Los Gatos City Council
November 21, 2023

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 21, 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 21, 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/85379428243?pwd=b3QzdklOUXRxaG5XQ2dSN3c0U0NLdz09 Passcode: 192366. You can also type in 853 7942 8243 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. 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

PRESENTATIONS
i. SASCC Presentation

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 Closed Session Council Meeting Minutes of November 1, 2023.

2. Approve Minutes of the November 7, 2023 Town Council Meeting.

3. Approve the Closed Session Council Meeting Minutes of November 14, 2023.

4. Adopt 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 A-23-002.

Project Location: Town Wide. Applicant: Town of Los Gatos.

5. Adopt 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.”

6. Authorize the Town Manager to Execute an Agreement for Consultant Services with CSG Consultants, Inc. for Building Inspection Services for the North-40 Phase 1 and North-40 Junction Development.

7. Adopt 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. Applicant: Town of Los Gatos. Project Planners: Jocelyn Shoopman and Erin Walters.

8. Adopt 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.

9. Adopt 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.

10. Adopt 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.

11. Approve Modifications as Recommended by the Council Policy Committee to Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum.

12. Approve Modifications to Town Council Policy 2-01: Agenda Format and Rules.

13. Consider the Following Actions for the Procurement and Implementation of the OpenGov Procurement Suite for Contract Management and Maintenance:

a. Authorize an Expenditure Budget Transfer in an Amount of $3,000 from project #411-811-0008 (Shannon Road Repair);
b. Authorize an Expenditure Budget Transfer in an Amount of $1,000 from project #411-813-0218 (Shannon Road Pedestrian and Bike Improvements); c. Authorize an Expenditure Budget Transfer in an Amount of $5,500 from project #411-813-9921 (Curb, Gutter, and Sidewalk Maintenance); d. Authorize an Expenditure Budget Transfer in an Amount of $10,700 from project #411-811-9901 (Street Repair and Resurfacing);
e. Authorize an Expenditure Budget Transfer in an Amount of $500 from project #411- 821-2309 (Termite Abatement at Water Tower);
f. Authorize an Expenditure Budget Transfer in an Amount of $500 from project #411- 831-4605 (Parks Playground Fibar);
g. Authorize an Expenditure Budget Transfer in an Amount of $3,000 from project #411-812-0130 (Annual Roadside Fire Fuel Reduction); and h. Authorize an Expenditure Budget Transfer in an Amount of $3,000 from project #411-832-4508 (Annual Vegetation Management Town-Wide).

14. Receive the Monthly Financial and Investment Report for September 2023.

VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.)
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)

15. Receive an Update on the Interim Community Center and Provide Direction.

16. Complete the Following Actions in Support of the Town’s Transportation Impact Fee Program:
a. Review the Transportation Impact Nexus Study dated November 2023 (including the Town’s Transportation Capital Improvement Plan – Appendix 1); and b. Set a Public Hearing for January 16, 2024 to Adopt the Nexus Study, Adopt a Resolution to Establish the Updated Transportation Impact Fee, Introduce an Ordinance Amending Article VII of Section 15 of the Town Code, “Traffic Impact Mitigation Fees,” and Modify Town Council Policy 1-08, “Transportation Impact Policy.”

17. Receive a Report on Traffic Management at the Shannon Road Repair (CIP Project No 811-0008) Location (Between Diduca Way and Santa Rosa Drive) and Provide Feedback.

18. Discuss and Provide Direction to Potentially Modify Town Policies and Procedures, Including Town Council Policy 2-04, “Town Council Code of Conduct,” Town Council Policy 2-05, “Planning Commission Policies and Procedures,” Town Council Policy 2-11, “Commission Appointments, Residency, and Attendance Requirements, and Establishing a Quorum,” and the Commissioner Handbook.

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: 11/21/2023
ITEM NO: 1
1 DRAFT
Minutes of the Town Council Special Meeting - Closed Session November 1, 2023
The Town Council of the Town of Los Gatos conducted a Special Meeting on Wednesday, November 1, 2023, to hold a Closed Session at 5:00 p.m.

MEETING CALLED TO ORDER AT 5:03 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

VERBAL COMMUNICATIONS
No one spoke.

THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:

1. Conference with Labor Negotiators (Government Code §54957.6) To meet with Town Negotiators listed below in closed session pursuant to Government Code §54957.6 regarding negotiations with the Employee Organizations listed below:

Town Negotiators:

Lisa Charbonneau, Liebert Cassidy Whitmore
Katy Nomura, Assistant Town Manager
Employee Organizations:

American Federation of State, County and Municipal Employees (AFSCME) Town Employees Association (TEA)
Police Officers’ Association (POA)
The Town Council reconvened in open session. The Town Attorney stated there was no reportable action under the Brown Act.

ADJOURNMENT
Closed Session adjourned at 6:25 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: 11/21/2023
ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
Tuesday, November 7, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in person and utilizing teleconferencing means on Tuesday, November 7, 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
Girl Scout Troup 60879 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 to discuss the Annual Town Manager and Town Attorney performance evaluations and potential litigation, and stated there was no reportable action taken under the Brown Act.

COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Rennie stated he attended the Los Gatos-Monte Sereno Police Foundation recognition luncheon, the Silicon Valley Clean Energy Authority (SVCEA) Executive Committee meeting, a SVCEA Risk Oversight Committee meeting, and a Valley Transportation Authority (VTA) Board meeting.
- Council Member Moore acknowledged it was election night for some jurisdictions; stated he attended a Belwood community meeting; participated in a ride along with the Los Gatos-Monte Sereno Police Department; met with Governor Gavin Newsom’s senior advisor on homelessness; attended a poetry reading at the Library for Native American Heritage Month by San Francisco’s Poet Laureate Kim Shuck and Los Gatos’s Poet Laureate Jen Siraganian; shopped at Domus and Butter Paddle and encouraged all to shop local for the holidays; and announced Council Member Community Coffee will be held on Friday. - Council Member Hudes stated he met with the Director of Live Oak Nutrition and also with the Older Adults Thrive Foundation; attended a Bay Area Housing Corporation fundraising event at Campo Di Bocce; met with residents from the Belgatos neighborhood; and attended a free speech event commemorating and remembering those who have been kidnapped in the conflict between Israel and Hamas. - Vice Mayor Badame stated she attended the Los Gatos-Monte Sereno Police Foundation recognition luncheon, a Community Health and Senior Services Commission (CHSSC)

PAGE 2 OF 12
SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
meeting, and the Halloween festivities in the Almond Grove neighborhood; met with the Executive Director of the West Valley Solid Waste Management Authority (WVSWMA); and attended a WVSWMA Board meeting and a West Valley Clean Water Authority (WVCWA) Board meeting.
- Mayor Ristow stated she attended many meetings including Los Gatos-Monte Sereno Police Foundation luncheon, a West Valley Mayors and Managers meeting, a ribbon cutting for Parkside restaurant, a Bay Area Housing Corporation fundraising event at Campo Di Bocce, and the Eden Housing 55th Anniversary Celebration; met with Supervisor Simitian and members of the faith-based community; attended the YWCA 33rd Annual Inspire Luncheon, a Santa Clara Valley Cities Mayors meeting in partnership with the US Conference of Mayors, and a tree dedication on the campus of the United Methodist Church; met with residents to discuss a variety of topics; and attended ribbon cuttings including the opening of the second campus for Stratford School.

Manager Matters
- Announced the recruitment period for Boards and Commission closes Friday at 4:00 p.m., and application details can be found on the Town’s website. - Announced the Planning Commission will hold a special meeting on November 15 to discuss the Housing Element.
- Announced the Winter Celebration will be held on Friday, December 1st at Town Plaza Park.

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

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. ORDINANCE 2345

7. Adopt a Resolution Accepting Funds from the California Supplemental Law Enforcement Service Fund (SLESF). RESOLUTION 2023-058

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

PAGE 3 OF 12
SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
Authorizing the Town Manager to Execute and Record a Notice of Completion and Certificate of Acceptance. RESOLUTION 0223-059

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.

RESOLUTION 2023-060

10. Adopt a Resolution to Seek Membership in the American Association of Retired People (AARP) Network of Age-Friendly Communities. RESOLUTION 2023-061

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.

Mayor Ristow opened public comment.

No one spoke.

Mayor Ristow closed public comment.

MOTION: Motion by Council Member Rennie to approve the consent items consisting of item one through twelve and noted that it includes the revised resolution for Item #10 that was distributed with the desk item. Seconded by Council Member Hudes.

VOTE: Motion passed unanimously.

VERBAL COMMUNICATIONS
Joseph Enz
- Commented in support of the Police Department and expressed concerns with a couple of Officers.

Lee Fagot
- Commented on the 100th anniversary of the Christmas Tree in Town Plaza Park.

Aubrie Mastrangelo, Division Director of Mental Health Services, Bill Wilson Center - Commented on Runaway and Homeless Youth Prevention Month and the services the Center provides.

PAGE 4 OF 12
SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
Lynley
- Commented on concerns with democracy, comments by others about Hamas, and the unhoused.

PUBLIC HEARINGS

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.” RESOLUTION 2023-062 Nicolle Burnham, Parks and Public Works Director, presented the staff report.

Mayor Ristow opened public comment.

No one spoke.

Mayor Ristow closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Hudes to approve the resolution and add to the resolution a definition of sustainability as “meets the needs of the present without compromising the ability of future generations to meet their own needs” and introduce the 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.” Seconded by Council Member Moore.

VOTE: Motion passed unanimously.

OTHER BUSINESS

14. Discuss and Provide Any Requested Modifications to the Proposed Joint Powers Agreement (JPA) to Create the Cities Association of Santa Clara County Joint Powers Agency.

Laurel Prevetti, Town Manager, presented the staff report.

Mayor Ristow opened public comment.

Larry Klein, Mayor of Sunnyvale
- Commented on the process of moving to a Joint Powers Authority and discussed the benefits of joining the association.

PAGE 5 OF 12
SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
Mayor Ristow closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Moore to approve the proposed Joint Powers Association (JPA) agreement to create the Cities Association of Santa Clara County Joint Powers Agency and authorize the Town Manager to execute the agreement.

Seconded by Council Member Hudes.

VOTE: Motion passed unanimously.

PUBLIC HEARINGS

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. RESOLUTION 2023-063 Jocelyn Shoopman, Associate Planner, presented the staff report.

Mayor Ristow opened public comment.

No one spoke.

Mayor Ristow closed public comment.

Council discussed the item.

MOTION: Motion by Vice Mayor Badame to adopt a resolution (Attachment 1 of the staff report) 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). Seconded by Council Member Moore.

VOTE: Motion passed unanimously.

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

PAGE 6 OF 12
SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
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.

RESOLUTION 2023-064 and ORDINANCE 2347
Jocelyn Shoopman, Associate Planner, presented the staff report.

Mayor Ristow opened public comment.

Lee Quintana
- Requested clarification on the zoning and development requirements.

Lee Fagot
- Commented that his remarks pertained to multiple items on the agenda, including concerns with the housing sites buffer, overbuilding in the proposed areas, and builder’s remedy.

Mayor Ristow closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Hudes to 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’” as revised in the desk items. Seconded by Council Member Moore.

VOTE: Motion passed 4-0-1. Vice Mayor Badame abstained.

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 Rightof-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,

PAGE 7 OF 12
SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
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.

RESOLUTION 2023-065 and ORDINANCE 2348
Erin Walters, Associate Planner, presented the staff report.

Mayor Ristow opened public comment.

No one spoke.

Mayor Ristow closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Moore to adopt the staff recommendation as contained in the Item #17 staff report [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 (SingleFamily 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”] with the addition of the information in the desk item and the addendum. Seconded by Council Member Rennie.

PAGE 8 OF 12
SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
VOTE: Motion passed 3-1-1. Council Member Hudes voted no. Vice Mayor Badame abstained.

Vice Mayor Badame announced she will recuse herself from Item #18 due to the location of her residence within 1,000 feet of the proposed sites and left the Council Chambers.

Mayor Ristow called a recess at 9:30 p.m.

The meeting reconvened at 9:43 p.m.

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.

ORDINANCE 2349
Erin Walters, Associate Planner, presented the staff report.

Mayor Ristow opened public comment.

No one spoke.

Mayor Ristow closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Rennie to accept the rezoning of the two properties by approving the recommendation listed in the Item #18 staff report [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.”] Seconded by Council Member Moore.

VOTE: Motion passed 3-1-1. Council Member Hudes voted no. Vice Mayor Badame recused.

PAGE 9 OF 12
SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
Vice Mayor Badame returned to the Council Chambers.

Council Member Moore announced he will recuse himself from Item #19 due to the location of his residence to the proposed sites and left the Council Chambers.

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. ORDINANCE 2350
Erin Walters, Associate Planner, presented the staff report.

Mayor Ristow opened public comment.

Lee Quintana
- Commented on approving all of the HEOZ items.

Mayor Ristow closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Rennie to approve the staff recommendation listed in the Item 19 staff report [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.”] Seconded by Mayor Ristow.

VOTE: Motion passed 3-0-1-1. Vice Mayor Badame abstained. Council Member Moore recused.

Council Member Moore returned to the Council Chambers.

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SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
Mayor Ristow announced she will recuse herself from Item #20 due to the location of her residence to the proposed sites, handed the gavel over to the Vice Mayor to preside over the meeting in her absence, and left the Council Chambers.

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.

Erin Walters, Associate Planner, presented the staff report.

Vice Mayor Badame opened public comment.

No one spoke.

Vice Mayor Badame closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Rennie to delay the rezoning of this item to a time in which there is more certainty that it will be needed in order to certify the Housing Element. Seconded by Council Member Hudes.

VOTE: Motion passed 3-1-1. Council Member Moore voted no. Mayor Ristow recused.

Mayor Ristow returned to the Council Chambers.

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 A-23-002. Project Location:

Town Wide. Applicant: Town of Los Gatos. ORDINANCE 2351 Sean Mullin, Senior Planner, presented the staff report.

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SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
Mayor Ristow opened public comment.

Lee Quintana
- Requested the changes in the Ordinance be summarized and requested a clarification on second story Accessory Dwelling Units (ADUs).

Mayor Ristow closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Rennie to accept staff’s recommendation listed in the Item 21 staff report [to 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” as contained in Attachment 1 of the staff report]. Seconded by Council Member Moore.

VOTE: Motion failed 2-3. Council Member Hudes, Vice Mayor Badame, and Mayor Ristow voted no.

MOTION: Motion by Council Member Ristow to introduce an ordinance with the Planning Commission’s and staff’s recommendations, (Attachment 1 to the staff report) with an amendment to the ordinance to replace the language for no parking requirement with the parking requirements language that was proposed to the Planning Commission. [Remove Sec. 29.10.320 (f) “Parking. No parking shall be required for a new accessory dwelling unit and/or junior accessory dwelling unit.” Add Sec.

29.10.320 (f) “Parking. One (1) parking space per accessory dwelling unit or per bedroom, whichever is less, shall be provided in addition to the required minimum number of parking spaces for the primary dwelling. These spaces may be provided in a front or side setback abutting a street on a driveway (provided that it is feasible based on specific site or fire and life safety conditions) or through tandem parking.

In addition to parking otherwise required for units as set forth in section 29.10.150 of the Town Code, the number of off-street parking spaces required by this Chapter for the primary dwelling shall be provided prior to the issuance of a Building Permit or final inspection, for a new accessory dwelling unit. (1) Exceptions. No parking space shall be required under any of the following conditions: a. No additional parking shall be required for a junior accessory dwelling unit. b. The accessory dwelling unit is located within one-half mile walking distance of public transit. c. The accessory dwelling unit is located within an architecturally and historically significant historic district. d. The accessory dwelling unit is contained within the proposed or

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SUBJECT: Draft Minutes of the Town Council Meeting of November 7, 2023 DATE: November 7, 2023
existing space of, or constructed in substantially the same location and manner as, an existing primary dwelling or accessory structure. e. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. f. When there is a car share vehicle (as defined by the California Vehicle Code) located within one (1) block of the accessory dwelling unit. g. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or multi-family dwelling on the same lot. h.

When a garage is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, any lost off-street parking spaces required for the primary dwelling shall not be required to be replaced. i.

When the Director finds that the lot does not have adequate area to provide parking.”] Seconded by Council Member Hudes.

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

ADJOURNMENT
The meeting adjourned at 11:14 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: 11/21/2023
ITEM NO: 3
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, November 14, 2023
The Town Council of the Town of Los Gatos conducted a Special Meeting in person and utilizing teleconferencing means on Tuesday, November 14, 2023, at 5:00 p.m. to hold a Closed Session.

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 (participating remotely under the Brown Act).

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 Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code 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.

ADJOURNMENT
The meeting adjourned at 6:56 p.m.

Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Town Clerk Laurel Prevetti, Town Manager

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 11/21/2023
ITEM NO: 4
DATE: November 16, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt 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 A-23-002. Project Location: Town Wide. Applicant: Town of Los Gatos.

RECOMMENDATION:

Adopt 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” (Attachment 1).

DISCUSSION:

On November 7, 2023, the Town Council considered and voted unanimously to introduce an Ordinance amending Chapter 29 (Zoning Regulations) of the Town Code regarding accessory dwelling units with specific modifications. Adoption of the attached Ordinance (Attachment 1) would finalize this decision and includes the modifications requested by the Town Council described below.

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SUBJECT: ADU Ordinance Amendments/Town Code Amendment Application A-23-002 DATE: November 16, 2023
DISCUSSION (continued):

The Town Council motion included a specific modification to not accept the recommendation of the Planning Commission to eliminate parking requirements for accessory dwelling units altogether and to revise the Ordinance to reinstate the parking regulations to Section 29.10.320 (f) as presented to the Planning Commission on September 13, 2023. The parking regulations have been reinstated in the Draft Ordinance included as Attachment 1 and are provided below.

As indicated in the September 13, 2023 Planning Commission staff report, the parking regulations in the Draft Ordinance remain largely unchanged from the current Town Code.

