditor’s Report. The Auditor, within one hundred and twenty (120) days after the close of each Fiscal Year, shall give a complete written report of all financial activities for the prior Fiscal Year to the Board.
16.5 The Agency shall either make or contract with a Certified Public Accountant to make an annual Fiscal Year audit of all accounts and records of the Agency, conforming in all respects with the requirements of the Joint Powers Law. A report of the audit shall be filed as a public record and be provided to each of the Members, and with the County Auditor of the County of Santa Clara.
Costs of the audit shall be considered a general expense of the Agency. Any costs of the audit shall be borne by the Agency and shall be a charge against any unencumbered funds of the Agency available for this purpose.
ARTICLE 17 - RESPONSIBILITIES FOR FUNDS AND PROPERTY
17.1 The Secretary/Treasurer, or his or her designee, shall have the custody of and disburse the Agency’s funds. Proceeds of similar obligations of the Agency may be deposited with a trustee, agent or other depositary and shall not be considered the Agency’s funds for purposes of this Article. The Secretary/Treasurer may delegate disbursements to persons as may be authorized by the Board or the Executive Committee to perform that function, subject to the requirements of Section 17.2 below.
11 17.2 The Secretary/Treasurer or designee shall perform all functions then required to be performed by the Treasurer under the Joint Powers Law. The Secretary/Treasurer shall review the financial statements and the annual audit of the Agency.
17.3 Pursuant to Government Code Section 6505.1, as amended, the Executive Director, the Secretary/Treasurer, and other persons as the Board may designate, shall have charge of, handle, and have access to the property of the Agency. The Agency shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in a form specified by the Board of Directors, covering any officers or agents of the Agency who are authorized to hold or disburse funds of the Agency and any officers or agents who are authorized to have charge of, handle and have access to property of the Agency.
ARTICLE 18 - MEMBER RESPONSIBILITIES
18.1 Each Member shall have the following responsibilities:
18.1.1 To appoint its Director and Alternate to, or remove its Director and Alternate, from the Board, as set forth in Article 8;
18.1.2 To consider proposed amendments to this Agreement as set forth in Article 29;
18.1.3 To make contributions in the form of annual membership assessments and fees, if any, determined by the Board for the purpose of defraying the costs of providing the annual benefits accruing directly to each party from this Agreement; and
18.1.4 If a Member provides written notice to the Agency of its election to relinquish its status as a Member, or if a Member fails to be represented at four (4) or more consecutive regular meetings of the Board of Directors, then that Member may be deemed to be a suspended Member, with all the rights and duties of an Associate Member, upon action of the Board of Directors duly adopted. Prior to the suspension, the President shall contact the Mayor and request that another Council Member be appointed or that reinstatement for the current Member be requested. The suspension shall be approved by the Board of Directors. Promptly following that action by the Board of Directors, the Member may be reinstated by informing the Board of its intent to be reinstated within thirty (30) days and to attend all future meetings either via the Director or Alternate.
Removal of a Member for failure of the Director to attend meetings shall not relieve the Member from its obligations under any outstanding agreements relating to the Agency’s financial obligations, except in accordance with this Agreement.
ARTICLE 19 - NEW MEMBERS
With the approval of the Board, any city located within the County of Santa Clara may become a party as a Member to this Agreement. A city requesting membership shall apply by presenting to the Agency, a resolution of the Legislative Body of the City, evidencing its approval of this Agreement. The date that the applying city will become a Member will be determined by the Board. The Agency shall
12 accept new Members upon a majority affirmative vote of the entire Board and upon payment of any Board determined assessments and fees.
ARTICLE 20 - WITHDRAWAL
A Member may terminate its membership in the Agency at any time upon giving one hundred and eighty (180) days written notice of withdrawal to the Agency. The notice shall be given to the Board of Directors. The effective date shall be the conclusion of the first Board Meeting which occurs after the one hundred and eighty (180) day notice period has passed. Any Member who withdraws shall remain obligated to pay its share of all debts, liabilities, and obligations incurred or accrued through the end of the current fiscal year of the Agency. The withdrawal does not in any way impair any contracts, resolutions, indentures, or other obligations of the Agency then in effect. In the event of a disagreement between the Agency and the withdrawing Member as to whether the withdrawal shall cause the impairment of any contracts, resolutions, indentures, or other obligations of the Agency, the determination shall be made by a majority vote of the Board of Directors. Any Member that withdraws and later seeks reinstatement to the Agency shall provide funds to the Agency, proportionate to their responsibility for the current fiscal year, as if the Member had never left the Agency. A withdrawing Member shall, in all events, remain liable for its proportionate share of: (i) its full amount of its proportionate share of the adopted fiscal year budget; (ii) any call for funds or assessment levied by the Agency prior to the date it provides its notice of withdrawal; (iii) any contribution in existence at the time of the notice of withdrawal.
ARTICLE 21 - REMOVAL
If the Board of Directors determines that reasonable cause exists to remove a Director from the Board, it can remove the Director and request that the Member who appointed the Director appoint a new Director. The Board may, by two-thirds majority vote of the entire Board, remove a Member based on a Member's breach of any material term of this Agreement, and the failure to cure that breach within sixty (60) days written notice. A terminated Member shall remain liable for any obligation under this Agreement as described above. Failure to pay dues within 60 days following notice shall result in a Member becoming suspended with all the rights of an Associate Member. A suspended Member shall immediately have its voting rights restored upon full payment of dues.
ARTICLE 22 - OBLIGATIONS OF AGENCY
The debts, liabilities, and obligations of the Agency shall not be the debts, liabilities, and obligations of the Members. Any Member may separately contract for, or assume responsibility for, specific debts, liabilities, or obligations of the Agency. Nothing in this Agreement shall be interpreted to limit the applicability of the provisions of Government Code Section 895.6.
13 ARTICLE 23 - TERMINATION AND DISTRIBUTION OF ASSETS
This Agreement may be terminated at any time that no financial obligations of the Agency are outstanding, with the approval of two-thirds of the Members. Upon termination of this Agreement, all assets of the Agency shall, after payment of all unpaid costs, expenses and charges incurred under this Agreement, be distributed among the parties to this Agreement, in accordance with the respective contributions of each of the Parties.
ARTICLE 24 - LIABILITY OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEE MEMBERS
24.1 The Members of the Board of Directors, Officers, and Committee Members of the Agency shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. They shall not be individually liable for any mistake of judgment, or any other action made, taken, or omitted by them in good faith, nor for any act or omission by any agent, consultant or independent contractor selected with reasonable care, nor for loss incurred, resulting from any action made, taken, or omitted by them in good faith and with reasonable care through investment of Agency funds, or failure to invest.
24.2 No Director, Officer, or Committee Member shall be responsible for any act or omission of any other Director, Officer, or Committee Member. Unless otherwise required by law, no Director, Officer, or Committee Member shall be required to give a bond or other security to guarantee the faithful performance of his or her duties pursuant to this Agreement.
24.3 The funds of the Agency shall be used to defend, indemnify, and hold harmless the Agency for any Director, Officer, or Committee Member, for their actions taken within the scope of the Agency. Nothing herein shall limit the right of the Agency to purchase insurance to provide coverage for these types of losses.
24.4 These indemnification and defense obligations shall survive the termination of the Agreement as to any acts or omissions occurring before such termination.
ARTICLE 25 - INDEMNIFICATION
To the fullest extent allowed by law, the Agency shall defend, indemnify, and save harmless the Members and their governing bodies, officers, agents and employees from all claims, losses, damages, costs, injury, and liability of every kind, nature, and description directly or indirectly arising from the performance of any of the activities of the Agency or the activities undertaken pursuant to this Agreement.
14 ARTICLE 26 - BYLAWS
The Board shall adopt Bylaws consistent with this Agreement which shall provide for the administration and management of the Agency. The provisions of the Bylaws, as modified from time to time, shall establish the operating procedures and standards for the Agency.
ARTICLE 27 - NOTICES
The Agency shall address notices, billings, and other communications to a Member as directed by that Member. Each Member shall provide the Agency with the email and physical address to which communications are to be sent. Members shall address notices and other communications to the Agency, at the office address of the Agency, or the email address of the Agency as directed by the Member and as set forth in the Bylaws.
