Agenda packet, first session — Los Gatos City Council, March 19, 2024 (part 2 of 3)

ITEM NO. 7.

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ITEM NO. 7.

Terms & Conditions
INVITATION FOR BIDS
GENERAL TERMS AND CONDITIONS
The following provisions are hereby made a part of this Invitation for Bids ("bid") by reference and attachment to the Invitation for Bids document. Any contract award made as the result of this bid shall be governed by these General Terms and Conditions. By submission of a bid, bidder does agree if the bid is accepted within 90 calendar days from the date of opening, to furnish to furnish the product(s) and/or service(s) pursuant to these conditions. In the event of a contract award pursuant to this bid, performance by the successful bidder of any or all of the services, or delivery of any or all of the products defined herein, shall constitute acceptance of all terms, conditions and requirements of the resulting agreement.

WARNING: It is the bidder’s responsibility to monitor the County’s website for possible addenda to this bid to inform him/herself of the most current specifications, terms, and conditions (see also Section 4 below), and to submit his/her bid in accordance with the original bid requirements and all addenda. All available bids and related addenda can be found at: https://placer.bidsandtenders.net. Failure of bidder to obtain this information shall not relieve him/her of the requirements contained therein. Additionally, failure of bidder to respond to any addenda, when required, may be cause for rejection of his/her bid.

1. GENERAL. These provisions are standard for all County contracts. The County may delete or modify any of these standard provisions for a particular contract by indicating a change in the special instructions to bidders or in the bid. Any bidder accepting a contract award as the result of this bid agrees that the provisions included within this Invitation for Bid shall prevail over any conflicting provision within any standard form contract of the bidder.

2. SUBMISSION OF BIDS. Bids shall be submitted to the Procurement Services Division either online, by using the Placer County EBid System, or in hard-copy form (see below for instructions). All bids must be submitted prior to the date and time specified in this solicitation. Bids shall be submitted by an employee who is authorized to commit his/her firm or organization to the provisions of the bid. Any exceptions to the specifications, terms, or conditions of this solicitation shall be clearly indicated by bidder.

SUBMISSION OF HARD-COPY BIDS. Bidders who wish to submit bids in hard-copy form in lieu of using the Placer County EBid System shall submit their bids to the Procurement Services Division, 2964 Richardson Drive, Auburn, California, 95603, between the hours of 8:00 am and 5:00 PM (Pacific), Monday through Friday (excluding County holidays). Hard-copy bids shall be submitted in a sealed envelope which clearly identifies the bid number, commodity, and closing date and time. Bids shall be submitted on the bid forms provided by the County, which may be downloaded from the EBid System or obtained from Procurement Services. Hard-copy bids must be signed by an authorized employee of the firm. The County shall not be responsible for bids delivered to a person/location other than that specified herein. Bids shall be in ink or typewritten and all changes and/or erasures shall be initialed and dated in ink. Any exceptions to the specifications, terms, or conditions of this solicitation shall be clearly indicated by bidder, without obliterating the original text or images contained herein.

WARNING: Late bids or unsigned bids shall not be accepted under any circumstances. Facsimile or telephone bids shall not be accepted.

3. AMENDMENTS TO THE BID. Any amendment to this bid is valid only if in writing and issued by the Placer County Procurement Services Division.

REQUESTS FOR CLARIFICATION/INFORMATION. Bidders are instructed to contact the Placer County Buyer/Contact Person(s) specifically identified in this bid for further clarification or information related to the specifications, terms, conditions, or evaluation of this bid. Information provided by other than the named contact person may be invalid, and responses which are submitted in accordance with such information may be declared non-responsive. Additionally, contacts made with other County staff in an attempt to circumvent or interfere with the County’s standard bidding and evaluation practices may be grounds for disqualification of the bidder. Questions should be submitted using the Question tool on the Bids&Tenders site. Questions submitted within four (4) County working days of the bid opening date may not be answered.

4. NON-COLLUSION. The bidder certifies that his bid is made without any previous understanding, agreement or connection with any person, firm or corporation making a bid for the same project and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.

5. CONFLICT OF INTEREST. Bidder states that no County officer or employee, nor any business entity in which they have an interest, has an interest in the bid awarded or has been employed or retained to solicit or aid in the procuring of the resulting contract, nor will any such person be employed in the performance of such contract.

6. AWARD. The contract may be awarded to the lowest responsible and responsive bidder complying with the provisions of the Invitation for Bid. In determining whether a bid is lowest and responsive, and the bidder responsible, the following may be considered by the County: a) Ability to perform the service required within the specified time; b) Reputation, judgment and experience; c) The quality of performance in previous contracts; d) Previous compliance with laws, as well as employment practices; e) Financial ability to perform the contract; f) The quality, availability and adaptability of the supplies or the contractual services to the particular use required; g) Ability to provide maintenance and service; h) Whether the bidder is in arrears to the County, in debt on contract, is a defaulter on surety to the County or whether the bidder’s taxes or assessments are delinquent; i) The resale value and life cycle costs of the items; j) Such other information as identified in the Purchasing Policy Manual having bearing on the decision to make the award. The award analysis will also include consideration for Local Vendor Preference (per Section 18 below) and any prompt pay discounts offered by the bidder (per Section 19 below). The County reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the County. The County also reserves the right to reject the bid of a bidder who has previously failed to perform properly. The County may award bids by line item, category, or on an all-or-none basis.

7. MERCHANTABILITY. There shall be an implied warranty of merchantability and fitness for an intended use. Any bid submittals taking exception to this requirement may, at the County’s option, be considered non-responsive.

8. SAMPLES. Samples of items, when required, must be furnished free of expense to Placer County and if not destroyed by tests will, upon request, be returned at bidder’s expense. Samples of selected items may be retained for comparison.

9. MANUFACTURER’S NAME AND APPROVED EQUIVALENTS. Unless otherwise specified, manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in a specification are intended only to identify the quality level desired. They are not intended to limit competition. The bidder may offer any equivalent product, which meets or exceeds the specifications. If bids are based on equivalent products, the bids must: 1) Indicate on the bid form the alternate manufacturer’s name and catalog number; 2) Include complete descriptive literature and/or specifications; 3) Include proof that the proposed equivalent shall meet the specifications. The County reserves the right to be the sole judge of what is equal and acceptable. If bidder fails to name a substitute, goods identical to the bid standard must be furnished.

10. INSURANCE AND INDEMNIFICATION. The awarded bidder may be required to provide proof of liability, automobile, and/or workers compensation insurance. If required, the minimum coverage requirements will be identified in the bidding documents. All costs of complying with the insurance requirements shall be included in your pricing. The selected firm shall provide complete and valid insurance certificates within ten (10) days of the County’s written request. Failure to provide the documents within the time stated may result in the rejection of the bid response and/or cancellation of the resulting contract or purchase order.

Unless indemnification requirements are stated otherwise in this solicitation, said requirements shall be as follows: The awarded bidder ("Contractor") hereby agrees to protect, defend, indemnify, and hold Placer County free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including, but not limited to the amounts of judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by Placer County arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to property (including employees or property of the County) and without limitation by enumeration, all other claims or demands of every character occurring or any way incident to, in connection with or arising directly or indirectly out of, the contract or agreement. The Contractor agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demand, or suit at the sole expense of the Contractor. Contractor also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against Contractor or the County or to enlarge in any way the Contractor’s liability but is intended solely to provide for indemnification of Placer County from liability for

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ITEM NO. 7.
damages or injuries to third persons or property arising from Contractor’s performance pursuant to the resulting contract or agreement.

11. FORCE MAJEURE. If an emergency or natural disaster causes delay or interferes with the use or delivery of the products/services described in this bid, deliveries may be suspended as long as needed to remove the cause or repair the damage. An emergency or natural disaster includes fire, flood, blizzard, strike, accident, consequences of foreign or domestic war, or any other cause beyond the control of the parties. The County reserves the right to acquire from other sources any products/services during any suspension of delivery.

12. TAXES. Placer County is exempt from Federal Excise Tax; an exemption certificate will be furnished upon request. Placer County is not exempt from California State sales/use taxes. All applicable State sales/use taxes will be added to the purchase order.

13. DELIVERY. All prices bid must be FOB Destination, unloaded inside and assembled unless otherwise indicated.

14. FIXED CONTRACT QUANTITIES. Purchase order(s) for full quantities will be issued to successful bidder(s) after notification of award and receipt of all required documents.

15. OPEN-END CONTRACT. No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end contract. Estimated quantities/bid ratio or discounts from manufacturer’s list price may be used for bid comparison. The County reserves the right to: issue purchase orders as and when required; or issue a contract for individual agencies or multiple County agencies; or any combination of the preceding. No delivery shall be made without a written order by the County, unless otherwise specifically provided for in the contract. If in a subsequent year the vendor offers to supply his goods and service for the same bid price, or in the event the supplier is willing to negotiate to the satisfaction of Placer County any justifiable price increase prior to the succeeding year’s contract renewal and if the service provided by the supplier was to the satisfaction of the County, the County of Placer reserves the right to extend the period of the resulting contract on a year-to-year basis. Alternatively, the bid solicitation may set forth specific renewal terms. Bidder certifies that prices charged to the County for non-listed commodities or no-fixed price items are equal to or less than those charged the bidder’s most favored customer for comparable quantities under similar terms and conditions.

16. TERMINATION OF CONTRACT. In the event of a material breach of the contractual obligations by the Contractor, the County may terminate the contract. At its sole discretion, the County may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than 10 working days from notification, or at minimum the contractor must provide the county within 10 working days from notification a written plan detailing how the contractor intends to cure the breach. If the contractor fails to cure the breach or if circumstances demand immediate action, the County will issue a notice of immediate termination.

Supplier Contracts may be terminated by the County without cause upon 30 calendar days’ written notice.

17. NON-APPROPRIATION. In the event that sufficient funds are not appropriated and budgeted for the payment of goods or services described herein, the agreement shall immediately terminate on the last day of the fiscal period for which appropriations were received or other amounts were available to pay the amounts due under the agreement, without penalty or expense to the County of any kind whatsoever, except that the County will be liable for payment of any unpaid invoices for goods or services which were delivered prior to the end of the last fiscal period for which appropriations were made.

18. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT. If any item or service furnished by the vendor fails to conform to bid specifications, or to the sample submitted by the vendor with his bid (if any), or if the vendor fails to deliver the items or perform any services required by the contract in the time and manner prescribed, the County may reject the products and/or services provided. Upon rejection, the vendor must promptly reclaim and remove any rejected items without expense to the County, and shall immediately replace all such rejected items with others conforming to such specifications or samples, and/or correct the service deficiency. If the vendor fails to do so, the County has the right to purchase in the open market a corresponding quantity of the rejected items, or have another firm provide the required service, and to deduct from any monies due the vendor the difference between the price named in the contract or purchase order and the actual cost to the County. If the vendor breaches the contract or purchase order, any loss or damage sustained by the County in procuring items which the vendor therein agreed to supply shall be borne and paid for by the vendor. The rights and remedies of the County identified above are in addition to any other rights and remedies provided by law or under the contract. In any legal proceeding brought to enforce the terms of the herein agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs incurred as a result of enforcing the terms of this agreement.

19. LOCAL VENDOR PREFERENCE. A local preference credit of 5.0% for Placer County businesses will be permitted when evaluating bids for supplies, equipment, materials and services that are not part of a public project. Bidders claiming local vendor preference must submit an Affidavit of Eligibility with their bid, unless an authorized affidavit is already on file with Placer County Procurement. Preference criteria and affidavit forms are available on our website at: https://www.placer.ca.gov/1408/LocalVendor-Preference

20. INVOICES AND PAYMENT TERMS. Invoices are to be mailed to the County department specified on the resulting purchase order or contract. All invoices must include the purchase order or contract number. Failure to comply will result in delayed payments. The County will make payment on a Net 30-day basis unless a cash discount is allowed for payment within the time period specified by vendor. The payment term shall begin on the date the merchandise is inspected, delivered and accepted by the County, or on the date a correct invoice is received in the office specified in the order, whichever is later. Prompt payment discounts shall be considered earned if payment is postmarked or personally delivered within the prescribed term. For the purposes of this section, the beginning date described above shall be considered day zero for the purposes of counting days in the prescribed term. For the purposes of bid evaluation, the County will only consider discount periods of ten (10) days or more. LATE FEES: In accordance with Section 926.10 of the California Government Code, Placer County may pay interest at not more than the rate of 6% per annum on invoices which are unpaid 61 or more days beyond the “beginning date” or “day zero” as defined above. In cases where this policy may conflict with other terms provided by the supplier, this provision shall prevail.

21. LEGAL REQUIREMENTS. Federal, State, County and local ordinances, rules and regulations, and policies shall govern development, submittal and evaluation of bids and disputes about bids. Lack of knowledge by any bidder about applicable law is not a defense.

22. ASSIGNMENT. Any contract awarded shall not be assignable by the vendor without the express written approval of the County, and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.

23. OTHER AGENCIES. The successful vendor shall agree to extend Placer County contract prices and terms to other governmental agencies. Any contract resulting from this requirement shall be executed by the successful vendor and the other agency. Placer County will not be a party to “other agency” contracts.

24. PROTEST AND APPEAL PROCESS. Any actual or prospective bidder or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Director of Administrative Services in the manner prescribed by Section 10.0 of the Placer County Purchasing Policy. The protest shall be submitted in writing to the Director of Administrative Services within seven (7) County business days after such aggrieved person or company knows or should have known of the facts giving rise thereto.

25. RECYCLED PRODUCT PREFERENCE. A preference of 10% will be given to bids for products meeting the definition of recycled product cited in Public Contract Code Sections 22150 - 22154. In order to be granted this preference bidder shall provide statements and/or documentation as supporting evidence that the product(s) meets the definition.

26. PATENT INFRINGEMENT. Supplier shall indemnify and hold harmless County, its agents and employees, against and from any and all actions, suits, liabilities, prosecutions, penalties, settlements, losses, damages, costs, charges, attorney’s fees, and all other expenses which may arise directly or indirectly from any claim that any of the products supplied by supplier infringes any patent, copyright, trade secret, or other property right.

27. VENDOR FINANCIAL STABILITY. If a vendor is currently involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor must provide the County with that information as part of its bid/proposal. In accordance with Section 3.12(g) of the Placer County Purchasing Policy Manual and paragraph 8.e. of this document, the County may use information regarding a bidder’s financial responsibility when making an award determination.

The County reserves the right to take any action available if it discovers a failure to provide such information to the County, including but not limited to, a determination that the vendor should be declared non-responsible and/or non-responsive, and suspension or debarment of the vendor, in accordance with the processes defined in the Placer County Purchasing Policy Manual.

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ITEM NO. 7.

By submitting a bid/proposal in response to this solicitation, the vendor agrees that if, during the term of any contract it has with the County, it becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor will immediately provide the County with a written notice to that effect and that it will provide the County any relevant information requested in order for the County to determine whether the vendor has the financial ability to meet its obligations to the County.
- - End of General Terms and Conditions - -
07/25/2019
I acknowledge that I have the authority to bind the Company and submit this bid on behalf of the Company. - Steve Adair, Regional Sales Manager The Applicant declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Applicant foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.

File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
There have not been any addenda issued for this bid.

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ITEM NO. 7.

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: 03/19/2024
DATE: March 11, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Authorize the Town Manager to Execute a Contract Amendment to Contract for Legal Services with the Law Firm of Atchison, Barisone & Condotti to Increase Contract Amount in an Amount Not to Exceed $150,000 RECOMMENDATION:

Authorize the Town Manager to execute a contract amendment to contract for legal services with the law firm of Atchison, Barisone & Condotti to increase contract amount in an amount not to exceed $150,000.

BACKGROUND:

In December 2022, the Town Attorney's Office entered into an agreement with the law firm of Atchison Barisone and Condotti to provide on call legal services for a total contract not to exceed amount of $10,000. The Town Attorney’s Office is seeking Town Council approval of an amendment to the existing contract in the amount not to exceed $150,000.

DISCUSSION:

The proposed contract amendment will fund additional legal services, which will include work on updates to the Town’s street vendor ordinance and telecommunications ordinance, as well as assistance with contract review and Public Records Act Requests.

CONCLUSION:

The Town Attorney’s Office recommends approval of the contract amendment because the additional Legal support will support staff work on a variety of time-sensitive projects.

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ITEM NO. 8.

PAGE 2 OF 2
SUBJECT: 1st Amendment to the Atchison Barisone and Condotti Agreement DATE: March 11, 2024
FISCAL IMPACT:

Funds have been budgeted for these services.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Amendment to Agreement

2. Agreement

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ITEM NO. 8.

First Amendment to Consultant Services Agreement with Atchison, Barisone & Condotti, APC First Amendment to Atchison Barisone & Condotti On-Call Municipal Law Services Agreement Page 1

FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT

BETWEEN TOWN OF LOS GATOS AND ATCHISON, BARISONE & CONDOTTI,APC THIS FIRST AMENDMENT (“First Amendment”), effective as of March 1, 2024, (“effective date”) to the AGREEMENT FOR CONSULTANT SERVICES dated December 7, 2022, is made by and between the TOWN OF LOS GATOS (“Town”) and ATCHISON, BARISONE, & CONDOTTI, APC (“Consultant”). Town and Consultant may be referred to individually as a “Party” and collectively, as the “Parties.”

RECITALS
WHEREAS, Town and Consultant have previously entered into that certain Consultant Services Agreement (“Agreement”) dated December 7, 2022, incorporated herein by this reference; and [WHEREAS, Town and Consultant agree to enter into this First Amendment to the Agreement, as specified herein.

AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that the Agreement is hereby amended as follows:

1. Section 2.6 “Compensation” of the Agreement is hereby amended to add at the end of the this section, the following:
“Payment for legal services shall not exceed $150,000 in total.”

