Agenda packet — Los Gatos City Council, April 2, 2024 (part 3 of 3)

ITEM NO. 20.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

Page 9 of 16 ends

(ii) An event sponsored by a non-profit organization with its principal business address in Town; or
(iii) An event sponsored by a public school; or
(iv) An event sponsored by a non-profit organization to which the Town contributes funds; or (v) An event co-sponsored by the Town.
b. If a non-profit organization's event does not qualify under subsection (a), the non-profit organization may submit an application to the Town Planning Director for a temporary sign if the organization can demonstrate to the satisfaction of the Planning Director that the event will occur within Santa Clara County and the proceeds from the event will be used to benefit residents of Los Gatos. The Planning Director shall review the application and determine whether to grant the application based upon whether the proceeds from the event will benefit residents of Los Gatos. If the Director denies the application, the applicant may appeal the decision to the Town Council within ten (10) days of the Director's decision. c. Application. The event sponsor shall submit an application with applicable fee to the Planning Director. The application shall specify the proposed location for each sign for which approval is requested, a calculation of the total sign area proposed and permitted under section 29.10.135, and a description of the sign material and means of posting proposed. d. Conditions of approval.
(i) The sign may not be erected more than fourteen (14) days prior to the event and shall be removed within twenty-four (24) hours after the event.
(ii) TheAn event sign shall be no larger than permitted under section 29.10.135. (iii) No more than a total of three (3) signs per event sponsor shall be allowed in the Town.

Within this limit of three (3) signs, the following restrictions apply:

A. Except as provided under subsection (B) below, no more than one sign per event shall be permitted in the Downtown Area.

Should the event site be located within the Downtown Area, the sign at the event site shall not count against the limitation imposed by subsection (A) above.
(iv) Event signs shall be secured at all four (4) corners to avoid flapping. (v) No temporary structure may be erected for the purpose of displaying an event sign. e. General restrictions.
(i) No more than three (3) event signs in total shall be permitted at any one time within five hundred (500) feet of any intersection in Town.
(ii) The square footage of an event sign shall not exceed the calculation of total sign area permitted under section 29.10.135.
(iii) No more than one sign is permitted on any one property at one time. f. For purposes of this section, "non-profit organization" is defined as:
(i) A non-profit corporation existing under Division 2 of Title 1 of the Corporations Code; or

Page 294 ends

ITEM NO. 20.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

Page 10 of 16 ends

(ii) A non-profit association as defined in Corporations Code section 21000; or (iii) A non-profit corporation existing under the laws of another State governing non-profit corporations and which is permitted to do business in California under California law. g. For the purposes of this section, Downtown Area means the C-2 zone. (5) Construction sSigns on construction sites. On parcels of under one acre, oOne (1) construction (nonilluminated) sign on a zoning plot of not more than thirty-two (32) square feet in total area at each street frontage during the time of construction or remodeling of the property. On parcels of one acre or more, one (1) nonilluminated sign of not more than sixty-four (64) square feet in total area at each street frontage during the time of construction or remodeling of the property. No construction sign shall be erected prior to the issuance of a building permit, and each shall be removed as soon as a certificate of use and occupancy is issued.
(Ord. No. 1316, §§ 3.34.010—3.34.035, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1908, § I, 7-20-92; Ord. No. 1980, § II, 5-23-94)
Sec. 29.10.125. Standards.

The following standards prescribed in this section shall apply to all sign approvals. (1) Copy. Signs are limited to naming the entity and the kind of activity conducted on the premises and products and services offered there. Signs may refer to matters not on the premises only when sections 29.10.105 through 29.10.140 expressly provide. (2) Trade names or logos. Signs may show trade names or logos that are not the name of the entity on the premises, but only when such trade name or logo is that of a product or service which is a major part of the sales or services conducted on the premises.
(3) Compatibility with surroundings. The design, color and location of each sign shall be compatible with the architecture of the buildings on the premises, and in harmony with the structures and other improvements on the property.
(4) Shopping centers. In a shopping center or multi-tenant building, each sign shall be related to the other signs in the same center or building by incorporating at least four (4) of the following six (6) identical elements:
a. Material.
b. Letter style.
c. Color.
d. Illumination.
e. Method used for structural support of attachment.
f. Shape of the entire sign and its components.
(5) Backs and supports. The backs and supports of all signs shall be subdued. (6) Illumination generally. No portion of the surface of any illuminated sign nor any visible lamp illuminating a sign shall have a brightness exceeding one hundred fifty foot-lamberts.

Page 295 ends

ITEM NO. 20.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

Page 11 of 16 ends

(7) Illumination near residential districts. Illuminated signs with a brightness more than thirty footlamberts shall not be erected nearer than fifty (50) feet from any point in a residential district unless the face of the sign is not visible from the residential district. (8) Roof signs. Roof signs must:
a. Be erected only on a roof whose pitch is at least one (1) vertical to four (4) horizontal. b. Have a face no more than two (2) feet measured vertically. c. Be located so the face is parallel to the eave in front of the sign. d. Be set no more than eight (8) inches above the roof. e. Be designed and erected so that no part of its face is higher than either the peak or an elevation five (5) feet above the eave in front of the sign.
f. Have architecture and site approval.

Architecture and site approval may only be issued on the basis of findings that a wall sign is not feasible because the wall of the building is set back beneath and obscured by the porch or roof overhang which is an extension of and integral with the sloping roof of the building, and that the sign cannot be suspended between posts or columns supporting the roof without obstructing safe passage for pedestrians.
(9) Projecting signs. Projecting signs shall not project more than thirty-six (36) inches from the wall of a building nor more than twelve (12) inches into any public right-of-way. The projection is measured on a line perpendicular to the wall. All projecting signs which project over a walkway or public right-of-way shall have a clearance of nine (9) feet above grade.
(10) Signs suspended from a marquee. All signs suspended from a single marquee shall be uniform in size, shape, placement and background color. Such signs shall have a clearance of at least eight (8) feet above grade.
(11) Signs for theaters. The traditional methods of theater advertising require a unique type of sign program so the size, location, and number of signs, including attraction boards for a theater, are subject only to the limitations and provisions in the conditional use permit for the theater. Whenever a theater is operated lawfully but has no conditional use permit the signs of that theater which have been erected on or before the effective date of this chapter are nonconforming signs and a conditional use permit authorizing the signs must be obtained or the signs must be abated in the manner provided in section

29.10.140.
(Ord. No. 1316, §§ 3.35.010—3.35.065, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1460, 3-3- 80)
Sec. 29.10.130. Signs which may be erected in all zones.

A sign permit is required for the signs described in this section. The number and area of such signs are regulated only by this section and they are allowed in addition to signs of other classes. (1) Directional signs (vehicular). Nonilluminated vehicular directional signs showing the direction to or location of the civic center, hospitals, public parking lots, and any publicly owned facility. A sign showing the direction to a private facility that serves the general public (other than a church) may also be permitted upon findings by the Planning Director that there is a public interest in making the facility easy to find; that the public would have great difficulty finding the facility without a sign; and that the sign would not have a detrimental effect on the neighborhood. Signs erected under this section may be

Page 296 ends

ITEM NO. 20.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

Page 12 of 16 ends

erected in the public right-of-way by express permission, but shall in all cases meet the following requirements:
a. The sign must be located on an arterial street.
b. The sign shall not exceed six (6) square feet in area, nor a height of ten (10) feet. c. The sign shall be erected at least one hundred (100) feet from any other directional sign. (2) Directional signs (pedestrian). For each customer entrance, one (1) nonilluminated pedestrian directional sign which does not exceed one (1) square foot in area. (3) Bulletin boards. Bulletin boards not exceeding eighteen (18) square feet in area, nor height of six (6) feet, when located on the premises of, and used solely in connection with activities of a church, school or public building.
(4) Community bulletin boards and kiosks. Community-oriented bulletin boards and kiosks, including service club directories, may be located on public property after review and approval as provided by sections 29.20.745 and 29.20.755.
(Ord. No. 1316, §§ 3.37.010—3.37.025, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21-77; Ord. No. 1519, 10- 26-81)
Sec. 29.10.135. Zone regulations.
(a) Scope. This section specifies the signs which may be erected in each zone, other than signs which by the express provisions of this chapter may be erected in all zones. Except where this section specifies, nonconforming uses shall have only those signs allowed for the zone and not signs which might otherwise be allowed for similar uses in other zones.
(b) Residential zones. In residential zones (defined by section 29.40.010) the following signs may be erected:

Land Use Class of Sign Number
of Signs
Total
Area

1. Multiple Family Developments:
a. Less than 10
units
wall signs one per lot
frontage
18 sq. ft.
b. 10 units or
more
wall signs one per lot
frontage
24 sq. ft.