ARTICLE 28 - CODES
The Agency shall adopt and observe a Code of Conduct and Conflict of Interest Policy. The Agency shall comply with all requirements of the Fair Political Practices Commission as required by law or regulation.
ARTICLE 29 - AMENDMENT
This Agreement may be amended at any time by vote of the Members, acting through their Legislative Bodies. Any amendment of this Agreement shall become effective upon receipt by the Agency of notice of the approval of the amendment by two thirds of the Legislative Bodies of the Members.
ARTICLE 30 - SEVERABILITY
Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected.
ARTICLE 31 - PROHIBITION AGAINST ASSIGNMENT
No Member may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third-party beneficiary of any Member shall have any right, claim, or title to any part, share, interest, fund, or asset of the Agency. This Agreement shall be binding upon and shall inure to the benefit of successors of the Members. This Agreement is intended solely for the benefit of the
15 Agency and its Members. No third party shall be deemed a beneficiary of this Agreement or have any rights against the Agency or its Members.
ARTICLE 32 - ASSOCIATE MEMBERS
Any Public Agency located within the jurisdictional authority of the County of Santa Clara may, with the approval of the Board of Directors, become an Associate Member of the Agency by executing and delivering to the Agency an Associate Membership Agreement and providing an Associate Membership fee and as further provided in the Bylaws. An Associate Member shall not be entitled to representation on the Board of Directors, or to vote on any matter coming before the Board of Directors or the Agency, unless a separate written agreement is entered into between the Associate Member and the Agency.
ARTICLE 33 - LIBERAL CONSTRUCTION
The provisions of this Agreement shall be liberally construed as necessary or reasonably convenient to achieve the purposes of the Agency.
ARTICLE 34 - NON-WAIVER
No waiver of the breach of default of any of the covenants, agreements, restrictions, or conditions of this Agreement by any Member shall be construed to be a waiver of any succeeding breach of the same or other covenants, restrictions, or conditions of this Agreement. No delay or omission of exercising any right, power, or remedy in the event of a breach or default shall be construed as a waiver or a variation of any of the terms of this Agreement or any applicable agreement.
ARTICLE 35 - REMEDIES FOR BREACH
If any Member shall default on any obligation contained in this Agreement, the default shall not excuse any other Member from fulfilling its respective obligations under this Agreement. Any Member shall be entitled to pursue all legal and equitable remedies against another Member in response to any alleged default under this Agreement. Any and all of the remedies provided to the Members, hereunder or by law now or hereafter enacted, are cumulative and the exercise of one right or remedy shall not impair the Members to any other remedy.
ARTICLE 36 - ARTICLE HEADINGS
All article headings are for reference only and are not intended to define or limit the scope of any provision of this Agreement.
16 ARTICLE 37 - DISPUTE RESOLUTION
37.1 The Members agree that any dispute regarding the enforcement or interpretation of any term, covenant, or condition of this Agreement (“Dispute”) may first, for a period of not less than thirty (30) days, be submitted to mediation before a mutually acceptable mediator prior to initiation of litigation, or any other binding arbitration or adjudicative dispute resolution process. The Members shall: (i) mediate in good faith; (ii) exchange all documents which each believes to be relevant and material to the issue(s) in the Dispute; (iii) exchange written position papers stating their position on the Dispute and outlining the subject matter and substance of the anticipated testimony of persons having personal knowledge of the facts underlying the Dispute; and (iv) engage and cooperate in such further discovery as the Members agree or mediator suggests may be necessary to facilitate effective mediation.
37.2 Each Member shall bear its own costs, attorney’s fees, and expenses of the mediation. Venue of the mediation shall be a mutually agreeable city within Santa Clara County, California.
ARTICLE 38 – INSURANCE
If available, the Agency shall obtain insurance for all Members, appointed Members, and Committee Members, including, but not limited to, Directors and Officers liability insurance and general liability insurance containing policy limits in such amounts as the Board of Directors shall deem will be necessary to adequately insure against the risks of liability that may be incurred by the Agency.
Insurance under this provision may include an insurance pool program.
ARTICLE 39 - FILING WITH SECRETARY OF STATE
The Executive Director of the Agency shall file a notice of this Agreement with the office of the California Secretary of State within thirty (30) days of its effective date, as required by Government Code Section 6503.5, as amended and within seventy (70) days of its effective date as required by Government Code Section 53051, as amended.
ARTICLE 40 - COUNTERPARTS
This Agreement may be executed in parts or counterparts, each part or counterpart being an exact duplicate of all other parts or counterparts, and all parts or counterparts shall be considered as constituting one complete original and may be attached together when executed by the Members hereto. Facsimile and electronic signatures shall be binding.
ARTICLE 41 - AGREEMENT COMPLETE
This Agreement constitutes the full and complete Agreement of the parties and supersedes any prior written Agreement between the Members on the same topic.
17 Town of Los Gatos:
___________________________
Town Manager
Approved as to Form:
___________________________
Town Attorney
Attest:
___________________________
Town Clerk
PREPARED BY: Jocelyn Shoopman
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Department Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 15
DATE: November 2, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Hear Protests and Adopt a Resolution Making Determinations and Approving the Reorganization of an Uninhabited Area Designated as Los Gatos Boulevard No. 20, Approximately 0.521 Acres on Property Pre-Zoned R-1:8.
APN 523-01-001. Annexation Application AN22-001. Project Location: 15810 Los Gatos Boulevard. Property Owner/Applicant: Jesus Ching and Kathleen Ban.
RECOMMENDATION:
Open public hearing to hear any protests and adopt a resolution (Attachment 1) making determinations and approving the reorganization of an uninhabited area designated as Los Gatos Boulevard No. 20, approximately 0.521 acres, located at 15810 Los Gatos Boulevard (APN 523-01-001).
BACKGROUND:
The Town has an agreement with Santa Clara County that requires annexation of any property located within the Town's Urban Service Area boundary that is either contiguous to a Town boundary or within 300 feet of a Town maintained roadway if a use is proposed to intensify.
The subject property is within 300 feet of a Town roadway. Section 56757 of the Cortese-KnoxHertzberg Local Government Reorganization Act of 2000 gives cities in Santa Clara County the authority to annex territory without application to and hearing by the Santa Clara County Local Agency Formation Commission (LAFCO).
The property owner of 15810 Los Gatos Boulevard has submitted applications for annexation, General Plan amendment, and zoning. On October 17, 2023, the Town Council approved the General Plan amendment and introduced the ordinance for the zoning. The total annexation area (0.521 acres) includes 0.2581 acres of County street right-of-way.
PAGE 2 OF 2
SUBJECT: Los Gatos Boulevard No. 20/AN22-001
DATE: November 2, 2023
BACKGROUND (continued):
The Town is required to hold a protest proceeding even if the area proposed for annexation is uninhabited (less than twelve registered voters) and all property owners have consented to the annexation. This annexation was introduced at the October 17, 2023, Town Council meeting and the protest proceedings are set for November 7, 2023.
DISCUSSION:
The Town has received a petition requesting annexation to the Town of Los Gatos from Jesus Ching and Kathleen Ban, owners of the property at 15810 Los Gatos Boulevard. The property is located on the east side of Los Gatos Boulevard in an unincorporated County pocket.
The property is in the Town's Urban Service Area, is contiguous to a Town boundary, and is Prezoned R-1:8 (Single-Family Residential, 8,000 square foot minimum lot size). Annexation would allow Town services to be extended to the property and reduce an existing County pocket.
The Santa Clara County Planning, County Lighting Service Area, and the County Library Service Area have been notified in writing of the annexation request.
COORDINATION:
The preparation of this report was coordinated with the Santa Clara County Library District, Santa Clara County Lighting Service Area, County of Santa Clara Infrastructure Development Division, LAFCO, County of Santa Clara Assessor, County of Santa Clara Surveyor, and the County of Santa Clara Planning Division.
FISCAL IMPACT:
Once the annexation is certified by the State Board of Equalization, the Town will receive approximately 9.3 percent of the property taxes.
ENVIRONMENTAL ASSESSMENT:
The project is exempt pursuant to the California Environmental Quality Act Guidelines under Section 15061(b)(3): Review for Exemption, in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. A Notice of Exemption will not be filed.
