IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E. Main Street and virtually through Zoom Webinar (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom Webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
HOW TO PARTICIPATE
The public is welcome to provide oral comments in real-time during the meeting in three ways:
Zoom Webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device. Please click this URL to join:https://losgatoscagov.zoom.us/j/82232739012?pwd=1zlbRu029_33oyBb9l3AyTZQ7D2MEQ.kN8FbuOklNsmz-Jj Passcode: 793054You can also type in 822 3273 9012 in the “Join a Meeting” page on the Zoom website at and use passcode 793054.
When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand.
Telephone: Please dial (877) 336-1839 for US Toll-free or (636) 651-0008 for US Toll. (Conference code: 1052180)
If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: Please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak.
NOTES: (1) Comments will be limited to three (3) minutes or less at the Mayor’s discretion. (2) If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment). All comments received will become part of the record.
(3) Deadlines to submit written comments are:
11:00 a.m. the Thursday before the Council meeting for inclusion in the agenda packet. 11:00 a.m. the Monday before the Council meeting for inclusion in an addendum. 11:00 a.m. on the day of the Council meeting for inclusion in a desk item. (4) Persons wishing to make an audio/visual presentation must submit the presentation electronically to [email protected] no later than 3:00 p.m. on the day of the Council meeting.
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
APRIL 02, 2024
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
Mary Badame, Mayor
Matthew Hudes, Vice Mayor
Rob Moore, Council Member
Rob Rennie, Council Member
Maria Ristow, Council Member
CALL MEETING TO ORDER
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)).
PLEDGE OF ALLEGIANCE
PRESENTATIONS
i. Los Gatos Foundation for Older Adults to Thrive Presentation ii. Poetry Month Proclamation and Poetry Reading by Town Poet Laureate William Ward Butler
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on Page 1 of this agenda.
If an item is removed, the Mayor has the sole discretion to determine when the item will be heard.)
1. Approve Minutes of the March 15, 2024 Special Town Council Meeting.
2. Approve Minutes of the March 19, 2024 Closed Session Town Council Meeting.
3. Approve Minutes of the March 19, 2024 Special Town Council Meeting - Commissioner Interviews.
4. Approve Minutes of the March 19, 2024 Town Council Meeting.
5. Approve Minutes of the March 26, 2024 Closed Session Town Council Meeting.
6. Authorize the Town Manager to Execute an Agreement with Peckham & McKenney for Town Manager Recruitment Services in an Amount not to Exceed $32,000.
7. Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending the Zoning from C-1 (Neighborhood Commercial) to RD (Residential Duplex) for Properties Located at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court.” APNs 523-41-024, -033, -025, -032, -026, -031, -030, - 027, -029, and -028. Exempt pursuant to CEQA Guidelines 15061 (b)(3): Review for Exemption. Zoning Amendment Application Z-24-002. Applicant: Town of Los Gatos.
Project Planner: Sean Mullin.
8. Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding 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.
9. Adopt an Ordinance Titled, “An Ordinance of the Town Council of the Town Los Gatos Amending Chapter 1 Article III, ‘Administrative Citations,’ Chapter 11, ‘Garbage, Refuse, and Weeds,’ and Chapter 16, ‘Noise’ of the Town Code.”
10. Modify the Town of Los Gatos Donation Opportunities FY 2023/24 List of Town Needs, Accept the Donation of Automated External Defibrillators and Outdoor SaveStation® Cabinets from the Kyle J. Taylor Foundation, and Authorize the Town Manager to Sign the Acknowledgement Form Provided by the Donor.
11. Approve a Novation Replacing Columbia Telecommunications Corporation with Imperial County Office of Education for the State Negotiated Contract for the Library’s Corporation for Educational Network Initiatives in California Broadband Connection and Servicing.
12. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $65,000 to Recognize Receipt of State Homeland Security Grant Program (SHSGP) funds and Authorize the Town Manager to Execute the Required Agreement and Grant Documents to Receive Reimbursement Funds in Accordance with SHSGP Requirements.
13. Authorize the Town Manager to Execute a Third Amendment with HdL Companies for Business License Consulting and Reviewing Services to Review Draft Procedures for the Apportionment of Business License Taxes with Netflix Inc. Not to Exceed $40,000 with a Total Contract Not to Exceed $273,000.
14. Chavan & Associates Agreement:
a. Authorize the Town Manager to Execute a First Amendment with Chavan & Associates, LLP. for Auditing Services Adding Transportation Development Act Audit Services and Increasing the Compensation by $15,500 for a Total Agreement Not to Exceed $132,500; and
b. Authorize an Expenditure Budget Adjustment in the Amount of $10,500 from the Available General Fund Capital/Special Projects Reserve.
15. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Fiscal Year 2022/23 Annual Street Repair and Resurfacing Project (CIP No. 811-9901), Completed by Pavement Coatings, and Authorize the Town Clerk to File for Recordation.
16. Reschedule to April 16, 2024, the Consideration of the Adoption of a Resolution Modifying the Height Pole and Netting Policy for Additions and New Construction. The Proposed Modifications to Town Policy are Not Considered a Project Under the California Environmental Quality Act. Project Location: Town Wide. Applicant: Town of Los Gatos.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda and is within the subject matter jurisdiction of the Town Council. The law generally prohibits the Town Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.)
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
17. Receive a Report on the Transportation Impact Fee and Provide Direction.
18. Discuss Potential Next Steps with Regard to the Referendum of Land Use and Community Design Elements of 2040 General Plan and Provide Direction to Staff.