2. Authorized Nonresidential Uses
(including recreational activities,
schools, churches, public utilities,
lawful nonconforming uses, etc.)
ground signs one per zoning
plotparcel
24 sq. ft.
wall signs one per lot
frontage
24 sq. ft.

Page 297 ends

ITEM NO. 20.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

Page 13 of 16 ends

for each zoning plotparcel. The following paragraph applies to all nonresidential zones. The numbered rules apply only where the table so indicates. The maximum sign area for attached signs on any frontage may not exceed the area derived from the calculation for that frontage. Attached signs may be erected on any wall of the building, however, the area of a sign on a wall that is not a business frontage may not exceed twenty-five (25) percent of the sign area predicated on the primary business frontage. In addition, signs cannot be erected on a nonbusiness frontage wall if the zoning plotparcel is contiguous to a residential zone and if the wall faces that zone.
(1) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one (1) square foot for each lineal foot of secondary business frontage provided that the sign area generated by each secondary business frontage cannot exceed fifty (50) percent of the sign area generated by the primary business frontage.
(2) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one-half square foot for each lineal foot of secondary business frontage. (3) For vehicle sales the area of freestanding signs is not restricted by any rule limiting total sign area on the zoning plotparcel.
(4) The total area of all signs on a zoning plotparcel shall not exceed one (1) square foot of sign area for each lineal foot of lot frontage.
(5) The total area of all signs on a zoning plotparcel is limited to the area derived from the business frontage calculation.
(6) For shopping centers the area of a ground sign is not restricted by any rule limiting total sign area on the zoning plotparcel.
(7) For shopping centers the area of a freestanding sign is not restricted by any rule limiting total sign area on the zoning plotparcel.
(8) The area of time and temperature signs is not restricted by any rule limiting total sign area. (9) The area of any attraction board shall be included in the calculation of the area of signs of the same class and in the calculation of the total area of signs on a zoning plotparcel.

Page 298 ends

ITEM NO. 20.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

Page 14 of 16 ends

(d) Planned development overlay zone. The signs shown on the official development plan referred to in division 2 of article VIII of this chapter may be erected in the PD zone. (Ord. No. 1316, §§ 3.38.010—3.38.040, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1363, 8-1- 77; Ord. No. 1375, 11-21-77; Ord. No. 1446, 11-19-79)
Sec. 29.10.140. Nonconforming signs.
(a) Scope. This section regulates the use and removal of nonconforming, unlawful, and abandoned signs. (b) Modifications to nonconforming signs. The following modifications to nonconforming signs are allowed:
(1) Changes in sign copy.
(2) Modifications that reduce the extent to which the sign does not comply with this chapter.

Page 299 ends

ITEM NO. 20.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

Page 15 of 16 ends

No modification of a nonconforming sign shall have any effect on the length of the amortization period for the sign.
(c) Record of nonconforming signs. The Planning Director shall prepare a list of all signs in the Town which are nonconforming signs.
(d) Mailing of notices. The Planning Director shall mail a notice by certified return receipt mail to the occupant business, if known, and to the owner (as shown on the last equalized assessment roll) of the land where each nonconforming sign is located. The notice shall contain:
(1) A description of the land where the sign is located and a description of the sign, both in terms reasonably sufficient for the owner to identify the sign. (2) A statement that the sign is a nonconforming sign.
(3) The applicable date for removal of the sign under the provisions of subsection (f).

Information concerning more than one (1) sign, and information concerning separate amortization dates for different characteristics of one (1) or more single signs, separately stated, may be included in a single notice. If the Planning Director subsequently learns that for any reason notice has not been given in a timely manner, or that notice given is defective in any way, the Planning Director shall promptly mail a proper notice to the occupant and owner, even if the regular time for notification has expired. Notice mailed after the time required by this subsection meets the requirements of subsection (e) and is effective to start the time period provided in subsection (f).
(e) Effect of mailing of notices. Notice mailed as provided in subsection (d) is deemed to be notice to the owners of nonconforming signs and to all persons having any right, title or interest therein. The mailing of notices is intended as a convenience to sign owners. However, no failure to give notice shall invalidate any proceeding to enforce this chapter to abate any sign, or to punish any sign violation. (f) Duration of nonconforming signs. A nonconforming sign which becomes nonconforming shall be a nonconforming sign for the applicable period shown on the following schedule:
(1) Painted on wall signs, excessive brightness of signs, roof signs, signs suspended from a marquee: two (2) years.
(2) Freestanding signs, wall signs, projecting signs and all signs not otherwise specified in this section: five (5) years.
(3) Signs where total area of all signs on a building or zoning plotparcel exceed permitted area: five (5) years.
(g) Notification and other procedures concerning subsequent nonconforming signs. Within six (6) months of the date when a sign described in subsection (f) becomes a nonconforming sign, the Planning Director shall add the sign to the list of nonconforming signs and mail notices in the manner specified in subsection (d), and such notices shall have the same effects as the notices provided for other nonconforming signs. (h) Extension of nonconforming sign status. During the deliberations on the provisions of this chapter concerning signs, it was determined that this chapter should not include provisions for granting extensions of nonconforming status since the basic periods for nonconforming status were extended by the same number of years originally proposed for allowable extension.
(i) Removal of unlawful signs. Any sign erected or maintained contrary to the provisions of this division or any other ordinance of the Town including unlawfully erected signs, and formerly nonconforming signs whose nonconforming status has terminated, is in its entirety an unlawful sign. The provisions of sections 29.20.950 and 29.20.955 are applicable to unlawful signs, and to those who erect or maintain them.

Page 300 ends

ITEM NO. 20.

Created: 2023-08-21 16:16:41 [EST]
(Supp. No. 92)

Page 16 of 16 ends

(j) Abandoned signs. The owner must have all copy removed from an abandoned sign and the sign shall remain blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of one (1) year the owner shall remove the sign and any appurtenant structures. (k) Maintenance. All signs shall be maintained and kept in repair and shall be painted and repainted at reasonable intervals. If the owner fails to comply, after ten (10) days' written notice by the Planning Director, or duly appointed deputy, to so maintain such signs, the Planning Director shall have the sign removed at the owner's expense.
(Ord. No. 1316, §§ 3.39.010—3.39.070, 6-7-76; Ord. No. 1380, 1-23-78)

Page 301 ends

ITEM NO. 20.

Page 1 of 18 ends

Draft Ordinance Date Adopted
ATTACHMENT 2

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” ARTICLE I, “IN GENERAL,” DIVISION 3, “SIGNS,” OF THE TOWN CODE REGARDING SIGN REGULATIONS WHEREAS, the Town’s Sign Ordinance is codified at Sections 29.10.100 through 29.10.140 of the Town Code and was most recently amended in 1994; and WHEREAS, since then, court decisions on the topic of the First Amendment and freedom of speech have been issued, including Reed v. Gilbert, 576 U.S. 155 (2015) in which the court overturned a local ordinance that imposed content-based sign regulations; and WHEREAS, the Town’s Sign Ordinance currently includes content-based regulations for several types of temporary signs; and
WHEREAS, the Town Council wishes to amend the Town Code to comply with State Law and make as minimal edits as possible; and
WHEREAS, the Planning Commission at its meeting on February 28, 2024, reviewed the proposed amendments to the Town Code regarding sign regulations and forwarded recommendations to the Town Council to revise the Ordinance which are incorporated below; and
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

The following sections of the Town Code are amended to read as follows:

SECTION I. Section 29.10.100, “Definitions,” of the Town Code is amended to read as follows:

Section 29.10.100. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means a sign located on a parcel of land or on a structure either of which is vacant for a period of ninety (90) days, a sign pertaining to a past occupant or business different from the present occupant of or business on the premises, a sign pertaining to a past event or any sign abandoned as the term is used in state law.

Arcade means a covered passageway with business establishments along at least one (1) side.

Page 302 ends

ITEM NO. 20.

Page 2 of 18 ends

Draft Ordinance Date Adopted
Attached sign means a sign which is affixed to and made an integral part of a building or structure. Attached signs include, but are not limited to wall signs, roof signs, and projecting signs, to distinguish them from freestanding and ground signs.