Some reorganization has occurred to group all exceptions together. (f) Parking. One (1) parking space per accessory dwelling unit or per bedroom, whichever is less, shall be provided in addition to the required minimum number of parking spaces for the primary dwelling. These spaces may be provided in a front or side setback abutting a street on a driveway (provided that it is feasible based on specific site or fire and life safety conditions) or through tandem parking. In addition to parking otherwise required for units as set forth in section 29.10.150 of the Town Code, the number of off-street parking spaces required by this Chapter for the primary dwelling shall be provided prior to the issuance of a Building Permit or final inspection, for a new accessory dwelling unit. (1) Exceptions. No parking space shall be required under any of the following conditions:
a. No additional parking shall be required for a junior accessory dwelling unit. b. The accessory dwelling unit is located within one-half mile walking distance of public transit.
c. The accessory dwelling unit is located within an architecturally and historically significant historic district.
d. The accessory dwelling unit is contained within the proposed or existing space of, or constructed in substantially the same location and manner as, an existing primary dwelling or accessory structure.
e. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
f. When there is a car share vehicle (as defined by the California Vehicle Code) located within one (1) block of the accessory dwelling unit. g. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or multi-family dwelling on the same lot.
h. When a garage is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, any lost off-street parking spaces required for the primary dwelling shall not be required to be replaced.
i. When the Director finds that the lot does not have adequate area to provide parking.

PAGE 3 of 4
SUBJECT: ADU Ordinance Amendments/Town Code Amendment Application A-23-002 DATE: November 16, 2023
ENVIRONMENTAL ASSESSMENT:

The environmental impacts of the proposed amendments to the Town Code were analyzed in the Environmental Impact Report for the 2040 General Plan. In addition, the proposed amendments are exempt pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that they will not significantly affect the physical environment in that they make minor changes to the regulations applicable to accessory dwelling units and junior accessory dwelling units.

Attachment:

1. Draft Ordinance

This Page
Intentionally
Left Blank

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DRAFT ORDINANCE

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 WHEREAS, from 2016 through 2022, the Governor signed a number of bills intended to address the State’s housing crisis by creating new housing opportunities through accessory dwelling units and junior accessory dwelling units; and WHEREAS, in 2017 and 2020, the Town updated the Town Code regarding accessory dwelling units and junior accessory dwelling units to comply with State laws; and WHEREAS, effective January 1, 2023, Senate Bill 897 and Assembly Bill 2221 amended Government Code Section 65852 to continue to address barriers to the development of accessory dwelling units and junior accessory dwelling units; and WHEREAS, these bills made substantial changes in the development standards applicable to accessory dwelling units and junior accessory dwelling units, including height, front yard setbacks, owner-occupancy, permit review time limits, and fire sprinklers; and WHEREAS, the Town Council of the Town of Los Gatos adopted the 2023-2031 Housing Element on January 30, 2023, which includes policies that promote accessory dwelling units as a means to increase access to opportunity for lower-income households by encouraging infill of smaller units in single-family neighborhoods (Policy HE-1.7); ensure that at least 30 percent of the housing stock is rental units and continue to support the development of ADUs as a means of affordable rental housing (Policy HE-2.4); and Encourage homeowners to construct detached rental ADUs in order to increase the housing stock of smaller rental units (Policy HE-2.6); and WHEREAS, the Town Council wishes to amend the Town Code to comply with State law and to implement Policies HE-1.7, HE-2.4, and HE-2.6 of the Town of Los Gatos 2023-2031 Housing Element; and
WHEREAS, the Town reviewed the changes in State law regarding accessory dwelling units and junior accessory dwelling units that have taken plan since the 2020 update to the Town Code and determined that a complete overhaul of the Town’s accessory dwelling units and junior accessory dwelling units regulations was necessary; and Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
ATTACHMENT 1

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WHEREAS, in drafting the revised accessory dwelling unit and junior accessory dwelling unit regulations, the Town considered changes in State law, feedback and clarification from the California Department of Housing and Community Development, and feedback from Town residents regarding privacy impacts caused by new accessory dwelling units on neighboring properties; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Planning Commission for public hearing on September 13, 2023; and WHEREAS, on September 13, 2023, the Planning Commission reviewed and commented on the proposed amendments regarding accessory dwelling units and forwarded a recommendation to the Town Council for approval of the proposed amendments with the recommendation that parking requirements for all accessory dwelling units be eliminated; 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, on November 7, 2023, the Town Council reviewed and commented on the proposed amendments regarding accessory dwelling units and the Town Council voted to introduce the Ordinance with specific modifications; 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 21, 2023.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Division 7, “Accessory Dwelling Units,” of Chapter 29, “Zoning Regulations,” is replaced with the following:

DIVISION 7. ACCESSORY DWELLING UNITS
Sec. 29.10.305. Intent and authority.

This Division is adopted to comply with amendments to Government Code §§ 65852.2, 65852.22, 65852.23, and 65852.26, which mandate that applications for accessory dwelling units be considered ministerially without a public hearing; and sets Town standards for the development of accessory dwelling units in order to increase the supply of affordable housing in a manner that is compatible with existing neighborhoods.

Sec. 29.10.310. Definitions.

The following words, terms, and phrases, when used in these accessory dwelling unit regulations, shall have the meanings ascribed to them in this section:

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Accessory dwelling unit means a detached or attached residential dwelling unit that is located on the same parcel as a proposed or existing primary dwelling. It shall provide complete independent living facilities for one or more persons with permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes efficiency units and manufactured homes.
(1) A detached accessory dwelling unit is physically separate from a primary dwelling. (2) An attached accessory dwelling unit is contained within the space of and/or physically attached to a proposed or existing primary dwelling.

Efficiency kitchen means a limited kitchen that includes a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. Examples of cooking appliances that may be used are: microwave ovens, hot plates, and similar appliances intended for use on top of a countertop. Refrigerator size is not limited.

Efficiency unit has the meaning set forth in Section 17958.1 of the Health and Safety Code.

High-quality transit corridor has the meaning set forth in Section 21155 of the Public Resources Code.

Junior accessory dwelling unit means a dwelling unit that does not exceed a floor area of five hundred (500) square feet and is entirely contained within the space of a proposed or existing single-family residence. For the purposes of this definition, enclosed spaces within the singlefamily residence, such as attached garages, are considered a part of the proposed or existing single-family residence.

Kitchen means a cooking facility that includes a permanently installed cooking appliance, sink, refrigerator, food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the dwelling unit.

Legal nonconforming zoning condition means a physical improvement on a property that was lawful when it was constructed but does not conform with current zoning standards.

Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

Major transit stop has the meaning set forth in Section 21155 of the Public Resources Code.

Manufactured home has the meaning set forth in Section 18007 of the Health and Safety Code.

Nonconforming accessory dwelling unit means a unit that exists under the following circumstances:
(1) A unit which was created or converted lawfully but, due to a zone change or an amendment to the zoning ordinance, became nonconforming; or (2) A unit which was created lawfully while within the County but, upon annexation to the Town, became nonconforming.

Objective design standards means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform

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benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit and/or junior accessory dwelling unit.

Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

Public transit means a location, such as a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

Unpermitted accessory dwelling unit means a dwelling unit that was created through the construction of a new structure or expansion of an existing structure without the benefit of a Building Permit (at a time when a Building Permit was required) and that cannot be otherwise legalized because it does not comply with development standards provided in this Chapter.

Sec. 29.10.315. Review process.
(a) Development of an accessory dwelling unit and/or junior accessory dwelling unit consistent with this Division shall be reviewed ministerially as a Building Permit and the Town shall take final action within sixty (60) days of submittal of a complete application. (1) When an accessory dwelling unit and/or junior accessory dwelling unit is proposed in conjunction with a permit application to create a new single-family or multi-family dwelling, the Town shall not take final action on the accessory dwelling unit and/or junior accessory dwelling unit until the application for the new single-family or multifamily dwelling is approved. (2) The Town shall not issue a Certificate of Occupancy for an accessory dwelling and/or junior accessory dwelling unit before the Town issues a Certificate of Occupancy for the primary dwelling.
(b) Notification. The Town shall not require, and the applicant shall not be otherwise required to provide written notice or post a placard for construction of an accessory dwelling unit and/or junior accessory dwelling unit. No noticing shall be required for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (c) Denial. An application may be denied if it does not meet the design and development standards. An application may also be denied if the following findings are made:
(1) Adverse impacts on health, safety, and/or welfare of the public. (d) Appeals. Accessory dwelling units and junior accessory dwelling units that are consistent with this Division are ministerial and are not subject to an appeal.

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Sec. 29.10.320. General requirements and restrictions.
(a) Incentive program. Any accessory dwelling unit or junior accessory dwelling unit developed under an Incentive Program which may be established by Resolution of the Town Council shall be made affordable to eligible applicants pursuant to the requirements of the Incentive Program. A Deed Restriction shall be recorded specifying that the accessory dwelling unit or junior accessory dwelling unit shall be offered at a reduced rent that is affordable to a lower income renter (less than eighty (80) percent AMI) provided that the unit is occupied by someone other than a member of the household occupying the primary dwelling.
(b) Parcel requirements. An accessory dwelling unit and/or junior accessory dwelling unit may only be created on parcels satisfying all the following general requirements:
(1) Permitted zones. A parcel zoned to allow single-family or multi-family residential use. (2) Dwelling unit. A parcel that includes a proposed or existing primary dwelling. (c) Number. Accessory dwelling units and/or a junior accessory dwelling unit may be permitted on a residential parcel as follows:
(1) Single-family development. Not more than one (1) junior accessory dwelling unit contained within the space of a proposed or existing single-family dwelling, and one (1) accessory dwelling unit, may be permitted on a lot with a proposed or existing primary dwelling.
(2) Multi-family development. Not more than a number equal to twenty-five (25) percent of the existing multi-family dwelling units rounded-up to the next whole number, within the portions of an existing multi-family dwelling not used as livable space (such as storage rooms, boiler rooms, passageways, attics, basements, or garages), and two (2) detached accessory dwelling units, may be permitted on a lot with a proposed or existing multi-family dwelling.
(d) Floor area ratio (FAR) standards.
(1) Accessory dwelling units. Accessory dwelling units (attached or detached) are allowed a ten (10) percent increase in the floor area ratio standards for all structures, excluding garages. Exception: Up to eight hundred (800) square feet of gross floor area of an accessory dwelling unit shall be exempt from the applicable FAR standards. This subsection does not apply to junior accessory dwelling units. (2) Junior accessory dwelling units. Junior accessory dwelling units are subject to the floor area ratio standards for all structures, excluding garages. (e) Lot coverage. Accessory dwelling units and junior accessory dwelling units are exempt from the lot coverage standards applicable to the zone and the accessory structure lot coverage limitations included in Section 29.40.015 (A)(5).
(f) Parking. One (1) parking space per accessory dwelling unit or per bedroom, whichever is less, shall be provided in addition to the required minimum number of parking spaces for the primary dwelling. These spaces may be provided in a front or side setback abutting a street on a driveway (provided that it is feasible based on specific site or fire and life safety

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conditions) or through tandem parking. In addition to parking otherwise required for units as set forth in section 29.10.150 of the Town Code, the number of off-street parking spaces required by this Chapter for the primary dwelling shall be provided prior to the issuance of a Building Permit or final inspection, for a new accessory dwelling unit. (1) Exceptions. No parking space shall be required under any of the following conditions:
a. No additional parking shall be required for a junior accessory dwelling unit. b. The accessory dwelling unit is located within one-half mile walking distance of public transit.
c. The accessory dwelling unit is located within an architecturally and historically significant historic district.
d. The accessory dwelling unit is contained within the proposed or existing space of, or constructed in substantially the same location and manner as, an existing primary dwelling or accessory structure.
e. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
f. When there is a car share vehicle (as defined by the California Vehicle Code) located within one (1) block of the accessory dwelling unit. g. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or multi-family dwelling on the same lot.
h. When a garage is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, any lost off-street parking spaces required for the primary dwelling shall not be required to be replaced. i. When the Director finds that the lot does not have adequate area to provide parking.
(g) Design standards. The purpose of these objective design standards is to ensure that the residential appearance of a property is maintained and that an accessory dwelling unit and/or junior accessory dwelling unit are compatible with the primary dwelling and the neighborhood. The following objective design standards apply to the construction of an accessory dwelling unit and/or junior accessory dwelling unit:
(1) Front entryway. A front entryway framing a front door shall have a roof eave that matches or connects at the level of the adjacent eave line. (2) Front porch. If proposed, front porches shall have a minimum depth of six (6) feet and a minimum width equal to twenty-five (25) percent of the linear width of the front elevation.
(3) Windows. All second-story windows less than ten (10) feet from rear and/or side property lines shall be clerestory with the bottom of the glass at least six (6) feet above the finished floor, except as necessary for egress purposes as required by the Building Code.
(4) Balconies and Decks. Balconies, rooftop terraces, and second-story decks are prohibited for all accessory dwelling units and junior accessory dwelling units.

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(5) Outside stairways. Outside stairways serving a second-story accessory dwelling unit and/or junior accessory dwelling unit shall not be constructed on any building elevation facing a street. This standard shall not preclude construction of an 800 square-foot accessory dwelling unit.
(6) Detached and/or attached accessory dwelling units. A detached and/or attached accessory dwelling unit shall match the existing architectural style of the primary dwelling by using the same exterior wall material, wainscot, trim material, roofing material, and window frames/trim as the primary dwelling. An exception to this requirement may be granted pursuant to the requirements of the California Code of Regulations, Title 24.
(7) Attached garage conversion. An existing attached garage that is converted to an accessory dwelling unit and/or junior accessory dwelling unit shall include removal of the vehicle garage door(s), which shall be replaced with architectural features to match those of the primary dwelling by using the same exterior wall material, wainscot, trim material, roofing material, and window frames/trim as the primary dwelling to remove any appearance that the structure was originally a garage. (8) Detached garage conversion. An existing detached garage that is converted to an accessory dwelling unit shall include removal of the vehicle garage door(s), which shall be replaced with architectural features to match the remaining portions of the detached structure by using the same exterior wall material, wainscot, trim material, roofing material, and window frames/trim that remove any appearance that the structure was originally a garage.
(h) Grading.
(1) To the extent required by Chapter 12, Article II and Section 29.10.09045 (b) of the Town Code, the grading activities set forth in subsection (2) below may require a Grading Permit, but will not require discretionary review of an Architecture and Site Application. (2) Grading activities associated with the construction of an accessory dwelling unit and/or junior accessory dwelling unit shall not exceed fifty (50) cubic yards, cut plus fill, except:
a. Light wells that do not exceed the minimum required by the Building Code shall not count as grading activity for the purpose of this section. b. Excavation within the footprint of a proposed accessory dwelling unit shall not count as grading activity for the purpose of this section.
(i) Cut and fill. Construction of an accessory dwelling unit and/or a junior accessory dwelling unit shall be subject to the cut and fill requirements specified by Table 1-1 (Cut and Fill Requirements for Accessory Dwelling Units and Junior Accessory Dwelling Units) below:

Table 1-1 – Cut and Fill Requirements for Accessory Dwelling Units and Junior Accessory Dwelling Units
Site Element Cut* Fill*
Accessory dwelling unit/junior accessory dwelling
unit
4 feet 3 feet

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Driveways** 4 feet 3 feet
Other (decks, yards)* 4 feet 3 feet
* Combined depths of cut plus fill for an accessory dwelling unit or junior accessory dwelling unit shall be limited to six (6) feet.
** Excludes cut and fill for the minimum driveway and fire access standards as required by the Santa Clara County Fire Department.
(j) Retaining walls. Retaining walls shall not exceed five (5) feet in height and shall not run in a continuous direction for more than fifty (50) feet without a break, offset, or planting pocket.

Retaining walls shall have a five (5) foot landscape buffer adjacent to the street. (k) Light reflectivity value. Exterior materials for accessory dwelling units and/or junior accessory dwelling units in the Hillside Overlay shall comply with requirements in Chapter V, Section I, of the Town’s Hillside Development Standards and Guidelines. (l) Landscaping. All landscaping shall comply with the California Model Water Efficient Landscape Ordinance (MWELO).
(m)Lighting. New exterior lighting fixtures shall be downward directed and utilize shields so that no bulb is visible to ensure that the light is directed to the ground surface and does not spill onto neighboring parcels consistent with Section 29.10.09015 of the Town Code. (n) Trees. Any proposed work shall comply with the protection, removal, and replacement requirements for protected trees in Chapter 29, Article I, Division 2, “Tree Protection,” of the Town Code.
(o) Stormwater management. The development shall comply with the requirements of the Town’s National Pollution Discharge Elimination System Permit as implemented by Chapter 22 of the Town Code, and as demonstrated by a grading and drainage plan prepared by a registered civil engineer.
(p) Conveyance. Except as provided in CA Government Code Section 65852.26, an accessory dwelling unit may be rented separate from the primary dwelling but may not be sold or otherwise conveyed separate from the primary dwelling.
(q) Town codes and ordinances. All accessory dwelling units and junior accessory dwelling units shall comply with all the provisions of this Chapter and other applicable Town Codes. (r) Building codes. All accessory dwelling units and junior accessory dwelling units shall comply with applicable building, health, and fire codes, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety.

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(s) Rentals longer than 30 days. Rentals for durations of less than thirty (30) days, including short-term rentals (as defined by the California Government Code), are prohibited. (t) Maximum number of dogs, cats, or litters. All accessory dwelling units shall comply with Section 4.40.010 of the Town Code.

Sec. 29.10.325. Accessory dwelling unit development standards.