2. Section 2.11 of the Agreement is hereby deleted and replaced by the following:
“2.11 Conflict of Interest. 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 which may create conflicts of interest between Consultant and the Town. Should any such conflict develop, despite efforts to avoid conflicts between Town and any of Consultant’s other clients, then Consultant and its attorneys will immediately notify the Town and appropriate measures will be agreed upon, consistent with Consultant’s attorneys’ professional ethical obligations. The Town acknowledges that in the event of a conflict of interest, the Town will agree to allow Consultant to withdraw from representing the Town in the matter which poses a conflict of interest, such that Consultant may continue its legal representation of Consultant’s other clients, in accordance with applicable code of ethics rules.” Except as amended by this First Amendment, all other applicable terms and conditions of the original Agreement and annual fee adjustments shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.

ATTACHMENT 1

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ITEM NO. 8.

First Amendment to Consultant Services Agreement with Atchison, Barisone & Condotti, APC First Amendment to Atchison Barisone & Condotti On-Call Municipal Law Services Agreement Page 2 Each party acknowledges that it has reviewed this First Amendment and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this First Amendment.

The unenforceability, invalidity or illegality of any provision(s) of this First Amendment shall not render the other provisions unenforceable, invalid or illegal.

The Parties may execute this First Amendment in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.

The signatories to this First Amendment warrant and represent that each is authorized to execute this First Amendment and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this First Amendment.

IN WITNESS WHEREOF, the Town and the Consultant have executed this First Amendment effective as of the date first written above.

Approved As To Form:

By: _____________________________ Date: _______________________ Gabrielle Whelan, Town Attorney
CONSULTANT – ATCHISON, BARISONE & CONDOTTI, APC
By: _____________________________ Date: _________________________ Anthony P. Condotti, President
By: _____________________________ Date: _________________________ Barbara H. Choi, Treasurer

TOWN OF LOS GATOS
By: _____________________________ Date: _________________________ Laurel Prevetti, Town Manager

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ITEM NO. 8.

ATTACHMENT 2

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ITEM NO. 8.

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: 03/19/2024
DATE: March 15, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt a Resolution Suspending Resolution Nos. 2024-003, 2024-004, and 2024-005 Regarding the Transportation Impact Fee
RECOMMENDATION:

Adopt a Resolution suspending Resolution Nos. 2024-003, 2024-004, and 2024-005 regarding the transportation impact fee.

BACKGROUND:

On January 16, 2024, the Town Council adopted an updated transportation impact fee. A question was raised regarding the methodology used in the nexus study in support of the updated fee. Staff is gathering information regarding the methodology used. The Resolutions updating the fee took effect on March 15, 2024.

DISCUSSION:

Staff is obtaining information regarding the methodology used for nexus study and will schedule this topic for future discussion by the Town Council.

CONCLUSION:

Staff recommends that the Town Council suspend Resolution Nos. 2024-003, 2024-004, and 2024-005, pending a future staff report to the Town Council regarding the nexus study. If the January 16th resolutions are suspended, the former traffic impact fee will remain in place.

COORDINATION:

This report was coordinated with the Department of Parks and Public Works.

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ITEM NO. 9.

PAGE 2 OF 2
SUBJECT: Resolution Suspending Resolution Nos. 2024-003, 2024-004, and 2024-005 Regarding the Transportation Impact Fee
DATE: March 15, 2024
FISCAL IMPACT:

This action will result in a return to the former traffic impact fee, which is lower.

ENVIRONMENTAL ASSESSMENT:

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

Attachment:

1. Resolution Suspending Resolution Nos. 2024-003, 2024-004, and 2024-005

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ITEM NO. 9.
1 of 1
Resolution 20 - Date

DRAFT RESOLUTION

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SUSPENDING RESOLUTION NOS. 2024-003, 2024-004, AND 2024-005
WHEREAS, the Town Council adopted an updated transportation impact fee on January 16, 2024; and
WHEREAS, the Town received a question regarding the methodology used in the nexus study in support of the updated transportation impact fee; and WHEREAS, pending the collection of information regarding the methodology used in the nexus study, staff recommends suspending Resolution No. 2024-003 Adopting the Nexus Study for the 2023 Update to the Transportation Impact Fee, Resolution No. 2024-004 Updating the Transportation Impact Fee and Amending the 2023-2024 Master Fee Schedule to Include the Updated Fee, and Resolution No. 2024-005 amending the Traffic Impact Policy; NOW, THEREFORE, BE IT RESOLVED, the Town Council suspends Resolution Nos. 2024- 003, 2024-004, 2024-005, pending staff’s collection of information regarding the methodology used in the nexus study and a future Town Council discussion of this topic.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19th day of March, 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: __________________
Attachment 1

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ITEM NO. 9.

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: 03/19/2024
DATE: March 14, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: 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 Appeals from the Decision by the Planning Director, Appeals from the Decision of the Historic Preservation Committee, Assignment of Duties to the Planning Director, Assignment of Duties to the Planning Commission, Powers and Duties of Planning Commission, Powers and Duties of the Planning Director, and Powers and Duties of the Historic Preservation Committee” and Adopt a Resolution Titled “Resolution of the Town Council of the Town of Los Gatos Amending the Enabling Resolution of the Historic Preservation Committee and Rescinding Resolution 2021-043.” The Proposed Amendments to the Town Code are Not Considered a Project Under Section 15378 of the California Environmental Quality Act. Town Code Amendment Application A-24-001. Applicant: Town of Los Gatos. Project Planner: Sean Mullin.

RECOMMENDATION:

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 Appeals from the Decision by the Planning Director, Appeals from the Decision of the Historic Preservation Committee, Assignment of Duties to the Planning Director, Assignment of Duties to the Planning Commission, Powers and Duties of Planning Commission, Powers and Duties of the Planning Director, and Powers and Duties of the Historic Preservation Committee” (Attachment 1) and adopt a resolution titled “Resolution of the Town Council of the Town of Los Gatos Amending the Enabling Resolution of the Historic Preservation Committee and Rescinding Resolution 2021-043” (Attachment 2).

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ITEM NO. 10.

PAGE 2 of 4
SUBJECT: HPC Ordinance Amendments/Town Code Amendment Application A-24-001 DATE: March 14, 2024
BACKGROUND:

On January 16, 2024, the Town Council considered a request for direction on potential amendments to the Historic Preservation Committee Ordinance and Enabling Resolution to address the challenges that can arise when a decision by the Historic Preservation Committee (Committee) is appealed to the Planning Commission. After considering multiple options, the Council directed staff to prepare amendments to the Town Code and Enabling Resolution to provide that the Committee is advisory in nature.

On February 14, 2024, the Planning Commission considered the draft HPC Ordinance (Attachment 1) and draft Enabling Resolution (Attachment 2) and recommended approval to the Town Council. The February 14, 2024 Planning Commission Staff Report and verbatim minutes are included as Attachments 5 and 6.

DISCUSSION:

Town Code Section 29.80.227 provides the Committee’s powers and duties. While most of the powers and duties are advisory only, Subsection (3) does provide that the Committee renders decisions regarding some minor residential and commercial exterior alterations. By practice, the Committee also makes determinations on requests to remove pre-1941 properties from the Historic Resources Inventory. In accordance with Town Code Section 29.20.258, these decisions and determinations are appealable to the Planning Commission. Such appeals are rare. In 2023, there were two appeals of Committee decisions to the Planning Commission.

As detailed in the Planning Commission staff report (Attachment 5), the draft Ordinance and draft Enabling Resolution provide that the Committee is advisory in nature. The draft revisions are consistent with the Council’s direction to staff and with Town Code Section 29.80.225, which states that the Committee acts as an advisory body. As an advisory body, the Committee will provide recommendations to either the Planning Director or the Planning Commission who will render the final decision. These decisions are subject to appeal as reflected in the draft Ordinance and draft Enabling Resolution (Attachments 1 and 2). Redline versions of the draft Ordinance and draft Enabling Resolution are included as Attachments 3 and 4). Consistent with the Council’s direction, appeals considered by the Planning Commission would not require recusal of the Planning Commissioners that serve on the Committee.

PUBLIC OUTREACH:

Staff conducted outreach through the following media and social media resources, as well as direct communication with stakeholders as summarized below:
 The Town’s website home page, What’s New;
 The Town’s Facebook page;
 The Town’s Twitter account;

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ITEM NO. 10.

PAGE 3 of 4
SUBJECT: HPC Ordinance Amendments/Town Code Amendment Application A-24-001 DATE: March 14, 2024
PUBLIC OUTREACH (continued):
 The Town’s Instagram account;
 The Town’s NextDoor page; and
 Direct email communication to local architects and designers.

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

ENVIRONMENTAL ASSESSMENT:

The proposed amendments to the Town Code are not considered a project under Section 15378 of the California Environmental Quality Act.

CONCLUSION:

Staff recommends that the Town Council introduce the draft Ordinance and adopt the draft Enabling Resolution by taking the following steps:

1. Make the finding that the environmental impacts of the proposed amendments to the Town Code are not considered a project under Section 15378 of the California Environmental Quality Act (Attachment 1, Section X); and

2. Make the required finding that the amendments to Chapter 29 of the Town Code in the draft Ordinance are consistent with the General Plan (Attachment 1, Section XI); and

3. Introduce and Ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding Appeals from the Decision by the Planning Director, Appeals from the Decision of the Historic Preservation Committee, Assignment of Duties to the Planning Director, Assignment of Duties to the Planning Commission, Powers and Duties of Planning Commission, Powers and Duties of the Planning Director, and Powers and Duties of the Historic Preservation Committee” (Attachment 1); and

4. Adopt a resolution amending the Enabling Resolution of the Historic Preservation Committee and rescinding Resolution 2021-043 (Attachment 2).

ALTERNATIVES:

Alternatively, the Town Council may:

1. Introduce the draft Ordinance and Adopt the draft Enabling Resolution with modifications; or

2. Continue this item to a date certain with specific direction to staff; or

3. Refer this item back to the Planning Commission with specific direction; or

4. Take no action, leaving the Town Code and Enabling Resolution unchanged.

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ITEM NO. 10.

PAGE 4 of 4
SUBJECT: HPC Ordinance Amendments/Town Code Amendment Application A-24-001 DATE: March 14, 2024
COORDINATION:

The Community Development Department coordinated with the Town Attorney’s Office in the review of the proposed project.

Attachments:

1. Ordinance for Adoption

2. Resolution for Adoption

3. Draft Ordinance Redline

4. Draft Resolution Redline

5. February 14, 2024 Planning Commission Staff Report (without Exhibits)

6. February 14, 2024 Planning Commission Verbatim Minutes

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ITEM NO. 10.
1 of 9
Ordinance March 19, 2024

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE

REGARDING APPEALS FROM THE DECISION BY THE PLANNING DIRECTOR,

APPEALS FROM THE DECISION OF THE HISTORIC PRESERVATION COMMITTEE,

ASSIGNMENT OF DUTIES TO THE PLANNING DIRECTOR, ASSIGNMENT OF DUTIES TO

THE PLANNING COMMISSION, POWERS AND DUTIES OF PLANNING COMMISSION,

POWERS AND DUTIES OF THE PLANNING DIRECTOR, AND POWERS AND DUTIES OF

THE HISTORIC PRESERVATION COMMITTEE
TOWN CODE AMENDMENT APPLICATION A-24-001
PROPERTY LOCATION: TOWN WIDE
APPLICANT: TOWN OF LOS GATOS
WHEREAS, pursuant to the Town’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the Town Council has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the Town and its residents; and
WHEREAS, structures, sites, and areas of special character or special historical, architectural, or aesthetic interest or value, are irreplaceable assets to the Town; and WHEREAS, the purpose of historic preservation is to promote the health, safety, and general welfare of the public through:
(1) The protection, enhancement, perpetuation, and use of structures, sites, and areas that are reminders of past eras, events, and persons important in local, State, or National history, or which provide significant examples of architectural styles of the past, or are landmarks in the history of architecture, or which are unique and irreplaceable assets to the Town and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived.
(2) The development and maintenance of appropriate settings and environment for such structures.
(3) The enhancement of property values, the stabilization of neighborhoods and areas of the Town, the increase of economic and financial benefits to the Town and its inhabitants, and the promotion of the tourist trade and interest. (4) The enrichment of human life in its educational and cultural dimensions by serving aesthetic as well as material needs and fostering knowledge of the living heritage of Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
ATTACHMENT 1

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the past.

WHEREAS, the Town Council of the Town of Los Gatos established the Historic Preservation Committee as an advisory body on all matters pertaining to historic preservation; and
WHEREAS, the Town Council wishes to clarify that the Historic Preservation Committee is an advisory body providing recommendations to the Planning Commission and the Planning Director; and
WHEREAS, the amendments to the Town Code are consistent with the General Plan in that the amendments will continue to implement Policies CD-12.4 and CD-12.5 of the 2020 General Plan and Policy ENV-13.5 of the 2040 General Plan; and WHEREAS, the Planning Commission at its meeting on February 14, 2024, reviewed the proposed amendments to the Town Code regarding historic preservation, held a public hearing, and forwarded a recommendation of approval to the Town Council; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on March 19, 2024; and WHEREAS, on March 19, 2024, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed amendments to the Town Code regarding historic preservation, held a public hearing, and voted to introduce the Ordinance.

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

SECTION I. Section 29.20.255, “Appeals from the decision by the Planning Director,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Any interested person as defined in section 29.10.020 may appeal to the Planning Commission any decision of the Planning Director:
(1) Determining an application for a horse permit, for an amateur horse event or animal permit, for a home occupation permit, for a tree removal permit, for a sign permit, for a minor residential development permit, or denying a certificate of use and occupancy on the ground that the use is not allowed in the zone. (2) Granting or denying an extension of time related to one (1) of the foregoing transactions.
(3) Revoking or modifying one (1) of the foregoing approval of permits. (4) Determination of an unlawful demolition and/or the penalty and the cost assessment for the unlawful demolition.

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(5) Determining a request for reasonable accommodation. (6) Determining matters pertaining to historic preservation.

SECTION II. Section 29.20.258, “Appeals from the decision of the Historic Preservation Committee,” of Chapter 29, “Zoning Regulations,” is removed.

SECTION III. Section 29.20.700, “Planning Director,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(1) Prescribes all forms and contents of applications.
(2) Keeps all records of Planning Commission, Development Review Committee, Historic Preservation Committee, Planning Director and Planning Department work, except records transmitted to the Town Council and retained by the Town Clerk. (3) Investigates applications.
(4) Gives all notices except notices of proceedings of the Town Council. (5) Prepares Development Review Committee and Planning Commission agendas, sets Development Review Committee and Planning Commission hearing dates (subject to the requirements of this chapter) and establishes filing deadlines. (6) Issues permits for temporary sales of Christmas trees and pumpkins, use and occupancy certificates, horse permits and amateur horse events, home occupations and sign permits.
(7) Determines revocations or modifications of animal permits and home occupation permits.
(8) May refer any matter assigned by ordinance to the Planning Director for decision to the Planning Commission for decision.
(9) Determines applications for sign approval when action is not required of the Council or Planning Commission.
(10) Determines applications for tree permits upon recommendation by the Director of Parks, Forestry and Maintenance Services to the extent provided by section

29.10.0985.
(11) Determines applications for section 29.10.09030 demolition permits. (12) Where action is based on an application or notice of appeal, prepares a written notification of all determinations, except determinations by the Council, and sends the notifications to all applicants and appellants.
(13) Prepares and sends notifications required by statute to the County Assessor. (14) Notifies applicants of hearings.
(15) Keeps records of nonconforming signs and mails notices to owners of such signs. (16) Corrects the zoning map.

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(17) Keeps lists of nonconforming uses and buildings.
(18) Reviews applications for construction permits for ordinance compliance. (19) Determines parking requirements for uses whose parking requirements are not specified.
(20) Keeps records of those properties which have utilized parking district exemptions. (21) Determines applications for expansion of nonconforming one- or two-family dwellings.
(22) Reviews all required parking lot screening.
(23) May approve lower walls around required trash enclosures. (24) Chairs the Development Review Committee.
(25) Assists in the writing of ordinances.
(26) Determines whether lots have merged.
(27) Jointly with the Building Official and the Town Engineer, determines parking lot permits as provided by section 29.10.155(l).
(28) Determines initial applications, any application for time extensions and applications for remodeling or reconstruction for secondary dwelling unit permits. (29) Determines application for plumbing fixtures in accessory buildings. (30) Has those duties described in division 8 of this article. (31) Determines applications for accessory structures in R-1 zones in excess of four hundred fifty (450) square feet or on properties with one- or two-family dwellings. (32) Maintains a record of secondary dwelling unit development transfer credits and a list of persons interested in obtaining a transfer credit. (33) Determines requests for reasonable accommodation when action is not required of the Council, Planning Commission or the Development Review Committee. (34) Determines applications for minor exterior alterations to commercial buildings. (35) Determines matters pertaining to historic preservation as provided in section

29.80.222.

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SECTION IV. Section 29.20.750, “Planning Commission,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

The Planning Commission:
(1) May initiate general plan amendments and specific plans or amendments. (2) Hears and recommends all proposals for adoption and amendment of the general plan.
(3) Hears and recommends all proposals for adoption and amendment of specific plans.
(4) May initiate zone changes and amendments to this chapter. (5) Hears and recommends proposals for zone changes, prezonings, and amendments to this chapter, including those referred to it by the Town Council. (6) Determines whether to hear applications for rezoning made within one (1) year of a similar application.
(7) Determines variance applications.
(8) Determines conditional use permit applications that are not assigned to the Development Review Committee or the Town Council.
(9) Determines applications for architecture and site approval except those items listed in section 29.20.745.
(10) Determines time extension when it would have had the power to grant the original approval.
(11) Determines revocations and modifications of zoning approvals as provided in section 29.20.310.
(12) Determines matters referred to it by the Planning Director. (13) Hears appeals from decisions of the Planning Director. (14) Determines whether to allow all deviations from the standards of this chapter which are specifically authorized by this chapter except variances, and determines when stricter standards than those generally imposed by this chapter but specifically provided for in this chapter apply.
(15) Determines applications to alter or demolish structures, sites and areas designated, determines whether the Commission must suspend action on applications to alter or demolish structures, sites and areas designated, under the provisions of division 3 of article VIII of this chapter, or for which designation proceedings are pending.
(16) Determines location and adequacy of required open space for residential condominiums in any zone and for multiple-family developments in the R-M zone. (17) Determines applications for section 29.10.0980 tree permits.