Attraction board is a sign constructed so that letters or other advertising material can be changed, and which relates to businesses or organizations which depend, on a large part, upon trade and attendance generated by temporary, independent and frequently changing events or showing, such as those engaged in providing live or filmed entertainment or sporting events.

Awning is synonymous with marquee.

Billboard means a sign, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a place other than where the sign is erected. Included are signs erected upon benches.

Bulletin board is a sign located on the same premises as a church, school, hospital, or public building, and allowing changeable messages.

Business frontage is that portion of a building which faces a street, parking lot, pedestrian mall, arcade or walkway. The primary business frontage is one which contains a customer entrance or which includes a glass-enclosed showroom facing the street. If a building has more than one (1) business frontage with a customer entrance, the property owner must designate one (1) of them as the primary business frontage. Unless otherwise stated, the phrase "business frontage" means "primary business frontage." All other business frontage is secondary frontage. As used in this section, "parking lot" means either a publicly owned and operated parking lot or a parking lot located on the same parcel as the business frontage.

Canopy is synonymous with marquee.

Conformance means the state of being in conformity with the provisions of this division, either because of reconstruction or modification pursuant to a sign permit, or because of removal or obliteration.

Construction sign is a sign located on a construction site during the course of construction, which identifies the architects, engineers, contractors, financiers or other persons and other individuals or firms involved with the construction, or announcing the building, enterprise or function for which the construction is intended.

Convenience sign is a sign which facilitates traffic flow and safety, not erected by a governmental agency, such as entrance-exit, caution, parking, right or left turns only, stop, drive-up window, or towaway zone.

Entity means any person and any distinct business enterprise even where adjacent business enterprises are owned or operated by a single person.

Erect means to construct, place, relocate, enlarge, alter, attach, suspend, paint, post, display, hang, or affix.

Face of a sign is the portion or portions of the exterior surface of a sign intended to or particularly adapted either to display an advertising message or to attract attention to the sign.

The face of a sign is often the front, but may be any surface including a rear or blank portion. A

Page 303 ends

ITEM NO. 20.

Page 3 of 18 ends

Draft Ordinance Date Adopted
sign may have more than one (1) face and may be virtually all face. The fact that no message is imprinted on a portion of a sign does not necessarily prevent that portion from being a face, as in the case of a flat sign erected near and perpendicular to a street. Such sign would have two (2) faces even if one (1) were blank. In determining what constitutes a sign face, weight will be given to whether the particular aspect in question is readily viewable from public property or any premises other than those where the sign is erected, but a sign face may exist even where the face is visible only from some part of the premises where the sign is erected if the face is viewable from out-of-doors and the other elements of the definition of face are present.

Usually, all of one (1) face is visible from one (1) point. Where, for example, several "boards" of a sign are erected on a single plane or parallel planes, they together comprise one (1) face, and are measured within a single perimeter, including the spaces between them.

Freestanding sign is a sign which is wholly or partly supported by a structural element which is not an integral part of a building.

Ground sign is a freestanding sign less than seven (7) feet high.

Height of a freestanding sign is the elevation above finished grade of the highest point of either the sign or the stand, poles, wall or other structure upon which it is mounted. Finished grade is the general finished ground surface where the sign is erected, not taking into account mounding or other alterations to the surface made in regard to the sign. However, where finished grade is below the elevation of the top of the curb on the frontage where the sign is erected, or if there is no curb below the elevation of the margin of the street surface, height is the elevation above the top of the curb, or at the margin of the street surface if there is no curb. The point on the curb or the margin of the street surface to be used as a base point for measurement is the point intersected by a line drawn perpendicular to the centerline of the street which intersects the center of the base of the sign.

Lot frontage means the property line of a lot abutting on a public street which affords access to the lot. In the case of a corner lot and other lots which are bordered on more than one (1) side by a street, lot frontage is the lot line in respect to which the business for which the sign is provided has its primary business frontage.

Marquee means a temporary or permanent structure attached to or supported by a building, designed for shelter over a pedestrian or vehicular way and which may or may not project over public property.

Neighborhood identification sign is a ground sign situated where a street enters a residential neighborhood, which serves only to identify the neighborhood.

Nonconforming sign is one which was lawfully erected but which does not comply with this division because of:
(1) Annexation of territory to the Town;
(2) Amendment to the zoning ordinance;
(3) Rezoning, other than rezoning when the application for rezoning is made by or joined in by the owner of the real property where the sign is located.

Page 304 ends

ITEM NO. 20.

Page 4 of 18 ends

Draft Ordinance Date Adopted
However, a sign which was lawfully erected but which does not comply with this division because of:
(1) Division of real property where the sign is located; (2) Alterations to any building on the lot or parcel where the sign is located; or (3) Rezoning, when the application for rezoning was made by or joined in by the owner of the real property where the sign is located;
is not a nonconforming sign. A sign may be a nonconforming sign because of a single characteristic, such as height or brightness, correction of which may result in conforming status for the sign, or a new amortization date. This section does not list all classes of signs which are not nonconforming signs.

Off-premises sign is any sign not located on the same parcel as the entity it advertises.

Pedestrian directional sign is an on-premises sign which shows the direction to or location of a customer entrance to a business.

Portable sign is a sign which is movable, not structurally attached to the ground, nor to a building, structure, or sign. "A"-frame and sandwich signs are portable signs.

Projecting sign is any sign erected on the wall of a building or structure, or suspended from an overhang, with display surfaces generally not parallel to the wall.

Roof sign is an attached sign erected on a roof or projecting above the eave or rake of a building or coping of a parapet. A sign erected on top of a canopy, arcade, awning or marquee is a roof sign.

Sign is any thing, or element of a thing, located out of doors or in a place where it is visible from out of doors, created, adapted, or installed, by a person for the primary and apparent purpose of communicating a message, and may include supports, standards and fixtures. A color scheme or special lighting effect on the exterior of a building is a sign where the placement of the colors or lighting effect in relation to the building create a primary effect of advertising. Exceptions:
(1) Merchandise on display is generally not a sign because merchandise is ordinarily possessed for the primary purpose of permitting sales from stock on hand. A merchandise display located at a distance from the point of sale or displayed in the unusual manner might constitute a sign.
(2) A structural element of a building or the supports, standard, or fixtures of a sign would not be a sign where the element is related to reasonable structural necessity, and the circumstances show that the element is not intended to be identified by viewers with the sale or promotion of goods or services. (3) Nighttime, white illumination, within reasonable brightness limitations, of a building or of merchandise is not of itself a sign, where the result is only to make visible without undue emphasis that which can be seen in the daytime.

Page 305 ends

ITEM NO. 20.

Page 5 of 18 ends

Draft Ordinance Date Adopted
Sign area is the total area of the face or faces of a sign. Each face is measured by determining the smallest area within a single perimeter composed of not more than eight (8) straight lines drawn by the applicant enclosing the extreme limits of the face. Where a sign consists of letters or symbols on a wall, the wall is not designed so that one (1) of its main purposes is to support a sign, and the sign's background is an indistinguishable part of a wall.

For the purposes of measurement a six-inch margin around all of the words and symbols will be included in the perimeter composed of not more than eight (8) straight lines.

Sign permit is the permit issued by the Planning Director to evidence approval by any of the bodies or person authorized by this division to erect a sign.

Temporary sign is a sign, usually constructed of cloth or fabric, cardboard, wallboard, wood or other light materials, intended to be displayed for fewer than 90 days or a short period of time as set forth elsewhere in this Division. Examples of temporary signs are yard signs, for sale signs, for rent signs, flags, balloons, and banners.

Time and temperature sign is a sign which shows time and/or temperature and which contains no advertising.

Vehicular directional sign is an off-premises sign which shows the direction to or location of a use or activity.

Wall is a surface which has a slope steeper than one (1) foot horizontal to two (2) vertical.

Wall sign is a sign erected on a wall or fascia of a building or structure (other than a structure, one (1) of whose main purposes is to support a sign), the face of which is generally parallel to the wall or fascia and all of which is below the coping of the parapet, below the rake, the top of the fascia, the eave line, or in any event, below the top of the structure. A sign which meets the definition of this section but is erected between posts, pillars, or columns which support a roof or second story, rather than on a wall, is also a wall sign. A sign which is erected on and incidental to a freestanding wall or fence, including any gateway portion of a wall or fence, is also a wall sign.

Window sign is a sign which is displayed in or through a window, is less than twenty-four (24) inches inside glass, and is visible from a street, walkway, parking lot, or pedestrian plaza, any of which is accessible to the public.

Yard sign is a temporary freestanding sign that is supported by a frame, pole, or other structure placed directly in or upon the ground on private property.