Attachments:
1. Resolution, with Exhibit A - Geographic Description, and Exhibit B - Plat Map
2. Location Map
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Draft Resolution Date
DRAFT RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION
OF AN UNINHABITED TERRITORY DESIGNATED AS
LOS GATOS BOULEVARD NO. 20
APN: 523-01-001
APPROXIMATELY 0.521 ACRES
ANNEXATION APPLICATION: AN22-001
PROPERTY LOCATION: 15810 LOS GATOS BOULEVARD
PROPERTY OWNER/APPLICANT: JESUS CHING AND KATHLEEN BAN
WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated as Los Gatos Boulevard No. 20 from Jesus Ching and Kathleen Ban; and
WHEREAS, the property, is approximately 0.2629 acres and includes 0.2581 acres of County street right-of-way for a total of 0.521 acres located at 15810 Los Gatos Boulevard, APN:
523-01-001, is contiguous to a Town boundary and within the Town’s Urban Service Area; and WHEREAS, the following special districts would be affected by the proposal: Santa Clara County Lighting Service Area; and Santa Clara County Library Service Area; and WHEREAS, the annexation would provide for use of Town services; and WHEREAS, the Town Council enacted Ordinance 1267 in 1975 pre-zoning the subject territory with an R-1:8 (single-family residential, 8,000 square foot minimum lot size) zoning designation; and
WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the reorganization, has determined annexation of the subject property is exempt from the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and ATTACHMENT 1
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Draft Resolution Date
WHEREAS, the County Surveyor of Santa Clara County has found the description and map (Exhibits A and B) to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO’s road annexation policies; and
WHEREAS, as provided in Government Code Section 56757, the Town Council of the Town of Los Gatos shall be the conducting authority for a reorganization including an annexation to the Town; and
WHEREAS, the territory is uninhabited and all owners of land included in the proposal have consented to this annexation; and
WHEREAS, the Town Council held a public hearing to hear any protests on November 7th.
NOW, THEREFORE, BE IT RESOLVED, that the that the Town Council of the Town of Los Gatos does as follows:
1. That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated as Los Gatos Boulevard No. 20, more particularly described in Exhibits A and B;
2. That the following findings are made by the Town Council of the Town of Los Gatos:
a. Said territory is uninhabited and comprises approximately 0.521 acres; b. The annexation is consistent with the orderly annexation of territory within the Town’s Urban Service Area and is consistent with the Town policy of annexing when required by the Town’s agreement with the County of Santa Clara; c. The project is exempt from the California Environmental Quality Act (CEQA) under Title 14 Code of Regulations, Chapter 3: Guidelines for the Implementation of CEQA Section 15061(b)(3): Review for Exemption;
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Draft Resolution Date
d. The Town Council enacted Ordinance 1267 in 1975 pre-zoning the subject territory with an R-1:8 (Single-Family Residential, 8,000 square foot minimum lot size) zoning designation;
e. The territory is within the Town’s Urban Service Area as adopted by the Local Agency Formation Commission of Santa Clara County;
f. The County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission’s road annexation policies. The County Surveyor has been reimbursed for the actual cost incurred by the County Surveyor in making this determination; g. The proposed annexation will not create an area in which it would be difficult to provide municipal services;
h. The proposed annexation does not split lines of assessment or ownership; i. The proposed annexation is consistent with the Town’s General Plan; j. The territory to be annexed is located within 300 feet of a Town boundary; and k. The Town has complied with all conditions imposed by the Commission for inclusion of the territory in the Town’s Urban Service Area.
3. That all owners of land within the affected territory have provided written consent to the reorganization and no protests have been received;
4. That upon completion of these reorganization proceedings the territory described in Exhibit A will be annexed to the Town of Los Gatos and will be detached from the Santa Clara County Library and Lighting Service Areas; and
5. That upon completion of these reorganization proceedings the territory reorganized will be taxed on the regular County assessment roll, including taxes for existing bonded indebtedness.
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Draft Resolution Date
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7
th day of November 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
EXHIBIT A
LOS GATOS BOULEY ARD NO. 20
ANNEXATION TO THE TOWN OF LOS GATOS
GEOGRAPHIC DESCRIPTION
All that certain real property lying in the Rancho Rinconada De Los Gatos, County of Santa Clara, State of California, being more particularly described as follows:
Beginning at the southwest corner of Lot 9 of Tract 649, Recorded October 17, 1949 in Book 24 of Maps at Page 32-33, in the Office of the County Recorder of said Santa Clara County, said Point of Beginning being on the easterly line of Los Gatos Boulevard and Bascom Avenue(Parcel Number 2) Annexation as passed and adopted January 25, 1969, Thence, (1) along the easterly line of said annexation and the westerly line of said Lot 9 North 20°
44'00" East, 110.94 feet;
Thence, (2) along the westerly and northerly line of said Lot 9 and the easterly line of said annexation along a tangent curve to the right, concave to the southeast, having a radius of
20.00 feet, having an included angle of 78°
53'00", an arc length of 27.54 feet;
Thence, (3) leaving said northerly line of Lot 9 and continuing along the easterly line of said annexation North 09°
37'00" East, 30.00 feet to the centerline of Farley Road, being the most northeasterly corner of said annexation and on the southerly line of Blossom Hill Manor Number One Annexation as passed and adopted June 15, 1959; Thence, (4) along the centerline of Farley Road and the southerly line of last said annexation South 80°
23'00" East, 116.83 feet;
Thence, (5) along the easterly line of last said annexation North 20°44'00" East, 30.57 feet to the northerly right of way line of Farley Road and the southwest corner of Lot 8 of said Tract 649;
Thence, (6) leaving last said annexation and along said right of way line of Farley Road and the southerly line of said Lot 8 South 80°
23'00" East, 110.94 feet;
Thence, (7) along said right of way line and southerly line of said Lot 8 around a tangent curve to the left, concave to the northwest, having a radius of 20.00 feet, an included angle of 78°
53'47", and an arc length of 27.54 feet;
Thence, (8) South 20°
43'47" West, 101.91 feet to a point on the westerly right of way line of Camellia Terrace as shown on the Map of said Tract 649; Thence, (9) along said right of way line along a non tangent curve to the left, concave to the southwest, whose center bears North 69°
16'00" West, having a radius of 20.00 feet, and
included angle of 101 °
06'34", and an arc length of 35.29 feet;
Thence, (10) along the southerly right of way line of Farley Drive and the northerly line of Lots 10 and 11 of said Tract 649 North 80°
23'00" West, 150.69 feet to the northeast corner of
aforesaid Lot 9 of Tract 649;
Thence, (11) along the easterly line of said Lot 9 South 09° 37'00" West, 125.00 feet to the
southeast corner of said Lot 9;
Thence, (12) along the southerly line of sais Lot 9 North 80° 23'00" West, 104.35 feet to the
Point of Beginning.
EXHIBIT A
EXHIBIT B
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Los
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LILAC WAY
FARLEY RD
CHIRCO DR
LEROY AVE
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LOS GATOS ALMADEN RD
LOS GATOS BLVD
CAMELLIA
TER
OLEANDER AVE
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GATOS
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Prepared for the Office of the County Surveyor
September 5, 2023
August Hanks, County Surveyor
EXHIBIT A
Los Gatos Boulevard No. 20
0.521 acres +/-
County of Santa Clara
Department of Planning and Development
County Government Center, East Wing
70 West Hedding St., 7th Floor
San Jose, California 95110
Los Gatos Boulevard No. 20
Unincorporated Lands
Area of Annexation
Incorporated Lands
ATTACHMENT 2
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Intentionally
Left Blank
PREPARED BY: Jocelyn Shoopman, Associate Planner and
Erin Walters, Associate Planner
Reviewed by: Town Manager, Community Development Director, Planning Manager, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 16
DATE: November 1, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve a Recommendation of the Planning Commission to Adopt a Resolution to Amend the General Plan to Include a Description of the Housing Element Overlay Zone and Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code to Replace the Affordable Housing Overlay Zone Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation,’ With the Housing Element Overlay Zone As Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation.’” An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed General Plan and Town Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-002 and General Plan Amendment Application GP-23-002.
Applicant: Town of Los Gatos. Project Planners: Jocelyn Shoopman and Erin Walters.