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(18) Determines requirements for access to remote areas in the RC and HR zones. (19) Determines applications for neighborhood identification signs, and signs on freestanding walls.
(20) Performs any functions required by statute or ordinance but not specifically assigned by this chapter.
(21) Determines whether a nonconforming use is no longer lawful. (22) Forwards a recommendation to the Town Council concerning mobile home park conversion permit applications.
(23) Determines requests for reasonable accommodation when action is not required of the Council, Development Review Committee, or the Planning Director. (24) Determines requests for reasonable accommodation when action is not required of the Council, Development Review Committee, or the Planning Director. (25) Determines matters pertaining to historic preservation as provided in section

29.80.220.

SECTION V. Section 29.80.220, “Powers and duties of Planning Commission,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

The Planning Commission:
(1) Shall recommend to the Town Council, after public hearing, concerning designation of landmarks and historic districts, as provided in section 29.80.245. (2) May establish and maintain a list of structures and other landmarks deserving official recognition although not designated as landmarks or historic districts, and take appropriate measures for recognition.
(3) Shall hear and determine architecture and site approval applications for demolition a designated landmark sites and principal buildings in historic districts, as provided in sections 29.80.270 through 29.80.290.
(4) May take steps to encourage or bring about preservation of structures or other features where the Planning Commission has decided to suspend action on a permit application, as provided in section 29.80.285.
(5) Shall seek and consider a recommendation from the Historic Preservation Committee when undertaking the powers and duties set forth in subsections (1) and (3) above, and shall consult with or request assistance from the Historic Preservation Committee when undertaking the powers and duties set forth in subsections (2) and (4) above.

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SECTION VI. Section 29.80.222, “Powers and duties of the Planning Director,” of Chapter 29, “Zoning Regulations,” is added to read as follows:

The Planning Director:
(1) Upon recommendation by the Historic Preservation Committee, determines matters pertaining to historic preservation as provided in section 29.80.227 that are not assigned to the Planning Commission.

SECTION VII. Section 29.80.225, “Historic Preservation Committee,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(a) The Historic Preservation Committee acts as an advisory body to the Planning Commission and Planning Director on all matters pertaining to historic preservation. The Historic Preservation Committee shall consist of five (5) members, three (3) public members and two (2) Planning Commissioners. The public members shall be appointed by the Town Council, and the Planning Commission members shall be appointed by the Planning Commission Chair and affirmed by the Town Council.
(b) The Committee is composed of professional and lay members with demonstrated interest, competence or knowledge in historic preservation. Committee members shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation-related disciplines such as urban planning, American studies, American civilization, cultural geography or cultural anthropology to the extent that such professionals are available in the community.

SECTION VIII. Section 29.80.227, “Powers and duties of the Historic Preservation Committee,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

The Historic Preservation Committee shall:
(1) Regularly review and make recommendations to the Planning Commission concerning the determination of all matters pertaining to historic preservation which comes before the Planning Commission.
(2) Review and make recommendations to the Planning Director concerning the determination of a minor residential development permit for properties with a LHP overlay zone or structures which were built prior to 1941. (3) Review and make recommendations to the Planning Director concerning minor residential and commercial exterior alterations not covered under the architecture and site approval process or the minor residential development permit, for designated properties with a LHP overlay zone pursuant to subsection 29.20.485. (4) Upon request of the Planning Director, review pending or proposed building permits dealing with historic structures when it is questionable that the work proposed meets the guidelines for pre-1941 structures.

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(5) May, on request of the property owner, advise with respect to any proposed work requiring or not requiring a Town permit on any historic structure, a designated landmark site or in a designated historic district. Examples of the work referred to are additions, demolitions, painting and repainting of exterior surfaces, roofing, fencing, landscaping, glazing, and installation of lighting fixtures. In advising, the Historic Preservation Committee shall be guided by the purposes and standards specified in this division and other applicable ordinances and/or development standards. This subsection does not impose regulations or controls on any property. (6) Review and make recommendations to the Planning Director on requests for removal of a pre-1941 property from the Historic Resources Inventory.

SECTION IX. 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 X. CEQA.

Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).

SECTION XI. Consistency with General Plan.

The amendments to the Town Code are consistent with the General Plan in that the amendments will continue to implement Policies CD-12.4 and CD-12.5 of the 2020 General Plan and Policy ENV-13.5 of the 2040 General Plan; and
SECTION XII. 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 City 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 XIII. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of

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ITEM NO. 10.
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Ordinance March 19, 2024
Los Gatos on the 19th day of March 2024, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the __ day of _____ 2024, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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ITEM NO. 10.

Resolution 2024-____ February 14, 2024
RESOLUTION 2024-____

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

AMENDING THE ENABLING RESOLUTION OF THE

HISTORIC PRESERVATION COMMITTEE AND
RESCINDING RESOLUTION 2021-043
WHEREAS, the Town Council of the Town of Los Gatos established the Historic Preservation Committee;
WHEREAS, the Committee is advisory to the Planning Commission and operates in the manner hereinafter prescribed; and
WHEREAS, the Planning Commission at its meeting on February 14, 2024, reviewed the proposed amendments to the Enabling Resolution of the Historic Preservation Committee, held a public hearing, and forwarded a recommendation of approval to the Town Council; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on March 19, 2024; and WHEREAS, on March 19, 2024, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed amendments, held a public hearing, and voted to approve the amendments to the Enabling Resolution of the Historic Preservation Committee.

WHEREAS, the Town Council of the Town of Los Gatos hereby amends the qualifications of members and the duties of the Historic Preservation Committee.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE that the terms and conditions for appointment and conduct of the Historic Preservation Committee are hereby established as follows:

1. Membership - Organization
a. The Committee shall consist of five (5) voting members. Two (2) members shall be Planning Commissioners and three (3) members shall be residents of the Town. b. The terms of appointment shall be at the discretion of the Chair of Planning Commission for Planning Commission members.
c. The resident members shall be appointed by a majority vote of the Town Council and shall serve a term of four (4) years.
d. The Town Council and Planning Commission Chair shall appoint professional and lay members with demonstrated interest, competence, or knowledge in historic preservation.
e. The Town Council and Planning Commission Chair shall seek professional Committee members from among the disciplines of architecture, history, architectural history, planning, archeology, or other historic preservation related disciplines such as urban ATTACHMENT 2

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ITEM NO. 10.

Resolution 2024-____ February 14, 2024
planning, American studies, American civilization, cultural geography, or cultural anthropology to the extent that such professionals are available in the community. f. Except as necessary to appoint qualified historic preservation professionals in the community, the Committee members should be residents of the Town. g. The removal of public members and the absence of members shall be governed in accordance with all current Town Resolutions and Policies. Vacancies shall be filled by appointment by a majority vote of the Town Council and shall be for the unexpired term of the office vacated.
h. The Committee shall hold regular meetings at least once a month and such other meetings as it deems necessary or expedient. Special meetings shall be held by the Committee to avoid any delay of an application being considered by the Planning Commission. The Committee shall call and conduct its meetings in compliance with the Ralph M. Brown Act (Government Code Sections 54950 and following). i. A majority of the total number of seats filled on the Committee shall constitute a quorum for the purpose of transaction the business of the Committee. j. The Committee shall elect a chair and vice-chair, both of whom shall serve at the pleasure of the Committee. Terms of office shall be for one year and shall begin on February 1 and end of January 31 of the following year. k. Minutes of the actions taken during its meetings shall be kept permanently and shall be a public record.

2. Powers and Duties
a. The Committee oversees all development on properties that the Town considers historic.
b. The Committee is composed of residents with demonstrated interest, competence, or knowledge in historic preservation.
c. The duties of the Committee shall be to report to, consult with, and provide assistance, and make recommendations to the Planning Commission and Planning Director as provided in Chapter 29, Article VIII, Division 3 of the Town Code. d. The Committee must report to the Planning Commission prior to any Commission meeting scheduled to discuss an application for a historic structure which requires Planning Commission approval, or a proposal to designate a landmark or a historic district.

3. Resolution Not to Affect Powers of Town Council or Planning Commission Nothing in this resolution shall be construed as restricting or curtailing any of the powers of the Town Council or Planning Commission, or as a delegation to the Committee of any of the authority or discretionary powers vested and imposed by law in such bodies.

BE IT FURTHER RESOLVED that this Resolution rescinds Resolution 2021-043.

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ITEM NO. 10.

Resolution 2024-____ February 14, 2024
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19th day of March 2024, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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ITEM NO. 10.
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Ordinance March 19, 2024

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE

REGARDING APPEALS FROM THE DECISION BY THE PLANNING DIRECTOR,

APPEALS FROM THE DECISION OF THE HISTORIC PRESERVATION COMMITTEE,

ASSIGNMENT OF DUTIES TO THE PLANNING DIRECTOR, ASSIGNMENT OF DUTIES TO

THE PLANNING COMMISSION, POWERS AND DUTIES OF PLANNING COMMISSION,

POWERS AND DUTIES OF THE PLANNING DIRECTOR, AND POWERS AND DUTIES OF

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the past.

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

SECTION I. Section 29.20.255, “Appeals from the decision by the Planning Director,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

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(5) Determining a request for reasonable accommodation. (6) Determining matters pertaining to historic preservation.

SECTION II. Section 29.20.258, “Appeals from the decision of the Historic Preservation Committee,” of Chapter 29, “Zoning Regulations,” is removed.

Sec. 29.20.258. Appeals from decisions of the Historic Preservation Committee.

Any interested person as defined in section 29.10.020 may appeal to the Planning Commission any Historic Preservation Committee determination.

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(13) Prepares and sends notifications required by statute to the County Assessor. (14) Notifies applicants of hearings.
(15) Keeps records of nonconforming signs and mails notices to owners of such signs. (16) Corrects the zoning map.
(17) Keeps lists of nonconforming uses and buildings.
(18) Reviews applications for construction permits for ordinance compliance. (19) Determines parking requirements for uses whose parking requirements are not specified.
(20) Keeps records of those properties which have utilized parking district exemptions. (21) Determines applications for expansion of nonconforming one- or two-family dwellings.
(22) Reviews all required parking lot screening.
(23) May approve lower walls around required trash enclosures. (24) Chairs the Development Review Committee.
(25) Assists in the writing of ordinances.
(26) Determines whether lots have merged.
(27) Jointly with the Building Official and the Town Engineer, determines parking lot permits as provided by section 29.10.155(l).
(28) Determines initial applications, any application for time extensions and applications for remodeling or reconstruction for secondary dwelling unit permits. (29) Determines application for plumbing fixtures in accessory buildings. (30) Has those duties described in division 8 of this article. (31) Determines applications for accessory structures in R-1 zones in excess of four hundred fifty (450) square feet or on properties with one- or two-family dwellings. (32) Maintains a record of secondary dwelling unit development transfer credits and a list of persons interested in obtaining a transfer credit. (33) Determines requests for reasonable accommodation when action is not required of the Council, Planning Commission or the Development Review Committee. (34) Determines applications for minor exterior alterations to commercial buildings. (35) Determines matters pertaining to historic preservation as provided in section

29.80.222.

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SECTION IV. Section 29.20.750, “Planning Commission,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

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29.80.220.

SECTION V. Section 29.80.220, “Powers and duties of Planning Commission,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

The Planning Commission:
(1) Shall recommend to the Town Council, after public hearing, concerning designation of landmarks and historic districts, as provided in section 29.80.245. (2) May establish and maintain a list of structures and other landmarks deserving official recognition although not designated as landmarks or historic districts, and take appropriate measures for recognition.
(3) Shall hear and determine architecture and site approval applications for demolition a designated landmark sites and principal buildings in historic districts, as provided in sections 29.80.270 through 29.80.290.
(4) May take steps to encourage or bring about preservation of structures or other features where the Planning Commission has decided to suspend action on a permit application, as provided in section 29.80.285.
(5) Shall seek and consider a report recommendation from the Historic Preservation Committee when undertaking the powers and duties set forth in subsections (1) and (3) above, and shall consult with or request assistance from the Historic Preservation Committee when undertaking the powers and duties set forth in subsections (2) and (4) above.

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SECTION VI. Section 29.80.222, “Powers and duties of the Planning Director,” of Chapter 29, “Zoning Regulations,” is added to read as follows:

SECTION VIII. Section 29.80.227, “Powers and duties of the Historic Preservation Committee,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

The Historic Preservation Committee shall:
(1) Regularly review and make recommendations to the Planning Commission concerning the determination of all matters pertaining to historic preservation which comes before the Planning Commission.
(2) Review and make recommendations to the Planning Director concerning the determination of a minor residential development permit for properties with a LHP overlay zone or structures which were built prior to 1941. (3) Determine and issue approval for Review and make recommendations to the Planning Director concerning minor residential and commercial exterior alterations not covered under the architecture and site approval process or the minor residential development permit, for designated properties with a LHP overlay zone pursuant to subsection 29.20.485.

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Ordinance March 19, 2024
(4) Upon request of the Planning Director, review pending or proposed building permits dealing with historic structures when it is questionable that the work proposed meets the guidelines for pre-1941 structures.
(5) May, on request of the property owner, advise with respect to any proposed work requiring or not requiring a Town permit on any historic structure, a designated landmark site or in a designated historic district. Examples of the work referred to are additions, demolitions, painting and repainting of exterior surfaces, roofing, fencing, landscaping, glazing, and installation of lighting fixtures. In advising, the Historic Preservation Committee shall be guided by the purposes and standards specified in this division and other applicable ordinances and/or development standards. This subsection does not impose regulations or controls on any property. (6) Review and make recommendations to the Planning Director on requests for removal of a pre-1941 property from the Historic Resources Inventory.

SECTION IX. Severability.

SECTION X. CEQA.

Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).

SECTION XI. Consistency with General Plan.

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ITEM NO. 10.
9 of 9
Ordinance March 19, 2024
SECTION XIII. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 19th day of March 2024, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the __ day of _____ 2024, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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ITEM NO. 10.

Resolution 2024-____ February 14, 2024
RESOLUTION 2024-____

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

AMENDING THE ENABLING RESOLUTION OF THE

WHEREAS, the Town Council of the Town of Los Gatos hereby amends the qualifications of members and the duties of the Historic Preservation Committee.

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ITEM NO. 10.

BE IT FURTHER RESOLVED that this Resolution rescinds Resolution 2021-043.

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ITEM NO. 10.

Resolution 2024-____ February 14, 2024
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19th day of March 2024, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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ITEM NO. 10.

LOS GATOS PLANNING COMMISSION 2/14/2024, Item #3,
Amendments to Town Code re: HPC
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A P P E A R A N C E S:

Los Gatos Planning
Commissioners:

Steve Raspe, Chair
Emily Thomas, Vice Chair
Susan Burnett
Melanie Hanssen
Kathryn Janoff
Adam Mayer
Town Manager: Laurel Prevetti
Community Development
Director:

Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 5

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ITEM NO. 10.

LOS GATOS PLANNING COMMISSION 2/14/2024, Item #3,
Amendments to Town Code re: HPC
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P R O C E E D I N G S:

CHAIR RASPE: Let us move to Item #3 in the public
portion of our hearing tonight regarding a recommendation to the Town Council on amendments to Chapter 29 of the Town Code regarding the powers and duties of the Historic
Preservation Committee. Proposed amendments also include revisions to Chapter 9 regarding the assignment of duties of the Planning Director and appeals of decisions of the Historic Preservation Committee. Ms. Armer, do we have a report?
JENNIFER ARMER: Thank you. Good evening, again.

The item in front of you is consideration of the changes of the powers and duties of the Historic Preservation
Committee, also known as the HPC, to ensure that they are an advisory body consistent with Town Code Section

29.80.225.

These modifications are important because
Government Code Section 1099 codifies the common law
incompatible offices doctrine, which prohibits individuals from serving on both an initial decision-making legislative body and a legislative body with the ability to review
those decisions.

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ITEM NO. 10.

LOS GATOS PLANNING COMMISSION 2/14/2024, Item #3,
Amendments to Town Code re: HPC
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Town Council requested your recommendation on
these amendments on January 16th. Town Council did not
support removing Planning Commissioners from HPC, but
directed Staff to prepare amendments to ensure that HPC was just a recommending body either to the Director or to the Planning Commission.

This concludes Staff’s presentation, but we would
be happy to answer any questions.

CHAIR RASPE: Thank you for that report.

Commissioners, any questions for Staff on this matter?
Commissioner Hanssen.

COMMISSIONER HANSSEN: The judicial duties that
the HPC had formally done will now be going to Staff?
JENNIFER ARMER: Correct. The recommendation then
would be forwarded to Staff and the Director would most likely be making a decision the following day if it were one of those that were made by HPC. Many of the items
considered by HPC are already recommendations either to the Director as part of, say, a Building Permit, or to the
Planning Commission.

COMMISSIONER HANSSEN: So if it came to the HPC
in the new version they would be discussing it and holding a hearing, but only making a recommendation?

Page 183 ends

ITEM NO. 10.

LOS GATOS PLANNING COMMISSION 2/14/2024, Item #3,
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JENNIFER ARMER: Correct. They would still make a
motion and vote, but it would be a recommendation. As with the two items before the Planning Commission tonight, they are a recommendation to a future deciding body.

COMMISSIONER HANSSEN: That makes sense.

CHAIR RASPE: Commissioner Burnett.