SECTION II. Section 29.10.105, “Generally,” of the Town Code is amended to read as follows:

Section 29.10.105. Generally.
(a) Application. The regulations in this Division apply to all signs in all zones. Regulations of the number and area of signs refer to the signs allowed on a parcel, except where the regulations prescribe the number and area of signs allowed on a business frontage.

Page 306 ends

ITEM NO. 20.

Page 6 of 18 ends

Draft Ordinance Date Adopted
(b) Intent. The intent of this Division is as follows:
(1) The Town is a predominantly residential community of natural beauty, distinctive architecture and historic character. The economic stability of the Town is dependent upon its high quality and Town-oriented, commercial and residential environment.

Unregulated and uncontrolled erection and maintenance of advertising structures tends to create a garish and gaudy atmosphere which is not in harmony with the character and environment of the business or residential community. (2) The purpose of a sign is to inform the general public that a business enterprise and function exists in the Town.
(3) This Chapter recognizes the right of the public to be directed, warned, advised, and informed; and also recognizes the economic need for a sign to function as a means of identification, expression of business character, and positive notification of product and service availability for consumption.
(4) This Chapter regulates the location, height, width, shape, proportion, design, illumination and construction (except as provided by building codes) of signs for the purpose of insuring that they are architecturally compatible with the planned image of the Town.
(5) The purpose of this Chapter is to assist in the continuation of existing and introduction of new commercial activities in architectural harmony with the existing and planned Town, to take advantage of the unusual character of the Town and to encourage proper maintenance and rehabilitation of real property. To accomplish this:
a. Local public values must be balanced with general public rights and economic functions related to signs.
b. The size of a sign must be prevented from overpowering its surroundings or becoming a determinant factor in consumer evaluation of competitive enterprises.
c. The shape of a sign must not conflict with the architectural lines of its setting. d. A sign must be prevented from overpowering its surroundings through hue, saturation, and brilliance or close combination of incompatible colors. e. Normal maintenance and speedy repair is required for all signs. (c) Permits. Sign permits must be obtained before erection of all signs, except as provided by section 29.10.110. A building permit may be required by another ordinance. (d) Variances. The provisions of this Chapter concerning variances are not available to modify the terms of this division.
(e) Authority to erect. No sign shall be erected without the express permission of the landowner. A lease to a lessee would be sufficient evidence of the authority to erect a sign.

Page 307 ends

ITEM NO. 20.

Page 7 of 18 ends

Draft Ordinance Date Adopted
(f) Noncommercial Signs. Notwithstanding any provision of this Section, signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs.

SECTION III. Section 29.10.110, “Exceptions,” of the Town Code is amended to read as follows:

Section 29.10.110. Exceptions.

A sign permit is not required for the signs described in this Section. The number and area of these signs are regulated only by this Section and they are allowed in addition to signs of other classes.
(1) House numbers, traffic, etc. House numbers, street names, signs warning against danger, railroad crossing signs, authorized traffic or parking signs and rural delivery boxes.
(2) Nameplates. Nameplates having an area not over one and one-half (1½) square feet, affixed flat against the wall of a building, which only show the name or address of a person or persons or entity occupying the area, up to a limit of six (6) plates per building.
(3) Building directories. Building directories for buildings with more than six (6) tenants, the sign having an area not over nine (9) square feet, affixed flat against the wall of a building, which only show the name or address of the persons or entitles occupying the building.
(4) Plaques. Solid metal plaques or cut inscriptions, either erected by recognized historical agencies, or which show names of buildings and dates of erection, provided the sign does not exceed four (4) square feet in area.
(5) Temporary Sign.
a. On Fence or Building. One (1) nonilluminated sign on each street frontage for any fence or building where the sign is located, provided the sign does not exceed twelve (12) square feet in area if the sign is in a commercial, professional or industrial zone, or six (6) square feet in area if the sign is in a residential zone. This exception is only available when all or part of the premises is actually available for sale or lease. b. At Intersection or on Parcel. Nonilluminated, off-site, portable signs are permitted, unlimited in total number, but limited to one (1) double-faced sign per corner of an intersection or parcel. The signs shall not exceed an area of one (1) square foot per face and shall not be more than four (4) feet high Prior permission shall be obtained from the property owner if the sign is to be placed on a privately owned parcel. The signs shall be removed each day. Such signs are an exception to the rule prohibiting off-premises signs and signs on public property. (6) Interior signs. Signs in the interior of a building, enclosed lobby or court, not visible from the outside and signs not visible from off the premises.

Page 308 ends

ITEM NO. 20.

Page 8 of 18 ends

Draft Ordinance Date Adopted
(7) Convenience signs. Convenience signs not exceeding two (2) square feet in area providing directions only. Exception: Hospital emergency signs may be as large as four (4) square feet and may be illuminated.
(8) No trespassing signs. "No trespassing" or "no dumping" signs not exceeding three (3) square feet in area.
(9) Window signs. Window signs not exceeding twenty-five (25) percent of the window area.
(10) Parking signs. Not more than one (1) parking control sign for each parking entrance, not exceeding an area of two (2) square feet. Parking control signs may contain the name(s) of the business(es) controlling the parking lot. (11) Public notices and warnings. Notices posted by a public officer in the performance of a public duty, or by any person for the purpose of giving legal notice, and warning or informational signs required or authorized by governmental regulations. (12) Recycling and vending facilities. Recycling and vending facility signs shall not exceed two (2) square feet, plus one (1) square foot for every one hundred (100) square feet of facility or machine in excess of one hundred (100) total square feet of floor area. (13) Other public agency signs. Street signs, traffic signs, emergency warnings, and the like erected by a public agency.
(14) Special event signs. Any sign permitted by a special event permit issued under Article X of Chapter 14 of this Code.
(15) Temporary signs. With the exception of yard signs, any number of temporary signs, either freestanding or attached, is permitted, limited to a total sign area not exceeding six (6) square feet in residential zones and eighteen (18) square feet in other zones. There is no limit on the number of yard signs, but no yard sign shall exceed six square feet in size. All persons who erect temporary signs, including yard signs, or who own or control the premises where temporary signs are erected, are jointly and severally responsible to remove such signs after ninety (90) days or as otherwise set forth in this Division.

SECTION IV. Section 29.10.115, “Prohibited signs,” of the Town Code is amended to read as follows:

Section 29.10.115. Prohibited signs.

Except as otherwise provided in this Chapter, the signs described in this Section are prohibited.
(1) Lighted signs. Lighted signs that flash on and off, fluctuate or appear to move. (2) Moving signs. Signs that rotate or move in any fashion, except barber poles.

Page 309 ends

ITEM NO. 20.

Page 9 of 18 ends

Draft Ordinance Date Adopted
(3) Excessively bright signs. Lighted signs whose brightness is detrimental to the reasonable enjoyment of surrounding property or are a traffic hazard. (4) Obstructing signs generally. Signs which prevent free use of a door, window or fire escape, or obstruct the view from any living area in the building to which the sign is attached.
(5) Signs obstructing standpipes, etc. Signs attached to a standpipe or fire escape. (6) Signs obstructing traffic devices. Signs located so as to obstruct the view of a traffic sign, signal, or device.
(7) Confusing signs. Signs which might be mistaken for or confuse the viewers of a traffic light or a signal.
(8) Posters. Placards, posters, announcement and similar signs erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object in a public thoroughfare, except those of an official nature as provided in Section 29.10.110(11). (9) Portable signs. Portable signs and signs erected on parked vehicles or trailers, when such vehicles or trailers are parked in such a location or manner that it is clear the intention is to advertise the services of a business.
(10) Freeway signs. Signs erected for the dominant purpose of being seen by travelers on a freeway.
(11) Off-premises signs. Off-premises signs, except those authorized by sections

29.10.110(5), (15), 29.10.120(2), (4), and 29.10.130(1). (12) Indecent signs. Signs containing matter which is obscene under State law. (13) Projected light signs. Signs which are flashed or projected onto walls or other structures by means of a projector or other device.
(14) Billboards. Any billboard sign.
(15) Temporary signs in Portions of the Public Right of Way. Temporary signs in the median of the public right of way or the portion of the right of way between the road and the sidewalk.
(16) Unauthorized signs. Any sign not specifically authorized in Sections 29.10.110,

29.10.120 and 29.10.130.

SECTION V. Section 29.10.120, “Temporary signs,” of the Town Code is amended to read as follows:

Section 29.10.120. Temporary Signs Requiring Permits.