An accessory dwelling unit must comply with the following objective development standards:
(a) Location.
(1) No detached accessory dwelling unit may be constructed in front of the primary dwelling except in the HR zones.
(2) No accessory dwelling unit may be constructed in front of a primary dwelling or added to an existing second story of a primary dwelling that is any of the following:
a. A Historic Structure, as defined in Section 29.10.020 of the Zoning Code; b. Listed in the Town of Los Gatos Historic Resource Inventory, as defined by Town Code Chapter 29, Article VII, Division 3, “Historic Preservation and LHP or Landmark and Historic Preservation Overlay Zone;” or
c. Listed in the California Register of Historical Resources. (b) Setbacks. Accessory dwelling units shall be subject to the setback requirements specified in Table 1-2 (Accessory Dwelling Unit Setback Requirements) below:

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Table 1-2. Accessory Dwelling Unit Setback Requirements(1) Single-Family Multi-Family
New construction
detached ADU
New attached
ADU within
the existing
space of the
primary
dwelling(2) or
accessory
structure
New attached
ADU within the
proposed space of
the primary
dwelling
New construction
detached ADU
Conversion of
portions existing
multi-family
dwelling not
used as livable
space(3)
Conversion of
existing
accessory
structure(s)
Front Per the applicable
zoning district(4) N/A Per the applicable zoning district(4) Per the applicable
zoning district(4)
Rear 4 feet minimum N/A N/A
Sufficient for
fire and safety
4 feet minimum 4 feet minimum
Side (including
street-side)
4 feet minimum 4 feet minimum 4 feet minimum
From any other
structure located
on the same lot(5)
5 feet minimum N/A 5 feet minimum 5 feet minimum N/A N/A (1) Cornices, eaves, belt courses, sills, canopies, bay windows, chimneys, or other similar architectural features may extend into required setbacks as specified in Section 29.40.070 (b) of the Zoning Code. (2) Includes attached garages.
(3) Such as storage rooms, boiler rooms, passageways, attics, basements, or garages. (4) Front setback requirements shall not preclude construction of an 800 square-foot accessory dwelling unit. (5) Measured from the exterior wall surface and/or supporting posts. (c) Maximum unit size.
(1) The maximum floor area of an accessory dwelling unit is one thousand two hundred (1,200) square feet.
(2) An attached accessory dwelling unit that is not created though conversion of existing space shall not exceed fifty (50) percent of the size of the existing primary dwelling.

Exception: Up to eight hundred (800) square feet of gross floor area of an attached accessory dwelling unit shall be exempt from this subsection. (3) Detached accessory dwelling units exceeding a combined square footage of four hundred fifty (450) square feet in the R-1, R-D, R-M, RMH, and R-1D zones shall not be subject to the Administrative Procedure for Minor Residential Projects. Detached accessory dwelling units exceeding a combined square footage of six hundred (600) or one thousand (1,000) square feet in the HR and RC zones shall not be subject to Development Review Committee or Planning Commission approval. (d) Maximum number of bedrooms. There is no limit on the number of bedrooms in an accessory dwelling unit.
(e) Stories. Accessory dwelling units shall be contained within one (1) story. (f) Height. Accessory dwelling units shall be subject to the height requirements below:

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(1) A height of sixteen (16) feet for a detached accessory dwelling unit on a lot with a proposed or existing single-family or multi-family dwelling. (2) A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with a proposed or existing single-family or multi-family dwelling that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor. An additional two feet in height shall be provided to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (3) A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with a proposed or existing multi-family, multi-story dwelling. (4) A height of twenty-five (25) feet or the height limitation of the applicable zoning district that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a proposed or existing two-story primary dwelling. (5) Accessory dwelling units may be added directly above an existing one-story accessory structure on a property with a proposed or existing two-story primary dwelling in the R-1, R-D, R-M, RMH, and R-1D zones. These second-story accessory dwelling units may not be internally connected to the accessory structure below by an interior staircase.
(g) Entrances. Attached accessory dwelling units shall include a separate entrance from the main entrance to the proposed or existing primary dwelling. An accessory dwelling unit contained on a second story shall be served by a separate, dedicated interior or exterior stairway. A passageway from the accessory dwelling unit to a public street may be created but shall not be required by the Town.
(h) Interior connection. An attached accessory dwelling unit may, but shall not be required to, contain an interior doorway connection between the primary dwelling and the accessory dwelling unit.
(i) Conversion of existing floor area. An accessory dwelling unit shall be permitted if the accessory dwelling unit is contained within the existing space of, or constructed in the same location and manner as, an existing primary dwelling or accessory structure. The following provisions shall apply:
(1) The accessory dwelling unit shall be located on a lot zoned to allow single-family, twofamily, or multi-family residential use. (2) The accessory dwelling unit shall have a separate entrance from the primary dwelling. (3) The accessory dwelling unit shall have existing side and rear setbacks sufficient for fire safety.
(4) An expansion of one hundred fifty (150) square feet beyond the physical dimensions of an existing structure, limited to accommodating ingress and egress, shall be permitted.
(5) When an existing structure is nonconforming as to setback standards and converted to an accessory dwelling unit, any expansion of that structure may not be nearer to a property line than the existing building in accordance with Section 29.10.245.

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(j) Density. Accessory dwelling units that conform to California Government Code Section 65852.2 shall be deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing General Plan and zoning designation for the lot.
(k) Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

Sec. 29.10.330. Junior dwelling unit development standards. (a) Location. A junior accessory dwelling unit shall be constructed entirely within the walls of the proposed or existing single-family residence. For the purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. Junior accessory dwelling units may not be located within the space of, or attached to, a detached accessory structure of any type. (b) Setbacks. A junior accessory dwelling unit shall be subject to the setback requirements of the applicable zoning district for a single-family residence, or the setbacks established by the existing single-family residence within which the junior accessory dwelling unit is located, whichever is less and sufficient for fire safety. (c) Maximum unit size. The maximum floor area of a junior accessory dwelling unit is five hundred (500) square feet, measured from the outer face of exterior walls and the centerline of shared interior walls.
(d) Entrances. A junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing single-family residence. When separate sanitation facilities are not included within the space of the junior accessory dwelling unit, an interior entry into the main living area of the primary dwelling shall be provided in addition to the separate entrance from the main entrance to the proposed or existing single-family residence. A junior accessory dwelling unit contained on a second story shall be served by a separate, dedicated interior or exterior stairway. A passageway from the accessory dwelling unit to a public street may be created but shall not be required by the Town. (e) Kitchen. A junior accessory dwelling unit shall contain a kitchen or an efficiency kitchen. (f) Sanitation facilities. A junior accessory dwelling unit may include separate sanitation facilities, or it may share sanitation facilities with the single-family residence. If sanitation facilities are not provided within the space of the junior accessory dwelling unit, an interior doorway shall be provided between the junior accessory dwelling unit and the living area of the single-family dwelling.
(g) Owner-occupancy. The property owner shall reside in the single-family residence in which the junior accessory dwelling unit will be located. The property owner may reside in either the remaining portion of the single-family residence or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

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(h) Deed Restriction. Prior to Building Permit issuance, the applicant shall record a Deed Restriction in the form prescribed by the Town, which shall run with the land and provide for all the following:
(1) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
(2) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(3) Owner-occupancy consistent with this section.
(i) Fire or life protection. For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

Sec. 29.10.335. Unpermitted units.

This section provides a mechanism to legalize unpermitted accessory dwelling in compliance with Government Code Section 65852.23.
(a) Applicability. This section applies to accessory dwelling units that were unlawfully constructed prior to January 1, 2018, and that have not been deemed substandard pursuant to Section 17920.3 of the Health and Safety Code by the building official. The Community Development Director may determine construction date by any credible means warranted, including use of aerial photography, county records, photographs, and signed affidavits.
(b) Relief. The Town shall not deny a permit to legalize an unpermitted accessory dwelling solely due to either of the following:
(1) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code; or
(2) The accessory dwelling unit does not comply with Government Code Section 65852.2; or
(3) The accessory dwelling unit does not comply with this Chapter. (c) Approval. An unpermitted accessory dwelling unit may be legalized in compliance with Section 29.10.315 (Review Process).
(d) Enforcement. A property owner who makes known to the Town the existence of an unpermitted accessory dwelling unit but who fails to obtain and finalize a Building Permit, shall be subject to enforcement and penalties as specified by Division 9 of this Chapter. (e) Exception. The Town may deny a permit to legalize an unpermitted accessory dwelling unit and instead require correction of the violation(s) if the Building Official makes a finding that correcting the violation(s) is necessary to protect the health and safety of the public or occupants of the structure.

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Sec. 29.10.340. Nonconforming accessory dwelling units and junior accessory dwelling units. (a) Permits. The owner of a nonconforming accessory dwelling unit and/or junior accessory dwelling unit, as defined in Section 29.10.310, must obtain a permit in compliance with Section 29.10.315 (Review Process).

Where an application has been submitted for a nonconforming accessory dwelling unit and/or junior accessory dwelling unit and Town records do not establish its nonconforming status, the property owner will have sixty (60) days from the date the Town provides notice of its findings to submit any facts and evidence to support a claim that the unit is nonconforming as defined in this Article. If at the end of sixty (60) days evidence has not been submitted by the property owner to establish the accessory dwelling unit and/or junior accessory dwelling unit is nonconforming to the satisfaction of the Community Development Director, the unit shall be determined to be an unpermitted accessory dwelling unit pursuant to section 29.10.335 and subject to its regulations. (b) Units existing at time of annexation. Upon annexation a lawful accessory dwelling unit and/or junior accessory dwelling unit shall become nonconforming and the owner must either apply for a permit pursuant to Section 29.10.315 (Review Process) within one (1) year of the date of annexation. A property owner who makes known to the Town the existence of a nonconforming accessory dwelling unit and/or junior accessory dwelling unit but who fails to obtain and finalize a Building Permit, shall be subject to enforcement and penalties as specified by Division 9 of this chapter.

Sec. 29.10.350. Elimination and/or demolition of existing accessory dwelling units and/or junior accessory dwelling units.

In order to eliminate and/or demolish, without replacement, an approved accessory dwelling unit and/or junior accessory dwelling unit, the Development Review Committee shall make the finding that the proposed elimination and/or demolition, (without replacement), is consistent with the Town's Housing Element of the General Plan. In order to eliminate and/or demolish an existing accessory dwelling unit, the Development Review Committee must make the demolition findings pursuant to Section 29.10.09030.

Sec. 29.10.355. Nonconforming zoning conditions.

The Town shall not deny an application for a permit to create an accessory dwelling unit and/or junior accessory dwelling unit based on a need for the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the accessory dwelling unit and/or junior accessory dwelling unit.

Sec. 29.10.360. Utilities.
(a) An accessory dwelling unit may be required to have a new or separate unity connection, including a separate sewer lateral, between the accessory dwelling unit and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values.

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(1) Exceptions: Junior accessory dwelling units, accessory dwelling units within the proposed space of a single-family dwelling, or accessory dwelling units within the existing space of a single-family dwelling or accessory structure are exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges, unless the accessory dwelling unit was constructed with a new single-family dwelling.

Sec. 29.10.365. Fees.
(a) Connection fees and capacity charges. An accessory dwelling unit shall not be considered by the Town, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(b) Impact fees. An accessory dwelling unit less than seven hundred fifty (750) square feet or a junior accessory dwelling unit is exempt from impact fees imposed by the Town, special district, or water corporation. An accessory dwelling seven hundred fifty (750) square feet or greater is subject to the Traffic Impact Fee requirements of the Town’s Traffic Impact Policy (Policy 1-08), as may be amended from time to time. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this subparagraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of CA Government Code Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

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SECTION II. Section 29.10.195, “Termination of nonconforming use status,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Sec. 29.10.195. - Termination of legal nonconforming use status. (a) Unless this Division is amended to provide otherwise, the following legal nonconforming uses may continue interminably so long as they conform to the other requirements of this Division:
(1) Legal nonconforming residential uses.
(2) Schools.
(3) Church uses.
(4) Nonresidential uses in the downtown which would otherwise be nonconforming due to zone changes and ordinance amendments which occurred after July 1, 1982. (5) Residential care facilities for the elderly that existed as of January 1, 1988 and are nonconforming only as to parking.
(6) Hotels/motels located in residential zones which were converted to multiple-family dwelling units prior to March 22, 1986, if a conditional use permit is obtained. (7) Commercial uses that are nonconforming as to parking if parking has been provided onsite by July 1, 1992, or twenty (20) years from the date the use became legal nonconforming, whichever is later.
(b) The following legal nonconforming uses shall cease at the end of the following time periods:
(1) A junkyard shall cease ninety (90) days from the date it becomes nonconforming. (2) Where there are improvements on land, but of a type for which no Building Permit would currently be required, the legal nonconforming use shall cease three (3) years from the date the use becomes legal nonconforming.
(3) Where the land is improved with one (1) or more structures of a type for which a Building Permit would currently be required and the structure(s) are utilized in connection with the legal nonconforming use, the legal nonconforming use shall cease twenty (20) years from March 23, 1966, or twenty (20) years from the date the use became legal nonconforming, whichever is later.
(4) When a zoning amendment is adopted after 1981 that causes a use to be legal nonconforming solely by subjecting it to the requirement of obtaining a conditional use permit, all uses affected by the amendment shall apply for a use permit within sixty (60) days after the amendment becomes effective. Failure to make such application within that time shall make the subject use immediately unlawful. (5) A business engaged in the retail sales [of] firearms and/or destructive devices shall cease four (4) years from the date it becomes legal nonconforming. (c) If any period of authorized duration is held by a court to be too short and therefore unconstitutional or unlawful on its face or as applied, the period of duration shall be extended to such time as the court determines is lawful.

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SECTION III. Subsection (e) of Section 29.10.630, “Requirements,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(e) Floor Area Ratio and Lot Coverage.
(1) The maximum floor area ratio and lot coverage shall be as specified by the applicable zoning regulations.
(2) For flag/corridor lots, the gross lot size includes the access corridor for the purposes of determining maximum floor area ratio and lot coverage as follows:
i. When an easement is used to provide access, the access corridor is included in the gross lot size for the lot granting the easement; and ii. When the access corridor is owned in-fee and is part of the rear lot, the access corridor is included in the gross lot size for the rear lot. (3) The maximum size of the first new residential unit shall not exceed one thousand two hundred (1,200) square feet.
(4) When a two-unit housing development is proposed, a 10 percent increase in the floor area ratio standards for residential structures is allowed, excluding garages, and this increase in floor area cannot be combined with a separate increase for an Accessory Dwelling Unit allowed by Town Code Section 29.10.320. The additional floor area allowed by this subsection shall not exceed one thousand two hundred (1,200) square feet.
(5) Notwithstanding the floor area ratio standards in this subsection, a new two-unit housing development with unit sizes of eight hundred (800) square feet or less shall be permitted.

SECTION IV. Section 29.20.960, “Civil penalties,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Notwithstanding section 29.20.950 relating to criminal penalty, any person found to have violated section 29.10.0965 shall be liable to pay the Town a civil penalty as prescribed in subsections (1) through (3). Any person found to have violated section 29.10.340(a) shall be liable to pay the Town a civil penalty as prescribed in subsection (4):
(1) Replacing the unlawfully removed tree with a new tree as similar thereto as reasonably feasible, or if such replacement is not feasible because of size or age of tree, with such number of similar trees as will provide reasonably equivalent aesthetic quality based on the determination of the Director of Parks, Forestry and Maintenance Services. Where similar replacement trees will not provide reasonably equivalent aesthetic quality, the Director of Parks, Forestry and Maintenance Services shall calculate the value of the removed tree in accordance with The Guide for Establishing Values of Trees and Other Plants by the International Society of Arboriculture and

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such value will be the civil penalty for violation of section 29.10.0965 in addition to subsection (2). Where replanting cannot be accomplished to the satisfaction of the Director of Parks, Forestry and Maintenance Services, the amount of the value of the removed tree shall be deposited into the street tree deposit account. (2) The cost of enforcing this Chapter, which shall include all costs, staff time, and attorneys' fees.
(3) All replacement trees planted as required by subsection (1) shall be maintained by the property owner under a two-year written maintenance agreement with the Town. (4) A five thousand dollar ($5,000.00) civil penalty shall be imposed against any property owner found in violation of section 29.10.340(a) in addition to any application fees required and the cost of bringing the property into compliance with the California Building Code Standards (CA Code of Regulations, Title 24).

SECTION V. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.

SECTION VI. CEQA.

The Environmental Impacts of this Ordinance 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).

SECTION VII. GENERAL PLAN.

The amendments to Chapter 29 of the Town Code regarding accessory dwelling units are consistent with the General Plan.

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SECTION VIII. Publication.

In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California.

SECTION IX. Effective Date.

This Ordinance 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 Town Council of the Town of Los Gatos at its regular meeting on the 21st 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: __________________

This Page
Intentionally
Left Blank

PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, 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: 11/21/2023
ITEM NO: 5
DATE: November 10, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt 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 ordinance titled “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 1).

REMARKS:

On November 7, 2023, the Town Council considered and voted to introduce an ordinance to effect certain changes of the Parks Commission. The ordinance reflects 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.

Attachment:

1. Draft Ordinance

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ATTACHMENT 1

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.

COUNCIL MEMBERS:

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ATTACHMENT 1
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: Tania Maheu
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: 11/21/2023
ITEM NO: 6
DATE: November 16, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement for Consultant Services with CSG Consultants, Inc. for Building Inspection Services for the North-40 Phase 1 and North-40 Junction Development.

RECOMMENDATION:

Authorize the Town Manager to execute an Agreement for Consultant Services with CSG Consultants, Inc. for building inspection services for the North-40 Phase 1 and North-40 Junction development.

BACKGROUND:

The Town has been under contract with CSG Consultants, Inc. for building inspection services for the North-40 Phase 1 development since April 17, 2018.

DISCUSSION:

CSG Consultants, Inc., provides building inspection services to the Town. Building inspection services are paid through Building Permit fees from applicants and vary per project. A Single Source memorandum has been prepared for CSG Consultants, Inc. as the vendor of choice due to previous work completed on the North-40 Phase 1 development.

CONCLUSION:

Staff recommends that the Town Council authorize the Town Manager to enter into an agreement (Attachment 1) with CSG Consultants, Inc., for the reasons stated in this report.

PAGE 2 OF 2
SUBJECT: CSG Consultants, Inc.

DATE: November 10, 2023
COORDINATION:

This report was coordinated with the Town Manager’s Office, Town Attorney’s Office, Community Development Department, and Finance Department.

FISCAL IMPACT:

All costs for building inspection services are borne by applicants and no costs to the Town are incurred.

ENVIRONMENTAL ASSESSMENT:

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

ATTACHMENT:

1. AGR 23.231 CSG Consultants, Inc. Agreement for Consultant Services

Agreement for Consultant Services
CSG Consultants, Inc.