COMMISSIONER BURNETT: Thank you. Question for
Staff. Since now clearly the Historic Preservation
Committee will be advisory only, if you sit on the Historic Preservation Committee and you also are a member of the Planning Commission, and an appeal comes to the Planning Commission that originated from a decision by the Planning Director after a vote of the Historic Preservation
Committee members, would you be able to vote as a Planning Commissioner in that scenario?
ATTORNEY WHELAN: Yes. Another option that Staff
presented to the Town Council was that Planning
Commissioners recuse themselves, to keep the Historic
Preservation Committee as a decision-making body and then to ask those members to recuse themselves when sitting as Planning Commissioners, and the Town Council preferred the option that is before you tonight where Planning
Commissioners will not need to recuse themselves if they

Page 184 ends

ITEM NO. 10.

LOS GATOS PLANNING COMMISSION 2/14/2024, Item #3,
Amendments to Town Code re: HPC
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serve on the Historic Preservation Committee, because
they’ll be an advisory body.

COMMISSIONER BURNETT: Thank you for that
clarity.

CHAIR RASPE: Thank you Commissioner Janoff.

COMMISSIONER JANOFF: Thank you. I noted in the
ordinance it states that the HPC will be providing a report to the Planning Commission should it be an item that goes to the Planning Commission. In the past we’ve had the HPC’s decision as well as the minutes. Will we be privy to the minutes of the discussion from the Historic Preservation Committee as we have in the past?
JENNIFER ARMER: As previously, Staff would
provide information about the recommendation of the HPC as part of any Staff Report prepared for the Planning
Commission.

COMMISSIONER JANOFF: It strikes me that this is
really a technicality more than anything, because we have essentially a recommendation, which by the old rules would probably be a vote in favor of, so it strikes me that not much has changed except that it is just a recommendation.

Is that fair to say?

Page 185 ends

ITEM NO. 10.

LOS GATOS PLANNING COMMISSION 2/14/2024, Item #3,
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ATTORNEY WHELAN: I think that’s accurate, and I
think the goal of it is to insulate Planning Commission decisions from potential challenges.

CHAIR RASPE: Thank you. Commissioners, any
further questions? Seeing none, again, seeing no members of the public in person, Mr. Paulson, are there any members of the public on Zoom who wish to be heard on Item #3?
JOEL PAULSON: Thank you, Chair. Let’s give it a
couple of seconds. I don’t see any hands raised currently.

No hands are raised.

CHAIR RASPE: Thank you. With that being said,
I’ll close the public portion of the hearing on Item #3 and invite my fellow commissioners to make comments, ask
questions, and if appropriate make a motion on the matter before the Commission. Vice Chair Thomas.

VICE CHAIR THOMAS: I just want to say that I
really appreciate the work that the HPC does. As a Planning Commissioner that area is not one of my strengths, so the work that my fellow commissioners do on that committee is really helpful; however, I do think that this just clears things up and clarifies things, and the recusal line seems like it would have been viable, however, if this is what Town Council is recommending and that’s the direction they

Page 186 ends

ITEM NO. 10.

LOS GATOS PLANNING COMMISSION 2/14/2024, Item #3,
Amendments to Town Code re: HPC
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want to go, I’m in support of this recommendation to the Town Council. Thank you.

CHAIR RASPE: Thank you. Commissioner Hanssen.

COMMISSIONER HANSSEN: I agree with the Vice
Chair in terms of the importance of having the feedback from the Historic Preservation Committee should it come to the Planning Commission, however, I have seen in my time on the Planning Commission where it can appear as a conflict of interest when there is the Planning Commissioner sitting on the HPC voting one way, and then even if they had
recused themselves at the Planning Commission it seems to me like a conflict of interest that should be corrected, and it’s a fine line difference. We still get the same
information coming out, but at least there isn’t that
perhaps legal conflict of interest.

CHAIR RASPE: Thank you so much. I’ll just go on
record and say and I’ve served on HPC for I believe almost four years, and as the Vice Chair indicated I think it’s a valuable committee for this town. Clearly the preservation of historic structures is one of the things that makes Los Gatos what it is, and so to the extent that that committee has served as a viable service for that function, I support it.

Page 187 ends

ITEM NO. 10.

LOS GATOS PLANNING COMMISSION 2/14/2024, Item #3,
Amendments to Town Code re: HPC
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I also support the inclusion of a Planning
Commissioner on the HPC. I think it’s nice to be able to serve in both those dual capacities. I thought recusal was a potential remedy to this, but as noted, Town Council
favors this remedy and I think this one serves the purpose it is intended to, which is getting rid of a conflict that may have existed before, and so I would support forwarding this recommendation to Town Council.

Do I have a Commissioner who wishes to make such
a motion? If not, I’d be more than happy to. Commissioner Hanssen.

COMMISSIONER HANSSEN: I move that we forward a
recommendation to the Town Council on amendments to Chapter 29, Zoning Regulations, regarding the powers and duties of the Historic Preservation Committee. This has no impact on CEQA, it is Town Code Amendment A-24-001, and there are no exhibits, so that’s my motion.

CHAIR RASPE: Actually, there is a draft
ordinance.

COMMISSIONER HANSSEN: Including the draft
ordinance in Attachments 1 and 2.

JENNIFER ARMER: Just for clarification, Exhibit
2 is the Draft Enabling Resolution.

COMMISSIONER HANSSEN: Yes, that.

Page 188 ends

ITEM NO. 10.

LOS GATOS PLANNING COMMISSION 2/14/2024, Item #3,
Amendments to Town Code re: HPC
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CHAIR RASPE: Thank you. Do I have a second on
that motion? Commissioner Janoff.

COMMISSIONER JANOFF: I’ll second the motion.

CHAIR RASPE: Thank you. I have a motion and
second. Do I have any questions or comments from my
Commissioners? Seeing none, I’ll put it to a vote by show of hands. All those in favor of the motion before the
Commission? The motion carries unanimously.

Ms. Armer, I believe since this is a
recommendation, there are no appeal rights, correct?
JENNIFER ARMER: Correct.

CHAIR RASPE: Thank you so much.
(END)

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ITEM NO. 10.

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ITEM NO. 10.

PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 02/14/2024
ITEM NO: 3
DATE: February 9, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding the Powers and Duties of the Historic Preservation Committee. The Proposed Amendments also include Revisions to Chapter 29 Regarding Assignment of Duties of the Planning Director and Appeals of Decisions of the Historic Preservation Committee. The Proposed Amendments to the Town Code are Not Considered a Project Under Section 15378 of the California Environmental Quality Act. Town Code Amendment Application A-24-001. Project Location: Town Wide. Applicant:

Town of Los Gatos.

RECOMMENDATION:

Forward a recommendation to the Town Council on amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding powers and duties of the Historic Preservation Committee. The proposed amendments also include revisions to Chapter 29 regarding assignment of duties of the Planning Director and appeals of decisions of the Historic Preservation Committee.

CEQA:

The proposed amendments to the Town Code are not considered a project under Section 15378 of the California Environmental Quality Act.

FINDINGS:
▪ The proposed amendments are Exempt Pursuant to CEQA, Section 15061(b)(3); and ▪ The amendments to Chapter 29 of the Town Code are consistent with the General Plan.

ATTACHMENT 6

Page 191 ends

ITEM NO. 10.

PAGE 2 of 6
SUBJECT: Historic Preservation Committee Ordinance Amendments DATE: February 9, 2024
BACKGROUND:

Section 29.80.225 of the Town Code provides that the Historic Preservation Committee acts as an advisory body to the Planning Commission on all matters pertaining to historic preservation.

Additionally, this Section requires that two Planning Commissioners are to be appointed to serve on the Committee alongside three members of the public appointed by the Town Council.

Town Code Section 29.80.227 provides that the Committee’s powers and duties consist of the following:
1) Regularly review and make recommendations to the Planning Commission concerning the determination of all matters pertaining to historic preservation which come before the Planning Commission.
2) Review and make recommendations to the Planning Director concerning the determination of a minor residential development permit for properties with a Landmark and Historic Preservation (LHP) overlay zone or structures which were built prior to 1941. 3) Determine and issue approval for minor residential and commercial exterior alterations not covered under the architecture and site approval process or the minor residential development permit, for designated properties with a LHP overlay zone pursuant to subsection 29.20.485.
4) Upon request of the Planning Director, review pending or proposed building permits dealing with historic structures when it is questionable that the work proposed meets the guidelines for pre-1941 structures.
5) May, on request of the property owner, advise with respect to any proposed work requiring or not requiring a Town permit on any historic structure, a designated landmark site, or in a designated historic district. Examples of the work referred to are additions, demolitions, painting and repainting of exterior surfaces, roofing, fencing, landscaping, glazing, and installation of lighting fixtures. In advising, the Historic Preservation Committee shall be guided by the purposes and standards specified in this division and other applicable ordinances and/or development standards. This subsection does not impose regulations or controls on any property.

While most of the powers and duties are advisory only, Subsection (3) does provide that the Committee renders decisions regarding some minor residential and commercial exterior alterations. By practice, the Committee also makes determinations on requests to remove pre1941 properties from the Historic Resources Inventory. In accordance with Town Code Section

29.20.258, these decisions and determinations are appealable to the Planning Commission.

Such appeals are rare. In 2023, there were two appeals of Committee decisions to the Planning Commission.

Page 192 ends

ITEM NO. 10.

PAGE 3 of 6
SUBJECT: Historic Preservation Committee Ordinance Amendments DATE: February 9, 2024
BACKGROUND (continued):

Government Code Section 1099 codifies the common law “incompatible offices” doctrine and prohibits individuals from serving on both an initial decision-making legislative body and a legislative body with the ability to review those decisions. Government Code Section 1099 applies only to decision-making bodies and does not apply when one of the legislative bodies is advisory in nature.

In addition, Procedural Due Process principles require that applicants for quasi-adjudicatory planning approvals receive “notice and a fair hearing.” Quasi-adjudicatory decisions are those that require a decision-maker to apply the law to facts and make findings. A “fair hearing” requires unbiased decision-makers [Clark v. City of Hermosa Beach, 48 Cal.App.4th 1152 (1996)].

A challenge could arise for Planning Commissioners when hearing an appeal of a decision in which they initially participated or for which they made a recommendation and appear unbiased. To provide a “fair hearing” when an appeal is filed, the best practice is that any decision-maker who participated in the original decision recuse themselves from the appeal of that decision.

On January 16, 2024, the Town Council considered a request for direction on potential amendments to the Historic Preservation Committee Ordinance and enabling resolution to address the challenges that can arise when a decision by the Committee is appealed to the Planning Commission. After considering multiple options, the Council directed staff to prepare amendments to the Town Code and Enabling Resolution to provide that the Committee is advisory in nature.

DISCUSSION:

The following changes to the Town Code are necessary to provide that the Committee is advisory in nature:

A. ARTICLE II, DIVISION 7. POST-APPROVAL ACTIONS
Section 29.20.255. Appeals from the decision by the Planning Director.

A new Subsection (6) would be added to provide that the determinations of the Director on matters of historic preservation are appealable to the Planning Commission.

Section 29.20.258. Appeals from decisions of the Historic Preservation Committee.

Consistent with Council direction and Section 29.80.225 of the Town Code, these amendments will provide that the Committee is advisory in nature, making recommendations on matters of historic preservation to the Planning

Page 193 ends

ITEM NO. 10.

PAGE 4 of 6
SUBJECT: Historic Preservation Committee Ordinance Amendments DATE: February 9, 2024
DISCUSSION (continued):

Director and the Planning Commission. These recommendations of the Committee are not subject to appeal. Therefore, Section 29.20.258 which sets forth the process to appeal a decision of the Committee, is not needed and would be removed from the Town Code. The decisions of the Planning Director and the Planning Commission on matters of historic preservation will continue to be subject to appeal.

B. ARTICLE II, DIVISION 7. ASSIGNMENT OF DUTIES
Section 29.20.700. Planning Director.

A new Subsection (35) would be added to provide that the Planning Director determines matters pertaining to historic preservation described in Section 29.80.227 that are not assigned to the Planning Commission.

Section 29.20.750. Planning Commission.

A new Subsection (25) would be added to provide that the Planning Commission determines matters pertaining to historic preservation described in Section 29.80.227 that are not assigned to the Planning Director.

C. ARTICLE VIII, DIVISION 3. HISTORIC PRESERVATION AND LHP OR LANDMARK AND HISTORIC

PRESERVATION OVERLAY ZONE
Section 29.80.220. Powers and duties of the Planning Commission.

Subsection (5) would be revised to state that the Planning Commission shall seek and consider a recommendation from the Committee, rather than seek and consider a report.

Section 29.80.222. Powers and duties of the Planning Director.

This Section would be added to provide that, upon recommendation from the Committee, the Planning Director determines matters pertaining to historic preservation not assigned to the Planning Commission.

Section 29.80.225. Historic Preservation Committee.

Subsection (a) would be revised to note that the Committee is an advisory body to both the Planning Commission and Planning Director, reflecting the powers and duties of the Committee as detailed below.

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ITEM NO. 10.

PAGE 5 of 6
SUBJECT: Historic Preservation Committee Ordinance Amendments DATE: February 9, 2024
DISCUSSION (continued):

Section 29.80.227. Powers and duties of the Historic Preservation Committee. • Revise Subsection (3) to provide that the Committee review and make recommendations to the Planning Director on minor residential and commercial exterior alterations not covered under the architecture and site approval process or the minor residential development permit, for designated properties with a LHP overlay zone pursuant to subsection 29.20.485; and
• Add a new Subsection (6) to provide that the Committee review and make recommendations to the Planning Director on requests for removal of a pre-1941 property from the Historic Resources Inventory.

D. Historic Preservation Committee Enabling Resolution
The initial enabling resolution for the Committee was adopted by the Council in 1988, describing the Committee as advisory to the Planning Commission and establishing a framework for Committee membership and operations consistent with the Town Code.

This resolution was amended in 1995, 2010, 2011, and 2021. To reflect the proposed amendments to the Town Code concerning the Committee described above, a draft Enabling Resolution showing additional language underlined is included as Attachment 3.

PUBLIC COMMENTS:

Staff conducted outreach through the following media and social media resources, as well as direct communication with stakeholders as summarized below:
• The Town’s website home page, What’s New;
• The Town’s Facebook page;
• The Town’s Twitter account;
• The Town’s Instagram account; and
• The Town’s NextDoor page.

CEQA DETERMINATION:

The proposed amendments to the Town Code are not considered a project under Section 15378 of the California Environmental Quality Act.

CONCLUSION:

A. Summary
The Draft Ordinance will provide that the Historic Preservation Committee is an advisory

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ITEM NO. 10.

PAGE 6 of 6
SUBJECT: Historic Preservation Committee Ordinance Amendments DATE: February 9, 2024
CONCLUSION (continued):
body to the Planning Commission and the Planning Director. As an advisory body, the Committee’s recommendations are not subject to appeal; however, the decisions of the Planning Commission and Planning Director are appealable. The Draft Enabling Resolution reflects the changes proposed in the Draft Ordinance.

B. Recommendation
Staff recommends that the Planning Commission review the information included in the staff report and forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in the Draft Ordinance Amendments (Exhibit 1) and the Draft Enabling Resolution (Exhibit 2). The Planning Commission should also include any comments or recommended changes to the Draft Ordinance and Draft Enabling Resolution in taking the following actions:

1. Make the finding that the Proposed Amendments to the Town Code are not considered a project under Section 15378 of the California Environmental Quality Act (Exhibit 1);

2. Make the required finding that the amendments to Chapter 29 of the Town Code in the Draft Ordinance are consistent with the General Plan (Exhibit 1); and

3. Forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in the Draft Ordinance (Exhibit 1) and approval of the Draft Enabling Resolution (Exhibit 2).

C. Alternatives
Alternatively, the Commission can:

1. Forward a recommendation to the Town Council for approval of the Draft Ordinance and/or the Draft Enabling Resolution with modifications; or

2. Forward a recommendation to the Town Council for no changes to the Town Code and/or the Draft Enabling Resolution; or

3. Continue the matter to a date certain with specific direction.

EXHIBITS:

1. Draft Ordinance Amendments

2. Draft Enabling Resolution

Page 196 ends

ITEM NO. 10.

PREPARED BY: Marina Chislett
Environmental Programs Specialist
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 3/19/2024
DATE: March 14, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduce an Ordinance titled, “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 1, Article III, ‘Administrative Citations,’ Chapter 11, ‘Garbage, Refuse, and Weeds,’ and Chapter 16, ‘Noise’ of the Town Code”
RECOMMENDATION:

Introduce an Ordinance titled, “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 1, Article III, ‘Administrative Citations,’ Chapter 11, ’Garbage, Refuse, and Weeds,’ and Chapter 16, ’Noise’ of the Town Code.”
BACKGROUND:

In September 2016, Governor Jerry Brown signed into law Senate Bill 1383 (SB 1383) with regulations finalized in November 2020. The purpose of this bill is to establish methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP).

While SB 1383 addresses a number of issues related to organics recycling, it also requires jurisdictions to have a mechanism to enforce a 65% recovery rate on construction and demolition (C&D) debris. All projects that require a local construction permit must divert at least 65% of their C&D away from landfills.

At the December 5, 2022 West Valley Solid Waste Management Authority (the Authority) Board Meeting, the Board directed the Authority to establish a non-exclusive system for collecting and recycling Construction and Demolition (C&D) debris, to become effective on March 1, 2024.

Page 197 ends

ITEM NO. 11.

PAGE 2 OF 3
SUBJECT: Introduce an Ordinance by Title Only, Amending Town Code Provisions Related to Construction and Demolition Debris, Organic Waste, and Waste Collection – Town Code Chapter 1 Article III, “Administrative Citations,” Chapter 11, “Garbage, Refuse, and Weeds,” and Chapter 16, “Noise”
DATE: March 14, 2024
BACKGROUND (continued):

The Authority presented the Board with a recommendation to manage C&D materials in an effective way that allows for competition, improved service, compliance with SB 1383, and more accurate reporting. The Board accepted the recommendation and directed the Authority staff to develop regulatory documents and criteria for selecting C&D collection contractors and certified C&D processing facilities.