Every sign described in this Section, regardless of the manner of its construction, is a temporary sign. The number and area of such signs are regulated only by this Section and are in addition to the allowed number and area for other classes of signs.

Page 310 ends

ITEM NO. 20.

Page 10 of 18 ends

Draft Ordinance Date Adopted
(1) On Premises Sign Erected by Business. Temporary signs erected on premises of a business are permitted for up to forty-five (45) calendar days. The total area of temporary signs may be equal to or less than the total sign area permitted for the business by Section 29.10.135. The permit shall state the maximum sign area allowed and the date the sign is to be removed as set by the erector or this Chapter, whichever is more restrictive.
(2) On Premises of Subdivision. Nonilluminated, on-site signs on property which has received subdivision or development approval from the Town, from that approval until issuance of a building permit for the last lot to be sold or completion of the development project, are permitted, limited to one (1) double-faced sign not exceeding an area of twenty-five (25) square feet per face, placed at a right angle to the street, or two (2) single-faced signs not exceeding an area of twenty-five (25) square feet each placed parallel to a street. The signs shall not be more than fifteen (15) feet high and shall be erected at least fifteen (15) feet from a street right-of-way line. Up to four additional signs are permitted in residential subdivisions. Additional signs shall have an area not exceeding three (3) square feet, nor a height of more than four (4) feet. One off-premises signs erected by subdividers which are not located on a major arterial street as defined by the Town general plan is permitted. The sign shall not exceed eighteen (18) square feet in area, shall not be more than fifteen (15) feet high and shall be erected at least fifteen (15) feet from a street right-of-way line and shall be in a commercial or industrial zone. Such signs may be erected for up to 90 days. Off-premises signs erected by subdividers are an exception to the rules prohibiting billboards and off-premises signs.
(3) Sign Erected on Commercial, Office, or Industrial Development for Sale or Lease. One (1) single-faced sign on property for sale or lease of a commercial, office, or industrial development to be built in the future. The sign shall not have an area exceeding twenty (20) square feet, shall not be more than fifteen (15) feet high, and shall be erected parallel to a street, at least fifteen (15) feet from a street right-of-way line.

The sign shall not be erected for over 90 days.
(4) Sign Erected by Special Event Sponsor.
a. Subject to the conditions of this Section, a permit may be issued to the sponsor of a civic, political, charitable, cultural, recreational, educational or religious event as follows:
(i) An event in town sponsored by a non-profit organization; or (ii) An event sponsored by a non-profit organization with its principal business address in Town; or
(iii) An event sponsored by a public school; or
(iv) An event sponsored by a non-profit organization to which the Town contributes funds; or
(v) An event co-sponsored by the Town.

Page 311 ends

ITEM NO. 20.

Page 11 of 18 ends

Draft Ordinance Date Adopted
b. If a non-profit organization's event does not qualify under subsection (a), the non-profit organization may submit an application to the Town Planning Director for a temporary sign if the organization can demonstrate to the satisfaction of the Planning Director that the event will occur within Santa Clara County and the proceeds from the event will be used to benefit residents of Los Gatos. The Planning Director shall review the application and determine whether to grant the application based upon whether the proceeds from the event will benefit residents of Los Gatos. If the Director denies the application, the applicant may appeal the decision to the Town Council within ten (10) days of the Director's decision.
c. Application. The event sponsor shall submit an application with applicable fee to the Planning Director. The application shall specify the proposed location for each sign for which approval is requested, a calculation of the total sign area proposed and permitted under section 29.10.135, and a description of the sign material and means of posting proposed.
d. Conditions of approval.
(i) The sign may not be erected more than fourteen (14) days prior to the event and shall be removed within twenty-four (24) hours after the event. (ii) The sign shall be no larger than permitted under section 29.10.135. (iii) No more than a total of three (3) signs per event sponsor shall be allowed in the Town. Within this limit of three (3) signs, the following restrictions apply:

A. Except as provided under subsection (B) below, no more than one sign per event shall be permitted in the Downtown Area.

B. No more than one sign shall be permitted at the event site. Should the event have a number of locations or not have a fixed location, the event site sign shall be placed within five hundred (500) feet of the beginning or end of the event. Should the event site be located within the Downtown Area, the sign at the event site shall not count against the limitation imposed by subsection (A) above. (iv) Event signs shall be secured at all four (4) corners to avoid flapping. (v) No temporary structure may be erected for the purpose of displaying an event sign.
e. General restrictions.
(i) No more than three (3) event signs in total shall be permitted at any one time within five hundred (500) feet of any intersection in Town. (ii) The square footage of an event sign shall not exceed the calculation of total sign area permitted under Section 29.10.135.

Page 312 ends

ITEM NO. 20.

Page 12 of 18 ends

Draft Ordinance Date Adopted
(iii) No more than one sign is permitted on any one property at one time. f. For purposes of this section, "non-profit organization" is defined as:
(i) A non-profit corporation existing under Division 2 of Title 1 of the Corporations Code; or
(ii) A non-profit association as defined in Corporations Code Section 21000; or (iii) A non-profit corporation existing under the laws of another state governing non-profit corporations and which is permitted to do business in California under California law.
g. For the purposes of this section, Downtown Area means the C-2 zone. (5) Signs on construction sites. On parcels of under one acre, one (1) nonilluminated sign of not more than thirty-two (32) square feet in total area at each street frontage during the time of construction or remodeling of the property. On parcels of one acre or more, one (1) nonilluminated sign of not more than sixty-four (64) square feet in total area at each street frontage during the time of construction or remodeling of the property. No construction sign shall be erected prior to the issuance of a building permit, and each shall be removed as soon as a certificate of use and occupancy is issued.

SECTION VI. Section 29.10.135, “Zone regulations,” of the Town Code is amended to read as follows:

Page 313 ends

ITEM NO. 20.

Page 13 of 18 ends

Draft Ordinance Date Adopted
Section 29.10.135. Zone regulations.
(a) Scope. This Section specifies the signs which may be erected in each zone, other than signs which by the express provisions of this Chapter may be erected in all zones. Except where this Section specifies, nonconforming uses shall have only those signs allowed for the zone and not signs which might otherwise be allowed for similar uses in other zones. (b) Residential zones. In residential zones (defined by Section 29.40.010) the following signs may be erected:

Land Use Class of Sign Number
of Signs
Total
Area

1. Multiple Family
Developments:
a. Less than 10
units
wall signs one per lot
frontage
18 sq. ft.
b. 10 units or
more
wall signs one per lot
frontage
24 sq. ft.

2. Authorized Nonresidential
Uses (including recreational
activities, schools, churches,
public utilities, lawful
nonconforming uses, etc.)
ground signs one per parcel 24 sq. ft.
wall signs one per lot
frontage
24 sq. ft.

3. Neighborhood Identification
Signs (only for
neighborhoods with an area
of 3 acres or more)
ground signs number and
location subject
to
determination
by the deciding
body
24 sq. ft.
(c) Nonresidential zones. The rules for nonresidential zones (defined by Section 29.50.010) are specified in this Section, and by number in the following list, table and footnotes. Rules 1 and 2 govern the calculation of the area of attached signs for each entity. Rules 3 through 9 govern the calculation of the total area of all signs for each parcel. The following paragraph applies to all nonresidential zones. The numbered rules apply only where the table so indicates. The maximum sign area for attached signs on any frontage may not exceed the area derived from the calculation for that frontage. Attached signs may be erected on any wall of the building, however, the area of a sign on a wall that is not a business frontage may not exceed twenty-five (25) percent of the sign area predicated on the primary business frontage. In addition, signs cannot be erected on a nonbusiness frontage wall if the parcel is contiguous to a residential zone and if the wall faces that zone.

Page 314 ends

ITEM NO. 20.

Page 14 of 18 ends

Draft Ordinance Date Adopted
(1) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one (1) square foot for each lineal foot of secondary business frontage provided that the sign area generated by each secondary business frontage cannot exceed fifty (50) percent of the sign area generated by the primary business frontage. (2) Allowed sign area is one (1) square foot for each lineal foot of primary business frontage plus one-half square foot for each lineal foot of secondary business frontage. (3) For vehicle sales the area of freestanding signs is not restricted by any rule limiting total sign area on the parcel.
(4) The total area of all signs on a parcel shall not exceed one (1) square foot of sign area for each lineal foot of lot frontage.
(5) The total area of all signs on a parcel is limited to the area derived from the business frontage calculation.
(6) For shopping centers the area of a ground sign is not restricted by any rule limiting total sign area on the parcel.
(7) For shopping centers the area of a freestanding sign is not restricted by any rule limiting total sign area on the parcel.
(8) The area of time and temperature signs is not restricted by any rule limiting total sign area.
(9) The area of any attraction board shall be included in the calculation of the area of signs of the same class and in the calculation of the total area of signs on a parcel.