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into 14th day of September 2023 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and CSG Consultants, Inc., (“Consultant”), identified as a C corporation and whose address is 550 Pilgrim Drive, Foster City, CA 94404. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 The Town desire to engage Consultant to provide Building Inspection Services for the North-40 Phase I and North-40 Junction project.

1.2 The Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.

Consultant acknowledges Town has relied upon these warranties to retain Consultant.

II. AGREEMENTS

2.1 Scope of Services. Consultant shall provide services as described in that certain proposal sent to the Town on July 18, 2023, which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. This contract will remain in effect upon execution to June 30, 2025. Consultant shall perform the services described in “Inspection Services” in this agreement as described in Exhibit A.

2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.

2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and 










 

ATTACHMENT 1

Agreement for Consultant Services
CSG Consultants, Inc.
the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.

2.6 Compensation. Compensation for Consultant's professional services shall be paid by applicant, inclusive of all costs. Payment shall be based upon Town approval of each task.

2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.

Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:

Invoices:

Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655

2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town.

2.9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town.

2.10 Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to 










 


Agreement for Consultant Services
CSG Consultants, Inc.
testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.

2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.

III. INSURANCE AND INDEMNIFICATION

3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. 










 


Agreement for Consultant Services
CSG Consultants, Inc.
iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.

General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.

3.3 Workers’ Compensation. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. 










 


Agreement for Consultant Services
CSG Consultants, Inc.

3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant.

IV. GENERAL TERMS

4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.

4.3 Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant.

4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.

4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
CSG Consultants Inc.
550 Pilgrim Drive
Foster City, CA 94404











 


Agreement for Consultant Services
CSG Consultants, Inc.
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.

4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.











 


Agreement for Consultant Services
CSG Consultants, Inc.

IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

Town of Los Gatos by:

Laurel Prevetti, Town Manager

Recommended by:

Joel Paulson
Community Development Director
Consultant, by:

Nourdin Kyayata, PE
Vice President
Approved as to Form:

Gabrielle Whelan, Town Attorney
Attest:

Wendy Wood, CMC, Town Clerk











 


3150 Almaden Expressway, #255
San Jose, CA 95118
Phone: 408.618.8300
Fax: 408.618.8310
www.csgengr.com
FOSTER CITY | PLEASANTON | SAN JOSE | SACRAMENTO | NEWMAN | PASO ROBLES | FRESNO | ORANGE September 8, 2023
Tania Maheu, AdministraƟve Analyst
Town of Los Gatos, Community Development Department
110 E. Main Street, Los Gatos CA 95030
Re: Building InspecƟon Services for Los Gatos North 40 Project Dear Ms. Maheu,
Thank you for contacƟng CSG Consultants, Inc. (CSG) for informaƟon to provide Building InspecƟon services to the Town of Los Gatos for the North 40 Project. For over 30 years, CSG has been providing municipal services to municipaliƟes throughout the state. In addiƟon to providing engineering and CBO services to municipaliƟes, we also currently furnish building and safety, fire prevenƟon, public works, planning, code enforcement and a host of addiƟonal services to over 250 public agency clients. To this contract, CSG will bring specialized building inspecƟon experƟse, and a commitment to thorough, accurate and Ɵmely service.

Scope of Work
We understand the Town of Los Gatos is requesƟng informaƟon on Building InspecƟon services for the North 40 Project. To this work, CSG staff will provide complete and accurate building inspecƟons, ensuring compliance with applicable codes.

Proposed Personnel
CSG proposes Jose MarƟnez and Jerry Schnell, CBO to provide these services to the Town. Mr. Schnell has more than 30 years of inspecƟon experience, having performed inspecƟons for similar projects throughout the Bay Area. Mr. MarƟnez brings over 20 years of municipal experience and is well versed in building division and code enforcement acƟviƟes. Mr. MarƟnez and Mr. Schnell’s resumes have been provided on the following pages for the Town’s review.

Cost
CSG cost for providing the addiƟonal services requested is detailed in the table below.

Service/Roles Hourly Rate/Percentage Fee
CASp InspecƟon $160
Building Inspector $115
CombinaƟon Building Inspector $125
OverƟme (Outside Normal Business Hours) 1.5 x Hourly Rate Weekends and Holidays 2 x Hourly Rate
Project Contact
Mr. John LaTorra, Regional Building & Life Safety Manager, will be the primary point of contact. His contact informaƟon is provided below.

John LaTorra | Regional Building & Life Safety Manager
(650) 208-4264 office | [email protected] email
We look forward to providing these addiƟonal services to the Town of Los Gatos and furthering our successful relaƟonship. Should you have any quesƟons regarding our proposal, please contact Mr. LaTorra.

Sincerely,
Cyrus Kianpour, PE, PLS
President
p
erely,
Ki PE PLS
(;+,%,7$











 


Jerry

LICENSES & CERTIFICATES
CerƟfied Building Official
CerƟfied Building Inspector
CerƟfied Plumbing Inspector
| ICC 0991488
Licensed General Building Contractor,
Class B | 420743

EDUCATION
Bachelor of Science, Business
AdministraƟon
St. Mary’s College | Moraga, CA
Schnell CBO
Senior Building Inspector
Mr. Schnell brings over 30 years of experience in the building industry, serving in both the public and the private sector. His experience is wide ranging from Journeyman to General Contractor, Senior Building Inspector, and CerƟfied Building Official. Mr. Schnell is crosstrained in the provision of mulƟple service levels, enabling him to provide CSG’s clients with increased efficiency, saving them valuable Ɵme and expense. In addiƟon to serving as a Building Official, Mr. Schnell performs over-the-counter plan reviews, assists as customer service back-up at the front counter, and performs regular inspecƟon duƟes. He easily integrates into client organizaƟons, providing a seamless transiƟon in terms of implemenƟng policies and procedures and working with staff, applicants and customers.

RELEVANT CSG EXPERIENCE
CSG Building Inspector
Mr. Schnell has performed residenƟal and commercial inspecƟons for the following agencies CSG serves:
 City of Brisbane
 City of Hillsborough
 City of Millbrae
 City of Los Gatos
 County of San Mateo
 County of Marin
 Town of Portola Valley
 Town of Woodside
CSG Building Official | City of Pacifica, CA
Mr. Schnell served as the Building Official for the City of Pacifica. In addiƟon to managing the building department, his services included performing over the counter plan review and residenƟal and commercial inspecƟons.

CSG Building Official | City of Half Moon Bay, CA
Mr. Schnell served as the Building Official for the City of Half Moon Bay. In addiƟon to managing the department, his services included performing over the counter plan review and residenƟal and commercial inspecƟons. Notable projects during his Ɵme with the City include:
 Library, new construcƟon
 Pacific Ridge, new construcƟon of 63 homes
 Half Moon Village, mulƟ-structure senior housing development  CarnousƟe, single-family dwelling development
 Ritz-Carlton Hotel, addiƟons and remodels

PRIOR EXPERIENCE
Senior Building Inspector | City of Redwood City, CA
Prior to joining CSG, Mr. Schnell served as the Senior Building Inspector for the City of Redwood City. In this capacity, he performed all duƟes related to residenƟal and commercial inspecƟons on behalf of the City.

Permit Counter Manager | City of Redwood City, CA
Mr. Schnell served as a Permit Counter Manager providing coordinaƟon of permit issuance, customer service, and management of staff.

Code Enforcement and Inspection Manager | City of Redwood City, CA Mr. Schnell served as Code Enforcement and InspecƟon Manager for the City. His duƟes included the implementaƟon and management of the City’s Code Enforcement Program. He was also charged with managing all code enforcement personnel, in conjuncƟon with managing building inspecƟon staff.

Licensed Contractor
As a licensed contractor, Mr. Schnell worked for construcƟon firms in both Santa Rosa and San Francisco. He was responsible for all maƩers relaƟng to commercial and residenƟal contractor projects.











 


Jose

LICENSES & CERTIFICATIONS
Certified Building Official
Building Plans Examiner
California Green Building Inspector
California Green Building Plans Examiner
Building Inspector
Certified Accessibility Inspector
Certified Accessibility Plans Examiner
Residential Electrical Inspector
Building Code Official
Housing Code Official
Property Maintenance and Housing
Inspector
IAPMO Certified Plumbing Inspector
IAPMO Certified Mechanical Inspector
Journeyman’s Certificate
PC832 Laws of Arrest
Certified ATC-20, SAP

EDUCATION
PC 832 Laws of Arrest
San Jose City College | San Jose, CA
General Studies,
Hartnell College | King City, CA

PROFESSIONAL AFFILIATIONS
International Code Council (ICC)
California Building Officials (CBO)
Martinez
Senior Building Inspector
Mr. Martinez serves as a Senior Building Inspector for CSG and brings over 20 years of municipal experience. Mr. Martinez is well versed and highly knowledgeable in building division and code enforcement activities and has managed building departments in both the public and private sector. His extensive experience enables him to provide effective and efficient solutions to CSG customers and community stakeholders.

CSG EXPERIENCE
Building Official | City of Gonzales/City of Greenfield, CA Since joining CSG, Mr. Martinez has served as the Building Official for the City of Gonzales and the City of Greenfield. He has also performed Senior Building Inspector duties for highly sensitive projects.

PRIOR EXPERIENCE
Consultant Building Official/Senior Building Inspector/Plans Examiner | City of San Luis Obispo, CA
Mr. Martinez served as a consultant building official, senior building inspector, and plans examiner for the City of San Luis Obispo. He assisted with special assignments including a permit software upgrade, subdevelopment project management, and plan review for Central Coast cities and counties.

Chief Building Official | City of East Palo Alto, CA
Mr. Martinez served as the Building Official where he directed and coordinated the activities of the Building Division including the Permit Center, Plan Check, Building Inspecting, and Code Enforcement services, and ADA Coordination. He participated in predevelopment coordination and economic development, assisted with the implementation of the City’s agency and citizen permit portal, implemented a digital submittal and review process, and assisted with implantation of the ADU and JADU process. He also conducted employee performance reviews and performance improvement plans and managed a $1 million dollar contract for building services.

Consultant Building Official/Plans Examiner/Combination Building Inspector | Various California Agencies
Mr. Martinez provided consultant services for multiple California agencies. He served the City of Cupertino as a Senior Project Inspector for the $6 billion dollar Apple Campus II Project. He also served as the Interim Chief Building Official for the County of Mendocino where he managed building inspections, plan review and code enforcement functions, assisted with the County’s online permit portal and implemented a plan review project prioritization system to streamline plan submittals. Mr. Martinez also served as the Interim Chief Building Official where he participated in the implementation of Accela Land Management System and managed the Building Inspection, Permit Center, and Code Enforcement teams. Additionally, he served as the City of Salinas Permit City Manager where he assisted with over the counter plan reviews and staff training.

Chief Building Official | City of King, CA
As Chief Building Official, Mr. Martinez managed building inspections, plan checks, permit issuance, and code enforcement services. He participated in pre-development coordination and economic development activities, and coordinated projects with external agencies.

Building Inspector/Code Enforcement Officer/Plans Examiner | County of Monterey, CA Mr. Martinez served as the liaison between the Code Enforcement staff and Building Inspectors. He conducted inspections and investigated complaints related to housing issues and unpermitted construction. He was later promoted to Building Plans Examiner and conducted plan reviews of residential and commercial projects. 










 
















 
















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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: 11/21/2023
ITEM NO: 7
DATE: November 16, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt 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.

Applicant: Town of Los Gatos. Project Planners: Jocelyn Shoopman and Erin Walters.

RECOMMENDATION:

Adopt 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.’”
REMARKS:

On November 7, 2023, the Council considered and voted to introduce an Ordinance to effect an amendment to Chapter 29 of the Town Code to replace the Affordable Housing Overlay Zone of Division 5, Article VIII, “Overlay Zones and Historic Preservation,” with the Housing Element Overlay Zone. Adoption of the attached Ordinance (Attachment 1) would finalize that decision.

PAGE 2 of 2
SUBJECT: Housing Element Overlay Zone/Z-23-002
DATE: November 16, 2023
ATTACHMENT:

1. Draft Ordinance with Exhibit A

1 of 4
Ordinance Date

DRAFT ORDINANCE

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”
ZONING CODE AMENDMENT APPLICATION Z-23-002
PROPERTY LOCATION: TOWN WIDE
APPLICANT: TOWN OF LOS GATOS
WHEREAS, the Town of Los Gatos 2023-2031 Housing Element identifies amending the Town Code to create the Housing Element Overlay Zone as a strategy to accommodate the Town’s Regional Housing Needs Allocation (RHNA); and
WHEREAS, the Planning Commission at its meeting on August 23, 2023, reviewed the proposed Town Code amendments , held a public hearing, 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 Town Code amendment, held a public hearing, and adopted the ordinance to amend the Town Code to modify the Affordable Housing Overlay Zone to be the Housing Element Overlay Zone; and
WHEREAS, because the project description in the public hearing notice did not include the Planning Commission’s recommendation, the item was re-noticed for the Town Council’s consideration; and
WHEREAS, November 7, 2023, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed Town Code amendment and held a public hearing; and
WHEREAS, the Town Council considered all facts and information related to a request to amend the Town Code as shown in Exhibit A and voted to introduce the Ordinance; 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 21, 2023.

ATTACHMENT 1
Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction.

2 of 4
Ordinance Date
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. CEQA.

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 Town Code Amendments are consistent with the General Plan and its elements in that the proposed zonings are consistent with the proposed General Plan land use designations; and
C. That all proceedings have been conducted in compliance with the provisions of Government Code Section 65850 et seq.; and
SECTION II. Chapter 29, Article VIII., Division 5 of the Town Code is hereby amended to read as follows:

ARTICLE VIII. OVERLAY ZONES AND HISTORIC PRESERVATION
…
DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
Sec. 29.80.505. Intent.

The Housing Element Overlay Zone (HEOZ) ordinance in this division is intended to increase the supply and the mix of housing types, tenure, and affordability within the Town of Los Gatos. Through appropriate densities, concessions, and fee deferrals or waivers, the HEOZ encourages the development of housing affordable to all income levels on sites within the Town that are deemed to be most appropriate for such uses. The Housing Element lists sites within the Town of Los Gatos as key housing opportunities. The designation of these sites will assist the Town in meeting its Regional Housing Needs Allocation (RHNA), as required by the State.

Sec. 29.80.510. HEOZ and underlying zoning.

A property that has the HEOZ designation may be developed with a residential or mixeduse project with a residential use occupying more than 50 percent of the total floor area based on the standards provided in this division or, where standards are not specified, then based on

3 of 4
Ordinance Date
the standards provided in the underlying zone. The underlying zoning development standards will remain in effect for all other development without a residential component.

Pursuant to Government Code Section 65583.2(i), by right development will be allowed when 20 percent or more of the units are affordable to lower income households.

Sec. 29.80.515. HEOZ general development standards.

A proposed residential project, including a mixed-use project with a residential use occupying more than 50 percent of the total floor area within the HEOZ shall be designed and constructed in conformity with the development standards for the corresponding zoning and General Plan Land Use designation in Table 1A (Overlay Zones Development Standards).

Regardless of the underlying zoning designation, no residential project or mixed-use project with a residential use occupying more than 50 percent of the total floor area may be developed that does not meet the applicable HEOZ development standards.

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

4 of 4
Ordinance Date
SECTION III. Effective Date.

This Ordinance 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 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 ___________, 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: __________________

Chapter 29 - ZONING REGULATIONS
ARTICLE VIII. - OVERLAY ZONES AND HISTORIC PRESERVATION DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
Sec. 29.80.505. Intent.

The Housing Element Overlay Zone (HEOZ) ordinance in this division is intended to increase the supply and the mix of housing types, tenure, and affordability within the Town of Los Gatos. Through appropriate densities, concessions, and fee deferrals or waivers, the HEOZ encourages the development of housing affordable to all income levels on sites within the Town that are deemed to be most appropriate for such uses. The Housing Element lists sites within the Town of Los Gatos as key housing opportunities. The designation of these sites will assist the Town in meeting its Regional Housing Needs Allocation (RHNA), as required by the State.

Sec. 29.80.510. HEOZ and underlying zoning.

A property that has the HEOZ designation may be developed with a residential or mixed-use project with a residential use occupying more than 50 percent of the total floor area based on the standards provided in this division or, where standards are not specified, then based on the standards provided in the underlying zone. The underlying zoning development standards will remain in effect for all other development without a residential component.

Pursuant to Government Code Section 65583.2(i), by right development will be allowed when 20 percent or more of the units are affordable to lower income households.

Sec. 29.80.515. HEOZ general development standards.

A proposed residential project, including a mixed-use project with a residential use occupying more than 50 percent of the total floor area within the HEOZ shall be designed and constructed in conformity with the development standards for the corresponding zoning and General Plan Land Use designation in Table 1A (Overlay Zones Development Standards). Regardless of the underlying zoning designation, no residential project or mixeduse project with a residential use occupying more than 50 percent of the total floor area may be developed that does not meet the applicable HEOZ development standards.

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

EXHIBIT A

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

PREPARED BY: Jocelyn Shoopman, Associate Planner and
Erin Walters, Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Department Director, and Economic Vitality Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 11/21/2023
ITEM NO: 8
DATE: November 16, 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 (Single-Family Residential) to R-M (MultipleFamily 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 Rightof-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.

RECOMMENDATION:

Adopt an ordinance titled “An Ordinance of the Town Council 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

PAGE 2 OF 2
SUBJECT: Rezoning and Apply HEOZ to Housing Element Sites Inventory/GP-23-003/Z-23- 003
DATE: November 16, 2023
RECOMMENDATION:
density, height, floor area ratio, and lot coverage for residential development on the sites included in the Sites Inventory Analysis of the 2023-2031 Housing Element” as listed in the subject line above.

REMARKS:

On November 7, 2023, the Council considered and voted to introduce an Ordinance to effect a zoning change 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 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.

Adoption of the attached Ordinance (Attachment 1) would finalize that decision. Once adopted, the Ordinance will take effect in 30 days.