In reviewing the existing Town Code to make the Authority’s recommended changes, staff noticed that Town Code sections addressing administrative citations and noise limits for collection vehicles needed to be updated as well.

DISCUSSION:

Town staff worked closely with Authority staff develop the proposed updates to the Town Code. The updates provide for a non-exclusive construction and demolition debris removal process and correct inaccuracies regarding enforcement penalty amounts for non-compliance and redundancies. Changes are proposed to Chapter 1, Article III, “Administrative Citations,” Chapter 11, “Garbage, Refuse, and Weeds,” and Chapter 16, “Noise.” Below are summaries of the proposed changes. A redline showing the proposed change is attached as Attachment 1 and the clean ordinance for introduction is contained in Attachment 2.

CONCLUSION:

Staff recommends that the Town Council introduce an Ordinance titled, “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 1, Article III, ‘Administrative Citations,’ Chapter 11, ‘Garbage, Refuse, and Weeds,’ and Chapter 16, ‘Noise’” of the Town Code Amending Town Code Provisions Related to Construction and Demolition Debris, Organic Waste, and Waste Collection.

FISCAL IMPACT:

This is no fiscal impact for this item.

ENVIRONMENTAL ASSESSMENT:

This Ordinance is not a project defined under CEQA.

Page 198 ends

ITEM NO. 11.

PAGE 3 OF 3
SUBJECT: Introduce an Ordinance by Title Only, Amending Town Code Provisions Related to Construction and Demolition Debris, Organic Waste, and Waste Collection – Town Code Chapter 1 Article III, “Administrative Citations,” Chapter 11, “Garbage, Refuse, and Weeds,” and Chapter 16, “Noise”
DATE: March 14, 2024
Attachments:

1. Draft Organic Waste Ordinance Redline

2. Organic Waste Ordinance

Page 199 ends

ITEM NO. 11.
- CODE
Chapter Chapter 1 GENERAL PROVISIONS
Los Gatos, California, Code of Ordinances Created: 2023-08-21 16:15:56 [EST] (Supp. No. 92)

Page 1 of 42 ends

Chapter 1 GENERAL PROVISIONS
ARTICLE III. ADMINISTRATIVE CITATIONS1
Sec. 1.30.010. Applicability.

Sections 1.30.010 through 1.30.070 herein provide for administrative citations which are in addition to all other civil legal remedies and which are an alternative to any criminal legal remedies, which may be pursued by the Town to address any violation of this Code except for violations of Chapter 15 (Motor Vehicles and Traffic). (Ord. No. 2127, § II, 3-1-04)
Sec. 1.30.015. Definitions.

For purpose of this article, the following definitions shall apply:

Enforcement officer shall mean any Town employee or agent of the Town with the authority to enforce any provision of this Code, including, but not limited to, the Town Manager, Town Attorney, Director of Community Development, Director of Parks and Public Works and any police officer and code enforcement officer.

Hearing Officer shall mean any person designated by the Town Manager to hear appeals of administrative citations and to hear administrative compliance hearings. The Hearing Officer shall not be the citing Enforcement Officer. The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative citation penalties upheld by the Hearing Officer.
(Ord. No. 2127, § II, 3-1-04)
Sec. 1.30.020. Administrative citation.
(a) Whenever an Enforcement Officer charged with the enforcement of this Code determines that a violation of that provision has occurred, the Enforcement Officer shall have the authority to issue an administrative citation to any person responsible for the violation.
(b) Each administrative citation shall contain the following information:
(1) The date of the violation;
(2) The address or a definite description of the location where the violation occurred; (3) The Section of this code violated and a description of the violation; 1Editor's note(s)—Ord. No.2127, § II, supplied provisions to be added to the Code as Article II, Administrative Citations. In order to preserve the style of the Code, and at the editor's discretion, these provisions have been set out as Article III, Administrative Citations, to read as herein set out.

ATTACHMENT 1

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(4) The amount of the penalty for the code violation;
(5) A description of the penalty payment process, including a description of the time within which and the place to which the penalty shall be paid;
(6) An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
(7) A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and, (8) The name and signature of the citing Enforcement Officer. (c) Prior to the issuance of an administrative citation for a violation which pertains to building, plumbing, electrical, or similar structural or zoning matters that do not create an immediate danger to health or safety, the Enforcement Officer shall provide a reasonable period of time not less than five (5) business days to correct or otherwise remedy the violation.
(Ord. No. 2127, § II, 3-1-04)
Sec. 1.30.025. Amount of penalties.
(a) The amounts of the amounts of the penalties for code violations imposed pursuant to this article shall be set forth in the schedule of penalties established by resolution by by the Town Council. (b) The schedule of penalties shall specify any increased penalties for repeat violations of the same code provision within thirty-six (36) months from the date of an administrative citation. (c) The schedule of penalties shall specify the amount of any late payment charges imposed for the payment of a penalty after its due date.
(Ord. No. 2127, § II, 3-1-04)
Sec. 1.30.030. Payment of penalty.
(a) The penalty shall be paid to the Town within thirty (30) days from the date of the administrative citation. (b) Payment of a penalty shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. (Ord. No. 2127, § II, 3-1-04)
Sec. 1.30.035. Hearing request.
(a) Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the Town within thirty (30) days from the date of the administrative citation, together with an advance deposit of the total penalty amount or an advance deposit hardship waiver application form as described in Section 1.30.0705.
(b) A request for hearing form may be obtained from the department specified on the administrative citation. (c) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.

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(d) If the Enforcement Officer submits an additional written report concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing. (Ord. No. 2127, § II, 3-1-04)
Sec. 1.30.040. Hearing procedure.
(a) No hearing to contest an administrative citation before a Hearing Officer shall be held unless the penalty has been deposited in advance in accordance with Section 1.30.035(a) or an advance deposit hardship waiver has been filed with and accepted by the Town pursuant to Section 1.30.070. (b) A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this article.
(c) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation. (d) The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the penalty and a failure to exhaust the recipient's administrative remedies. (e) The administrative citation and any additional report submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents. (f) The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the citation prior to issuing a written decision. (Ord. No. 2127, § II, 3-1-04; Ord. No. 2320 , § III, 9-7-21) Sec. 1.30.045. Hearing Officer's decision.
(a) After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and shall list the reasons for that decision.

The decision of the Hearing Officer shall be final.
(b) If the Hearing Officer determines that the administrative citation should be upheld, the Hearing Officer shall impose a penalty not to exceed the maximum provided in the schedule of administrative penalties adopted by the Town Council resolution in effect on the date when the violation occurred. The Town shall retain the penalty amount on deposit with the Town. If the Hearing Officer determines that the administrative citation should be upheld and the penalty was not deposited pursuant to a waiver under Section 1.30.075, the Hearing Officer shall set forth in the decision an order for payment of the penalty and a payment schedule for the penalty.
(c) The Hearing Officer may assess administrative costs against the violator when the Hearing Officer determines that a violation has occurred and that compliance was not achieved. Administrative costs may include any and all costs incurred by the Town (both direct and indirect costs) in investigating and commencing administrative proceedings for the violation as well as any and all costs incurred by the Town in connection with the hearing before the Hearing Officer, including but not limited to costs the Enforcement Officer incurred in preparation for the hearing and for participating in the hearing itself, and costs of the Town to conduct the hearing.
(d) Failure to pay administrative penalties and administrative costs in the amounts specified in the administrative Hearing Officer's decision on or before the date specified in that decision shall constitute a

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violation of this code punishable as a misdemeanor and shall further be subject to collection and late charges as otherwise provided for administrative penalties herein. (e) If the Hearing Officer determines that the administrative citation should be cancelled, the Town shall promptly refund the amount of the deposited penalty.
(f) The recipient of the administrative citation shall be served with a copy of the Hearing Officer's written decision.
(Ord. No. 2127, § II, 3-1-04; Ord. No. 2320 , § III, 9-7-21) Sec. 1.30.050. Late payment charges.

Any person who fails to pay to the Town any penalty imposed pursuant to the provisions of this article on or before the date that penalty is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of penalties.
(Ord. No. 2127, § II, 3-1-04)
Sec. 1.30.055. Recovery of administrative citation penalties and collection costs.

The Town may collect any past due administrative citation penalty, late payment charge and costs of collection by use of any and all available legal means. (Ord. No. 2127, § II, 3-1-04)
Sec. 1.30.060. Right to judicial review.

Any person aggrieved by an administrative decision of the Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Superior Court in Santa Clara County in accordance with the time lines and provisions set forth in California Government Code Section 53069.4. (Ord. No. 2127, § II, 3-1-04)
Sec. 1.30.065. Notices.

Whenever a notice is required to be given under this article, unless different provisions are otherwise specifically made, such notice may be given either by personal delivery to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at the lastknown business or residence address as the same appears in the last equalized county assessment roll or to the records pertaining to the matter to which such notice is directed. Service by mail shall be deemed completed at the time of deposit in the United States mail receptacle is made. Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder. (Ord. No. 2127, § II, 3-1-04)
Sec. 1.30.070. Advance deposit hardship waiver.
(a) Any person who intends to request a hearing to contest an administrative citation, and who is financially unable to make the advance deposit of the penalty as required in Section 1.30.035(a), may file a request for

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an advance deposit hardship waiver which shall include a sworn affidavit as described in subsection (c) below.
(b) The request shall be filed, along with the request for hearing form, with the Town Attorney's Office on an advance deposit hardship waiver application form, available from the Town Clerk's office, within thirty (30) days of the date of the administrative citation.
(c) The Town may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the Town a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the Town Manager the person's actual financial inability to deposit with the Town the full amount of the penalty in advance of the hearing. In determining the cited party's financial ability or inability to deposit the full amount of the penalty in advance, the Town Manager shall consider the amount of the penalty imposed, the income of the cited party, the expenses of the cited party, and any other factors that are reasonably related to the cited party's ability to deposit the full amount. (d) The requirement of depositing the full amount of the penalty as described in Section 1.30.035(a) shall be stayed unless or until the Town makes a full determination not to issue the advance deposit hardship waiver. (e) If the Town makes a determination to deny the advance deposit hardship waiver application, a written determination listing the reasons for said denial shall be issued. The written determination to deny the waiver shall be final.
(f) The written determination of the Town's denial of the advance deposit hardship waiver shall be served by mail upon the person who applied for the waiver.
(Ord. No. 2127, § II, 3-1-04)
Chapter 11 GARBAGE, REFUSEDISCARDED MATERIALS, CONSTRUCTION AND DEMOLITION&D DEBRIS, EXCLUDED WASTE, AND WEEDS2
ARTICLE I. IN GENERAL
Section 11.10.010 Definitions.

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Approved Construction and Demolition Processing Facility means any of the facilities, used to process construction and demolition debris, that have been approved by the regionalRegional agency. 2Cross reference(s)—Animals and fowl, Ch. 4; buildings and building regulations, Ch. 6; fire protection, Ch. 9; food and food establishments, Ch. 10; health and sanitation, Ch. 13; licenses and miscellaneous business regulations, Ch. 14; nuisances, Ch. 17; planning, Ch. 20; sewers and sewage disposal, Ch. 22; streets and sidewalks, Ch. 23; removal of material and refuse upon completion of construction of sidewalks, driveways, curbs and gutters, § 23.40.035; subdivision regulations, Ch. 24; utilities, Ch. 27; zoning regulations, Ch. 29.

State law reference(s)—Garbage and refuse disposal generally, Health and Safety Code § 4100 et seq.; authority to contract for collection and removal of garbage, etc., § 4250.

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California Code of Regulations or CCR means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

CalRecycle means the California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations with regard to cities, counties, special districts, and other regulated entities.

Commercial edible food generator includes a Tier one or a Ttier two commercial edible food generator as defined in of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

Community composting means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

Compliance review means a review of records by the Town to determine compliance with this Article.

Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

Compostable plastic means plastic materials that meet the ASTM D6400 standard for compostabilitycomposability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

Container(s) mean bins, carts, and roll-off boxes.

Container contamination or contaminated container means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

County means the County of Santa Clara, California.

County agency enforcement official means an authorized designee of the County of Santa Clara in the Public Health Department or other departments who is/are partially or whole responsible for enforcing this Chapter.

Customer means the person who receives the collection contractor’s services and to whom the contractor/Town submits its billing invoice to and collects payment from for collection services provided to a premises. The customer may be either the occupant, owner, or designated responsible party by the owner of the premises, as allowed by the Town Code.

Construction and demolition debris or C&D debris means discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded materials and universal waste. C&D debris includes rocks, soils, tree remains, and other yard trimmings that result from land clearing or land development operations in preparation for construction.

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C&D hauler means the collection contractor that has been granted the exclusive or non-exclusive rights to collect C&D debris in the Town through the agreement entered into by the collection contractor and the Regional Agency.

Covered project means and includes any project that meets the thresholds set forth in Section 11.60.010.

Dead animals means those animals that die naturally, from disease, or are accidentally killed, but shall not mean condemned animals or parts of animals from slaughterhouses or similar places.

Designee means an entity that the Town contracts with or otherwise arranges to carry out any of the Town's responsibilities pursuant to this Chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

Discarded materials means recyclable materials, organic materials, and solid waste discarded by a generator for the purpose of collection and/or self-hauling, excluding excluded waste.

Disposal or dispose (or any variation thereof) means the final disposition of solid waste, or processing residue at a disposal facility.

Dwelling unit means any individual living unit in a single-family dwelling, multi-family dwelling, structure or building, mobile home, or motor home located on a permanent site intended for, or capable of being utilized for, residential living other than a hotel or motel.

Edible food means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18).

For the purposes of this chapter Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

Enforcement action means an action of the Town or regionalRegional agency to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Enforcement entity means an appointed designee for the enforcement of this Chapter. A designee may be the Town enforcement official, regionalRegional agency's enforcement official, county enforcement official, other designee, or a combination or those entities.

Excluded waste means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the Town and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in Town’s, its designee's, or regionalRegional agency's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the Town, its designee, or regionalRegional agency's to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, and household batteries when such materials are defined as allowable materials for collection through the Town’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Town, regionalRegional agency, or exclusive hauler for collection services.

Exclusive hauler means the collection contractor that has been granted the exclusive rights to collect recyclable materials, organic materials, and solid waste, in the Town through the agreement entered into by the collection contractor and the regionalRegional agency.

Food distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

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Food facility has the same meaning as in Section 113789 of the Health and Safety Code.

Food recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

Food recovery organization means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities. "Food recovery organization" includes, but is not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and, (3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this chapter Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Cchapter.

Food recovery service means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator.

Food scraps means those discarded materials that will decompose and/or putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) discarded paper (including paper containers and cartons) that is contaminated with food scraps and compostables; (iv) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (v) vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of rResidential dwellings. Food scraps are a subset of food waste. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

Food service provider means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

Food-soiled paper is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. Food-soiled paper is a subset of food waste.

Food waste includes food scraps and food-soiled paper, and includes compostable plastics, unless Town, its designee, regionalRegional agency, or exclusive hauler excludes compostable plastics in the organic materials containers. Food waste is a subset of organic materials.

Generator means any person whose act first causes discarded materials to become subject to regulation under this chapter Chapter of the Town code or under federal, State, or local laws or regulations.

Green waste means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees (not more than three (3) inches in diameter), garden and tree fruits and vegetables, and similar materials generated and Source sSeparated from other materials at the Premises.

Grocery store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

Hauler route means the designated itinerary or sequence of stops for each segment of the Town's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

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Health Facility has the same meaning as in Section 1250 of the Health and Safety Code.

High diversion organic waste processing facility means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

Hotel has the same meaning as in Section 17210 of the Business and Professions Code.

Inspection means a site visit where a Town, its designee, or regionalRegional agency reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this Cchapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

Large event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

Large venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one lLarge vVenue that is contiguous with other large venues in the site, is a single large venue.

If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Cchapter.

Local education agency means a school district, charter school, or county office of education that is not subject to the control of Town or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

Multi-family residential dwelling or multi-family means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. Residential premises with fewer than five (5) dwelling units shall be considered single-family.

MWELO refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

Non-compostable paper includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

Non-local entity means an entity that is an organic waste generator but is not subject to the control of a jurisdiction's regulations related to solid waste. These entities may include, but are not limited to, special districts, federal facilities, prisons, facilities operated by the state parks system, public universities, including community colleges, county fairgrounds, and state agencies.

Notice of violation (NOV) means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

Occupant means the person who occupies a premises.

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Organic materials means green waste, food waste, lumber, and wood waste.

Organic materials container has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated organic materials.

Organic waste means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, green waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

Organic waste generator means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

Overage means discarded materials exceeding the container's intended capacity such that the container’s lid is lifted by at least one (1) inch (or would be lifted by at least one (1) inch if there was a lid); or, (ii) discarded materials placed on top of or in the immediate vicinity of the container, excluding allowed cardboard.

Owner means the person(s) holding legal title to real property and/or any improvements thereon and shall include the person(s) listed on the latest equalized assessment roll of the county assessor, or as otherwise defined in 14 CCR Section 18982(a)(57).

Paper products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

Premises means any land or building in the Town where recyclable materials, organic materials, solid waste, or C&D debris are generated or accumulated.

Printing and writing papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

Process or processing (or any variation thereof) means the controlled separation, recovery, volume reduction, conversion, or recycling of source separated recyclable materials or source separated organic materials including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).

Prohibited container contaminants means the following: (i) discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the Town's recyclable materials container; (ii) discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the Town's organic materials container; (iii) discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in Town's organic materials container and/or recyclable materials container; and, (iv) excluded waste placed in any container.

Recovered organic waste products means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

Recovery means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

Recyclable materials means materials that are intended for the purposes of being reused or recycled. The particular materials eligible to be recycled through the Town’s programs shall be specified from time to time by the regionalRegional agency.