RECOMMENDATION:
Approve a recommendation of the Planning Commission to adopt a resolution (Attachment 1) to amend the General Plan to include a description of the Housing Element Overlay Zone and introduce an ordinance (Attachment 2) titled “An Ordinance of the Town Council of the Town of Los Gatos amending Chapter 29, ‘Zoning Regulations,’ of the Town Code to replace the Affordable Housing Overlay Zone Division 5 of Article VIII, ‘Overlay Zones And Historic Preservation,’ with the Housing Element Overlay Zone as Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation.’”
PAGE 2 of 6
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP23-002 DATE: November 1, 2023
BACKGROUND:
The Town of Los Gatos is required to prepare an updated Housing Element for the period covering 2023-2031 that is certified by the State Housing and Community Development Department (HCD). The Housing Element is one of nine State-mandated elements that must be included in every General Plan. The Housing Element assesses housing needs for all income groups within the community and identifies implementation programs to meet those housing needs. Unlike other General Plan elements, the Housing Element must be updated every eight years, rather than every 10 to 20 years, must address statutory requirements regarding its content, and is subject to mandatory review by HCD. The Town’s Regional Housing Needs Allocation (RHNA) for the sixth cycle planning period is 1,993 units.
On January 30, 2023, the Town Council adopted the 2023-2031 Housing Element with modifications to the Sites Inventory, finding that it was in substantial compliance with State law. Two of the Implementation Programs contained in the Housing Element adopted by Town Council are the basis for the items under consideration and described in further detail below.
On May 30, 2023, the Town received HCD’s findings/comment letter on the Revised Draft Housing Element. The findings/comment letter is in reference to the Town’s Housing Element submitted to HCD on March 31, 2023.
On July 20, 2023, at a special meeting, the General Plan Committee (GPC) reviewed the requests described below and recommended approval of the General Plan amendments to the Planning Commission and Town Council.
On August 23, 2023, the Planning Commission met to discuss the amendments to the 2020 General Plan Land Use Element and Chapter 29 of the Town Code and made a recommendation to the Town Council. The Planning Commission received and considered public comments on the proposed amendments, reviewed the proposed modifications, and unanimously recommended approval to Town Council (Attachments 4 through 7).
On October 3, 2023, the Town Council adopted a resolution to amend the General Plan to include a description of the Housing Element Overlay Zone and introduced an ordinance to amend the Town Code to modify the Affordable Housing Overlay Zone to be the Housing Element Overlay Zone, consistent with the staff recommendation. Due to an error in the description of the project for the legal advertisement not including the Planning Commission’s recommendation, the item has been re-noticed for the Town Council’s consideration.
At the October 3, 2023, Town Council meeting, a Council Member asked for information about how the text from other locally certified Housing Elements had been incorporated into the Town’s most recent Draft Revised Housing Element. A draft response table to HCD’s May 30, 2023, comment letter was provided to the Housing Element Advisory Board (HEAB) at their July
PAGE 3 of 6
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP23-002 DATE: November 1, 2023
BACKGROUND (continued):
20, 2023, meeting with this information included in Attachment 7 and available at the following link: https://www.losgatosca.gov/AgendaCenter/ViewFile/Agenda/_07202023-2313.
Since the October 3, 2023, Town Council meeting, staff has made further edits to the ordinance to clarify that a mixed-use project must contain a residential use that occupies more than 50 percent of the total floor area pursuant to Government Code Section 65583.2(h) (Attachment 2). No changes have been made to the resolution included in Attachment 1 since the October 3, 2031, Town Council meeting.
DISCUSSION:
In August, the Planning Commission reviewed and discussed the proposed amendments to the 2020 General Plan Land Use Element and Chapter 29 of the Town Code and had no recommended modifications.
A. General Plan Land Use Designation
The 2023-2031 Housing Element includes Implementation Programs that involve an overlay zoning of parcels within the Town to provide modified development standards for residential and mixed-use developments. The purpose of these modified development standards is to provide the development capacity required by State law and the Town’s RHNA, as mentioned above. The first step in creating the new minimum and maximum densities referenced in these Implementation Programs is the addition of the Housing Element Overlay Zone (HEOZ) and the associated development standards in the 2020 General Plan Land Use Element. In addition to density, those development standards also include lot coverage, floor area, and height, as provided below in Table LU-2 and included in the draft resolution (Attachment 1).
The Town received public comments suggesting a future need to add sites to the Sites Inventory as a result of the No Net Loss law. In response to these comments, the modifications shown below in underlined text to Table LU-2, HEOZ Development Standards were considered and recommended for approval by the Planning Commission to ensure that standards are included for all land use designations. Given the requirements of the No Net Loss law, the addition of sites to the Sites Inventory may be required in the future as sites on the current inventory are developed, and so establishing regulations for all designations is recommended.
PAGE 4 of 6
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP23-002 DATE: November 1, 2023
DISCUSSION (continued):
Table LU-2 HEOZ Development Standards
Designation Standards
Low Density Residential Density: 0 – 5 du/ac
Lot Coverage: Up to 50%
Max. Height: 30 feet
Medium Density Residential Density: 14 – 22 du/ac
Density in Very High Fire Hazard
Severity Zones: 5 – 12 du/ac
Lot Coverage: Up to 75%
Max. Height: 35 feet
High Density Residential Density: 30 – 40 du/ac
Lot Coverage: Up to 75%
Max. Height: 45 feet
Mixed-Use Density: 30 – 40 du/ac
FAR: Up to 3.0
Max. Height: 45 feet
Neighborhood Commercial Density: 10 – 20 du/ac
FAR: Up to 1.0
Max. Height: 35 feet
Central Business District Density: 20 – 30 du/ac
FAR: Up to 2.0
Max. Height: 45 feet
North Forty Specific Plan Density: 30 – 40 du/ac
FAR: As defined in Specific Plan
Max. Height: As defined in Specific Plan
Office Professional Density: 10 – 20 du/ac
FAR: Up to 1.0
Max. Height: 35 feet
Service Commercial Density: none
FAR: Up to 1.0
Max. Height: 35 feet
Light Industrial Density: none
FAR: Up to 1.0
Max. Height: 35 feet
B. Zoning
Due to changes to State law, many components of the Affordable Housing Overlay Zone (AHOZ) are no longer compliant with State law. Staff expects the replacement of the AHOZ with the HEOZ will provide greater flexibility for residential and mixed-use projects in order to create more potential for the development of housing.
In response to public comments received regarding adding sites to the current Sites Inventory, the Planning Commission considered and recommended approval of the modifications shown in underlined text to Table 1A (HEOZ Development Standards), shown on the following page to reflect the possibility of adding sites to the Sites Inventory in the
PAGE 5 of 6
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP23-002 DATE: November 1, 2023
DISCUSSION (continued):
future as sites on the current inventory are approved for development (Attachment 2).
At the August 23, 2023, Planning Commission meeting, staff verbally notified the Commission of a modification that would be made to Table 1A to specify the density for the North Forty Specific Plan Area. Additionally, staff has made edits to the draft ordinance to further describe that a property with a HEOZ designation may be developed under the new regulations as a residential or mixed-use project (Attachment 2, Exhibit A). Non-residential projects will be subject to the development standards of the underlying zone.
Since the October 3, 2023, Town Council meeting, staff has made further edits to the ordinance to clarify that a mixed-use project must contain a residential use that occupies more than 50 percent of the total floor area pursuant to Government Code Section 65583.2(h).
Table 1A (HEOZ Development Standards)
General Plan
Land Use
Designation
Zoning Minimum Yards Maximum
Lot
Coverage
Maximum
Floor Area
Ratio (FAR)
Maximum
Height
Limit (ft)
Density
Units Per Acre
Low Density
Residential
R-1 As authorized by
Section 29.40.405
50% N/A 30 feet 0-5
Medium Density
Residential
R-1D, R-D,
and R-M
As authorized by
Section 29.40.405,
29.40.530, and
29.40.645
75% N/A 35 feet 14-22 or 5-12
in Very High
Fire Hazard
Severity Zones
High Density
Residential
R-M As authorized by
Section 29.40.645
75% N/A 45 feet 30-40
Mixed-Use CH As authorized by
Section 29.60.435
N/A 3.0 45 feet 30-40
Neighborhood
Commercial
C-1 As authorized by
Section 29.60.225
N/A 1.0 35 feet 10-20
Central Business
District
C-2 As authorized by
Section 29.60.335
N/A 2.0 45 feet 20-30
North Forty
Specific Plan
NF-SP As defined in
Specific Plan
As defined
in Specific
Plan
As defined
in Specific
Plan
As defined
in Specific
Plan
30-40
Office
Professional
O As authorized by
Section 29.60.100
N/A 1.0 35 feet 10-20
Service
Commercial
LM As authorized by
Section 29.70.125
N/A 1.0 35 feet none
Light Industrial CM As authorized by
Section 29.70.235
N/A 1.0 35 feet none
PAGE 6 of 6
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP23-002 DATE: November 1, 2023
PUBLIC COMMENTS:
Public notification has included a legal advertisement in the paper. The meeting has also been publicized on the Town’s website and through the Town’s social media platforms. As of the drafting of this report, no comments from the public have been received.