ATTACHMENT:

1. Draft Ordinance with Exhibit A – Location Maps

1 of 4
Ordinance Date

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL 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-OFWAY 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 WHEREAS, the sites located at 16151 Los Gatos Boulevard and 620 Blossom Hill Road were added to the Town of Los Gatos’ Draft Revised Housing Element based on the receipt of a property owner interest form; and
WHEREAS, all other sites included in the Town of Los Gatos’ adopted Housing Element were identified as sites with the potential for redevelopment with housing; and WHEREAS, the Town wishes to apply a Housing Element Overlay Zone to the sites identified in the sites inventory in order to encourage redevelopment with housing; and WHEREAS, the Planning Commission met on August 23, 2023, to hold a public hearing and receive public comments and continued the item to September 13, 2023; and WHEREAS, the Planning Commission received further public comments and recommended approval of the Zoning Code amendments at its regular meeting of September 13, 2023; and
WHEREAS, the Town Council met on October 3, 2023, to hold a public hearing and continued the item to November 7, 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 November 7, 2023; and WHEREAS, November 7, 2023, the Town Council reviewed and commented on the proposed amendments and the Town Council voted to introduce the Ordinance; and Draft Ordinance: subject to
modification by Town Council based on
deliberations and direction.

ATTACHMENT 1

2 of 4
Ordinance Date
WHEREAS, the Town Council considered all facts and information related to a request to change the Zoning for the above mentioned properties as shown in Exhibit A; and WHEREAS, this matter was regularly noticed in for conformance with State and Town law and came before the Town Council for public hearing on November 21, 2023.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Findings.

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 changes are consistent with the General Plan and its elements in that the proposed zonings are consistent with the proposed General Plan land use designations; 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 apply the Housing Element Overlay Zone to the sites shown in Exhibit A.

SECTION II. Zoning Map of the Town of Los Gatos is hereby amended to the following:

The zoning map of the Town of Los Gatos is hereby amended to change the zoning of the Caltrans right-of-way property adjacent to 14685 Oka Road from R-1:8 (Single-Family Residential) to R-M (Multiple-Family Residential); and the properties at 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 to apply the Housing Element Overlay Zone (HEOZ) to each parcel as shown in Exhibit A.

3 of 4
Ordinance Date
SECTION III. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 7
th day of November 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 ____ day of ______, 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: __________________

4 of 4
Ordinance Date
This Page
Intentionally
Left Blank

San Jose

BLOSSOM HILL RD

HARWOOD RD

GILDA WY

MYRA DR

BELWOOD GATEWAY HARLOW WY

BEGONIA DR

MUIR DR

GEMINI CT

BACIGALUPI DR

MARY JO WY

JAMIE CT

PEONY LN

MILLIGAN DR

LOBELIA LN

BEGONIA DR

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ C-1
C-1:HEOZ
A.P.N. # 527-32-028
Address: 14000 Blossom Hill Road

EXHIBIT A

San Jose

LEIGH AV

HERSHNER DR

SANDY LN

CARM AV

GREGG DR

KENTFIELD DR

ADELAIDE WY

CLARINDA WY

LONE HILL RD

HERBERT DR

EMILINE DR

GREGG CT

LOS GATOS-ALMADEN RD

EMLINE DR

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ C-1
C-1:HEOZ
A.P.N. # 527-49-048 and 527-49-049
Address: 440 Los Gatos-Almaden Road and 445 Leigh Avenue

UNIVERSITY AV

N SANTA CRUZ AV

TAIT AV

BACHMAN AV

WILDER AV

WRAIGHT AV

ALMENDRA AV

VICTORY LN

N CREEK TRAIL

WOODLAND AV

CHESTER ST

BOYER LN

BIRD AV

VILLAGE LN

ROYCE ST

EDELEN AV

LOS GATOS-SARATOGA RD

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ C-2
C-2:HEOZ
A.P.N. # 529-04-083
Address: 165 Los Gatos-Saratoga Road

LOS GATOS BL

FERRIS AV

PINE AV

NINO AV

LOMA ST

ENGLEWOOD AV

KENNEDY RD

ROBIE LN

CALDWELL AV

ANDRE CT

SPENCER AV

LITTLEFIELD LN

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ C-1
C-1:HEOZ
A.P.N. # 532-07-086 and 532-07-085
Address: 16492 Los Gatos Boulevard and APN 53207085

LOS
GATOS
BL

BLOSSOM HILL RD

ROBERTS RD
FISHER
AV

SHANNON RD
NB

HIGHWAY
17 NINO AV
CAM
ELLIA
TE
SB

HIGHWAY
17 PLACER OAKS RD

LEROY AV

MITCHELL AV
OAK
RIM
WY

MAGNESON LOOP

SERRA CT

CILKER CT

FARNHAM LN

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ CH

CH-HEOZ
A.P.N. # 529-16-040, 529-16-069, and 529-16-041
Address: 16151 and 16203 Los Gatos Boulevard; and 620 Blossom Hill Road

FARLEY RD

FRANK AV
LOS
GATOS
BL
CAM
ELLIA
TE

LEROY AV
IZORAH
WY

OLEANDER AV

PLACER OAKS RD

CHIRCO DR

LOS GATOS-ALMADEN RD

OAK RIM WY

LILAC WY

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ CH

CH-HEOZ
A.P.N. # 529-15-059
Address: 15795 Los Gatos Boulevard

San Jose
Campbell

LOS GATOS BL
NB

HIGHWAY
17 SB
85 RAMP
NB
17 SB HIGHWAY 85

HIGHWAY
17 NB HIGHWAY 85
NATIO
NAL
AV
SB 85 RAMP LOS GATOS

BARTLETT ST
NB
1 7
RAMP
LARK

BURTON RD

NODDIN AV
SB

HIGHWAY
17 OKA RD

S TURNER ST

STANLEY ST

WALKER ST

CURTIS DR

MILLS ST

SACKETT CT

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ North Forty Specific Plan
North Forty Specific Plan:HEOZ
424-06-115, 424-07-054, 424-07-010, 424-07-009, 424-07-053, 424-07- 052, 424-07-095, 424-07-065, 424-07-063, 424-07-064, 424-07-094, 424- 07-081, 424-07-115, 424-06-116, 424-07-115, and 424-07-116 A.P.N. #
Address: 16245, 16210, 16240, 16250, 16260, 16270, and 16392 Burton Road; 14823, 14831, 14849, 14859, 14917, 14925 Los Gatos Boulevard; and APNs 42406116, 42407115, and 42407116

Campbell

LARK AV
OKA RD
NB

HIGHWAY
17 N
C
R
E
E
K
T
R
AIL

HIGHWAY
17 U
NIV
E
RSIT
Y
AV

LOS GATOS B
S
L
B
85 RAMP
NB
17 WINCHESTER
BL
SB HIGHWAY 85

CHARTER OAKS DR

S TURNER ST

LAS ASTAS DR
LAS
MIRA
D
A
S
D
R
LESTER
LN

NODDIN AV

MILL RD

MILLS ST

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ R-M:5-12
R-M:5-12:HEOZ
A.P.N. # 424-08-017 and 424-08-021
Address: 16603 Lark Avenue and 14840 Oka Road

Campbell
San Jose
OKA RD

LARK AV
SB HIGHWAY 85
NB

HIGHWAY
17 NB HIGHWAY 85
N
C
R
E
E
K
T
R
AIL
SB
85 RAMP
NB
17 HIGHWAY 85

HIGHWAY
17 WINCHESTER
BL

LOS GATOS BL
SB HIGHWAY 17
SB 85 RAMP LOS GATOS

CHARTER OAKS DR
U
NIV
E
R
SIT
Y
AV
NB 85 FROM

NODDIN AV

MILL RD

STANLEY ST

BONNIE VIEW MHP

MILLS ST
HIGHWAY 85

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ R-1:8
R-1:8:HEOZ
424-08-057, 424-08-029, 424-08-058, 424-08-059, 424-08-060, and 424- 08-074
A.P.N. #
Address: 14800 Oka Lane and APNs 42408029, 42408058, 42408059, 42408060, 42408074

Campbell
OKA RD
SB HIGHWAY 85
NB HIGHWAY 85

N CREEK TRAIL
NB
HIGHWAY 17

WINCHESTER
BL
HIGHWAY 85
SB HIGHWAY 17
OKA LN
A ST
NB 85 FROM

CHARTER
OAKS
DR

W MOZART AV

MOZART WY
SB 85 CONNECTOR

BONNIE VIEW MHP

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ Not Zoned
R-M:HEOZ
A.P.N. # No APN
Address: Caltrans Right-of-Way Adjacent to 14685 Oka Road

Campbell
A ST

WINCHESTER BL

KNOWLES DR

N CREEK TRAIL

CAPRI D
R
NB HIGHWAY 85
SB HIGHWAY 85
DELL A
W V

PARR AV
OKA RD
HIGHWAY 85
OKA LN
SB
HIGHWAY 17
NB 85 FROM

VASONA AV

DIVISION ST

W MOZART AV
SB 85 CONNECTOR
FRONT
CT

W PARR AV

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ CM and CM:AHOZ
CM:HEOZ
A.P.N. # 424-32-077 and 424-32-076
Address: 110 and 206 Knowles Drive

This Page
Intentionally
Left Blank

PREPARED BY: Jocelyn Shoopman, Associate Planner and
Erin Walters, Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Department Director, and Economic Vitality Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 11/21/2023
ITEM NO: 9
DATE: November 16, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt 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.

RECOMMENDATION:

Adopt 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.” REMARKS:

On November 7, 2023, the Council considered and voted to introduce an Ordinance to effect a zoning change to apply the Housing Element Overlay Zone (HEOZ) 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. Adoption of the Ordinance (Attachment 1) would finalize the decision. Once adopted, the Ordinance will take effect in 30 days.

PAGE 2 OF 2
SUBJECT: Apply HEOZ to Alberto Way and Lodge Sites/Z-23-003 DATE: November 16, 2023
ATTACHMENT:

1. Draft Ordinance with Exhibit A – Location Map

1 of 3
Ordinance Date

DRAFT ORDINANCE

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:
401 THROUGH 409 ALBERTO WAY, 50 LOS GATOS-SARATOGA ROAD, 529-24-001, AND 529-24-003.

WHEREAS, the Town of Los Gatos’ Housing Element contains a sites inventory that identifies sites with the potential for redevelopment with housing; and WHEREAS, the Town wishes to apply a Housing Element Overlay Zone to the sites identified in the sites inventory in order to encourage redevelopment with housing; and WHEREAS, the Planning Commission met on August 23, 2023, to receive public comments; and
WHEREAS, the Planning Commission received further public comments and recommended approval of the application of the Housing Element Overlay Zone to the sites identified in sites inventory of the Housing Element adopted on January 30th and the Revised Draft Housing Element at its regular meeting of September 13, 2023; and WHEREAS, the Town Council met on October 3, 2023, to hold a public hearing and continued the item to November 7, 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 November 7, 2023; and WHEREAS, November 7, 2023, the Town Council reviewed and commented on the proposed amendments and the Town Council voted to introduce the Ordinance; and WHEREAS, the Town Council considered all facts and information related to a request to change the Zoning for the above mentioned properties as shown in Exhibit A; and WHEREAS, this matter was regularly noticed in for conformance with State and Town law and came before the Town Council for public hearing on November 21, 2023.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

Draft Ordinance: subject to
modification by Town
Council based on
deliberations and direction
ATTACHMENT 1

2 of 3
Ordinance Date
SECTION I. Findings.

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 changes are consistent with the General Plan and its elements in that the proposed zonings are consistent with the proposed General Plan land use designations; 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 apply the Housing Element Overlay Zone to the sites shown in Exhibit A.

SECTION II. Zoning Map of the Town of Los Gatos is hereby amended to the following:

The Housing Element Overlay Zone is hereby applied to the properties at 401 through 409 Alberto Way, 50 Los Gatos-Saratoga Road, APN Nos. 529-24-001, and 529-24-003 as shown in Exhibit A to this Ordinance.

SECTION III. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 7
th day of November 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 _______ day of _______, 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.

3 of 3
Ordinance Date
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: __________________

This Page
Intentionally
Left Blank

LOS GATOS BL
NB HIGHWAY 17

N CREEK TRAIL

BELLA VISTA AV
SB HIGHWAY 17

PINE AV

MILES AV

WHITNEY AV

NEW YORK AV

HARDING AV

WOODLAND AV
HIGHWAY 17

WRAIGHT AV

CHARLES ST

CALDWELL AV

FILLMER AV

CHICAGO AV

ALBERTO WY

WHEELER AV

MAGGI CT

STACIA ST

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ CH

CH-HEOZ
A.P.N. # 529-23-018, 529-24-032, 529-24-001, and 529-24-003 Address: 401 through 409 Alberto Way; 50 Los Gatos-Saratoga Road; and APNs 52924001 and 52924003

EXHIBIT A
09/13/2023

This Page
Intentionally
Left Blank

PREPARED BY: Jocelyn Shoopman, Associate Planner and
Erin Walters, Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Department Director, and Economic Vitality Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 11/21/2023
ITEM NO: 10
DATE: November 16, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt 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.

RECOMMENDATION:

Adopt 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.” REMARKS:

On November 7, 2023, the Council considered and voted to introduce an Ordinance to effect a zoning change to apply the Housing Element Overlay Zone (HEOZ) on the following sites included in the Site Inventory Analysis of the 2023-2031 Housing Element 15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard. Adoption of the Ordinance (Attachment 1) would finalize the decision. Once adopted, the Ordinance will take effect in 30 days.

PAGE 2 OF 2
SUBJECT: Apply the HEOZ to 15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard/Z-23-003
DATE: November 16, 2023
ATTACHMENT:

1. Draft Ordinance with Exhibit A – Location Maps

1 of 3
Ordinance Date

DRAFT ORDINANCE

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
WHEREAS, the site located at 15480 and 15500 Los Gatos Boulevard was added to the Town of Los Gatos’ Draft Revised Housing Element based on the receipt of a property owner interest form; and
WHEREAS, all other sites included in the Town of Los Gatos’ adopted Housing Element were identified as sites with the potential for redevelopment with housing; and WHEREAS, the Town wishes to apply a Housing Element Overlay Zone to the sites identified in the sites inventory in order to encourage redevelopment with housing; and WHEREAS, the Planning Commission met on August 23, 2023, to receive public comments and continued the item to September 13, 2023; and WHEREAS, the Planning Commission received further public comments and recommended approval of application of the Housing Element Overlay Zone to the sites identified in the Housing Element sites inventory at its regular meeting of September 13, 2023; and
WHEREAS, the Town Council met on October 3, 2023, to hold a public hearing and continued the item to November 7, 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 November 7, 2023; and WHEREAS, November 7, 2023, the Town Council reviewed and commented on the proposed amendments and the Town Council voted to introduce the Ordinance; and WHEREAS, the Town Council considered all facts and information related to a request to change the Zoning for the above mentioned properties as shown in Exhibit A; and WHEREAS, this matter was regularly noticed in for conformance with State and Town law and came before the Town Council for public hearing on November 21, 2023.

Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
ATTACHMENT 1

2 of 3
Ordinance Date
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Findings.

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 Housing Element Overlay Zone is consistent with the General Plan and its elements in that the proposed zonings are consistent with the proposed General Plan land use designations and the sites inventory contained in the Housing Element; 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 apply the Housing Element Overlay Zone to the sites shown in Exhibit A.

SECTION II. Zoning Map of the Town of Los Gatos is hereby amended to the following:

The Housing Element Overlay Zone is hereby applied to the properties at 15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard as shown in Exhibit A to this Ordinance.

SECTION III. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 7
th day of November 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 _______ day of _______, 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.

3 of 3
Ordinance Date
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: __________________

This Page
Intentionally
Left Blank

CARLTON AV

LOS GATOS BL
NB HIGHWAY 17
SB HIGHWAY 17

GARDEN LN

CHIRCO DR

BENEDICT LN

GARDEN HILL DR

LOS GATOS-ALMADEN RD

CORINNE DR

LONGRIDGE RD

N CREEK TRAIL

HOLLYCREST DR

GARDENIA WY

SUNRAY DR

HIGHLAND OAKS DR

POTOMAC DR
HIGHWAY 17

GATEWAY DR

CHIRCO CT

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ CH

CH-HEOZ
424-19-049, 424-19-048, 424-19-069, 424-19-067, 424-14-034, and 424- 14-035
A.P.N. #
Address: 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard

EXHIBIT A
09/13/2023

LESTER LN

LOS GATOS BL

CARLTON AV

LARK AV
HIGHWAY 17

GARDEN LN
NB HIGHWAY 17

LONGRIDGE RD

HIGHLAND OAKS DR
SB HIGHWAY 17
NB 17 RAMP LARK

MARY ALICE DR

PENN WY

CARLESTER DR

CAMINO DEL SOL

MARICOPA DR

GATEWAY DR

SEPULVEDA CI

CARLTON CT

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ C-1
C-1:HEOZ
A.P.N. # 424-17-036
Address: 15300 Los Gatos Boulevard
09/13/2023

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 11/21/2023
ITEM NO: 11
DATE: November 7, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve Modifications as Recommended by the Council Policy Committee to Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum
RECOMMENDATION:

Approve modifications as recommended by the Council Policy Committee to Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum.

BACKGROUND:

Among other items, Town Council Policy 2-11 sets forth the interview process for candidates to Town Board, Committees, and Commissions (see Attachment 1, pages four and five). The Policy states:

To ensure the interview process is consistent, fair, and equitable, each applicant shall be asked the same standard questions, as provided below. Notwithstanding, no Council Member shall be prevented from asking appropriate questions of applicants.

1. If appointed, what ideas would you like to see the Commission explore?

2. Please expand beyond the written response on your application: your experience, interest, and/or expertise that you feel would be most useful to the Commission.

3. Please elaborate on any written response provided in the application to assist the Council learn more about you.

4. If you did not answer any of the questions on the application, please explain why.

The standard questions are limited in number to allow an applicant sufficient time to respond. While the intent is for each Council Member to be able to ask one question of each applicant, the Council may decide not to ask all of the provided questions, change the order of the questions, or rotate which Council member asks a specific question. Interview

PAGE 2 OF 3
SUBJECT: Commission Appointment Policy
DATE: November 7, 2023
BACKGROUND (continued):
questions will be reviewed annually by the Town Council in advance of the interview process for any potential modifications.