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Recyclable materials container has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

Recycled-content paper means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

Regional agency means the West Valley Solid Waste Management Authority.

Regional agency enforcement official means a designated enforcement official from the regionalRegional agency or other regionalRegional or county agency, designated by the Town with responsibility for enforcing the chapter Chapter in conjunction or consultation with Town enforcement official.

Remote monitoring means the use of the internet of things (IOT) and/or wireless electronic devices to visualize the contents of recyclable materials containers, organic materials containers, and solid waste materials containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

Renewable gas means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR Section 18989(a)(62) to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

Restaurant means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

Route review means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

Salvage means the controlled removal of C&D debris from a covered project, for the purpose of reuse or storage for later reuse.

SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

SB 1383 regulations or SB 1383 regulatory means or refers to, for the purposes of this Chapter, the short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

Self-hauler means a person, who hauls solid waste, organic waste or recyclable material they have generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). Self-hauler also includes a landscaper.

Share table has the same meaning as in Section 114079 of the Health and Safety Code.

Single-family means of, from, or pertaining to any residential premises with fewer than five (5) units.

Solid waste has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescibleno putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, C&D debris, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

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(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code). (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

Solid waste materials container has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of solid waste.

Source separated means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from solid waste for the purposes of collection and processing.

Source separated organic materials means source separated organic materials that can be placed in an organic materials container that is specifically intended for the separate collection of organic waste.

Source separated recyclable materials means source separated recyclables materials that can be placed in a recyclable materials containers that is specifically intended for the separate collection of recyclable materials.

State means the State of California.

Supermarket means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

Tier one commercial edible food means a commercial edible food generator that is one (1) of the following, as defined in this chapter:
(1) Supermarket.
(2) Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet. (3) Food service provider.
(4) Food distributor.
(5) Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.

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(4) Large venue.
(5) Large event.
(6) State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet. (7) A local education agency facility with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of Ttier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Cchapter.

Town means the Town of Los Gatos, California, a political subdivision of the State of California, and its duly authorized representatives.

Town Enforcement Official means the Town manager, or other executive in charge or their authorized Designee(s) who is/are partially or whole responsible for enforcing the ordinance.

Transportation or transport means the act of conveying collected materials from one location to another.

Universal waste means waste defined by 22 CCR sSubsections 66273.1 through 66273.9, including, but not limited to batteries, fluorescent light bulbs, mercury switches, and E-waste.

West Valley Clean Water Authority means the stormwater pollution prevention authority for the cities of Campbell, Monte Sereno, Saratoga, and the Town of Los Gatos.

Garbage. Kitchen and table refuse, offal, swill and every accumulation of animal, fruit and vegetable matter that attends the preparation, use, consumption, dealing in and storage of meat, fish, fowl, fruit and vegetables; all waste substances which are or may become putrefactive; and broken crockery, bottles and tin cans. Dead animals, manure and the contents of cesspools shall not be considered garbage.

Rubbish. Waste materials, paper, rags, cartons, boxes, wood shavings or chips, furniture, bedding, clothing, rubber, leather, ashes, tree branches, yard trimmings, grass clippings, weeds and leaves. (Code 1968, § 14-1)
Cross reference(s)—Definitions and rules of construction generally, § 1.10.015.

Sec. 11.10.015. Determinations.

Pursuant to Government Code section 66757, the Town hereby makes the following determinations:
(1) The following aspects of solid waste handling are of local concern: frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services.
(2) The public health, safety and well-being require that solid wastediscarded materials handling services be provided by a wholly exclusive franchise and C&D debris handling services be provided by an exclusive or non-exclusive C&D debris collection services franchise agreement. . The terms of franchise

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shall be set forth in a franchise agreement approved by resolution of the Town Council or entered into by the RregionalRegional agency if the Town’s solid waste program is managed by a joint powers authority.
(Code 1968, § 14-2)
Sec. 11.10.020. Collection and disposal of garbage and rubbishdiscarded materials and C&D debris by private persons.
(a) (a) No person, except as provided in Ssection 11.10.015, shall collect or gather or cause to be collected or gathered, garbage and rubbishdiscarded materials or C&D debris within the Town, or carry, convey or transport, or cause to be carried, conveyed or transported, garbage and rubbishdiscarded materials or C&D debris through any of the streets, alleys or public places of the Town. (a)(b) No person shall collect C&D debris produced, kept or accumulated within the Town, unless such person holds a valid and current contract with the regionalRegional agency or is an agent or employee of the Town acting within the course and scope of their employment.(b) No person shall collect C&D Debris produced, kept, or accumulated within the Town, unless such person holds a valid and current contract with the regionalRegional agency or is an agent or employee of the Town acting within the course and scope of their employment.
(cb) This section shall not apply to the following:
(1) Persons carrying, conveying or transporting rubbish discarded materials or C&D debris owned by them to an authorized disposal site.
(2) Persons collecting or gathering, or carrying, conveying or transporting, discarded materials or C&D debrisrubbish to be salvaged.
(3) Persons collecting or gathering, or carrying, conveying or transporting, discarded materials or C&D debrisrubbish to an authorized disposal site upon an irregular or occasional basis. (4) Gardeners or tree surgeons collecting or gathering, or carrying, conveying or transporting, tree branches, yard trimmings, grass clippings, weeds and leaves from premises where such gardeners or tree surgeons have performed services resulting in such discarded materialsrubbish, to an authorized disposal site.
(dc) This Ssection shall not apply to the following for the collection of discarded materials:
(1) Collection and transport of recyclable materials and organic materials other than edible food that have been source separated from solid waste by the generator and that: (1) generator sells or donates to any other person, provided that there is no net payment made by the generator to such other person; or, (2) have a value equal to or more than the cost of collection. (2) Commercial business owner or resident may collection and transporttransportation of discarded materials for processing generated in or on their own premises with their own vehicle. However, the owner or resident shall be required to subscribe to and pay for the minimum required level of discarded materials collection service provided by the exclusive hauler. (3) Any items which are source separated at any premises by the generator and sold or donated to other persons, including youth, civic, or charitable organizations. (4) Edible food that is collected from a generator by other person(s), such as a person from a food recovery organization or food recovery service, for the purposes of food recovery, or that is transported by the generator to another person(s), such as a person from a food recovery organization,

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for the purposes of food recovery, regardless of whether the generator donates, sells, or pays a fee to the other person(s) to collect or receive the edible food from the generator. (5) Food scraps that are separated by the generator and used by the generator or distributed to other person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed may be self-hauled by generator or hauled by another party. (6) Containers delivered for recycling under the California Beverage Container Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code. (7) Discarded materials removed from a premises by a contractor (e.g., gardener, landscaper, treetrimming service, construction contractor, residential clean-out service) as an incidental part of the service being performed, rather than as a separately contracted or subcontracted hauling service; or if such contractor is providing a service that is not provided by the exclusive hauler. (8) Organic materials composted on a residential premises or otherwise legally managed at the site where they are generated or at a community composting site.
(9) Animal waste and remains from slaughterhouse or butcher shops, or grease. (10) By-products of sewage treatment, including sludge, sludge ash, grit, and screenings. (11) Excluded materials regardless of their source.
(12) Materials generated by State and County facilities located in the Town, including but not limited to public schools, provided that the facility self-hauls, has arranged services with other persons, or has arranged services with the contractor through a separate agreement.

No person shall collect C&D debris produced, kept or accumulated within the Town, unless such person holds a valid and current contract with the regionalRegional agency or is an agent or employee of the Town acting within the course and scope of their employment.
(Code 1968, § 14-3)
Sec. 11.10.025. Disposal by Town, compliance with collection services franchise agreement solid waste management plan required.
(a) Except as otherwise expressly provided in this chapter, it shall be unlawful for any person to dispose of garbage and rubbishdiscarded materials or C&D debris, except through the service provided by the Town, its agents, servants, or employees, or by persons who shall contract with the Town or the regionalRegional agency to gather and collect and to dispose of such garbage and rubbishdiscarded materials or C&D debris. (b) Any person who collects and disposes of garbage and rubbishdiscarded materials in the Town shall do so in compliance with the solid waste management planexclusive franchise agreement approved by resolution of the Town Council or the Regional agency.

(Code 1968, § 14-4)

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Sec. 11.10.030. Contracting for collection services by Town; authority to levy charge for collection services.

The Town may agree to pay and may pay to its agents, servants or employees, or to other persons who shall contract to gather and collect and dispose of garbage and rubbish, such compensation as may be determined by the Town Council. The Town may authorize and permit its agent, servants or employees or such other persons to charge and collect for such service from the owners of such garbage and rubbish, such sum as may be determined by the Town Council, and it shall be unlawful for any greater charge to be made for such service. All discarded materials collection services in the Town shall be collected in accordance with the exclusive hauler franchise agreement.
(a) For the collection and transport of C&D debris, an exclusive or non-exclusive contract may be entered into by the Town or regionalRegional agency in accordance with the terms and conditions of this chapter. The Regional agency may impose a limit on the number of non-exclusive C&D haulers. (a) Nothing shall prevent a generator from hauling their own C&D debris to a disposal or approved C&D processing facility.
(Code 1968, § 14-5)
Sec. 11.10.035. Garbage Discarded materials and C&D debris receptaclescontainers— Required.
(a) No person shall deposit, keep or accumulate, or cause to be deposited, kept or accumulated, any garbage or rubbishdiscarded materials in or about any lot or parcel of land, or any public or private drive, alley or street, or any house, store, restaurant or other place in the Town, unless the same is enclosed in a containerreceptacle of the type described in this article. The exclusive hauler for collection of discarded materials is granted by the Town the rights to encroach on the public right of way, including if necessary, bike lanes, for that period during which contains are permitted to be placed by the exclusive hauler’s customers in such right of way for curbside collection from a residential or commercial premises during specific times of collection as prescribed in the agreement entered into by the exclusive hauler and the regionalRegional agency.
(a)(b) No person shall deposit, keep or accumulate, or cause to be deposited, kept or accumulated, any C&D debris in or about any lot or parcel of land or private drives, unless the same is kept, deposited, or allowed to accumulate in a roll-off containers. Such containers shall be kept in a suitable location upon such premises, readily accessible to the collector. C&D debris containers shall not be placed on a public right-of-way or private alley.
(Code 1968, § 14-6)
Sec. 11.10.040. SameCollection containers—Size, material, etc. (a) The receptacle container for discarded materials required by Ssection 11.10.035 shall be watertight, equipped with a close fitting cover, and provided with handles and of a capacity not less than five (5) nor more than thirty-two (32) gallons, and made of either galvanized iron or sturdy plastic materialshall meet the specifications as required by an exclusive franchise agreement or non-exclusive franchise agreement. (b) Larger receptaclescontainers, such as droproll-off boxes, may be utilized under terms and conditions prescribed in regulations approved by resolution of the Town Councilin a C&D debris collection services franchise agreement.

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(Code 1968, § 14-7)
Sec. 11.10.045. Accumulations of combustible rubbish materials prohibited in certain areas; exception.

No person shall keep any combustible rubbish materials in any office, commercial, industrial or large multiple housing area (eight (8) units or more) of the Town for a period longer than twenty-four (24) hours, without placing such rubbish in a metal container satisfactory to the Fire Chief. (Code 1968, § 14-9)
Sec. 11.10.050. Burying, burning prohibited.

No person shall bury in or burn upon any lot, piece or parcel of land, or in or upon any street, way or alley within the Town any garbagediscarded materials, C&D debris or excluded waste. No person shall burn upon any lot, piece or parcel of land within the Town any rubbish. (Code 1968, § 14-10)
Sec. 11.10.055. Dumping of garbage and rubbishdiscarded materials or C&D debris restricted to authorized disposal site.

No person shall dump any trash or garbagediscarded materials or C&D debris upon any lot, piece or parcel of land not owned by such person or upon any public street, way, alley or place within the Town. (Code 1968, § 14-11)
Sec. 11.10.060. Leaving of dead animals, etc., on streets, public places, private lands, etc.

No person shall put the carcass of any dead animal or the offal from any dead animal, whether slaughtered or not, or the offal from any slaughterhouse, pen, corral or butcher shop in any creek, pond, street, alley, highway or public grounds; or shall leave the same to decompose or decay upon the person's private land upon the surface of the ground; or shall allow any animal owned by the person which shall have died from any cause to remain upon any street, alley or highway, or upon any public or private grounds, to decay and create an offensive smell; or shall attempt to destroy such animal or offal by fire within the Town. (Code 1968, § 14-12)
Sec. 11.10.070. Hauler and facility operator requirements. (a) Requirements for haulers:
(1) The exclusive hauler providing single-family, multi-family residential dwellings, and commercial recyclable materials, organic waste, and solid waste collection services to generators within the Town's boundaries shall meet the following requirements and standards:
(A) Transport:

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(i) Ssource separated recyclable materials to a facility that recovers recyclable materials; (ii) Ssource separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; and (iii) solid waste to a disposal facility; and all facilities shall be approved by the regionalRegional agency through the exclusive hauler's collection agreement with the regionalRegional agency.
(2) The exclusive hauler authorized to collect Ssource separated materials and solid waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into by the exclusive hauler and the regionalRegional agency.
(3) The C&D hauler providing C&D collection services to generators within the Town’s boundaries shall comply with all requirements contained within its agreement entered into by the C&D hauler and Regional agency.
(b) Requirements for facility operators and community composting operations. (1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon Town or regionalRegional agency request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the Town or regionalRegional agency shall respond within sixty (60) days. ( Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.080. Self-hauler requirements.
(a) Self-haulers shall Ssource separate all materials in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste that is mixed with sSolid waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3. (b) Self-haulers shall haul their Ssource separated materials to facilities that recover those materials.

Alternatively, self-haulers may haul organic waste that is mixed with solid waste to a high diversion organic waste processing facility.
(c) Self-haulers that are owners or property managers of commercial businesses and multi-family residential dwellings shall keep a record of the amount of recyclable materials and organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers recyclable materials and/or organic waste.; Tthis record shall be subject to Inspection by the Town, its designee, or Regional agency. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic waste, or solid waste.
(2) The amount of discarded material in cubic yards or tons transported by the generator to each entity. (3) If the discarded material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the recyclable materials, organic waste, or solid waste.

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(d) Self-haulers that are owners or property managers of commercial businesses and multi-family self-haulers shall provide information collected in 11.50.45(c) to Town, its designee, or regionalRegional agency, if requested.
(e) A single-family generator that self-hauls recyclable materials, organic waste, or solid waste is not required to record or report information in 11.50.45(c) and (d).
( Ord. No. 2324 , § II, 11-16-21)
ARTICLE III. RECYCLABLE MATERIALS
Sec. 11.30.010. Definition.

For the purposes of this article, "recyclable materials" means any paper, glass, cardboard, plastic, used motor oil, ferrous metal or aluminum and any other recyclable material that has been segregated from other refuse by placing in separate containers or by other such physical separation and placed for collection separately from garbage, refuse, rubbish or other waste.
(Ord. No. 1812, § I(14-30), 2-20-90)
Sec. 11.30.015. Collection of recyclable materials—Contract.

The Town may enter into an agreement with any contractor, granting to such contractor the exclusive right and privilege of collecting, processing and marketing recyclable materials from designated dwellings within the Town, according to the terms and conditions of such an agreement. (Ord. No. 1812, § I(14-31), 2-20-90)
Sec. 11.30.020. Same—Fees.

The Town may determine the manner in which recycling services are to be provided in the Town. The Council shall determine by resolution any fee to be imposed and collected from residential or commercial occupancies served by recyclable material collection programs provided by the Town or Town's contractor and the manner in which the fee is to be collected. Residential or commercial occupancies shall be notified of any new or amended fee at least thirty (30) days prior to its implementation. (Ord. No. 1812, § I(14-32), 2-20-90)
Sec. 11.30.025. Removal of recyclable materials.

No person other than the authorized recycling contractor shall remove paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum or other recyclable materials which have been segregated from other refuse, placed in designated containers separated from refuse and placed at a designated collection location for purposes of collection and recycling.
(Ord. No. 1812, § I(14-33), 2-20-90)

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Sec. 11.30.030. Donation or sale of materials.

Nothing in this article shall limit the right of any person to donate, sell or otherwise dispose of such person's recyclable materials.
(Ord. No. 1812, § I(14-34), 2-20-90)
ARTICLE VV. ORGANIC WASTEDISCARDED MATERIALS DISPOSAL REDUCTION Sec. 11.50.010. Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Approved C&D processing facility means any of the CALGreen-compliant facilities, used to process C&D, that have been approved by the regionalRegional agency.

California Code of Regulations or CCR means the State of California Code of Regulations. CCR references in this chapter Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

CalRecycle means the California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on cities, counties, special districts, and other regulated entities.

Commercial business or commercial means a non-residential premises including a firm, partnership, proprietorship, joint- stock company, corporation, or association where business activity is conducted including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon residential property that are permitted under applicable zoning regulations and are not the primary use of the property, whether for-profit or nonprofit, strip mall, or industrial facility, or as otherwise defined in 14 CCR Section 18982(a)(6), with the exception that multi-family is excluded from the definition of commercial business.means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling with five or more units, or as otherwise defined in 14 CCR Section 18982(a)(6); with the exception that multi-family is excluded from this definition. A multi-family residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this chapter.

Commercial edible food generator includes a Tier one or a tier two commercial edible food generator as defined in of this chapter Chapter or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

Compliance review means a review of records by the Town to determine compliance with this article.

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Compostable plastic or compostable plastic means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

Container(s) mean bins, carts, and roll-off boxes.

Container contamination or contaminated container means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

County means the County of Santa Clara, California.

Customer means the person who receives the collection contractor’s services and to whom the contractor/Town submits its billing invoice to and collects payment from for collection services provided to a premises. The customer may be either the occupant, owner, or property managerdesignated responsible party by the owner of the premises, as allowed under the Town code.

C&D means construction and demolition debris.

Covered project means and includes any project that meets the thresholds set forth in section 11.60.010.