CONCLUSION:
Staff recommends that the Town Council:
1. Make the finding that no further environmental analysis is required (Attachments 1 and Attachment 2);
2. Adopt a resolution to amend the 2020 General Plan Land Use Element to include a description of the HEOZ (Attachment 1); and
3. Introduce an ordinance, by title only, effecting an amendment to the Town Code to replace the AHOZ of Division 5, Article VIII, “Overlay Zones and Historic Preservation,” with the HEOZ (Attachment 2) with any specific changes identified and agreed upon by the majority of the Town Council.
Alternatively, the Council may:
1. Continue this item to a date certain with specific direction to staff; or
2. Refer the item back to the Planning Commission with specific direction.
ENVIRONMENTAL ASSESSMENT:
An Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed General Plan Amendments. No further environmental analysis is required.
Attachments:
1. Draft Resolution for the General Plan Amendment with Exhibit A
2. Draft Ordinance for the Zoning Amendment with Exhibit A
3. Draft Town Code Amendments in Tracked Changes
4. August 23, 2023, Planning Commission Staff Report with Exhibits 1-3
5. August 23, 2023, Planning Commission Addendum with Exhibit 4
6. August 23, 2023, Planning Commission Desk Item with Exhibits with Exhibit 5
7. August 23, 2023, Planning Commission Verbatim Minutes
8. Public Comment received between 11:01 a.m., Tuesday, October 3, 2023, and 11:00 a.m., Wednesday, November 1, 2023
1 of 2
Draft Resolution Date
DRAFT RESOLUTION 2023-___
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE 2020 GENERAL PLAN LAND USE ELEMENT TO
INCLUDE A DESCRIPTION OF THE HOUSING ELEMENT OVERLAY ZONE.
GENERAL PLAN AMENDMENT APPLICATION GP-23-002
PROPERTY LOCATION: TOWN WIDE
APPLICANT: TOWN OF LOS GATOS
WHEREAS, the General Plan Committee at its meeting of July 20, 2023, recommended that the 2020 General Plan Land Use Element be amended to include a description of the Housing Element Overlay Zone; and
WHEREAS, the Planning Commission at its meeting on August 23, 2023, reviewed the proposed General Plan amendment and forwarded a recommendation of approval to the Town Council; and
WHEREAS, the Town Council at its meeting on October 3, 2023, reviewed the proposed General Plan amendment, held a public hearing, and adopted a resolution to amend the 2020 General Plan Land Use Element to include a description of the Housing Element Overlay Zone; WHEREAS, however, because the project description in the public hearing notice did not include the Planning Commission’s recommendation, the item has been re-noticed for the Town Council’s consideration; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on November 7, 2023; and WHEREAS, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed General Plan amendment and held a public hearing; and
WHEREAS, the Town Council considered all facts and information related to the request to amend the 2020 General Plan Land Use Element to include a description of the Housing Element Overlay Zone as shown on Exhibit A.
Draft Resolution to
be modified by Town
Council deliberations
and direction.
ATTACHMENT 1
2 of 2
Draft Resolution Date
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS FOLLOWS:
1. The Town Council finds as follows:
A. No further Environmental Analysis is required as an Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed General Plan Amendments; and B. The General Plan amendment is internally consistent with the existing goals and policies of the General Plan and its corresponding elements, in that the amendments will provide for the development of housing for the sites in the Sites Inventory to comply with the Town’s Regional Housing Needs Allocation; and C. The Town has complied with the requirements set forth in Government Code Section 65350 and following.
2. The 2020 General Plan Land Use Element is amended to include the description of the Housing Element Overlay Zone shown in Exhibit A to this Resolution.
3. This amendment was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 7th day of November 2023, and adopted by the following vote as a resolution of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the __day of ______ 2023. This amendment shall take effect 30 days after the date it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
LU- 1
3 LAND USE ELEMENT
A. Introduction
Los Gatos is a mature, predominantly built-out community. While there is little room for growth or change in the physical environment, land use is dynamic and change is constant from within and outside the community.
Managing change in an effort to maintain our quality of life is a priority of this General Plan and the Community.
The Land Use Element is the framework of the General Plan and is intended to inform and shape the future physical development of Los Gatos. This Element sets forth the patterns of development activity and land uses that will support and enhance the character of the Town. Although all General Plan Elements are of equal importance, the Land Use Element is the most frequently used and referenced section of the General Plan.
Planning for neighborhood preservation and protection is one of the most important purposes of the Town’s General Plan. Preserving the small-town heritage, natural setting, and architectural diversity are also important to this community. One of Los Gatos’s most outstanding assets is the visual diversity of its individual neighborhoods. Existing development represents a variety of architectural styles from various eras, embodying a variety of sizes, design features, and building materials, resulting in neighborhoods with their own unique identity. For example, Downtown Los Gatos is the historic heart of Town with a pedestrian-scale setting of mixed land uses and architecturally historic buildings. It is a unique area that sets the spirit and style of the entire Town.
Maintaining neighborhood quality suggests conservation of existing housing, good street design, traffic control in residential neighborhoods, and development review that adheres to quality design. Factors such as new or excessive traffic, aging or inadequate infrastructure, and even economic pressures may cause disruption of neighborhoods. Neighborhood preservation also includes balancing the intensity of land uses with the existing residential density.
EXHIBIT A
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU- 2
Los Gatos also focuses on maintaining a “full-service” town that provides a range of goods and services that support the economic vitality of the Town. The commercial centers of Los Gatos are therefore also important to the community.
Under the Los Gatos Boulevard Plan, the community expressed interest in creating a shopping experience and destination that complements but does not compete with the Downtown.
Residential and non-residential uses produce different impacts on the community. The impacts on traffic, noise, schools, open space, and other qualityof-life issues will vary, depending on the final mixture of residential and nonresidential uses approved within the area. The overall planning for the area needs to limit the adverse impacts on the quality of life of all of the residents of Los Gatos and to provide for open space.
The Land Use Element describes land use designations, special planning areas, and existing land uses in Los Gatos. The Land Use Element is divided into the following sections:
Introduction: A description of the requirements and contents of the Land Use Element.
Existing Land Uses: A description of existing land uses in Los Gatos. General Plan Land Use Designations: A description of the characteristics and intensity of the different land use designations in Los Gatos, including a map identifying the location of these land use designations. Special Planning Areas: A description of special planning areas, including Historic Districts and Specific Plan Overlays.
Goals, Policies, and Actions: A list of goal, policy, and action statements that provide guidance to Los Gatos on land use decisions.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-3
B. Authority for the Element
California Government Code Section 65302(a) and Public Resources Code Section 2762(a) require that the Land Use Element provide the following information:
Distribution, location, and extent of land uses for categories of public or private uses. Such categories include, but are not limited to housing, business, industry, open space, natural resources, recreation and enjoyment of scenic beauty, education, and public buildings and grounds. Population density and building intensity standards for land use designations.
The Land Use Element has the broadest scope of any of the State-required components of the General Plan. In addition to the State’s requirements set forth in the Government Code, it has also been legally established that, while the location of a particular land use may be expressed in general terms, a property owner must be able to identify the General Plan Land Use Designation for his/her parcel from the land use diagram contained in the Land Use Element.
Among the important implementation mechanisms for the Land Use Element are Specific Plans and the Town Code. The California Government Code requires that the Town Code and zoning map be consistent with its General Plan Land Use Element and land use map, and that all provisions of Specific Plans adopted by the Town must be consistent with the General Plan that they implement.