DISCUSSION:

At its October 24, 2023 meeting, the Policy Committee heard public testimony and discussed if it remains useful for the Town Council to review the interview questions annually. Staff posed this question given the broad discretion afforded to the Town Council in its use of the standard questions and the discretion of the Council to ask other appropriate questions of applicants.

Public testimony by one member of the public focused on the utility of the General Plan Committee.

One Committee member explained his concern for the language preceding the standard interview questions, stating that he thought it was misleading to the applicants. He also objected to the notion of standard questions, especially for incumbents, because there are more pertinent lines of inquiry for specific candidates. He offered that the standard questions might be better suited for the application itself. The Committee member did not want to ask the Council to make such changes at this time.

The other Committee member acknowledged the mixed usefulness of the standard questions.

After deliberation, the Committee voted unanimously to recommend to the Town Council the deletion of the last sentence of the section that calls for an annual review of the interview questions (see Attachment 1).

COORDINATION:

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

FISCAL IMPACT:

The potential modification of Town Council Policy 2-11 regarding Commission Appointments has no fiscal impact.

ENVIRONMENTAL ASSESSMENT:

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

PAGE 3 OF 3
SUBJECT: Commission Appointment Policy
DATE: November 7, 2023
ATTACHMENT:

1. Draft Redline Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum

COUNCIL POLICY MANUAL
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
POLICY NUMBER: 2-11
EFFECTIVE DATE: 2/28/1990 PAGES: 7
ENABLING ACTIONS: REVISED DATES: 6/13/1994; 6/16/2014;
4/7/2015; 10/18/2016; 2/21/2017;
2/6/2018; 3/19/19; 9/3/2019; 6/1/2021;
12/7/21, 3/15/22, 8/2/22; 9/20/22;
10/03/23; 11/21/23
APPROVED:

PURPOSE
To establish a policy to encourage participation by the Town’s residents on Town Boards, Commissions and Committees (hereinafter referred to as "Commissions"). The Town of Los Gatos is committed to inclusivity. We value all our community members, regardless of religion, immigration status, ethnicity, race, disability, gender, sexual orientation, or gender identity. The Town will encourage residents to participate on Commissions by advertising vacancies on Commissions for at least 30 days, preparing easily understood applications, maintaining clear descriptions of the role of each Board, Commission, and Committee and its respective members, providing current meeting schedules, and conducting public interviews of all Commission applicants, except as provided by this Policy.

SCOPE
This Policy applies to all applicants to Town Boards, Commissions and Committees.

POLICY
The Town Council encourages public participation in all decision-making and to be successful residents must be assured both that the participation is meaningful and that their input will be valued. The widest representation from the community can only be achieved if vacancies are well advertised so that anyone interested will have the opportunity to apply.

Interviews of the applicants conducted in public by the Town Council demonstrates that it values these appointments and that all have an equal opportunity to be appointed.

Applicants may apply to more than one Commission, and shall rank their choices in their preferred order, during each recruitment cycle.

ATTACHMENT 1
Small Town Service Community Stewardship Future Focus

TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
2 of 7
POLICY NUMBER:
2-11
To ensure the greatest possible participation by the public, it is the Town's policy that no person shall be appointed to more than one Commission except in those cases where they are ex-officio members of other Boards, Commissions and Committees. This Policy does not apply to Commission members serving as representatives of their Commission who have been appointed by the Town Council.

RESIDENCY REQUIREMENTS
Residency within the incorporated municipal limits of the Town of Los Gatos, California is required for appointment and continued membership on all Town of Los Gatos Boards, Commissions, and Committees, with the exception of the Youth Commission and the Diversity, Equity, and Inclusion Commission.

Youth Commission:

The members shall be students who are entering grades 8 through 12 in the fall.

Membership for the students requires either residency in the incorporated limits of the Town of Los Gatos or residency in the unincorporated areas of the County of Santa Clara, which have a Los Gatos mailing address.

Diversity, Equity, and Inclusion Commission:

Membership composition shall be as outlined in the Commission’s enabling resolution and includes a Los Gatos business owner/employee, faith leader who leads a congregation in Los Gatos, and Los Gatos non-profit employee who may or may not reside in Los Gatos.

ATTENDANCE REQUIREMENTS

1. All members of all appointive Town Advisory Bodies should attend all regular and special meetings of said Advisory Bodies.

2. Any member not in attendance at a regular meeting of said Advisory Body for at least 70% of the meeting shall be considered absent.

3. Any member of an appointive Town Advisory Body who is absent from the number of regular meetings listed below appropriate to his or her Advisory Body shall, as a result, surrender his or her office on the Advisory Body and the office shall be considered vacant.
a. For an Advisory Body which holds six (6) or more regular meetings per a consecutive twelve (12) month period: three (3) regular meetings. b. For an Advisory Body which holds five (5) or fewer regular meetings per a consecutive twelve (12) month period: two (2) regular meetings. c. For an Advisory Body which holds sixteen (16) or more regular meetings per a consecutive twelve (12) month period: eight (8) regular meetings.

4. Consistent with the Family Medical Leave Act and the California Family Rights Act, absences of up to 12 weeks due to parental leave constitute excused absences.

5. The vacant position shall be filled by appointment by a majority vote of the Town Council, for a term equal to the unexpired portion of the office vacated. Any member

TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
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POLICY NUMBER:
2-11
removed from office due to non-attendance may re-apply to serve on a Town Advisory Body but will not be treated as an incumbent in any subsequent application to the same Advisory Body.

6. If a Youth Commissioner liaison misses three meetings of a liaison Commission during a consecutive twelve (12) month period*, the Youth Commission shall appoint a different Youth Commissioner as liaison.
*Consecutive twelve (12) month period is defined as any consecutive twelve-month period beginning with the first absence. A regular meeting shall not be cancelled and replaced with a special meeting in order to alleviate an absence by an advisory body member.

QUORUM REQUIREMENTS
The number of members needed to constitute a quorum on any Town Advisory Body shall be a majority of the total number of filled seats.

PROCEDURES
The following procedures will be followed by the applicant, the Town Clerk, and the Town Council for the appointment of applicants to Town Commissions:

Responsibility and Actions: Town Clerk
A. Annual Recruitments
Adult Commission members' terms begin on January 1st and end December 31st, Youth Commissioners’ terms follow the academic year and begin on August 1st and end on June 30th.

The Town Clerk shall perform the following duties in conducting an annual recruitment for Commission members:

1. Notify Town Council of vacancies on Commissions by indicating the names of the Commissions, the number of terms expiring or being vacated, names of individual(s) with expiring terms or vacating seats, advertising periods (at least 30 days) and the date of interview.

2. Advertise the vacancies, including the application deadline and the interview date.

Interviews and appointments for Adult Commissioners shall occur after annual Mayor and Vice Mayor selection, and in the case of election years, after new Council Members have been seated. Interviews and appointments for Youth Commissioners shall occur by the fourth Wednesday in May, no earlier than 4:00 p.m.

3. Prepare and maintain easily understood applications for appointment to Commissions.

Applications shall include the following policy information:
a. Prior to initial appointment to any Commission, non-incumbent applicants must be interviewed by the Town Council. The applications of those not appearing will be held for the next recruitment.

TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
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POLICY NUMBER:
2-11
b. If an incumbent Commissioner is requesting reappointment to the same Commission, the incumbent may submit a request to be interviewed by telephone, with their application, instead of attending the interview or must submit a letter prior to the interviews, describing the reason why the applicant cannot be present telephonically or in person for the interview, and why the applicant should be reappointed to the Commission.
c. Submissions deadlines are mandatory; no exceptions are permitted.

4. Applications:
a. For adult applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council prior to the interviews for appointment.
b. For student applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council Selection Committee, consisting of the Mayor, Vice Mayor, Police Chief, and Youth Commission Chair (if not reapplying), prior to the interviews for appointment.

5. Notify the applicant by letter or email as to the date and time of the interview and provide the option for an in person or teleconference interview.

6. Facilitate the Council voting process set forth below by informing Council as to how many votes are possible on each Commission, calling out applicants' names, and identifying the applicants receiving sufficient votes for appointment. This process does not apply to student applicants.

7. Applicants:
a. For adult applicants — After the interviews and Council vote are completed, notify all applicants of the Council's action, and explain Town policy of keeping application active for one year with notification of subsequent openings on that Commission to the interested applicants. b. For student applicants — After the interviews are completed, notify all applicants of the Council Committee's action, and prepare a staff report for the Town Council to ratify the Committee's appointment at the first Town Council meeting in June.

Interview Process
To ensure the interview process is consistent, fair, and equitable, each applicant shall be asked the same standard questions, as provided below. Notwithstanding, no Council Member shall be prevented from asking appropriate questions of applicants.

1. If appointed, what ideas would you like to see the Commission explore?

2. Please expand beyond the written response on your application: your experience, interest, and/or expertise that you feel would be most useful to the Commission.

3. Please elaborate on any written response provided in the application to assist the Council learn more about you.

4. If you did not answer any of the questions on the application, please explain why.

TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
5 of 7
POLICY NUMBER:
2-11
The standard questions are limited in number to allow an applicant sufficient time to respond.

While the intent is for each Council Member to be able to ask one question of each applicant, the Council may decide not to ask all of the provided questions, change the order of the questions, or rotate which Council member asks a specific question. Interview questions will be reviewed annually by the Town Council in advance of the interview process for any potential modifications.

Balloting Process
Unless determined otherwise, the Council shall conduct a ballot vote for the appointment of individuals to fill the vacancies for each Commission. Such ballot vote may be conducted at either a regular, adjourned, or special meeting of the Town Council. The ballot vote process shall be conducted as follows:

1. The Town Clerk shall provide a ballot to each Town Council member listing the names of all applicants and “None of the above” for each respective Commission. Prior to the vote, the Town Clerk shall publicly announce the position vacancy and all applicant names that are listed on the ballot.

2. Each Council member may vote for the same number of applicants as there are current vacancies on the respective Commission. In no case, can a Council Member cast more votes than there are vacancies; or vote for the same candidate more than once on each ballot (i.e. cumulative voting -- e.g. where there are three vacancies, a Council member may not give all three votes to the same candidate). A Council Member is not required to vote for any of the candidates or for the total number of vacancies available.

3. The Town Clerk shall collect all ballots and shall publicly announce the name of each Town Council member and how that Council member cast his or her vote. In the case of a tie vote, the Town Clerk will announce that there is a tie and that a run-off vote shall be conducted but will not announce the names of the applicants in the run-off. Once all voting is concluded and a decision made, the votes will be made public. The run-off ballot will also include a “None of the above” option.

4. Applicants receiving a majority number of votes shall be deemed appointed to the Commission. In the event of a tie, a run-off vote shall be conducted among the applicants receiving the highest number of votes from the previous round. This shall continue until a majority consensus on an applicant(s) is reached for the number of vacancies to be filled. In the event of an unbreakable tie, the Council may determine an alternative method for selecting the appointee(s) or direct the Town Clerk to re-advertise the vacancy.

5. If an applicant(s) is appointed to an Advisory Body which has vacancies for both full and partial, unexpired terms, the length of the appointee’s term will be determined by the Mayor.

B. Mid-Term Recruitments
During the year, Commissions may experience vacancies that drop the number of filled seats to a number of members that is not sufficient to conduct Commission business. The

TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
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POLICY NUMBER:
2-11
Commission may request the Council to conduct a mid-term recruitment to fill seats. To the extent possible, the Town Clerk will consolidate mid-term recruitments to minimize the number of recruitments occurring throughout the year. In the event of a vacancy on the Planning Commission, the Town will automatically conduct a mid-term recruitment. Midterm recruitments will not be conducted for Youth Commissioners. The Town Clerk shall advertise mid-term vacancies on Commissions for at least 15 days.

Responsibility and Action: Applicant

1. Read the Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum Policy, complete and submit to the Town Clerk the application for appointment to a Town Commission by the advertised deadline date and time.

2. For adult applicants: Attend the Council meeting to be interviewed for Commission appointment. The applicant is required to notify the Town Clerk no later than 4:00 p.m. the Friday before the scheduled interview date whether they will attend in person or via teleconference.

3. For student applicants: Attend the Council Selection Committee interview session. The applicant is required to notify the Town Clerk no later than 4:00 p.m. the Friday before the scheduled interview date whether they will attend in person or via teleconference.

4. If an incumbent Commission member is requesting reappointment to the same Commission and is not available on the date of the interview, the incumbent must submit a letter by 4:00 p.m. the Friday prior to the interviews, describing the reason why the applicant cannot be present telephonically or in person for the interview, and why the applicant should be reappointed to the Commission.

5. If appointed, prior to starting the Commission term, appointees are required to attend a Commissioner Orientation and take the "Oath of Office."

6. Attend Advisory Body meetings once term begins.

7. Read the Commissioners’ Handbook. Hard copies of the Handbook are to be returned to the Town Clerk when the term is complete.

Responsibility and Action: Town Council

1. Review applications.

2. For adult applicants – Interview applicants individually by Commission at a public meeting with all applicants present.

For student applicants – Town Council Selection Committee interviews applicants.

3. Determine if the incumbents not in attendance and having submitted a letter pursuant to this Policy should be considered for reappointment.

4. If there are limited applications for any vacancy to a Commission, the Mayor, on behalf of the Council, may request that the Town Clerk re-advertise the vacancy, reschedule the interviews, and notify all applicants of the new interview date.

TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
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POLICY NUMBER:
2-11

COMPLIANCE - GROUNDS FOR DISMISSAL
A member may be removed from the Advisory Body prior to the end of his or her term by a three-fifths (3/5) vote of the Town Council and may not be reappointed for the following reasons:

1. Failure to attend Advisory Body meetings.

2. Failure to file the following documents required by the Fair Political Practices Commission (Adult Commissioners):
a. Form 700 – Assuming Office, Annual, and Leaving Office when term is complete. b. Planning Commissioners are also required to complete AB 1234 Ethics Training and file the original certificate with the Town Clerk every two years.

3. Failure to comply with all Town Policies, Guidelines, and Handbooks.

CONFLICT OF INTEREST
Under the Fair Political Practice Act, an advisory board member has a disqualifying conflict of interest in a governmental decision if it is foreseeable that the decision will have a financial impact on his or her personal finances or other financial interests. In such cases, there is a risk of biased decision-making that could sacrifice the public’s interest in favor of the official’s private financial interests. To avoid actual bias or the appearance of possible improprieties, the public official is prohibited from participating in the decision.

The Fair Political Practice Act does not prohibit an advisory board member from participating in a decision simply by virtue of holding a position as a board member, director, officer, or employment with a nonprofit corporation. However, the Town strongly encourages that in the event that a decision concerns a nonprofit corporation for which an advisory board member is a board member, director, officer, or employed with that nonprofit corporation, the person should recuse him or herself and at a minimum shall disclose the potential conflict of interest before any discussion and decision.

APPROVED AS TO FORM:
________
Gabrielle Whelan, Town Attorney

Reviewed by: Town Manager, Assistant Town 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: 11/21/2023
ITEM NO: 12
DATE: November 14, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve Modifications to Town Council Policy 2-01: Agenda Format and Rules
RECOMMENDATION:

Approve modifications to Town Council Policy 2-01: Agenda Format and Rules Policy.

BACKGROUND:

In June 2023, the Town Council held a retreat and identified the following values that should guide the way Council members and staff engage with community members and how the Council would like community members to engage at Council members and other forums:
 Be respectful, welcoming, inclusive, compassionate, and kind to each other,  Appreciate the diversity of perspectives and views in our community,  Express your views and share your perspectives in helpful ways,  Listen to understand and empathize with each other, and  Collaborate and work together to do what is best for Los Gatos.

On September 5, 2023, the Town Council discussed the use of these community values at Council meetings. Council also discussed playing the civility video at the beginning of the meeting and had consensus that it was no longer necessary. Council provided direction to staff to modify the agenda format by consolidating the preamble language, removing the civility language, adding language regarding the Town values, and updating the Town Council Policy 2- 01: Agenda Format and Rules accordingly.

PAGE 2 of 3
SUBJECT: Approve Modifications to the Agenda Format and Rules Policy DATE: November 14, 2023
DISCUSSION:

Attachment 1 contains a redline of the Agenda Format and Rules Policy to incorporate the direction of the Town Council. Section Q entitled “Behavior Expectations and Consequences at Town Council Meetings” is proposed to be modified to read:

At each meeting, the Mayor should welcome the public to participate in the meetings, understanding that the purpose of the meeting is to conduct the important business of the Town in an efficient and effective manner. At each meeting, the Mayor may promote constructive communication by asking Council members, staff, and community members to embrace and adhere to the following values:
 Be respectful, welcoming, inclusive, compassionate, and kind to each other,  Appreciate the diversity of perspectives and views in our community,  Express your views and share your perspectives in helpful ways,  Listen to understand and empathize with each other, and  Collaborate and work together to do what is best for Los Gatos.

As needed, the Mayor may need to remind the public about the Town’s civility rules.

All of the civility rules remain in the Policy except the one pertaining to Penal Code (PC) 403. As mentioned in September, this item is being removed because a disruption of the meeting is a violation of PC Section 403, disrupters may be cited, and there are additional consequences. It is not necessary to call out a single consequence.

The other recommended changes are minor. One change is in Section A “Order of the Agenda” to update the language of the first item to “Call Meeting to Order” instead of “Meeting Call to Order.” The second change would update the guidance for assistance under the Americans with Disability Act in Section H. Instead of 48-hours notice before a meeting, staff recommends at least two business days. This avoids the public trying to contact the Clerk’s Office during the weekend.

CONCLUSION:

The proposed modifications to the Agenda Format and Rules Policy communicate the Council’s values and provide the Mayor flexibility in the use of the values at a Council meeting. The civility rules remain in the Policy in the event the Mayor needs to remind the public more firmly about proper decorum.

COORDINATION:

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

PAGE 3 of 3
SUBJECT: Approve Modifications to the Agenda Format and Rules Policy DATE: November 14, 2023
FISCAL IMPACT:

The proposed modification of the Town Council Policy has no fiscal impact.

ENVIRONMENTAL ASSESSMENT:

The proposed modification is not a project defined under the California Environmental Quality Act and no further action is required.