Dead animals means those animals that die naturally, from disease, or are accidentally killed, but shall not mean condemned animals or parts of animals from slaughterhouses or similar places.

Designee means an entity that the Town contracts with or otherwise arranges to carry out any of the Town's responsibilities of this chapter Chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

Discarded materials means recyclable materials, organic materials, and solid waste discarded by a generator for the purpose of collection and/or self-hauling, excluding excluded waste.

Disposal or dispose (or any variation thereof) means the final disposition of solid waste, or processing residue at a disposal facility.

Edible food means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter Chapter or in 14 CCR, Division 7, Chapter Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

Enforcement action means an action of the Town or regionalRegional agency to address non-compliance with this chapter Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

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Enforcement entity means an appointed designee for the enforcement of this chapter. A designee may be the Town enforcement official, regionalRegional agency's enforcement official, county enforcement official, or other designee, or a combination or those entities.

Exclusive hauler means the collection contractor that has been granted the exclusive rights to collect recyclable materials, organic materials, and solid waste, and C&D in the Town through the agreement entered into by the collection contractor and the regionalRegional agency.

Food distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

Food facility has the same meaning as in Section 113789 of the Health and Safety Code.

Food recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

A food recovery organization is not a commercial edible food generator for the purposes of this chapter Chapter and implementation of 14 CCR, Division 7, Chapter Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

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occupancy of Residential dwellings. Food scraps are a subset of organic food waste. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

Hauler route means the designated itinerary or sequence of stops for each segment of the Town's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

Health Facility has the same meaning as in Section 1250 of the Health and Safety Code.

Hotel has the same meaning as in Section 17210 of the Business and Professions Code.

Inspection means a site visit where a Town, its designee, or regionalRegional agency reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

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fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one Large Venue that is contiguous with other large venues in the site, is a single large venue.

If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.

MWELO refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter Chapter 2.7.

Occupant means the person who occupies a premises.

Organic materials means green waste, food waste, lumber, and wood waste.

Organic materials container has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated organic materials.

Organic waste generator means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

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Premises means any land or building in the Town where recyclable materials, organic materials, solid waste, or C&D are generated or accumulated.

Recovery means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

Recyclable materials means materials that are intended for the purposes of being reused or recycled.authorized by exclusive hauler. The particular materials eligible to be recycled through the Town’s programs shall be specified from time to time by the regionalRegional agency.

Recyclable materials container has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

RegionalRegional agency means the West Valley Solid Waste Management Authority.

RegionalRegional agency enforcement official means a designated enforcement official from the regionalRegional agency or other regionalRegional or county agency, designated by the Town with responsibility for enforcing the chapter Chapter in conjunction or consultation with Town enforcement official.

Remote monitoring means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of recyclable materials containers, organic materials containers, and solid waste materials containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

Renewable gas means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

Restaurant means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

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Salvage means the controlled removal of C&D debris from a covered project, for the purpose of reuse or storage for later reuse.

SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

SB 1383 regulations or SB 1383 regulatory means or refers to, for the purposes of this chapter, the shortlived climate pollutants: organic waste reduction regulations developed by CalRecycle that created 14 CCR, Division 7, Chapter Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

Share table has the same meaning as in Section 114079 of the Health and Safety Code.

Single-family means of, from, or pertaining to any residential premises with fewer than five (5) units.

Solid waste has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, C&D debris, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code). (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

Solid waste materials container has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of solid waste.

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Source separated recyclable materials
State means the State of California.

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.

Tier two commercial edible food generator means the following:
(1) Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
(2) Hotel with an on-site food facility and two hundred (200) or more rooms. (3) Health facility with an on-site food facility and one hundred (100) or more beds. (4) Large venue.
(5) Large event.
(6) State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet. (7) A local education agency facility with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

Town means the Town of Los Gatos, California, a political subdivision of the State of California, and its duly authorized representatives.

Town Enforcement Official means the Town manager, or other executive in charge or their authorized Designee(s) who is/are partially or whole responsible for enforcing the ordinance.

Transportation or transport means the act of conveying collected materials from one location to another.

Universal waste means waste defined by 22 CCR Subsections 66273.1 through 66273.9, including, but not limited to batteries, fluorescent light bulbs, mercury switches, and E-waste.

West Valley Clean Water Authority means the stormwater pollution prevention authority for the cities of Campbell, Monte Sereno, Saratoga, and the Town of Los Gatos.

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Wholesale food vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other.
( Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.015. Single-family requirements.
(a) Owner, occupant, or property manager of single-family premises, except those that that meet the self-hauler requirements in this chapter Chapter shall subscribe to the regionalRegional agency's discarded materials collection services for all recyclable materials, organic materials, and solid waste generated as described below in Section (b). Town, its designee, or regionalRegional agency shall have the right to review the number and size of a recyclable materials containers, organic materials containers, and solid waste containers to evaluate adequacy of capacity, to avoid Ooverage, provided for each type of collection service for proper separation of discarded materials and containment of materials; and, owner, occupant, or property manager of single-family premises shall adjust its service level for its collection services as requested by the Town, its designee, or regionalRegional agency. Owner, occupant, or property manager may additionally manage their discarded materials by preventing or reducing their discarded materials, by managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(b) Generators shall participate in the regionalRegional agency's discarded materials collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.
(c) Generators shall place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container. Generators shall not place materials designated for the solid waste container into the recyclable materials container or organic materials container. ( Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.020. Commercial and multi-family requirements. (a) Commercial businesses and multi-family residential dwellings shall comply with the following requirements:
(1) Subscribe to regionalRegional agency's discarded materials collection services and comply with requirements of those services as described in this chapter, except commercial businesses and multifamily residential dwellings that meet the self-hauler requirements in this chapter. Town, its designee, or regionalRegional agency shall have the right to review the number and size of a commercial business's or multi-family residential dwellings' discarded materials containers and frequency of collection to evaluate adequacy of capacity, to avoid Ooverage, provided for each type of collection service for proper separation of discarded materials and containment of materials; and, owner, occupant, or property manager of commercial businesses and multi-family residential dwellings shall adjust their service level for their collection services as requested by the Town, its designee, or regionalRegional agency. If the commercial businesses and multi-family residential dwellings do not increase their service level as requested by the Town, its designee, or regionalRegional agency, the Town, its designee, or regionalRegional agency may require the exclusive hauler to increase their service level and bill the commercial businesses and multi-family residential dwellings for the increased service level required to prevent Ooverages if included in the hauler’s agreement with the Town or regionalRegional agency.

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(2) Except commercial businesses and multi-family residential dwellings that meet the self-hauler requirements in this Cchapter, participate in the regionalRegional agency's discarded materials collection service(s) by placing designated materials in designated containers. Commercial and multifamily generators shall place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste containers generator shall not place materials designated for the solid waste container into the organic materials container or recyclable materials container. (3) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Sections b(1)(i) and b(1)(ii) for employees, exclusive haulers, tenants, and customers, consistent with regionalRegional agency's discarded materials collection service or, if self-hauling, in a manner to support its compliance with its self-haul program, in accordance with this chapter.
(4) Annually provide information to employees, exclusive haulers, tenants, and customers about organic waste recovery requirements and proper sorting of source separated materials. (5) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated materials and separate from solid waste and the location of containers and the rules governing their use at each property. (6) Provide or arrange access for Town, its designee, or regionalRegional agency to their properties during all Inspections conducted in accordance with this chapter Chapter to confirm compliance with the requirements of this Cchapter.
(7) Accommodate and cooperate with Town's, its designee's, or regionalRegional agency's remote monitoring program for Inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with this chapter. The remote monitoring program shall involve installation of remote monitoring equipment on or in the discarded materials containers.
(8) At commercial business's or multi-family residential dwelling's option and subject to any approval required from the Town, its designee, or regionalRegional agency, implement a remote monitoring program for Inspection of the contents of its discarded materials containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the discarded materials containers subject to written notification to or approval by the Town, its designee, or regionalRegional agency.
(9) If a commercial business or multi-family residential dwelling wants to self-haul, meet the self-hauler requirements in Sec. 11.50.045 of this Cchapter.
(b) Commercial businesses shall also comply with the following requirements:
(1) Provide containers for the collection of source separated materials in all indoor and outdoor areas where containers for solid waste are provided for customers, for materials generated by that commercial business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the commercial business shall have either:
(i) A body or lid that conforms with the container colors provided through the collection service agreement provided by the Town’s regionalRegional agency, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional

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containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(ii) Existing containers shall be clearly marked with educational signage indicating the appropriate discarded material types to be placed in each container in accordance with requirements of the regionalRegional agency's collection program. Commencing January 1, 2022, new containers shall have container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container pursuant 14 CCR Sections 18984.8 and 18984.9. (2) To the extent practical through education, training, Inspection, and/or other measures, shall prohibit employees from placing discarded materials in a container not designated for those materials per the regionalRegional agency's separated source and solid waste collection service or, if self-hauling, in a manner to support its compliance with its self-haul program, in accordance with this Cchapter. (3) Periodically inspect separated source and solid waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(4) For commercial businesses that are tier one or tier two commercial edible food generators, comply with food recovery requirements in this Cchapter.
(c) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). ( Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.025. Waivers for residential and commercial generators. (a) De minimis waivers. The Town or regionalRegional agency may waive a commercial business' or multi-family residential dwellings' obligation to comply with some or all of the source separated material requirements of this chapter Chapter if the commercial business or multi-family residential dwellings provides documentation that it generates below a certain amount of recyclable materials and organic materials as described below.

Commercial Businesses or multi-family residential dwellings requesting a de minimis waiver shall:
(1) Submit an application to the Town, regionalRegional agency, or exclusive hauler specifying the services that they are requesting a waiver from and provide documentation as noted below. (2) Provide documentation that either:
(A) The commercial business' or multi-family residential dwellings' total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a recyclable materials container and/or organic materials container comprises less than twenty (20) gallons per week per applicable container of the Commercial business's or multi-family residential dwellings' total waste; or,
(B) The commercial business' or multi-family residential dwellings' total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a recyclable materials container and/or organic materials comprises less than ten (10) gallons per week per applicable container of the commercial business's or multi-family residential dwellings' total waste.

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(3) Notify Town or regionalRegional agency if circumstances change such that commercial business's or multi-family residential dwelling's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every five (5) years, or other interval deemed appropriate by the Town or regionalRegional agency for special circumstances, if Town or regionalRegional agency has approved de minimis waiver. (5) Pay any applicable application fee, which may be established by resolution of the Town Council or regionalRegional agency.
(b) Physical space waivers. Town or regionalRegional agency may waive a commercial business's or multi-family residential dwelling's or property owner's obligations to comply with some or all of the Recyclable materials and/or organic waste collection service requirements if the Town has evidence from its own staff, the regionalRegional agency's exclusive hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this article.

A commercial business or multi-family residential dwelling owner or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for recyclable materials containers and/or organic materials containers including documentation from its exclusive hauler, licensed architect, or licensed engineer.
(3) Provide written verification to Town or regionalRegional agency that it is still eligible for physical space waiver every five (5) years, or other interval deemed appropriate by the Town or regionalRegional agency for special circumstances, if Town or regionalRegional agency has approved application for a physical space waiver.
(4) Pay any applicable application fee, which may be established by resolution of the Town Council or regionalRegional agency.
(c) The Department of Public Works will review and approve of waivers by Town or regionalRegional agency. ( Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.030. Commercial edible food generators requirements. (a) Tier one commercial edible food generators must comply with the requirements of this Section 7 commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024 pursuant to 14 CCR Section 18991.3.
(b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this Section, commencing January 1, 2024. (c) Commercial edible food generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed. (2) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

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(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(4) Allow the enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). (B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). (C) A record of the following information for each of those food recovery services or food recovery organizations:
(i) The name, address and contact information of the food recovery service or food recovery organization.
(ii) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(iii) The established frequency that food will be collected or self-hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery. (d) Tier one commercial edible food generators shall submit food recovery reports, as defined below, to the enforcement entity according to the following schedule:
(1) On or before August 1, 2022, tier one commercial edible food generators shall submit a food recovery report for the period of January 1, 2022 through June 30, 2022. (2) On or before May 1, 2023, and on or before May 1st each year thereafter, tier one commercial edible food generators shall submit a food recovery report for the period covering the entire previous calendar year.
(e) Tier two commercial edible food generators shall submit food recovery reports, as defined below, to the enforcement entity according to the following schedule:
(1) On or before May 1, 2025, and on or before May 1st each year thereafter, tier two commercial edible food generators shall submit a food recovery report for the period covering the entire previous calendar year.
(f) Food recovery reports submitted by tier one and tier two commercial edible food generators shall include the following information:
(1) The name and address of the commercial edible food generator; (2) The name of the person responsible for the commercial edible food generator's edible food recovery program;
(3) A list of all contracted food recovery services or food recovery organizations that collect edible food from the commercial edible food generator;
(4) The total number of pounds of edible food, per year, donated through a contracted food recovery organization or food recovery service.
(g) Nothing in this chapter Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and

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school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). ( Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.035. Requirements for food recovery organizations and services. (a) Food recovery services and food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.
(3) The quantity in pounds of edible food transported to each food recovery organization per month. (4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery. (b) Food recovery organizations and food recovery services shall inform Generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
(c) Food recovery organizations and food recovery services that have their primary address physically located in the Town and contract with or have written agreements with one or more tier one or tier two commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall submit food recovery reports, as defined below, to the enforcement entity according to the following schedule:
(1) On or before August 1, 2022, food recovery organizations and food recovery services shall submit a food recovery report for the period of January 1, 2022 through June 30, 2022; (2) On or before May 1, 2023, and on or before May 1st each year thereafter, food recovery organizations and food recovery services shall submit a food recovery report for the period covering the entire previous calendar year.
(d) Food recovery reports submitted by food recovery services or organizations shall include the following information:
(1) Total pounds of edible food recovered in the previous calendar year from tier one and tier two edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).
(2) Total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with within Santa Clara County.
(e) In order to support edible food recovery capacity planning assessments or other studies conducted by the county, Town, its designee, or regionalRegional agency, food recovery services and food recovery organizations operating in the Town shall provide information and consultation to the Town or regionalRegional agency, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the Town and its commercial edible food generators. A food recovery service or food recovery organization contacted by the enforcement entity shall respond to such request for

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information within sixty (60) days, unless another timeframe is otherwise specified by the Town or regionalRegional agency.
( Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.040. Hauler and facility operator requirements. (a) Requirements for haulers:
(1) The exclusive hauler providing single-family, multi-family residential dwellings, and commercial recyclable materials, organic waste, C&D, and solid waste collection services to generators within the Town's boundaries shall meet the following requirements and standards:
(A) Transport:
(i) source separated recyclable materials to a facility that recovers recyclable materials; (ii) transport source separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter Chapter 12, Article 2; and
(iii) solid waste to a disposal facility; and all facilities shall be approved by the regionalRegional agency through the exclusive hauler's collection agreement with the regionalRegional agency.
(2) The exclusive hauler authorized to collect source separated materials and solid waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into by the exclusive hauler and the regionalRegional agency.
(3) The C&D hauler providing C&D collection services to generators within the Town’s boundaries shall comply with all requirements contained within its agreement entered into by the C&D hauler and regionalRegional agency.
(b) Requirements for facility operators and community composting operations. (1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon Town or regionalRegional agency request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the Town or regionalRegional agency shall respond within sixty (60) days. ( Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.045. Self-hauler requirements.
(a) Self-haulers shall source separate all materials in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste that is mixed with Solid Waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3. (b) Self-haulers shall haul their source separated materials to facilities that recover those materials.

Alternatively, self-haulers may haul organic waste that is mixed with solid waste to a high diversion organic waste processing facility.

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(c) Self-haulers that are owners or property managers of commercial businesses and multi-family residential dwellings shall keep a record of the amount of recyclable materials and organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers recyclable materials and/or organic waste.; this record shall be subject to Inspection by the Town, its designee, or regionalRegional agency. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic waste, or solid waste.
(2) The amount of discarded material in cubic yards or tons transported by the generator to each entity. (3) If the discarded material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the recyclable materials, organic waste, or solid waste. (d) Self-haulers that are owners or property managers of commercial businesses and multi-family self-haulers shall provide information collected in 11.50.45(c) to Town, its designee, or regionalRegional agency, if requested.
(e) A single-family generator that self-hauls recyclable materials, organic waste, or solid waste is not required to record or report information in 11.50.45(c) and (d).
( Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.050. Model water efficient landscaping ordinance requirements. (a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the Town, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than five hundred (500) square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO. (b) If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires Cities to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter Chapter 2.7 shall be enforced.
( Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.055. Non-local entities and local education agency requirements. (a) Non-local entities and local education agencies shall comply with requirements 14 CCR Chapter 12, Article 5 to prevent and reduce the generation of organic waste.
(b) Local education agencies with on-site food facility shall comply with food recovery requirements of this Cchapter.
( Ord. No. 2324 , § II, 11-16-21)

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Sec. 11.50.060. Inspections and investigations by Town. (a) The enforcement entity is authorized to conduct Iinspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for discarded materials collected from generators, or source separated materials to confirm compliance with this chapter Chapter by single-family generators, commercial businesses, multi-family residential dwellings, property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, and other entities regulated hereunder subject to applicable laws. This section does not allow the enforcement entity to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business and multi-family residential dwellings containers for compliance of this chapter, Town may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses and multi-family residential dwellings shall accommodate and cooperate, if applicable, with the remote monitoring pursuant to this chapter. (b) Regulated entity shall provide or arrange for access during all Iinspections (with the exception of residential property interiors) and shall cooperate with the enforcement entity's employee during such Inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter Chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment; or (ii) access to records for any Inspection or investigation is a violation of this chapter Chapter and may result in penalties described. (c) Any records obtained during Iinspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 7920 et seq.
(d) The enforcement entity shall receive written complaints from persons regarding an entity that may be potentially non-compliant with this chapter, including receipt of anonymous complaints. ( Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.065. Enforcement.
(a) Violation of any provision of this chapter Chapter shall constitute grounds for issuance of a notice of violation and assessment of a finegrounds for issuance of a notice of violation followed by an administrative citation in addition to any other. Other remedies allowed byauthorized by the Town Code or state law may be used, including civil action or prosecution as misdemeanor or infraction. The responsible entity for enforcement may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The enforcement entity may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of entity's resources.
(b) Responsible entity for enforcement:
(1) Enforcement entity's pursuant to this chapter Chapter may be undertaken by the Town enforcement official, regionalRegional agency enforcement official, county agency enforcement official, exclusive hauler, or combination thereof, as defined in this Cchapter. a. The enforcement entity will interpret this Cchapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

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b. The enforcement entity's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the administrative citations issued to enforce this chapter Chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this Cchapter. (c) Process for enforcement:
(1) The enforcement entity will monitor compliance with the chapter Chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). This chapter Chapter establishes Town's right to authorize conduct inspections and investigations.
(2) The enforcement entity may issue an official notification to notify regulated entities of its obligations under this Cchapter.
(3) For incidences of prohibited container contaminants found in containers, the enforcement entity will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container. If the enforcement entity observes prohibited container contaminants in a generator's containers on more than three (3) consecutive occasion(s), the enforcement entity or exclusive hauler may assess contamination processing fees or contamination fines or penalties on the generator.
(4) With the exception of violations of generator contamination of container contents addressed under

6.04.290(c)(3), the enforcement entity shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the notice of violation, the enforcement entity shall commence an action to impose penalties, via an administrative citation and fineissue an administrative citation, pursuant to the Town's municipal codeTown Code Sections

1.30.010 and following, chapter Chapter 1.3 article 30, Aadministrative cCitations. The enforcement entity shall retain the ability to impose fines or penalties in accordance with any other Town Code or state law provisions..