Page 315 ends

ITEM NO. 20.

Page 15 of 18 ends

Draft Ordinance Date Adopted
(d) Planned development overlay zone. The signs shown on the official development plan referred to in Division 2 of Article VIII of this Chapter may be erected in the PD zone.

SECTION VII. Section 29.10.140, “Nonconforming signs,” of the Town Code is amended to read as follow
Section 29.10.140. Nonconforming signs.
(a) Scope. This section regulates the use and removal of nonconforming, unlawful, and abandoned signs.
(b) Modifications to nonconforming signs. The following modifications to nonconforming signs are allowed:
(1) Changes in sign copy.

Page 316 ends

ITEM NO. 20.

Page 16 of 18 ends

Draft Ordinance Date Adopted
(2) Modifications that reduce the extent to which the sign does not comply with this chapter.

However, no failure to give notice shall invalidate any proceeding to enforce this chapter to abate any sign, or to punish any sign violation.
(f) Duration of nonconforming signs. A nonconforming sign which becomes nonconforming shall be a nonconforming sign for the applicable period shown on the following schedule:
(1) Painted on wall signs, excessive brightness of signs, roof signs, signs suspended from a marquee: two (2) years.
(2) Freestanding signs, wall signs, projecting signs and all signs not otherwise specified in this section: five (5) years.
(3) Signs where total area of all signs on a building or parcel exceed permitted area: five (5) years.
(g) Notification and other procedures concerning subsequent nonconforming signs. Within six (6) months of the date when a sign described in subsection (f) becomes a nonconforming sign, the Planning Director shall add the sign to the list of nonconforming signs and mail

Page 317 ends

ITEM NO. 20.

Page 17 of 18 ends

Draft Ordinance Date Adopted
notices in the manner specified in subsection (d), and such notices shall have the same effects as the notices provided for other nonconforming signs. (h) Extension of nonconforming sign status. During the deliberations on the provisions of this Chapter concerning signs, it was determined that this chapter should not include provisions for granting extensions of nonconforming status since the basic periods for nonconforming status were extended by the same number of years originally proposed for allowable extension.
(i) Removal of unlawful signs. Any sign erected or maintained contrary to the provisions of this Division or any other ordinance of the Town including unlawfully erected signs, and formerly nonconforming signs whose nonconforming status has terminated, is in its entirety an unlawful sign. The provisions of Sections 29.20.950 and 29.20.955 are applicable to unlawful signs, and to those who erect or maintain them. (j) Abandoned signs. The owner must have all copy removed from an abandoned sign and the sign shall remain blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of one (1) year the owner shall remove the sign and any appurtenant structures.
(k) Maintenance. All signs shall be maintained and kept in repair and shall be painted and repainted at reasonable intervals. If the owner fails to comply, after ten (10) days' written notice by the Planning Director, or duly appointed deputy, to so maintain such signs, the Planning Director shall have the sign removed at the owner's expense. (Ord. No. 1316, §§ 3.39.010—3.39.070, 6-7-76; Ord. No. 1380, 1-23-78) SECTION VIII. 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 IX. 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 X. Publication.

Page 318 ends

ITEM NO. 20.

Page 18 of 18 ends

Draft Ordinance Date Adopted
In accordance with Section 36937 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 XI. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , 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: __________________

Page 319 ends

ITEM NO. 20.

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: 04/02/2024
DATE: March 26, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Discuss the Code of Conduct Policy Sections V. and XI. Pertaining to Councilmember Communications
RECOMMENDATION:

Discuss the Code of Conduct Policy Sections V. and XI. pertaining to Councilmember communications
BACKGROUND:

The Town Council’s Code of Conduct was adopted in 2004 and has been revised several times since then. The most recent revision was on October 4, 2022. Attachment 1 contains the redlined version of the Code of Conduct Policy at that time to show the evolution of the sections referenced below.

Code of Conduct Section V(C) addresses communications with the media and provides: “The title of Mayor carries with it the responsibility of communicating with the Town Council, Town Manager, members of the public, and the media regarding decisions made by a majority of the Town Council.”1
Code of Conduct Section XI addresses communications with the public and provides: “The public has a reasonable expectation that it may engage its Council Members on matters of community concern. In response, Council Members may express a preliminary opinion on general issues or policies that are in the development phase. In addition, Council Members may from time to time express opinions regarding broad policy matters which may be in conflict with currently adopted Council policies or explain an individual vote. Such statements are

1 In 2022, language describing the Mayor as the “Town spokesperson” was replaced with the current language (see Attachment 1).

Page 320 ends

ITEM NO. 21.

PAGE 2 OF 4
SUBJECT: Code of Conduct
DATE: March 21, 2024
BACKGROUND (continued):
permissible if clearly characterized as personal opinion or policy change objectives rather than the opinion of the full Town Council.”
DISCUSSION:

The current Code of Conduct provides that:
1) The Mayor communicates with the media regarding decisions made by a majority of the Town Council.
2) Individual Councilmembers may express opinions on policies and explain individual votes so long as those statements are characterized as individual opinions or objectives and not representing the Town Council as a whole.

This topic is before the Policy Committee for a discussion of whether:
1) There is an interest if retaining these standards;
2) There is a clearer way to state these standards; and 3) There are other standards that the Policy Committee would like to recommend to the Town Council pertaining to Councilmember newsletters, emails, or other forms of communication with constituents.

Free Speech
Based on “free speech” considerations, the distinction between representing the opinion of the full Town Council as opposed to expressing individual opinions or explaining votes should be retained. Based on case law, Councilmembers should retain the ability to express opinions or explain votes. [Bond v. Floyd, 385 U.S. 116 (1966)(holding that Georgia legislature’s disqualification of elected representative on account of statements about the Vietnam War violated the representative’s right of free expression under the First Amendment)]. In the Bond v. Floyd decision, the court opines that government requires that legislators be given wide latitude to express their views on issues of policy. That said, the Town is free to require that legislators explain when they are expressing their own views as opposed to representing the Town Council as a whole.

Examples from Other Santa Clara County Jurisdictions
It will be helpful to get input from the Town Council on whether there is a clearer way to make this distinction between speaking on behalf of the Town Council and providing one’s individual opinion. Codes of Conduct from other jurisdictions in Santa Clara County provide as follows

Page 321 ends

ITEM NO. 21.

PAGE 3 OF 4
SUBJECT: Code of Conduct
DATE: March 21, 2024
DISCUSSION (continued):

Cupertino
The City of Cupertino’s Code of Conduct provides:
“. . . when City elected/appointed officials and staff are presenting their individual opinions and positions on issues potentially relevant to the City, they must explicitly state that they do not represent their body or the City and must not allow any inference that they do.” Gilroy
The City of Gilroy’s Code of Conduct provides:
“When a Council Member is identified as a spokesperson, then only they will speak on behalf of the City Council.”
“No Council Member shall communicate in a manner that appears to come from the City or City staff or the City Council, or in a manner that suggests a position associated with the City or with the knowledge of the City Council.”
“Repeated or serious violations of these norms can be addressed by the Council by censure of a Council Member, following notice and an opportunity to be heard. This document formally authorizes the censure remedy to the City Council and allows for the basic due process protections of notice and hearing.”
Mountain View
The City of Mountain View’s Code of Conduct provides:
“Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not reflect the official position of the City Council.” San Jose
The City of San Jose’s Code of Conduct provides:
“A Council Member must clearly state when he or she is speaking on behalf of the City Council.” COORDINATION:

This report was coordinated with the Town Manager.

FISCAL IMPACT:

This discussion will not have a fiscal impact on the Town.

Page 322 ends

ITEM NO. 21.

PAGE 4 OF 4
SUBJECT: Code of Conduct
DATE: March 21, 2024
ENVIRONMENTAL ASSESSMENT:

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

Attachment:

1. October 4, 2022 Redline version of the Code of Conduct Policy.

Page 323 ends

ITEM NO. 21.