C. Relationship of Land Use Element to other Elements and Plans Because the Land Use Element sets the framework of the General Plan, the Land Use Element relates directly to all goals and policies of the other Elements and unifies the General Plan by providing the overall policy context for the other Elements. The relationship of the Land Use Element to other elements and plans is described below.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-4
The Land Use Element addresses circulation by setting out, in its map and policies, the location and size of all roadways in the Town coordinated with the land uses the roads will serve. It also notes the planned capacities of all other infrastructure systemsthat will be necessary to protect the health and welfare of the Town’s citizens. The location, type, and density of residential units are key components of the Land Use Element. The Housing Element uses the density ranges specified in the Land Use Element to identify sites to meet the Town’s housing needs.
The mandates of the Safety Element are reflected in the designation and location of land use, the permitted activities within designated areas, and the patterns of land use that support defensible space, the Town’s contingency plan, and fire and other hazard mitigation.
The Land Use Element addresses buffers between noise sensitive uses and noise sources.
The Town conserves resources through policies for the wise use of land, water, and energy.
Air quality is improved by land use patterns that minimize vehicle travel within the Town.
The Conservation Element goals address protecting and enhancing the natural environment. Programs that retain natural features such as tree preservation, limited grading, and water conservation maintain the natural character of Los Gatos.
The Open Space Element refers to the location, character, and use of parks, recreational facilities, and preserved, unimproved land. Land use designations protect and preserve open spaces. The Land Use Element reflects the Town’s high priority for quality design.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-5
The Land Use and Community Design Elements preserve historical buildings and historic areas, limiting the size of houses, while careful de- sign of new infill developments protects the character of Los Gatos. California State law requires that all Specific Plans and zoning regulations be consistent with the General Plan. The Hillside Specific Plan, the North Forty Specific Plan, the Redevelopment Plan, and other plans that may be adopted as necessary will be consistent with this General Plan.
D. Existing Land Uses
This section contains qualitative and quantitative descriptions of existing land uses in the Town of Los Gatos and Los Gatos’s Sphere of Influence (SOI). “Existing land uses” refers to the existing built environment, regardless of the General Plan land use designation or zoning designation applied by the Town. This initial assessment is based on data from the Santa Clara County Office of the Assessor. Existing land uses are illustrated in Figure LU-1 and listed in Table LU-1.
1. Residential – Single Family
Approximately 3,183 acres of land in Los Gatos are dedicated to parcels that contain a single, detached residence and related structures. Single-family residential land use is located throughout the Town, with the exception of the public and open spaces in the southern area of the Town and along commercial corridors immediately adjacent to Los Gatos Boulevard and Santa Cruz Avenue. In the SOI, approximately 2,728 acres of land are dedicated to single-family residential land.
2. Residential – Multi-Family
This land use category refers to parcels that contain more than one housing unit. It includes duplexes, triplexes, fourplexes, condominiums, and apartment buildings. This residential land use totals approximately 407 acres in the Town. There is no multi-family housing in the SOI. Multi-family uses are largely clustered in and around the Highway 17 corridor, either between
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
City of
Saratoga
City of
Campbell
·|}þ1 7
CURTNER AVENUE Town Boundary
Sphere of Influence
Water Body
Highway
Creek
City of
Monte Sereno
Vasona Lake
County Park
·|}þ8 5
LOS GATOS-ALMADEN ROAD
BLOSSOM HILL ROAD
City of
San Jose
Lexington
Reservoir
Unincorporated
Santa Clara County
0 0.5 1 Miles
Source: Santa Clara County Office of the Assessor, 2006; DC&E, 2008.
Existing Land Use
Single Family Residential
Multi-Family Residential
Commercial
Office/Professional
Light Industrial
Public Utilities
Public/Quasi-Public
Agricultural
Open Space/Recreation
Vacant
F I G U R E LU - 1
EX I S T I NG L A N D U SE
UNION AVENUE
HARWOOD ROAD
LU-6
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-7
TABLE LU-1 EXISTING LAND USES
Land Use Category
Number of
Acres
Percent
of Town
Acreage
Percent
of SOI
Acreage
Residential – Single Family 5,911 51.2% 51.9%
Residential – Multi-Family 407 6.5% 0%
Commercial 164 2.6% 0%
Office Professional 126 2% 0%
Light Industrial 37 0.6% 0%
Public/Quasi-Public 440 4.7% 2.8%
Public Utilities 39 0.5% 0.1%
Agricultural 112 1% 1%
Open Space/Recreation 3,841 26.2% 42.2%
Vacant 399 4.7% 2%
Total 11,476 100% 100%
Source: County of Santa Clara, Office of the Assessor, 2006.
Los Gatos Boulevard and Highway 17 or in the area south of Vasona Lake County Park. A significant pocket of multi-family housing is also located in the northwest corner of the Town, just south of the City of Campbell.
3. Commercial
Commercial land refers to parcels that contain either retail businesses—those offering specific products for sale—or businesses that provide day-to-day services such as grocery stores, restaurants, spas and salons, dry cleaners, and nurseries. There are approximately 164 acres of commercial uses in Los Gatos and 1 acre in the SOI. Most commercial parcels in Los Gatos are located along the Santa Cruz Avenue or Los Gatos Boulevard corridors.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-8
4. Office Professional
Office Professional land use refers to parcels that contain offices for medical, legal, insurance, consulting, and similar contracted services. Office and professional uses account for 125 acres in Los Gatos. Like commercial parcels, office professional parcels are concentrated along the Town’s primary commercial corridors. An additional cluster of office and professional uses is located near the Highway 17/85 interchange.
5. Light Industrial
The Light Industrial land use category refers to parcels used primarily for production, manufacturing, and research and development. Additional uses include self-storage and automobile service garages. There are approximately 37 acres of light industrial land uses in Los Gatos. Light industrial uses are concentrated in two small pockets, one just south of Highway 85 and east of Winchester Boulevard, and another along University Avenue, north of Blossom Hill Road.
6. Public/Quasi-Public
Public/Quasi-Public land uses include schools, libraries, police and fire stations, faith communities, and hospitals. These uses are distributed through- out Los Gatos, mostly in single parcels or small groups of parcels. Public/Quasi-Public land uses comprise approximately 291 acres of land in the Town and approximately 149 acres in the SOI.
7. Public Utilities
Public Utilities refer to uses related to communications and energy production and distribution. There are approximately 37 acres in the Town devoted to utilities divided between parcels scattered throughout Los Gatos. Many of these parcels are owned by San Jose Water Company and PG&E and are sites of communications infrastructure.
8. Agricultural
Agricultural land is used for raising and harvesting crops, breeding livestock, and/or housing equipment used for agricultural purposes. According to the Santa Clara County Assessor’s Office, about 64 acres of land scattered
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-9
throughout Los Gatos, and approximately 48 acres in the SOI, are devoted to existing agricultural uses. One of the largest areas of agricultural land is the North Forty site, which contains orchard trees, including walnut and fruit trees. Wine grapes can be found in the Santa Cruz Mountains hillside areas.
The California Land Conservation Act of 1965, better known as the Williamson Act, works to preserve agricultural and open space lands through restrictive use contracts administered by counties and cities under State regulations. Private landowners voluntarily restrict their land to agricultural and compatible open space uses under minimum 10-year rolling term contracts, with counties and cities also acting voluntarily. In return, the property tax on a Williamson Act parcel is assessed at a rate consistent with its actual use, rather than potential market value.
Figure LU-2 shows the location of all Williamson Act lands and their designation as well as farmland not covered by the Williamson Act.
Approximately 136 acres of land within the Town limits and 358 acres of land within the SOI are designated Williamson Act land.1 Of these, only 3.85 acres are considered “prime agricultural lands” under the definition of the Land Conservation Act. All of these lands occur in the Town’s SOI. In addition to Williamson Act lands, approximately 32 acres of Unique Farmland are located within Town limits and 8 acres within the SOI. “Unique Farmland” is a designation ap- plied by the State Department of Conservation to land that is capable of producing specific high value crops. In Los Gatos, it is applied to the orchards on the North Forty site.