Attachment:

1. Town Council Policy 2-01: Agenda Format and Rules

ATTACHMENT
1 COUNCIL POLICY MANUAL
TITLE: Town Agenda Format and Rules POLICY NUMBER: 2-01 EFFECTIVE DATE: 12/15/1986 PAGES: 7
ENABLING ACTIONS: 1986-183; 1987-
024; 1988-124; 1993-181; 1994-057;
1996-108; 2001-077; 2004-033; 2009-
002; 2021-047
REVISED DATES: 12/15/1986; 3/2/1987;
6/6/1988; 6/15/1992; 12/6/1993; 4/4/1994;
8/5/1996; 7/2/2001; 4/5/2004; 1/20/2009;
3/16/2009; 12/6/2010; 8/5/2013; 3/3/2015;
9/20/2016; 6/20/2017; 8/1/2017; 12/4/18/;
8/20/19; 12/3/19; 6/1/2021; 11/2/2021;
9/20/22; 2/7/2023; 11/21/23
APPROVED:

PURPOSE
To establish procedures which standardize Town agendas and insure an orderly meeting. This Policy applies to Town Council and all Town Boards, Commissions, and Committees.

POLICY
The following policies have been established:

A. Order of the Agenda
Subject to the Mayor’s, or Chair’s, discretion to change the order of consideration of any agenda item during any individual meeting:

Call Meeting Call to Order
Roll Call
Pledge of Allegiance
Appointments
Presentations
Closed Session Report
Council Matters
Manager Matters
Consent Calendar
Verbal Communications
Public Hearings
Other Business
Adjournment (No later than midnight without vote)
Small Town Service Community Stewardship Future Focus

TITLE: Town Agenda Format and Rules PAGE:
2 of 8
POLICY NUMBER:
2-01
B. Closed Session Report
At the first Council meeting following any Closed Session, the Town Attorney will report on the Closed Session describing what occurred, but without reporting any information which could damage the Town’s position on a) potential or existing litigation, b) the acquisition or disposition of property, or c) any employee’s privacy interests. In addition, the Closed Session agenda shall clearly identify the subject of each agenda item consistent with the requirements of the Brown Act.

C. Communications by Members of the Public
Speakers at public meetings will be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional but not required.

1. Verbal Communications. Comments by members of the public during the initial Verbal Communications portion of the agenda on items not on the Council agenda shall be limited to 30 minutes and no more than three (3) minutes per speaker. As an item not listed on the agenda, no response is required from Town staff or the Council and no action can be taken. However, the Council may instruct the Town Manager to place the item on a future agenda. At the conclusion of the first Verbal Communications, the agenda will proceed onto the Public Hearings and Other Business sections of the agenda. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications section can be opened prior to Adjournment.

2. Public Hearings. Presentations during the Public Hearings portion of the agenda by appellants and applicants, including any expert or consultant assisting with the presentation, shall be limited to a total of no more than five (5) minutes for all speakers.

Appellants and applicants shall be provided no more than three (3) minutes to rebut at the end of the public hearing. Other members of the public testifying at public hearings shall be limited to no more than three (3) minutes.

3. Submittal of written materials by Applicant and Appellant. To allow Town Council, Boards, Commissions, Committees, Town Staff, and the public the opportunity to review material in advance of a hearing, all materials submitted by the Applicant or Appellant must be received by the Town Clerk fourteen (14) days prior to the scheduled public hearing. Documents and materials received from the Applicant or Appellant after the deadline will be accepted; however, the Town Staff may not have the time to analyze the documents and material, and Town Council may not have the time to consider materials submitted after the deadline. The submittal of any additional material by the Applicant or Appellant shall not be considered prima facie evidence (sufficient to establish a fact or raise a presumption) under Town Code Section 29.20.300.

4. Other Agenda Items. Comments by members of the public concerning any other item on an agenda shall be limited to no more than three (3) minutes per item.

TITLE: Town Agenda Format and Rules PAGE:
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POLICY NUMBER:
2-01

5. Mayor’s Discretion. All time limits noted above shall be subject to change at the Mayor’s discretion. If a member of the public speaks on the wrong item, the time used would be deducted from the speaker’s overall public comment time allowance on the correct item.

D. Consent Calendar
Items on the Council agenda that are considered to be of a routine and non-controversial nature are placed on the Consent Calendar. Typical items include meeting minutes, final reading and adoption of ordinances, resolutions approving agreements, awards of contracts, status staff reports, etc.

Consent items shall be approved by a single Council motion unless a member of the Council requests that an item be removed for separate Council action. Members of the public may speak on an item on the Consent Calendar during the public comment portion before the Council votes on the Consent Calendar. Items removed from the Consent Calendar may be considered at that meeting at the Mayor’s discretion. If an item is removed for discussion, members of the public may speak to that item even if they previously spoke on the item during public comment.

E. Presentations
The Presentations portion of the agenda is intended to allow organized groups to make formal presentations to the Council and to recognize and honor deserving individuals and organizations. All matters included on the Presentations portion of the agenda require the prior approval of the Mayor and shall be limited to no more than ten (10) minutes, unless the Mayor grants additional time.

F. Council Matters
Members of Council may report on the activities of the committees to which they belong or the meetings they attend, question staff briefly on matters upon which the Council has taken action or given direction, make brief announcements, or discuss whether to place particular items on future agendas for action by the Council. Future agenda items to be briefly discussed here shall be identified consistent with Section G of this Policy, or may be raised for the first time under this item.

G. Adjournment
Council meetings will be adjourned at midnight unless a majority of the Council Members present vote to extend the adjournment time.

H. Americans with Disabilities Notice on Town Agendas
As part of the requirements under the Americans with Disabilities Act, the Town is required to provide notice of whom to contact in advance of a public meeting for assistance to disabled individuals who might wish to participate. The following notice shall be provided in at least one location on each Town agenda for Council, Boards, Commissions, or Committees.

TITLE: Town Agenda Format and Rules PAGE:
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POLICY NUMBER:
2-01
I. Preparation of the Agenda
The agenda is prepared by staff in consultation with the Mayor for the Mayor’s final approval. If there is a disagreement between the Mayor and staff, the Mayor makes the ultimate call on the Agenda and its items. Any member of the Council may submit a request through the Town Manager or directly to the Mayor to make a change or addition to the agenda. In no event may the subject of whether to amend the agenda be discussed outside of a public meeting by more than two (2) members of the Council.

Items thus proposed to be added to the agenda require the Mayor’s agreement to be added for action. If the Mayor does not agree, the item shall be listed on the agenda for discussion purposes only under the Council Matters section of the agenda. Council may then discuss whether to place the item on a future agenda for action. Two (2) or more members of the Council must vote in favor of placing an item on a future agenda for action. The Mayor in good faith will make every effort to place the item on the first available Council agenda in consultation with the Town Manager.

If the wish of the Council is to add an item on the agenda of the current meeting, then the Brown Act generally requires a two-thirds (2/3) vote or a unanimous vote of those present if less than five (5) Council Members are present, with a finding that there is a need to take immediate action and the need for action came to the attention of the Town after the agenda was posted.

J. Agenda Schedule and Preparation
In general, questions or inquiries from Council Members to the Town Manager and/or Town Attorney regarding agenda items should be responded to within 24 hours, and then placed into Addenda and/or Desk Items, as appropriate.

Thursday, prior
to the meeting
Written agenda is finalized and printed. Agenda packets distributed to Town Council Members. Public comments on agenda items received by 11:00 a.m. will be included in the agenda packet.

Friday, prior to
the meeting
Additional information from staff available after the Thursday distribution of the agenda packet, and public comments received prior to 11:00 a.m. on Friday will be distributed to Town Council members as an Addendum to a staff report.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk’s Office Administrator at (408) 354- 6834. Notification 48 hours at least two (2) business days before prior to the meeting date will to enable the Town to make reasonable arrangements to ensure accessibility to this meeting [28 CFR §35.102-35.104]

TITLE: Town Agenda Format and Rules PAGE:
5 of 8
POLICY NUMBER:
2-01
Monday, prior
to the meeting
Additional information from staff available after the Friday Addendum and public comment received prior to 11:00 a.m. on Monday will be distributed to Town Council members as an Addendum to a staff report.

Day of Council
Meeting
Council comments and questions received by 7:00 a.m. and public comments received by 11:00 a.m. on the morning of a Council meeting will be included in a Desk Item for distribution to Town Council members by 3:00 p.m. on the afternoon of a Council meeting. Council comments and questions received after 7:00 a.m. may be addressed during the Council meeting. Public comment received after 11:00 a.m. will not be distributed to the Council in the Desk Item; however, public comment may be submitted by individuals during the Council meeting.

In general, questions or inquiries from Council Members to the Town Manager and/or Town Attorney regarding agenda items should be responded to within 24 hours, and then placed into Addenda and/or Desk Items, as appropriate.

K. Agenda Posting
Council Agendas shall be posted at least 72 hours prior to a regular meeting, and at least 24 hours prior to a special meeting. Notice of any meeting of a formally appointed Committee where two Council Members could be present shall be posted at least 24 hours in advance of any such meeting with a note as to the time and location, and an invitation to the public to attend.

L. Conduct of Town Council Meetings
The Council shall adopt:

1. Robert's Rules of Order or

2. Some other rules of order, or

3. Allow the Mayor to conduct the meeting as deemed appropriate so long as all members of the Town Council concur.

M. Attendance at Meetings
The Town Council and Commissioners are expected to attend all meetings as part of their commitment to their positions. Attendance requirements for Commissioners are set forth in Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum. Consistent with the Family Medical Leave Act and the California Family Rights Act, absences of up to 12 weeks due to the birth of a child constitute excused absences.

N. Remote Attendance
In addition to the requirements of the Brown Act, the following guidelines apply to Town meetings:

TITLE: Town Agenda Format and Rules PAGE:
6 of 8
POLICY NUMBER:
2-01

1. Town Council Meetings: Requests by Council Members to attend a regular Council meeting via remote appearance (either Zoom or telephone) are allowed on a limited basis and with no more than two remote participations in a row. Remote attendance shall be permitted for a medical, family or work event requiring a Council Member’s absence or in the event the Council Member is out of the area on official Town business.

In addition, at least a quorum of the Council must participate from a location within the Town and comply with other requirements of the Brown Act. When a Council Member is participating remotely, they shall have their camera on and be visible for the duration of the meeting.

2. Town Board, Committee, and Commission Meetings: Board, Committee, and Commission members may participate remotely by telephone only, with the exception of the Finance and Planning Commissioners who have the choice of either Zoom or telephone. Requests by Commissioners to attend a Commission meeting via remote appearance should be allowed on a limited basis to mirror the existing attendance requirements, with no more than four remote participations annually, no more than two remote participations in a row, and in compliance with the Brown Act.

3. Remote Participation by the Public: The public may participate in Town Council, Finance Commission, and Planning Commission meetings remotely by following the remote participation instructions that are provided on the agenda. The remote participation instructions shall be provided on all Town Council, Finance Commission, and Planning Commission agendas. There is not a remote public participation option for other Town Boards, Committees, or Commissions.

O. Proposed Reconsideration of Prior Council Actions
Reconsideration of prior Council actions is discouraged and may only occur in special circumstances subject to the procedural restrictions outlined herein. Reconsideration does not include, and this Policy does not prohibit, the repeal of a resolution or ordinance in response to a lawsuit or a referendum challenging that adoption.

Step 1 – Motion to Place Reconsideration of a Prior Action on a Future Council Agenda a) The motion must be made by a Council Member who previously voted on the prevailing side of the prior action;
b) The maker of the motion shall specifically articulate the new information, analysis and/or circumstances that warrant(s) reconsideration of the prior action; c) The motion must be adopted by a majority of the full Council; and d) The motion may only be made and considered at the next regularly scheduled meeting of the Council after the item was originally acted upon.

TITLE: Town Agenda Format and Rules PAGE:
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POLICY NUMBER:
2-01
Step 2 – Full Reconsideration of the Prior Action, if a motion as outlined in Step 1 is approved.
a) The full reconsideration of the prior action will be placed on the next available Council agenda following the agenda-setting and required public notification process. b) The agenda, public notification and staff report for the full reconsideration of the prior action shall clearly state that the item has been previously acted upon by the Council and is being reconsidered by the Council.
c) Action on the reconsideration of the prior action shall adhere to regular Council policies and practices as if the item was being heard for the first time. d) The full reconsideration of the prior action (whether sustained, reversed or otherwise modified) will be the final action on that item, and no further reconsiderations will be considered.

P. Motions by the Chairperson
The Chairperson of the meeting may make or second motions. The Chairperson may also restate, or ask that the maker restate, all motions immediately prior to any vote.

Q. Behavior Expectations and Consequences at Town Council Meetings At each meeting, the Mayor should welcome tThe public is welcome to participate in the meetings, understanding that the purpose of the meeting is to conduct the important business of the Town in an efficient and effective manner. At each meeting, tThe Mayor may promote constructive communication by asking Council members, staff, and community members to embrace and adhere to the following values:
 Be respectful, welcoming, inclusive, compassionate, and kind to each other,  Appreciate the diversity of perspectives and views in our community,  Express your views and share your perspectives in helpful ways,  Listen to understand and empathize with each other, and  Collaborate and work together to do what is best for Los Gatos.

As needed, the Mayor may need to remind the public about the Town’s civility rules should state:

1. For the benefit of the entire community, the Town of Los Gatos asks that all speakers follow the Town’s meeting guidelines by treating everyone with respect and dignity. This is done by following meeting guidelines set forth in State law, in the Town Code, and on the cover sheet of the Council agenda.

2. The Town embraces diversity and strongly condemns hate speech and offensive, hateful language or racial intolerance of any kind at Council meetings.

TITLE: Town Agenda Format and Rules PAGE:
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POLICY NUMBER:
2-01

3. Town Council and staff are well aware of the public’s right to disagree with their professional opinion on various Town issues. However, anti-social behavior, slander, hatred, and bigotry statements are completely unacceptable and will not be tolerated in any way, shape, or form at Town Council meetings.

4. All public comments at the Town Council meeting must pertain to items within the subject matter jurisdiction of the Town and shall not contain slanderous statements, hatred, and bigotry against non-public officials.

5. The Town will go through the following steps if a disturbance results from a member of the public not following these rules:
a. If participating remotely, Town staff may mute the individual with an explanation for the record of why muting occurred consistent with this Policy. b. If participating in-person, the Mayor may call a recess for violation of this Policy, resulting in the immediate cessation of the audio and video recording and the Council exiting the Chamber. Staff will determine if the individual should be removed or if all members of the public should leave depending on the extent of the disturbance. In the event that all public members exit, only the press would be allowed back in the meeting. Once the individual(s) leave, the Council would return to the Chamber and the Mayor would resume the meeting. c. Persons disrupting a Council meeting may be cited for violation of the California Penal Code Section 403.

APPROVED AS TO FORM:
_________
Gabrielle Whelan, Town Attorney

PREPARED BY: Kinjal Buch
Senior Engineering Technician
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: 11/21/2023
ITEM NO: 13
DATE: November 6, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider the Following Actions for the Procurement and Implementation of the OpenGov Procurement Suite for Contract Management and Maintenance:
a. Authorize an Expenditure Budget Transfer in an Amount of $3,000 from project #411-811-0008 (Shannon Road Repair);
b. Authorize an Expenditure Budget Transfer in an Amount of $1,000 from project #411-813-0218 (Shannon Road Pedestrian and Bike Improvements);
c. Authorize an Expenditure Budget Transfer in an Amount of $5,500 from project #411-813-9921 (Curb, Gutter, and Sidewalk Maintenance); d. Authorize an Expenditure Budget Transfer in an Amount of $10,700 from project #411-811-9901 (Street Repair and Resurfacing);
e. Authorize an Expenditure Budget Transfer in an Amount of $500 from project #411-821-2309 (Termite Abatement at Water Tower); f. Authorize an Expenditure Budget Transfer in an Amount of $500 from project #411-831-4605 (Parks Playground Fibar);
g. Authorize an Expenditure Budget Transfer in an Amount of $3,000 from project #411-812-0130 (Annual Roadside Fire Fuel Reduction); and h. Authorize an Expenditure Budget Transfer in an Amount of $3,000 from project #411-832-4508 (Annual Vegetation Management Town-Wide).

RECOMMENDATION:

Consider the following actions for the procurement and implementation of the OpenGov Procurement suite for contract management and maintenance:

PAGE 2 OF 4
SUBJECT: Procurement and Implementation of the OpenGov Procurement Suite for Contract Management and Maintenance
DATE: November 6, 2023
RECOMMENDATION (continued):
a. Authorize an expenditure budget transfer in an amount of $3,000 from project #411-811- 0008 (Shannon Road Repair);
b. Authorize an expenditure budget transfer in an amount of $1,000 from project #411-813- 0218 (Shannon Road Pedestrian and Bike Improvements);
c. Authorize an expenditure budget transfer in an amount of $5,500 from project #411-813- 9921 (Curb, Gutter, and Sidewalk Maintenance);
d. Authorize an expenditure budget transfer in an amount of $10,700 from project #411-811- 9901 (Street Repair and Resurfacing);
e. Authorize an expenditure budget transfer in an amount of $500 from project #411-821- 2309 (Termite Abatement at Water Tower);
f. Authorize an expenditure budget transfer in an amount of $500 from project #411-831- 4605 (Parks Playground Fibar);
g. Authorize an expenditure budget transfer in an amount of $3,000 from project #411-812- 0130 (Annual Roadside Fire Fuel Reduction); and
h. Authorize an expenditure budget transfer in an amount of $3,000 from project #411-832- 4508 (Annual Vegetation Management Town-Wide).

BACKGROUND:

The Town has a decentralized purchasing and contracting system, in which purchases are made and managed by individual Departments after following the appropriate approval and execution protocols. This allows each Department to handle purchase requests specific to its needs and to apply their expertise to the purchasing process. Each agreement requires staff to prepare various documents and to collect multiple pieces of supporting information such as insurance certificates. The Town also follows the California Uniform Public Construction Cost Accounting Act with procedures that provide uniformity of cost accounting standards for construction work performed or contracted by public entities in the State and a method for the bidding of public works projects.