ATTACHMENT 1

COUNCIL POLICY MANUAL
TITLE: Town Council Code of Conduct POLICY NUMBER: 2-04 EFFECTIVE DATE: 5/3/2004 PAGES: 8
ENABLING ACTIONS: 2004-059; 2006-
111; 2021-047
REVISED DATES: 12/17/2012; 3/3/2015;
12/17/2019; 11/2/2021
APPROVED:

I. Preamble
The legal responsibilities of the Los Gatos Town Council are set forth by applicable state and federal laws. In addition, the Town Council has adopted regulations, including this Code of Conduct Policy, that hold Council Members to standards of conduct above and beyond what is required by law. This Policy is written with the assumption that Council Members, through training, are aware of their legal and ethical responsibilities as elected officials. These expectations of conduct also apply to all members of the Town’s Boards, Committees, and Commissions.

II. Form of Government
The Town of Los Gatos operates under a Council-Manager form of government as prescribed by Town Code, Section 2.30.305. Accordingly, members of the Council are elected at-large, provide legislative direction, set Town policy, and ultimately answer to the public. The Town Manager serves as the Town’s chief administrative officer and is responsible for directing the day-to-day operations of the Town and implementing policy direction.

III. Town Council Roles and Responsibilities
The role of the Town Council is to act as a legislative and quasi-judicial body. Through its legislative and policy authority, the Council is responsible for assessing and achieving the community’s desire for its present and future and for establishing policy direction to achieve its desired outcomes. All members of the Town Council, including those who serve as Mayor and Vice Mayor, have equal votes.

Members of the Town Council fulfill their role and responsibilities through the relationships they have with each other and the public. Town Council Members should approach their work, each other, and the public in a manner that reflects ethical behavior, honesty and integrity. The commitment of Town Council Members to their work is characterized by open constructive communication, innovation, and creative problem solving.

Small Town Service Community Stewardship Future Focus

Page 324 ends

ITEM NO. 21.

TITLE: Town Council Code of Conduct PAGE:
2 of 9
POLICY NUMBER:
2-04
IV. Mayoral and Vice Mayoral Selection Process
Per Town Municipal Code, Section 2.20.035, the selection of the Mayor and Vice Mayor occurs annually at a special meeting in December by majority vote of the Town Council. The Mayor and Vice Mayor serve at the pleasure of the Town Council and may be replaced by a majority vote of the Council.

V. Mayoral and Vice Mayoral Roles, Responsibilities, Relationships The following outlines some of the key roles, responsibilities, and relationships as they relate to the positions of Mayor and Vice Mayor:

Mayor
A. The Mayor is the presiding officer of the Town Council. In this capacity, the Mayor is responsible for developing Council agendas in cooperation with the Town Manager and leading Council meetings.

B. The Mayor recommends various standing committee appointments to the Council for approval.1 This will be done at a Council meeting in December of each year. When making committee recommendations, the Mayor should attempt to balance shared responsibilities and opportunities among Council Members. The Mayor may also appoint citizens to committees not established by Town ordinance or resolution as s/he deems appropriate.

C. The title of Mayor carries with it the responsibility of communicating with the Town Council, Town Manager, and members of the public, and the media regarding decisions made by a majority of the Town Council. In this capacity, the The Mayor serves as the Town “spokesperson” representing also represents the Council atin official and ceremonial occasions.

D. As the official Town spokesperson, tThe Mayor performs special duties consistent with the Mayoral office, including, but not limited to: signing of documents on behalf of the Town, issuing proclamations, serving as the official voting delegate for various municipal advocacy groups, and delivering the State of the Town Address at his or her discretion.2 The Town Council will determine any additional authority or duties that the Mayor shall perform.

E. Special duties consistent with the Mayoral office may be delegated to the Vice Mayor or any other member of the Town Council.

F. In the event that one or more members of a Town Board, Commission, or Committee acts in a manner contrary to approved Board/Commission policies and procedures, the Mayor may counsel those members about the rules set forth in the Town Commissioner Handbook.3
1 Council Agenda Format and Rules Policy
2 Council Commendation and Proclamation Policy
3 Resolution 1999-167

Page 325 ends

ITEM NO. 21.

TITLE: Town Council Code of Conduct PAGE:
3 of 9
POLICY NUMBER:
2-04
Vice Mayor
A. In the Mayor’s absence, the Vice Mayor shall perform the formal duties of the Mayor.4 B. When the Vice Mayor performs the duties of the Mayor in his/her absence, the Vice Mayor also carries the responsibility of communicating with the Town Manager, Town Council, and members of the public.

VI. Council Conduct in Public Meetings
To ensure the highest standards of respect and integrity during public meetings, Council Members should:

A. Use formal titles. The Council should refer to one another formally during Council meetings such as Mayor, Vice Mayor or Council Member or Mr., Mrs., or Ms., followed by the individual’s last name.

B. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. During public discussions, Council Members should be respectful of others and diverse opinions and allow for the debate of issues.

C. Honor the role of the presiding officer in maintaining order and equity. Respect the Mayor/Chair's efforts to focus discussion on current agenda items.

D. Council decisions should be reserved until all applicable information has been presented.

E. Conduct during public hearings. During public testimony, Council Members should refrain from engaging the speaker in dialogue. Speakers at public meetings will be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional but not required. For purposes of clarification, Council Members may ask the speaker questions. Council comment and discussion should commence upon the conclusion of all public testimony VII. Maintaining Civility at Council Meetings
The public is welcome to participate at Town Council meetings and the Mayor should remind the public of the Town’s expectations for civility in order for the business of the Town to be completed efficiently and effectively. These expectations include and are not limited to:

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

B. The Town embraces diversity and strongly condemns hate speech and offensive, hateful language or racial intolerance of any kind at Council Meetings. 4 Council Agenda Format and Rules Policy

Page 326 ends

ITEM NO. 21.

TITLE: Town Council Code of Conduct PAGE:
4 of 9
POLICY NUMBER:
2-04
C. Town Council and staff are well aware of the public’s right to disagree with their professional opinion on various Town issues. However, anti-social behavior, slander, hatred, and bigotry statements are completely unacceptable and will not be tolerated in any way, shape or form at Town Council meetings.

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

E. The Town will go through the following steps if a disturbance results from a member of the public not following these rules:

1. If participating remotely, Town staff may mute the individual with an explanation for the record of why muting occurred consistent with this Policy.

2. If participating in-person, the Mayor may call a recess for violation of this Policy, resulting in the immediate cessation of the audio and video recording and the Council exiting the Chamber. Staff will determine if the individual should be removed or if all members of the public should leave depending on the extent of the disturbance. In the event that all public members exit, only the press would be allowed back in the meeting. Once the individual(s) leave, the Council would return to the Chamber and the Mayor would resume the meeting.

3. Persons disrupting a Council meeting may be cited for violation of the California Penal Code Section 403.

VIII. Legal Requirements
The Town Council operates under a series of laws that regulate its operations as well as the conduct of its members. The Town Attorney serves as the Town’s legal officer and is available to advise the Council on these matters.

A. Training
Biannual training in the following areas shall be provided by staff to Council Members:

1. The Ralph M. Brown Act

2. Town / CA State Law on Conflict of Interest (AB 1234)

3. Government Section 1090

4. Incompatible Offices

5. The Fair Political Practices Commission Forms

6. Bias

7. Town / CA State Law on Harassment (SB 1343)
B. Procurement
Unless authorized by the Town Council, Council Members shall not become involved in administrative processes for acquiring goods and services.

C. Land Use Applications

Page 327 ends

ITEM NO. 21.

TITLE: Town Council Code of Conduct PAGE:
5 of 9
POLICY NUMBER:
2-04
The merits of an application shall only be evaluated on information included in the public record. Council Members shall disclose ex parte communication and any information obtained outside of the public record that may influence his/her decision on a matter pending before the Town Council. Council disclosure shall occur after the Public Hearing section of the agenda, and before Council deliberations.

D. Code of Conduct Policy
Newly elected Council Members are strongly encouraged to sign a statement affirming they have read and understand the Town of Los Gatos Council Code of Conduct Policy.

E. Non-Profit Organizations
Council Members may not sit on boards of directors of non-profit organizations which receive funding or in-kind contributions from the Town, unless the role serves a legitimate Town purpose, such as the League of California Cities, and the participation is approved by the full Council.

IX. Council Participation in Boards, Commissions and Committees, and Reporting Requirements
There are several committees that Town Council Members have been appointed to or have an interest in, including but not limited to: Town Council standing and ad hoc committees, Town boards and commissions, regional boards and commissions, and community-generated committees.

Primary Council representatives should update the Council about board, commission, and committee activities. When serving as the primary Council representative on any board, commission, or committee, Council Members should periodically provide updated reports to the Council during the “Council Matters” opportunity on the Council meeting agenda.