9. Open Space/Recreation
Open Space/Recreation refers to indoor and outdoor recreational facilities, including public open spaces such as regional parks, community centers, 1 This number is higher than the number of acres in existing Agricultural use because Williamson Act include parcels that are classified by the Assessor as Agriculture, Open Space, and Single Family Residential. Single Family Residential may be considered an acceptable classification by the Assessor since Williamson Act contracts may include provisions for a limited number of dwelling units on the property.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
City of
Campbell
CURTNER AVENUE Town Boundary
Sphere of Influence
Water Body
Creek
City of
Saratoga ·|}þ1 7
City of
Monte Sereno
Vasona Lake
County Park
·|}þ8 5
LOS GATOS-ALMADEN ROAD
BLOSSOM HILL ROAD
City of
San Jose
Lexington
Reservoir
Unincorporated
Santa Clara County
0 0.5 1 Miles
Source: State of California Department of Conservation 2006.
Williamson Act Lands
Prime Agricultural Land
Non-Prime Agricultural Land
Non-Prime/Non-Renewal Agricultural Land
State Farmland Designation
Unique Farmland
UNION AVENUE
HARWOOD ROAD
LU-10
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-11
playgrounds and neighborhood parks, country clubs, and natural open spaces.
After Residential – Single Family land use, Open Space/Recreation comprises the second highest percentage of total land in Los Gatos. There are approximately 1,624 acres of open space in the Town and approximately 2,218 acres in the SOI. Much of this acreage is contained in four large facilities: St.
Joseph’s Hill and Sierra Azul Open Space to the south of Los Gatos, and Vasona Lake County Park and La Rinconada Country Club to the north.
10. Vacant
Approximately 292 acres within the Town are vacant parcels of varying sizes that are scattered throughout the Town. Most of the vacant acreage in Los Gatos is located in the single-family residential area on the eastern side of the Town. Parcels here are generally larger than they are elsewhere in Los Gatos, and a number of significantly sized parcels are vacant. Generally, vacancies are more common in residential areas of Los Gatos than in commercial areas, although a few small, isolated commercial vacancies exist. Additionally, the SOI contains approximately 107 acres of vacant property.
E. General Plan Land Use Designations
The Land Use Element is the basis for physical development in Los Gatos. The land use map and designations identify the general location, density, and extent of land available for residential and non-residential uses. Land use designations do not necessarily reflect the existing land use of each parcel. Figure LU-3 presents a map of the land use designations in Los Gatos. Each land use designation is listed and described below.
1. Residential Land Use Designations
This section provides a brief description of each residential land use designation and the desirable range of density for each designation.
T O W N O F L O S G A T O S
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City of
Saratoga
City of
Campbell
·|}þ1 7
CURTNER AVENUE Town Boundary
Sphere of Influence
Water Body
Highway
Creek
City of
Monte Sereno
Vasona Lake
County Park
·|}þ8 5
LOS GATOS-ALMADEN ROAD
BLOSSOM HILL ROAD
City of
San Jose
Lexington
Reservoir
Unincorporated
Santa Clara County
0 0.5 1 Miles
Source: Town of Los Gatos, 2008; Santa Clara County Office of the Assessor, 2008.
General Plan Land Use
Hillside Residential
Low Density Residential
Medium Density Residential
High Density Residential
Mixed-Use Commercial
Central Business District
Neighborhood Commercial
Service Commercial
Office Professional
Light Industrial
Public
Agriculture
Open Space
North Forty Specific Plan Overlay
F I G U R E LU - 3
2 0 2 0 G ENERAL
PLAN LAND USE
UNION AVENUE
HARWOOD ROAD
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a. Hillside Residential: 0-1 dwelling units per net acre Up to 3.5 persons per acre
The Hillside Residential designation provides for very low density, rural, large lot or cluster, single-family residential development. This designation allows for development that is compatible with the unique mountainous terrain and vegetation of parts of Los Gatos.
b. Low Density Residential: 0-5 dwelling units per net acre Up to 17.5 persons per acre
The Low Density Residential designation provides for single-family residential properties located on generally level terrain. It encourages single-family residential development in either the standard development established by traditional zoning or by innovative forms obtained through planned development.
c. Medium Density Residential: 5-12 dwelling units per net acre Up to 24 persons per acre
The Medium Density Residential designation provides for multiple-family residential, duplex, and/or small single-family homes.
d. High Density Residential: 12-20 dwellings per net acre Up to 40 persons per acre
The High Density Residential designation provides for more intensive multifamily residential development. Its objective is to provide quality housing in close proximity to transit or a business area.
e. Mobile Home Park: 5-12 dwellings per net acre
Up to 24 persons per acre
The Mobile Home Park designation provides for mobile home parks. The intent is to provide and preserve Mobile Home Parks as a source of affordable housing. This designation is described in this Element; however, it is not represented on the accompanying General Plan Land Use Map.
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2. Non-Residential Land Use Designations
For non-residential land uses, the specific uses mentioned are illustrative, and other compatible uses, including those authorized in any other Zoning District within the Town, may be permitted where authorized by a Conditional Use Permit or Planned Development Overlay Zone. In a mixed-use project residential uses may be permitted in conjunction with other permitted uses in non-residential Zoning Districts with the exception of the Commercial Indus- trial and Controlled Manufacturing Zoning Districts. For non-residential land uses, building intensity limits are indicated by either allowable land coverage or floor area ratio(FAR) and a maximum height limit.
a. Office Professional: Up to 50 percent land coverage with a 35-foot height limit The Office Professional designation provides for professional and general business offices. This designation applies to various locations throughout the Town, often in close proximity to neighborhood- or community-oriented commercial facilities, or as a buffer between commercial and residential uses.
The intent of this designation is to satisfy the community’s need for general business and professional services and local employment. b. Central Business District: 0.6 FAR with a 45-foot height limit The Central Business District designation applies exclusively to the down- town and accomplishes the following:
Encourages a mixture of community-oriented commercial goods, services and lodging unique in its accommodation of small-town style merchants and maintenance of small-town character.
Maintains and expands landscaped open spaces and mature tree growth without increasing setbacks.
Integrates new construction with existing structures of historical or architectural significance and emphasizes the importance of the pedestrian. c. Mixed-Use Commercial: Up to 50 percent land coverage with a 35-foot height limit
The Mixed-Use Commercial designation permits a mixture of retail, office, and residential in a mixed-use project, along with lodging, service, auto-related businesses, non-manufacturing industrial uses, recreational uses, and restaurants.
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Projects developed under this designation shall maintain the small- town, residential scale and natural environments of adjacent residential neighborhoods, as well as provide prime orientation to arterial street frontages and proper transitions and buffers to adjacent residential properties. This designation should never be interpreted to allow development of independent commercial facilities with principal frontage on the side streets. d. Neighborhood Commercial: Up to 50 percent land coverage with a 35- foot height limit
The Neighborhood Commercial designation provides for necessary day-today commercial goods and services required by the residents of the adjacent neighborhoods. This designation encourages concentrated and coordinated commercial development at easily accessible locations.
e. Service Commercial: Up to 50 percent land coverage with a 35-foot height limit
The Service Commercial designation provides for service businesses necessary for the conduct of households or businesses. These include auto repair, building materials sales, paint suppliers, janitorial services, towing businesses, contractors offices and yards, launderers and dry cleaners, as well as wholesaling and warehousing activities.
f. Light Industrial: Up to 50 percent land coverage with a 35-foot height limit
The Light Industrial designation provides for large-scale office developments and well-controlled research and development, industrial-park-type and ser- viceoriented uses subject to rigid development standards. These uses should respond to community or region-wide needs.
g. Public
The Public designation identifies public facilities in the Town such as the Civic Center, courthouse, schools, parks, libraries, hospitals, churches, and fire stations.
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h. Agriculture
The Agricultural designation identifies areas for commercial agricultural crop production.
i. Open Space
The Open Space designation identifies the location of public parks, open space preserves, private preserves, and stream corridors.
F. Special Planning Areas
Development in Los Gatos can be targeted to achieve a more specific outcome by designating specific overlay zones and special planning areas. These areas have more detailed development guidelines that remain consistent with existing policies. Los Gatos has three overlay zones that implement land use policies through the Town Code, five Historic Districts, three Specific Plans, and one Redevelopment Project Area.
1. Overlay Zones
There are three overlay zones in the Town Code, the Landmark and Historic Preservation, Planned Development, and Public School Overlay Zones. Landmark and Historic Preservation (LHP) Overlay Zone. This zone is designated by Town Council and is applied to individual sites and structures or small areas deemed of architectural and/or historical significance. The structure(s) in LHP overlays are subject to special standards regarding their appearance, use, and maintenance.