The Department of Parks and Public Works (PPW) processes more than 100 agreements annually for items such as construction; on-call consulting; maintenance services for landscaping, lighting, and streetlights; and building maintenance. A significant amount of staff time is spent managing the contract preparation process utilizing Microsoft Word and Excel templates, along with multiple emails back and forth with vendors to obtain all of the required materials. Staff began researching available contract management options, including an evaluation of the new Enterprise Resource Planning (ERP) system currently being implemented for Finance and Human Resources purposes. The Town’s ERP software does not have a contract module that meets the Town’s needs. After additional analysis, staff found that the OpenGov Procurement suite was the most seamless and cost-effective solution.

PAGE 3 OF 4
SUBJECT: Procurement and Implementation of the OpenGov Procurement Suite for Contract Management and Maintenance
DATE: November 6, 2023
BACKGROUND (continued):

The OpenGov Procurement suite would deliver a cloud-based procurement and contracting solution by managing and automating the purchasing and contracting process. This includes Requests for Proposals (RFP), Requests for Bids (RFB), Requests for Qualifications (RFQ), contract awards, contract creation using templates, and contract management.

DISCUSSION:

OpenGov Procurement and Contract Management suite would help PPW achieve significant efficiencies and time savings with more collaboration, automation, and streamlined solicitation development using boilerplate templates and an extensive scope of work library, centralized contract management with automatic reminders, and the ability to track spending, insurance, and change requests.

PPW has been using the Asset Management program offered by Cartegraph for its work orders since 2004. In 2022, Cartegraph was acquired by OpenGov. Since PPW is familiar with Cartegraph/OpenGov, the Department is proposing to add the Procurement and Contract Management suite using the single source clause of the Town Purchasing Policy. A single source is defined as the selection of a good or service that may be available from two or more vendors, but there is a compelling reason to select one particular vendor.

The fees for the software and professional services for a one-year period beginning December 30, 2023, are in the amount of $31,644. The agreement is for one year and at the end of the agreement, the Procurement and Contract Management suite and Cartegraph (Asset Management) would be merged into one agreement and brought forward to Council for authorization for the Town Manager to execute an agreement.

CONCLUSION:

Approval of the recommendations allows Parks and Public Works to move forward with the implementation of this software, improving the efficiency of operations.

FISCAL IMPACT:

This agreement would utilize a combination of the transfer of funds from the FY 2023/24 – 2027/28 CIP projects considered with this staff report equaling $27,200, along with Adopted Operating Budget funds in the amount of $4,500, for a total amount of $31,700.

PAGE 4 OF 4
SUBJECT: Procurement and Implementation of the OpenGov Procurement Suite for Contract Management and Maintenance
DATE: November 6, 2023
FISCAL IMPACT (continued):

Staff reviewed both the Operating Budget accounts and Capital Improvement Program (CIP) project budgets and identified funds available after existing commitments and determined that the transfer of funds will not impact the completion of the work and/or purchases intended for the projects. The purchase of the new software will be beneficial to all CIP projects.

The table below shows the available funding from the Operating and the recommended transfers from CIP projects.

ENVIRONMENTAL ASSESSMENT:

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

ATTACHMENT:

1. Agreement for Services with Exhibit A
FY23/24
Budget
Available GFAR
Budget for
Transfer
Costs

SOURCE OF FUNDS
Operating Budget:

Operational Savings will be Absorbed in the Budget $ 4,500 Total Operating Budget $ 4,500
CIP Budget:
411-811-0008 (Shannon Road Repair)* $ 3,884,504 $ 3,000 411-813-0218 (Shannon Road Pedestrian and Bike Improvements)* $ 2,054,662 $ 1,000 411-813-9921 (Curb, Gutter, and Sidewalk Maintenance)* $ 300,000 $ 5,500 411-811-9901 (Street Repair and Resurfacing)* $ 872,945 $ 10,700 411-821-2309 (Termite Abatement at Water Tower) $ 25,000 $ 500 411-831-4605 (Parks Playground Fibar) $ 57,469 $ 500
411-812-0130 (Annual Roadside Fire Fuel Reduction) $ 825,191 $ 3,000 411-832-4508 (Annual Vegetation Management Town-Wide) $ 105,880 $ 3,000 Total CIP Budget $ 27,200
Total Source of Funds $ 31,700

USE OF FUNDS
OpenGov Procurement Suite for Contract Management and Maintenance $ 31,700 Total Project Expenditures $ 31,700
Remaining Budget $0
*CIP Budget is approximate and may not include FY 22/23 carryforwards OpenGov Procurement Suite

Agreement for Services
OpenGov, Inc.

AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 1
st day of November 2023 and is made by and
between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and OpenGov, Inc. (“Service Provider”), identified as a C Corporation and whose address is PO Box 41340 San Jose, CA 95160. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 Town desires to engage Service Provider as the sole provider for the services described in this Agreement and the Service Provider was found to be a responsible supplier for these services.

1.2 Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

1.3 Town desires to engage Service Provider to provide additional service for E-Procurement and Contract Management.

1.4 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.

II. AGREEMENT

2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposalsent to the Town on November 2, 2023, which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. The effective date of this Agreement shall begin December 30, 2023, until December 29, 2024.

2.3 Sole Responsibility. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

2.4 Intentionally omitted.

2.5 Compensation: Compensation for services in the amount not to exceed $31,644, inclusive of all costs. Payment shall be based upon Town approval of each task.

2.6 Billing. Billing shall be annually by invoice within thirty (30) days of the execution of this Agreement.

ATTACHMENT 1

Agreement for Services
OpenGov, Inc.

Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:

Invoices:

Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
[email protected]

2.7 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request of the Town.

2.8 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Service Provider. No portion of these services shall be assigned or subcontracted without the written consent of the Town.

2.9 Independent Contractor. It is understood that the Service Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Service Provider may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance under this Agreement. Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Service Provider or is based on allegations of Service Provider's negligent performance or wrongdoing.

2.10 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Service Provider warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Service Provider shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider shall promptly notify Town of this

Agreement for Services
OpenGov, Inc.
employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

2.11 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.

III. INSURANCE AND INDEMNIFICATION

3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: two million dollars ($2,000,000) aggregate for bodily injury, personal injury and property damage. ii. Service Provider agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates of insurance, with endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received by the Town before work commences.

General Liability:
i. The Town, its elected and appointed officials, employees, and agents are added as additional insured for commercial general liability coverage for activities performed by the Service Provider.
ii. The Service Provider's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees and agents for services supplied by Service Provider. Any insurance or self-insurances maintained by the Town, its officers, officials, or employees shall be excess of the Service Provider's insurance and shall not contribute with it. iii. Intentionally omitted.

Agreement for Services
OpenGov, Inc.
iv. The Service Provider's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.

3.3 Workers’ Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement.

Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.

3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, and employees from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of an uncured material breach of the Agreement due to the grossly negligent act or omissions of the Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor.

IV. GENERAL TERMS

4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.

4.3 Termination of Agreement. If either party materially breaches any term of this Agreement and fails to cure such breach within 30 days after receiving written notice by the nonbreaching party (10 days in the case of non-payment), the non-breaching party may terminate this Agreement.

4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.

Agreement for Services
OpenGov, Inc.

4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.

4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
OpenGov, Inc
PO Box 41340
San Jose, CA 95160
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.

4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.

4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.

Agreement for Services
OpenGov, Inc.

IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.

Town of Los Gatos by:

Laurel Prevetti, Town Manager
Recommended by:

Nicolle Burnham
Director of Parks and Public Works
OpenGov, Inc by:

Sam Kramer, VP Finance
Approved as to Form:
_____________________________________
Gabrielle Whelan, Town Attorney
Attest:
______________________________________
Wendy Wood, CMC, Town Clerk

https://opengov.com | 1
Order Form Number:

Created On:

Quote Expiration Date:

Subscription Start Date:

Subscription End Date:

Q012493
November 2, 2023
November 30, 2023
December 30, 2023
December 29, 2024
Prepared By:

Email:

Contract Term:

OpenGov Inc.
6525 Crown Blvd #41340
San Jose, CA 95160
United States
Nick Jin
[email protected]
12 Months
Customer Information
Customer:

Bill To/Ship To:

Town of Los Gatos, CA
110 E. Main St
Los Gatos, CA US
Contact Name:

Email:

Phone:

Kinjal Buch
[email protected]
408-399-5756
Order Details
Billing Frequency: Annual Payment Terms: Net 30
SOFTWARE SERVICES:

Product / Service Interval Start Date Interval End Date Interval Fee OpenGov Procurement December 30, 2023 December 29, 2024 $16,594.00 Total Amount $16,594.00
PROFESSIONAL SERVICES:

Product / Service Start Date Total Amount
Professional Services Deployment - Fixed Fee December 30, 2023 $15,050.00 Services Total Amount $15,050.00
Order Form Legal Terms
This Order Form is entered into between OpenGov, Inc. (“OpenGov”), and you, the entity identified above (“Customer”), as of the date of the last signature below ("Effective Date"). This Order Form includes and incorporates the OpenGov Software Services Agreement, signed between the parties on July 27, 2023 (“SSA”), the attached Agreement for Services, and the attached Statement of Work (“SOW”), combined, the documents are the "Agreement".

Compensation for services in this Order Form in the amount not to exceed $31,644, inclusive of all costs.

Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, on the Effective Date. By signing this Agreement, Customer acknowledges and agrees to be legal bound by this Order Form and all documents incorporated into this Order Form.

Town of Los Gatos, CA
Signature: \s1\
OpenGov, Inc.

Signature: \s2\
Name: \n1\
Title: \t1\
Date: \d1\
Name: \n2\
Title: \t2\
Date: \d2\

EXHIBIT A

Statement of Work
Town of Los Gatos, CA
Creation Date: 10/20/2023
Document Number: PS-03827
Version Number: 2
Created by: Jennifer Nordin
2023 Statement of Work v1.1.1
1

Table of Contents

1. Overview and Approach 3

1.1. Agreement 3

2. Statement of Work 3

2.1. Project Scope 3

2.2. Facilities and Hours of Coverage 4

2.3. Key Assumptions 4

2.4. OpenGov Responsibilities 4

2.4.1. Activity 1 – Project Management 4

2.4.2. Activity 2 – Initialization 5

2.4.3. Activity 3 – OpenGov Use Cases 5

2.4.4. Activity 4 – Training 6

2.5. Your Responsibilities 6

2.5.1. Your Project Manager 7

2.6. Completion Criteria 7

2.7. Estimated Schedule 7

2.8. Illustrative Project Timelines 8

2.9. Charges 8

2.10. Offer Expiration Date 8
Appendix A: Engagement Charter 9
A-1: Communication and Escalation Procedure 9
A-2: Change Order Process 9
A-3: Deliverable Materials Acceptance Procedure 10
Appendix B: Implementation Activities 11
B-1: OpenGov Procurement Suite 11
Appendix C: Technical Requirements 15
C-1: OpenGov Procurement Suite 15
2023 Statement of Work v1.1.1
2

1. Overview and Approach

1.1. Agreement
This Statement of Work (“SOW”) identifies services that OpenGov, Inc. (“OpenGov” or “we”) will perform for Town of Los Gatos, CA (“Customer” or “you”) pursuant to that order for Professional Services entered into between OpenGov and the Customer (“Order Form”) which references the Master Services Agreement or other applicable agreement entered into by the parties (the “Agreement”).
● Customer acknowledges and agrees that this Statement of Work is subject to the confidentiality obligations set forth in the Agreement between OpenGov and Customer. ● The Deliverables listed in Appendix B are the single source of the truth of the deliverables to be provided.
● Customer’s use of the Professional Services is governed by the Agreement and not this SOW.
● Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall be incorporated by reference into the Agreement.
● In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined in the Agreement. ● This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party.
● OpenGov will be deployed as is, Customer has access to all functionality available in the current release.

2. Statement of Work
This SOW is limited to the Implementation of the OpenGov Procurement suite as defined in the OpenGov Responsibilities section of this document (Section 2.5). Any additional services or support will be considered out of scope.

2.1. Project Scope
Under this project, OpenGov will deliver cloud based Procurement solutions to help the Customer power a more effective and accountable government. OpenGov's estimated charges and schedule are based on performance of the activities listed in the “OpenGov Responsibilities” section below. Deviations that arise during the project will be managed through the procedure described in Appendix A-2: Project Change Control Procedure, and may result in adjustments to the Project Scope, Estimated Schedule, Charges and other terms. These adjustments may include charges on a time-and-materials or fixed-fee basis using OpenGov’s standard rates in effect from time to time for any resulting additional work or waiting time.
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2.2. Facilities and Hours of Coverage
OpenGov will:

A. Perform the work under this SOW remotely, except for any project-related activity which OpenGov determines would be best performed at your facility in order to complete its responsibilities under this SOW.

B. Provide the Services under this SOW during normal business hours, 8:30am to 6:00pm local time, Monday through Friday, except holidays.

C. Use personnel and resources located across the United States, and may also include OpenGov-trained staffing contractors to support the delivery of services.

2.3. Key Assumptions
The SOW and OpenGov estimates are based on the following key assumptions. Deviations that arise during the proposed project will be managed through the Project Change Control Procedure (see Appendix A-2) , and may result in adjustments to the Project Scope, Estimated Schedule, Charges, and other terms.

Per
A. The OpenGov Suites are not customized beyond current capacities based on the latest release of the software.

B. Individual software modules are configured based on discussions between OpenGov and Customer.

C. Procurement Suite
i. Customer will provide complete and correct boilerplate language for solicitation and contract templates within two (2) weeks immediately following the kick-off meeting.
ii. OpenGov template configuration will include up to one (1) solicitation templates and up to one (1) contract templates (See Appendix B for list). iii. Customer will provide a complete and accurate contracts log and vendor list for import to OpenGov.

2.4. OpenGov Responsibilities

2.4.1. Activity 1 – Project Management
OpenGov will provide project management for the OpenGov responsibilities in this SOW.

The purpose of this activity is to provide direction to the OpenGov project personnel and to provide a framework for project planning, communications, reporting, procedural and contractual activity. This activity is composed of the following tasks:

Planning
OpenGov will:

A. review the SOW, contract and project plan with Customer’s Project Manager and key stakeholders to ensure alignment and agreed upon timelines; B. maintain project communications through your Project Manager; C. establish documentation and procedural standards for deliverable Materials; and 2023 Statement of Work v1.1.1
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D. assist your Project Manager to prepare and maintain the project plan for the performance of this SOW which will include the activities, tasks, assignments, and project milestones.

Project Tracking and Reporting
OpenGov will:

A. review project tasks, schedules, and resources and make changes or additions, as appropriate. Measure and evaluate progress against the project plan with your Project Manager;
B. work with your Project Manager to address and resolve deviations from the project plan;
C. conduct regularly scheduled project status meetings; and D. administer the Project Change Control Procedure with your Project Manager.

Completion Criteria:

This is an on-going activity which will be considered complete at the end of the Services Deliverable Materials:
● Weekly status reports
● Project plan
● Project Charter
● Risk, Action, Issues and Decisions Register (RAID)

2.4.2. Activity 2 – Initialization
OpenGov will provide the following:

A. Customer Entity configuration
B. System Administrators creation
C. Solution Blueprint creation
D. Data Validation strategy confirmation
Completion Criteria:

This activity will be considered complete when:
● Customer Entity is created
● System Administrators have access to Customer Entity
● Solution Blueprint is presented to Customer
Deliverable Materials:
● Solution Blueprint
● Sign-off of Initial Draft Solution Blueprint

2.4.3. Activity 3 – OpenGov Use Cases
OpenGov will provide the following:
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Procurement Use Cases
A. Automate Solicitation Development
B. Enhance Supplier Engagement and Collaboratively Evaluate + Award C. Make Contract Management Centralized and Proactive
Completion Criteria:

This activity will be considered complete when:

Procurement Use Cases
● Vendor Portal is configured
● Vendor List is imported
● Solicitation Templates are configured
● Intake Request Template and Workflow are configured
● Contracts Log is imported
● Contract Templates are configured
Deliverable Materials:
● Formal sign off document

2.4.4. Activity 4 – Training
Training will be provided in instructor-led virtual sessions unless otherwise specified in Appendix B. For any instructor-led virtual sessions, the class size is recommended to be 10, for class sizes larger than 10 it may be necessary to have more than one instructor.

Completion Criteria:
● Administrator training is provided
● Agency-wide intake training is provided
Deliverable Materials:
● Formal sign off document

2.5. Your Responsibilities
The completion of the proposed scope of work depends on the full commitment and participation of your management and personnel. The responsibilities listed in this section are in addition to those responsibilities specified in the Agreement and are to be provided at no charge to OpenGov. OpenGov's performance is predicated upon the following responsibilities being managed and fulfilled by you. Delays in performance of these responsibilities may result in delay of the completion of the project and will be handled in accordance with Appendix A-1: Project Change Control Procedure. 2023 Statement of Work v1.1.1
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2.5.1. Your Project Manager
Prior to the start of this project, you will designate a person called your Project Manager who will be the focal point for OpenGov communications relative to this project and will have the authority to act on behalf of you in all matters regarding this project.

Your Project Manager's responsibilities include the following:

A. manage your personnel and responsibilities for this project (for example: ensure personnel complete any self-paced training sessions, configuration, validation or user acceptance testing);
B. serve as the interface between OpenGov and all your departments participating in the project;
C. administer the Project Change Control Procedure with the Project Manager; D. participate in project status meetings;
E. obtain and provide information, data, and decisions within five (5) business days of OpenGov’s request unless you and OpenGov agree in writing to a different response time;
F. resolve deviations from the estimated schedule, which may be caused by you; G. help resolve project issues and escalate issues within your organization, as necessary; and
H. create, with OpenGov’s assistance, the project plan for the performance of this SOW which will include the activities, tasks, assignments, milestones and estimates.

2.6. Completion Criteria
OpenGov will have fulfilled its obligations under this SOW when any of the following first occurs:

A. OpenGov accomplishes the activities set forth in “OpenGov responsibilities” section and delivers the Materials listed, if any; or
B. The End date is reached

2.7. Estimated Schedule
OpenGov will schedule resources for this project upon signature of the order form. Unless specifically noted, the OpenGov assigned project manager will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW.

OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer.
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