Recommended actions by Council Committees should be reported to the Council. When serving on a Council Committee, whether standing or ad hoc, all work undertaken by the Committee must be directed by the Council, and all recommended actions of a Council Committee shall be reported to the Council.

X. Council Relationship with Town Staff
The Town Council has adopted a Council-Manager form of government. The Town Manager’s powers and duties are outlined in the Town Code, Section 2.30.295.

Council Conduct and Communication with Town Staff
To enhance its working relationship with staff, Council should be mindful of the support and resources needed to accomplish Council goals. When communicating and working with staff, Council should follow these guidelines:

Page 328 ends

ITEM NO. 21.

TITLE: Town Council Code of Conduct PAGE:
6 of 9
POLICY NUMBER:
2-04
A. Council Members should treat staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with Council colleagues, practice civility and decorum in all interactions with Town staff.

B. Council Members should direct questions about policy, budget, or professional opinion to the Town Manager, Town Attorney or Department Directors. Council Members can direct questions and inquiries to any staff for information that is readily available to the general public or easily retrievable by staff.

C. The Town Manager and staff are responsible for implementing Town policy and/or Council action. The processing of Council policy and decisions takes place with the Town Manager and staff. Council should not direct policy/program administrative functions and implementation; rather it should provide policy guidance to the Town Manager.

D. Council Members should attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to Council meetings.

Early feedback will enable staff to address Council questions and incorporate minor corrections or changes to a Council report, resulting in a more efficient Council meeting discussion; however, this does not preclude Council Members from asking questions at Council Meetings.

E. Council Members should not direct the Town Manager to initiate any action, change a course of action, or prepare any report without the approval of Council. The Town Manager’s responsibility is to advise on resources available and required for a particular course of action as it relates to the direction of the majority of the Council.

F. Council Members should not attend department staff meetings unless requested by the Town Manager.

G. All Council Members should have the same information with which to make decisions.

Information requested by one Council Member will be shared with all members of the Council.

H. Concerns related to the behavior or work of a Town employee should be directed to the Town Manager. Council Members should not reprimand employees.

I. Per California Government Code, Sections 3201-3209, Council Members should not solicit financial contributions from Town staff or use promises or threats regarding future employment. Although Town staff may, as private citizens with constitutional rights, support political candidates, such activities cannot take place during work hours, at the workplace, or in uniform.

XI. Council Communication with the Public and other Council Members The Public has a reasonable expectation that it may engage its Council Members on matters of community concern. In response, Council Members may express a preliminary opinion on general issues or policies that are in the development phaseor projects. Any such preliminary statement shall not constitute a indicate that a decision has been reached before the public hearing prejudgment or create a presumption of bias on any issue or a project quasiadjudicatory decision such as a land use approval. In addition, Council Members may from time to time express opinions regarding broad policy matters which may be in conflict with currently

Page 329 ends

ITEM NO. 21.

TITLE: Town Council Code of Conduct PAGE:
7 of 9
POLICY NUMBER:
2-04
adopted Council policies or explain an individual vote. Such statements are permissible if clearly characterized as personal opinion or policy change objectives rather than the opinion of the full Town Council.

XII. Enforcement
A. Purpose
The Council Code of Conduct Policy establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Council Members. The purpose of the policy language is to establish a process and procedure that:

1. Allows the public, Town Council, and Town employees to report Code of Conduct policy violations or other misconduct.

2. Provides guidelines to evaluate Code of Conduct policy violations or other misconduct and implement appropriate disciplinary action when necessary.

B. Procedures

1. Reporting of Complaints
The following section outlines the process for reporting Council Member Code of Conduct Policy violations or other misconduct:
a. Complaints made by members of the public, the Town Manager, and Town Attorney should be reported to the Mayor. If a complaint involves the Mayor, it should be reported to the Vice Mayor.
b. Complaints made by Council Members should be reported to the Town Manager or Town Attorney to adhere to Brown Act requirements. c. Complaints made by Town employees should be reported to the Town Manager, who will direct them to the Mayor or Vice Mayor.

2. Evaluation of Complaints Alleging Violations
Upon report of a written complaint, the Town Manager and Town Attorney will join the Mayor or Vice Mayor as an evaluation committee to determine the validity of the complaint and, if appropriate, an initial course of action as discussed below.

If the Town Manager or Town Attorney is the complainant, the longest serving uninvolved Council Member will replace the Town Manager or Town Attorney on the evaluation committee.

Within seventy-two (72) hours of receipt of the complaint by the Mayor or Vice Mayor, the Council Member in question shall be notified of the reported complaint by the Mayor or his/her designee. The notification shall include a copy of the written complaint and supporting documentation, if any, the identity of the complainant and nature of the complaint.

Page 330 ends

ITEM NO. 21.

TITLE: Town Council Code of Conduct PAGE:
8 of 9
POLICY NUMBER:
2-04

3. Unsubstantiated or Minor Violations
If the majority of the Committee agrees that the reported violation is without substance, no further action will be taken. If the reported violation is deemed valid but minor in nature, the Mayor or Vice Mayor shall counsel and, if appropriate, admonish the Council Member privately to resolve the matter. Admonishment is considered to be a reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy.

4. Allegations of Major Violations
If the reported violation is considered to be serious in nature, the matter shall be referred to outside legal counsel selected by the Committee for the purpose of conducting an initial interview with the subject Council Member. The outside counsel shall report his/her initial findings back to the Committee.

If the Committee then determines that an investigation is warranted, the Committee shall direct the outside legal counsel to conduct an investigation. The investigation process would include, but is not limited to, the ascertainment of facts relevant to the complaint through interviews and the examination of any documented materials.

5. Report of Findings
At the conclusion of the investigation, outside legal counsel shall report back to the Committee in writing. The report shall either (1) recommend that the Council Member be exonerated based on a finding that the investigation did not reveal evidence of a serious violation of the Code of Conduct, or (2) recommend disciplinary proceedings based on findings that one or more provisions of the Code of Conduct or other Town policies have been violated. In the latter event, the report shall specify the provisions violated along with the facts and evidence supporting each finding.

The Committee shall review the report and its recommendations. If the consensus of the Committee is to accept the report and recommendations, the Committee shall implement the recommendations. Where the recommendation is exoneration, no further action shall be taken. Where the recommendation is to initiate disciplinary proceedings, the matter shall be referred to the Council.

Where there is no consensus of the Committee regarding the recommendations, the matter shall be referred to the Council.

The subject Council Member shall be notified in writing of the Committee’s decision within 72 hours. Where the decision is to refer the matter to the Council, a copy of the full report, including documents relied on by the investigator shall be provided with the notification, and a copy of both shall be provided to the whole Council.

Page 331 ends

ITEM NO. 21.

TITLE: Town Council Code of Conduct PAGE:
9 of 9
POLICY NUMBER:
2-04

6. Proceedings
Investigative findings and recommended proceedings and disciplinary action that are brought forward to Council as a result of a significant policy violation shall be considered at a public hearing. The public hearing should be set far enough in advance to allow the Council Member in question reasonably sufficient time to prepare a response.

Investigative findings shall be presented to the Town Council at a public hearing.

The rules of evidence do not apply to the public hearing. It shall not be conducted as an adversarial proceeding.

C. Disciplinary Action

1. Considerations in Determining Disciplinary Action
Disciplinary action may be imposed by Council upon Council Members who have violated the Council Code of Conduct Policy. Disciplinary action or sanctions are considered when a serious violation of Town policy has occurred by a Council Member. In determining the type of sanction imposed, the following factors may be considered:
a. Nature of the violation
b. Prior violations by the same individual
c. Other factors which bear upon the seriousness of the violation

2. Types of Sanctions
At the discretion of the Council, sanctions may be imposed for violating the Code of Conduct or engaging in other misconduct. These actions may be applied individually or in combination. They include, but are not limited to:
a. Public Admonishment – A reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy. b. Revocation of Special Privileges – A revocation of a Council Member’s Council Committee assignments, including standing and ad hoc committees, regional boards and commissions, and community-generated board/committee appointments. Other revocations may include temporary suspension of official travel, conference participation, and ceremonial titles. c. Censure – A formal statement or resolution by the Council officially reprimanding a Council Member.

APPROVED AS TO FORM:
__________
Gabrielle Whelan, Town Attorney

Page 332 ends

ITEM NO. 21.

Los Gatos City CouncilApril 2, 2024

Los Gatos City Council
April 2, 2024