Planned Development (PD) Overlay Zone. The PD overlay zone is intended to ensure orderly planning and quality design that will be in harmony with the existing or potential development of the surrounding neighborhood. The Planned Development Overlay is a specially tailored development plan and ordinance which designates the zoning regulations for the accompanying project, sets specific development standards, and ensures that zoning and the General Plan are consistent. Commercial,
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residential or industrial property or a mixture of these uses may be considered for a Planned Development Overlay.
Public School (PS) Overlay Zone. The PS overlay zone is intended to allow school buildings to be used, without extensive exterior modifications, in ways which will make it unnecessary to sell school facilities. The overlay permits a variety of community-related and education- related uses, including, but not limited to, museums, community centers, playgrounds, and nursery schools. Any land owned by a public school district (regardless of underlying zone) may be zoned PS.
Housing Element Overlay Zone (HEOZ). The HEOZ is intended to increase the supply and the mix of housing types, tenure, and affordability within the Town of Los Gatos. Through appropriate densities, the housing element overlay zone encourages the development of housing affordable to all income levels as described in the 2023-2031 Housing Element Sites Inventory to comply with the Town’s Regional Housing Needs Allocation (RHNA) for the sixth cycle Planning period and listed in Table LU-2.
TABLE LU-2 HEOZ Development Standards
Designation Standards
Low Density Residential Density: 0 – 5 du/ac
Lot Coverage: Up to 50%
Max. Height: 30 feet
Medium Density Residential Density: 14 – 22 du/ac
Density in Very High Fire Hazard
Severity Zones: 5 – 12 du/ac
Lot Coverage: Up to 75%
Max. Height: 35 feet
High Density Residential Density: 30 – 40 du/ac
Lot Coverage: Up to 75%
Max. Height: 45 feet
Mixed-Use Density: 30 – 40 du/ac
FAR: Up to 3.0
Max. Height: 45 feet
Neighborhood Commercial Density: 10 – 20 du/ac
FAR: Up to 1.0
Max. Height: 35 feet
Central Business District Density: 20 – 30 du/ac
FAR: Up to 2.0
Max. Height: 45 feet
North Forty Specific Plan Density: 30 – 40 du/ac
FAR: As defined in Specific Plan
Max. Height: As defined in Specific Plan
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Office Professional Density: 10 – 20 du/ac
FAR: Up to 1.0
Max. Height: 35 feet
Service Commercial Density: none
FAR: Up to 1.0
Max. Height: 35 feet
Light Industrial Density: none
FAR: Up to 1.0
Max. Height: 35 feet
2. Historic Districts
The Town has established five historic districts to preserve neighborhoods deemed significant to the history of Los Gatos.
Almond Grove Historic District. An approximately 40-acre area that constitutes the largest subdivision following incorporation of the Town of Los Gatos. This District was established by ordinance in 1980. Broadway Historic District. An approximately 100-acre area that is the site of the first residential subdivision and first residential street in the Town of Los Gatos. This District was established by ordinance in 1985. Los Gatos Historic Commercial District. Bounded by Elm Street to the north, Main Street to the south, Los Gatos Creek to the east, and North Santa Cruz Avenue to the west. The Town’s only concentration of intact historic commercial buildings. It was established by ordinance in 1991.
Fairview Plaza Historic District. Limited to the cul-de-sac termination of Fairview Plaza, part of an historic subdivision originally surveyed in 1885 known as the “Fairview Addition.” The District retains the same configuration as originally mapped and contains a rare collection of Victorian and Craftsman homes, unique in their compact scale and proximity to one another. This District was established by ordinance in 1992. University/Edelen Historic District. Bounded by Saratoga Avenue to the north, Main Street to the south, Los Gatos Creek to the east, and the former Southern Pacific Railroad right-of-way to the west. The District is composed of five subdivisions that predate 1900 and contain a number of residential and commercial structures of mixed architectural styles. This District was established by ordinance in 1991. All of Los Gatos’s historic districts are defined by structures that contribute to the District. In every District, the transformation of these structures is tightly regulated.
Demolition of contributing structures is strictly prohibited. In addition, all restoration, rehabilitation, and new construction of principal units must adhere to a series of guidelines for preserving architectural heritage and conforming to existing style. Any modifications to the original design are either restricted or prohibited.
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3. Overlay Designation
The North Forty Specific Plan Overlay is applied to the approximately 40-acre property bounded by Los Gatos Boulevard to the east, Highway 17 to the west, Lark Avenue to the south, and Highway 85 to the North. This Overlay requires the preparation and adoption of a specific plan that will determine the mix of uses, dimensional standards, architectural standards, phasing, and infrastructure to support the development of the property prior to approval of any entitlements. Drawing on the draft North Forty Specific Plan prepared in 1999, the General Plan overlay designation is intended to help guide the future development of this property. The 2020 General Plan Environmental Impact Report assumed a maximum capacity of 750 mixed residential units and 580,000 square feet of retail and offices uses for the purposes of assessing environmental impacts associated with the development of the property. While this is the maximum development capacity under this General Plan, the specific plan may be approved with lower densities and square footage of residential and commercial uses, respectively. The North Forty Specific Pan will be based on the following general guidelines:
Include a mixture of uses that will complement the Downtown and the rest of the community.
Be based on sustainable and “smart” development practices.
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Include public gathering spaces such as a plaza and park. Provide for a variety of residential housing types, both rental- and owneroccupied. A minimum of 20 percent of the units shall be affordable to households at the moderate income level or below.
Include high-quality architecture and design that reflects the rural and agricultural history of the site.
Provide pedestrian-oriented buildings along the Los Gatos Boulevard frontage, with minimal parking oriented to the street.
Take advantage of the grade change across the site.
Continue the “boulevard treatment” along Los Gatos Boulevard, with interconnections from one parcel’s drive aisle to the next. Include connections to existing intersections along Los Gatos Boulevard and Lark Avenue.
Develop gateway or landmark features at Los Gatos Boulevard and Lark Avenue and at Los Gatos Boulevard and the Highway 85 off-ramp. Provide an easily accessible, fully connected street network that encourages walking.
Provide a vegetative buffer and screening along Highways 17 and 85. Preserve Town character and views.
4. Other Plans
The Hillside Specific Plan and Los Gatos Boulevard Plan areas are each developed according to separate land use goals and in different areas of the Town. In addition to these approved Specific Plans, the Town will be developing a North Forty Specific Plan.
a. Hillside Specific Plan
The Hillside Specific Plan establishes land use policy for the Hillside Study Area, an area of mountainous terrain in the southeastern portion of the Town designated for Hillside Residential development. Adopted by Town Council in 1978, the Specific Plan establishes a series of policies and standards related
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to land use, facilities, services, circulation, fire protection, safety, and open space.
These policies and standards are intended to prevent deficiencies in access to water and sewer services, ensure conservation of the sensitive natural environment, and address differences in Town and County land use regulations.
Development in the Hillside Specific Plan area is prohibited outside of designated “least restrictive development areas” (LRDAs) unless it is compliant with conditions established in the Plan.
b. Los Gatos Boulevard Plan
Adopted by Town Council in 1997, the Los Gatos Boulevard Specific Plan is a policy framework for meeting a series of short, medium, and long range goals related to the commercial revitalization of Los Gatos Boulevard. This Specific Plan is based on a land use concept for which higher density, mixeduse commercial development in the north of the Specific Plan area transitions into residential and community clusters, and then into existing residential neighborhoods just south of the Specific Plan area. This Specific Plan contains policies and design standards targeting safe, attractive public improvements; pedestrian-oriented activity nodes; vital, commercial land use; distinct gateways, and site-appropriate private improvements. c. Central Los Gatos Redevelopment Project
The Central Los Gatos Redevelopment Project, which focuses on an area located around Downtown Los Gatos, contains a mix of residential and non- residential land use designations. The Town of Los Gatos Redevelopment Agency has the authority to facilitate property acquisition and management, construction of public improvements, structural rehabilitation, and site assembly within the Project Area. The project was adopted in 1991, following the 1989 Loma Prieta earthquake. The main objectives of the project are to eliminate blight, assemble land parcels for improved development, strengthen the economic base of downtown, and improve undeveloped and underutilized areas.