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the Town or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information. (d) Penalty amounts for types of violation. The criminal citation penalty amounts penalty levels follow Town municipal are set forth in Town Code Section code, chapter Chapter 1.3010.04025 amount of penalties. The administrative citation penalty amounts are adopted by resolution of the Town Council. (e) Factors considered in determining penalty amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s). (2) The violator's ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this chapter. (5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator.

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(fe) Compliance deadline extension considerations. The enforcement entity may extend the compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; (2) Delays in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the Town is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(gf) Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request an appeal hearing to appeal the citation in accordance with Town Code Sections

1.30.035 and following. A hearing will be held only if it is consistent with Town's procedures in the Town municipal codeCode, chapter Chapter 1.30 Sections 1.30.040 and following. (h) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, the enforcement entity will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the enforcement entity determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter Chapter and a notice that compliance is required by January 1, 2022 and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(j) Civil Ppenalties for non-compliance. Beginning January 1, 2024, ifIf the enforcement entity determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this Cchapter, as needed.
( Ord. No. 2324 , § II, 11-16-21)
Sec. 11.50.070. Effective date.

This chapter Chapter shall be effective commencing on January 1, 2022. ( Ord. No. 2324 , § II, 11-16-21)
ARTICLE VI. CONSTRUCTION AND DEMOLITION DEBRIS DISPOSAL REDUCTION Sec. 11.60.010. Covered projects.
(a) Persons applying for a permit from the Town for new construction, building renovation, remodel, additions or alterations and demolition projects shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11 (CALGreen), as amended, if its project is covered by the scope of CALGreen and other applicable requirements of the Town. If the requirements of CALGreen, as amended, are more stringent than the requirements of this section, the CALGreen requirements shall apply.
(b) All projects within the Town, including Town-sponsored projects, shall be subject to the Waste Management Plan requirement of section 6.12.70.

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(c) All new construction and demolition projects within the Town, including Town-sponsored projects, shall comply with this Chapter and shall submit a Waste Management Plan required by section 11.60.050 prior to the beginning of any construction and demolition activities. (1) Newly constructed buildings and demolition.
(2) Non-residential renovation, remodel, addition, or alterations to an existing structure within the Town, as determined by the building official.
(3) Residential renovation, remodel, addition, or alternations that increase the structure’s conditioned area, volume, or size, as determined by the building official.

Sec. 11.60.020 Requirement to divert Construction and Demolition C&D debris.

This section sets forth that all covered projects must comply with the following provisions of the most current California Green Building Standards Code (CALGreen) Sections:
(a) 4.408.1 Construction Waste Management Residential (recycling requirements) (b) 5.408.1 Construction Waste Management Non-Residential (recycling requirements) (c) 4.410.2 Recycling by Occupants Residential (recycling enclosure requirements) (d) 5.410.1 Recycling by Occupants Non-Residential (recycling enclosure requirements) It is required that at least sixty-five (65%) percent of waste tonnage and one hundred (100%) percent of excavated soil from new construction, demolition, or existing construction such as addition, alteration, or repair projects shall be diverted from disposal.

Sec. 11.60.030 - Deconstruction, salvage and recovery.
(a) Contractors are encouraged to make every structure planned for demolition available for deconstruction, salvage, and recovery prior to demolition; and to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. (b) Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall be counted towards the diversion requirements of this Cchapter.

Sec. 11.60.040 Approved Construction and Demolition Debris C&D processing facilities. (a) The regionalRegional agency is authorized to designate and approve C&D debris processing facilities The regionalRegional agency shall issue an approval only if the owner or operator of the facility submits documentation satisfactory to the regionalRegional agency and shall obtain third party certification for mixed C&D debris processing.
(b) A mixed C&D debris processing facility is required to obtain third party certification prior to registration with the regionalRegional agency. The regionalRegional agency will apply the standards described in the thencurrent facility certification program, consistent with the procedures set forth in this Cchapter, to determine whether a facility qualifies for approval of registration. Any facility certified under a terminated certification program must reapply and receive certification under the then-current program. (c) C&D debris processing facilities shall, as a condition of their approval, agree to terms and conditions set forth by the regionalRegional agency.

Sec. 11.60.050 Reporting.
(a) No later than thirty (30) days following the completion of a Ccovered project, the contractor shall, as a condition of final approval and for issuance of any certificate of occupancy, certify C&D debris was recycled

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at the diversion rate set by California's Green Building Standard Code and referenced in Section 6.120.010 requirement set forth in section 6.12.030 and submit documentation to the Building Department department of public works that demonstrates compliance with the requirements of this Cchapter. (b) The documentation shall be submitted in a form consistent with Town requirements and consist of receipts and weight tags or other records of measurement or equivalent documentation from recycling and processing companies, deconstruction contractors, and landfill and disposal companies. (c) Progress reports during construction may be required. (d) All documentation submitted pursuant to this section is subject to verification by Town. (e) It is unlawful for any person to submit documentation to Town under this section that a person knows to contain any false statements, including but not limited to false statements regarding tonnage of materials recycled or diverted, or to submit any false or fraudulent receipt of weight tags or other record of measurement.

Sec. 11.60.080 Severability.
(a) If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Town and regionalRegional agency hereby declare that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. To this end, the provisions of this ordinance are declared severable.

Chapter 16 NOISE3
ARTICLE II. NOISE LIMITS
Sec. 16.20.010. Curfew noise disturbance.
(a) No Except for any professional refuse collection agency acting pursuant to a franchise agreement with the Town or RegionalRegional agency Entity, no persons shall between the hours of 10:00 p.m. and 8:00 a.m. make, cause, suffer or permit to be made any noise disturbance which:
3Editor's note(s)—Ord. No. 1852, § I, adopted May 20, 1991, repealed the provisions of former Ch. 16, relative to noise, which derived from Code 1968, Ch. 11 (§§ 11.10.010—11.10.065, 11.20.010, 11.30.010, 11.30.020,

11.30.030, 11.30.050, 11.30.060, 11.30.080, 11.30.090). Section II of said Ord. No. 1852 enacted new noise regulations which have been included within this Code as Ch. 16, §§ 16.10.010, 16.20.010—16.20.060,

16.30.010, 16.30.015.

Cross reference(s)—Amusements generally, Ch. 3; animals and fowl, Ch. 4; buildings and building regulations, Ch. 6; grading, erosion and sediment control, Ch. 12; health and sanitation, Ch. 13; licenses and miscellaneous

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(1) Is made within one hundred (100) feet of any building or place regularly used for sleeping purposes; or (2) Disturbs any person(s) within hearing distance of such noise. (Exception: Any other professional refuse collection company acting as an agent to the Town shall be exempt from the provisions of this subsection (a) and shall abide by the contract with the Town or regionalRegional agency.)
(cb) No persons shall make, cause, suffer or permit to be made any noise or sounds which:
(1) Are unreasonably disturbing or physically annoying to people of ordinary sensitivity or which are so harsh or prolonged or unnatural or unusual in their use, time or place as to cause physical discomfort to a person(s); or
(2) Are not necessary in connection with an activity which is otherwise lawfully conducted. (Ord. No. 1852, § II(11.30.010), 5-20-91)
Sec. 16.20.055. Motor vehicles.
(a) Motor vehicles. It shall be the policy of the Town to enforce those sections of the Vehicle Code of the State of California regarding motor vehicle noise emission limits and equipment problems which create noise problems, motor vehicle horns, sound levels emitted from off highway vehicles operating off the public rightof-way, and the successors thereof. (b) Refuse collection vehicles.
(1) No Except as authorized by contract with the Town or RegionalRegional aAgency, no person shall collect refuse with a refuse collection vehicle between the hours of 6:00 p.m. and 6:00 a.m. the following day in a residential area.
(Exception: Any other professional refuse collection company acting as an agent to the Town shall be exempt from the provisions of this subsection (b)(1) and shall abide by the contract with the Town or regionalRegional agency.)
(2) No person authorized to engage in waste disposal service or garbage collection shall operate any truckmounted waste or garbage loading and/or similar device in any manner so as to create any noise exceeding state or federal standards.
(c) Vehicle, motorboat and aircraft repairs and testing. No person shall repair, rebuild, modify or test any motor vehicle, motorboat or aircraft in such a manner as to create a noise disturbance across a residential property plane or at any time to violate the provisions of Aarticle II of this Cchapter. (d) Standing motor vehicles. No person shall operate or permit the operation of any motor vehicle with a Gross Vehicle Weight Rating (GVWR) in excess of ten thousand (10,000) pounds, including refrigeration and/or heating units attached to any vehicle weighing in excess of five thousand (5,000) pounds, or any auxiliary equipment attached to same, for a period of fifteen (15) minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, within one hundred fifty (150) feet of a residential area or designated noise sensitive zone, between the hours of 10:00 p.m. and 7:00 a.m. of the following day. business regulations, Ch. 14; motor vehicles and traffic, Ch. 15; nuisances, Ch. 17; disturbing meetings, §

18.10.020; offenses against public peace, § 18.50.010 et seq.; parks and recreation, Ch. 29; police, Ch. 21; streets and sidewalks, Ch. 23; vehicles for hire, Ch. 28.

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(e) Motorized recreational vehicles operating off public rights-of-way. No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of this Cchapter. This paragraph shall apply to all motorized recreational vehicles, whether or not duly licensed and registered including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, amphibious craft, campers and dune buggies, but not including motorboats.
(Ord. No. 1852, § II(11.30.055), 5-20-91)

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Ordinance Date
ATTACHMENT 2

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 1, ARTICLE III, “ADMINISTRATIVE CITATIONS,” CHAPTER 11, “GARBAGE, REFUSE, AND WEEDS,” AND CHAPTER 16, “NOISE” OF THE TOWN CODE WHEREAS, in September 2016, Governor Jerry Brown signed into law Senate Bill 1383 (SB 1383), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants; and
WHEREAS, SB 1383 established targets to achieve 50 percent reduction in the level of statewide disposal of organic waste from 2014 levels by 2020 and a 75 percent reduction by 2025; and
WHEREAS, an Ordinance in compliance with SB 1383 requirements was adopted by the Town Council on November 10, 2021; and
WHEREAS, the Town is a member of the West Valley Solid Waste Management Authority; and
WHEREAS, the Solid Waste Management Authority has recommended that the Town update its Town Code provisions related to the collection of construction and demolition debris and organic waste; and
WHEREAS, Chapter 1, Article III, “Administrative Citations,” Chapter 11, “Garbage, Refuse, and Weeds,” and Chapter 16, “Noise” are recommended for modification to provide for a nonexclusive process for construction and demolition debris removal process, to update enforcement penalty amounts for non-compliance, and to remove redundancies; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Subsection (a) of Section 1.30.025, “Amounts of Penalties,” of Article III, “Administrative Citations,” of Chapter 1, “General Provisions,” of the Town Code is amended to read as follows:
(a) The amounts of the penalties for code violations imposed pursuant to this Article shall be set forth in the schedule of penalties established by resolution by the Town Council.

SECTION II. Subsection (a) of Section 1.30.035, “Hearing Request,” of Article III, “Administrative Citations,” of Chapter 1, “General Provisions,” of the Town Code is amended to read as follows:

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(a) Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the Town within thirty (30) days from the date of the administrative citation, together with an advance deposit of the total penalty amount or an advance deposit hardship waiver application form as described in Section

1.30.070.

SECTION III. Chapter 11, “Garbage, Refuse, and Weeds,” of the Town Code is amended to read as follows:

DISCARDED MATERIALS, CONSTRUCTION AND DEMOLITION DEBRIS, EXCLUDED WASTE, AND WEEDS1
ARTICLE I. IN GENERAL
SECTION 11.10.010 DEFINITIONS.

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Approved Construction and Demolition Processing Facility means any of the facilities, used to process construction and demolition debris, that have been approved by the Regional agency.

1Cross reference(s)—Animals and fowl, Ch. 4; buildings and building regulations, Ch. 6; fire protection, Ch. 9; food and food establishments, Ch. 10; health and sanitation, Ch. 13; licenses and miscellaneous business regulations, Ch. 14; nuisances, Ch. 17; planning, Ch. 20; sewers and sewage disposal, Ch. 22; streets and sidewalks, Ch. 23; removal of material and refuse upon completion of construction of sidewalks, driveways, curbs and gutters, § 23.40.035; subdivision regulations, Ch. 24; utilities, Ch. 27; zoning regulations, Ch. 29.

State law reference(s)—Garbage and refuse disposal generally, Health and Safety Code § 4100 et seq.; authority to contract for collection and removal of garbage, etc., § 4250.

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the property, whether for-profit or nonprofit, strip mall, or industrial facility, or as otherwise defined in 14 CCR Section 18982(a)(6), with the exception that multi-family is excluded from the definition of commercial business.

Commercial edible food generator includes a Tier one or a Tier two commercial edible food generator as defined in of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

Compliance review means a review of records by the Town to determine compliance with this Article.

Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Chapter, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

Compostable plastic means plastic materials that meet the ASTM D6400 standard for composability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

Container(s) mean bins, carts, and roll-off boxes.

Container contamination or contaminated container means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

County means the County of Santa Clara, California.

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Ordinance Date
C&D hauler means the collection contractor that has been granted the exclusive or nonexclusive rights to collect C&D debris in the Town through the agreement entered into by the collection contractor and the Regional Agency.

Covered project means and includes any project that meets the thresholds set forth in Section

11.60.010.

Dead animals means those animals that die naturally, from disease, or are accidentally killed, but shall not mean condemned animals or parts of animals from slaughterhouses or similar places.

Designee means an entity that the Town contracts with or otherwise arranges to carry out any of the Town's responsibilities pursuant to this Chapter as authorized in 14 CCR Section 18981.2.

A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

Discarded materials means recyclable materials, organic materials, and solid waste discarded by a generator for the purpose of collection and/or self-hauling, excluding excluded waste.

Disposal or dispose (or any variation thereof) means the final disposition of solid waste, or processing residue at a disposal facility.

Edible food means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded.

Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

Enforcement action means an action of the Town or Regional agency to address noncompliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Enforcement entity means an appointed designee for the enforcement of this Chapter. A designee may be the Town enforcement official, Regional agency's enforcement official, county enforcement official, other designee, or a combination or those entities.

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agency's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the Town, its designee, or Regional agency's to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, and household batteries when such materials are defined as allowable materials for collection through the Town’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Town, Regional agency, or exclusive hauler for collection services.

Food distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

Food facility has the same meaning as in Section 113789 of the Health and Safety Code.

Food recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

Food recovery organization means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities. "Food recovery organization" includes, but is not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter.

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Ordinance Date
Food scraps means those discarded materials that will decompose and/or putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) discarded paper (including paper containers and cartons) that is contaminated with food scraps and compostables; (iv) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (v) vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of residential dwellings. Food scraps are a subset of food waste. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

Food waste includes food scraps and food-soiled paper, and includes compostable plastics, unless Town, its designee, Regional agency, or exclusive hauler excludes compostable plastics in the organic materials containers. Food waste is a subset of organic materials.

Generator means any person whose act first causes discarded materials to become subject to regulation under this Chapter of the Town code or under federal, State, or local laws or regulations.

Hauler route means the designated itinerary or sequence of stops for each segment of the Town's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

Health Facility has the same meaning as in Section 1250 of the Health and Safety Code.

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Hotel has the same meaning as in Section 17210 of the Business and Professions Code.

Inspection means a site visit where a Town, its designee, or Regional agency reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

Large venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Chapter.

Local education agency means a school district, charter school, or county office of education that is not subject to the control of Town or County regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

Residential premises with fewer than five (5) dwelling units shall be considered single-family.

MWELO refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

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Notice of violation (NOV) means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

Occupant means the person who occupies a premises.

Organic materials means green waste, food waste, lumber, and wood waste.

Organic materials container has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated organic materials.

Organic waste generator means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

Premises means any land or building in the Town where recyclable materials, organic materials, solid waste, or C&D are generated or accumulated.

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Los Gatos City CouncilMarch 19, 2024

Los Gatos City Council
March 19, 2024