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
19. Adopt a Resolution Approving the Comprehensive Fee Schedule for Fiscal Year 2024/25 to Continue Certain Department Fees, Rates, and Charges, and Amending Certain Fees, Rates, and Charges for Fiscal Year 2024/25.
20. Introduce an Ordinance Titled, “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” as Recommended by the Planning Commission. The proposed amendments to the Town Code are not a project subject to CEQA [CEQA Guidelines Section 15061(b)(3)]. Town Code Amendment Application A-24- 002. Project Location: Town Wide. Applicant: Town of Los Gatos.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
21. Discuss the Code of Conduct Policy Sections V. and XI. Pertaining to Councilmember Communications.
COUNCIL / MANAGER MATTERS
CLOSED SESSION REPORT
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.)
ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354- 6834.
Notification at least two (2) business days prior to the meeting date will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR §35.102-35.104]
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
DRAFT
Minutes of the Town Council Special Meeting
Friday, March 15, 2024
The Town Council of the Town of Los Gatos conducted a special meeting in-person and utilizing teleconferencing means on Friday, March 15, 2024, at 4:00 p.m. to discuss public employee appointment in closed session pursuant to Government Code Section 54957(b)(1) and to consider selecting an executive recruiting firm for the Town Manager recruitment in open session.
MEETING CALLED TO ORDER AT 4:00 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie (participating remotely under the Brown Act), Council Member Maria Ristow.
Absent: None
VERBAL COMMUNICATIONS
None.
THE TOWN COUNCIL MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. Public Employee Appointment [Government Code Section 54957(b)(1)] Title: Town Manager
THE TOWN COUNCIL RECONVENED IN OPEN SESSION
Gabreille Whelan, Town Attorney, stated the Town Council met in closed session pursuant to Government Code Section 54957(b)(1) there was no reportable action taken on the closed session item.
2. Consider Selecting an Executive Recruiting Firm for the Town Manager Recruitment and Provide Direction Regarding the Recruitment Process
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Town Council discussed the item.
ITEM NO. 1.
PAGE 2 OF 2
SUBJECT: Draft Minutes of the Town Council Meeting of March 15, 2024 DATE: March 22, 2024
The Mayor and Vice Mayor will conduct interviews of three recruitment firms, using interview questions identified by the Town Council.
ADJOURNMENT
The meeting adjourned at 5:48 p.m.
Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Town Clerk Laurel Prevetti, Town Manager
ITEM NO. 1.
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
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, March 19, 2024
The Town Council of the Town of Los Gatos conducted a Special Meeting in-person and utilizing teleconferencing means on Tuesday, March 19, 2024, at 5:30 p.m. to hold a Closed Session to discuss real property negotiations.
MEETING CALLED TO ORDER AT 5:30 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, and Council Member Maria Ristow.
Absent: None
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. Conference with Real Property Negotiator [Government Code Section 54956.8] Property: 108 E. Main Street (Friends Bookstore)
Negotiating Parties: Town of Los Gatos and Friends of the Los Gatos Public Library Negotiator: Ryan Baker, Library Director and Celia Bakke, Friends of the Library President and Tom Atkinson, Friends of the Library Treasurer, Lessees Negotiations: Price and terms of lease
The Town Council reconvened in open session. The Town Attorney stated there was no reportable action.
ADJOURNMENT
The meeting adjourned at 6:04 p.m.
Attest: Submitted by:
___________________________ ___________________________ Wendy Wood, Town Clerk Laurel Prevetti, Town Manager
ITEM NO. 2.
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
DRAFT
Minutes of the Town Council Special Meeting - Commissioner Interviews Tuesday, March 19, 2024
The Town Council of the Town of Los Gatos conducted a special meeting in-person and utilizing teleconferencing means on Tuesday, March 19, 2024, at 6:00 p.m. to conduct interviews for vacant seats on the Town Boards, Commission, or Committees.
MEETING CALLED TO ORDER AT 6:01 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, Council Member Maria Ristow.
Absent: None
VERBAL COMMUNICATIONS
No one spoke.
BOARD/COMMISSION/COMMITTEE INTERVIEWS
1. Interview Applicants and Make Appointments for the Following Committee and Commissions: Diversity, Equity, and Inclusion Commission; General Plan Committee; Parks and Sustainability Commission; and Planning Commission
The Council interviewed the following applicants for Town Boards, Commissions, and Committees:
Diversity, Equity, and Inclusion Commission (1 vacancy, 1 applicant) o D. Michael Kane
General Plan Committee (2 vacancies, 1 applicant)
o Stephen Shelton
Parks and Sustainability Commission (1 vacancy, 1 applicant) o Mike Buncic
Planning Commission (1 vacancy, 3 applicants)
o Jared Ajlouny
o Jeffrey Barnett
o Kendra Burch
ITEM NO. 3.
PAGE 2 OF 2
SUBJECT: Draft Minutes of the Town Council Special Meeting of March 19, 2024 DATE: March 19, 2024
Council completed ballots and the Town Clerk read the votes into the record.
Council made the following appointments:
Diversity, Equity, and Inclusion Commission (1 vacancy, 1 applicant) o D. Michael Kane was appointed to a partial term unanimously. General Plan Committee (2 vacancies, 1 applicant)
o Stephen Shelton was appointed to a partial term unanimously. Parks and Sustainability Commission (1 vacancy, 1 applicants) o Mike Buncic was appointed to a partial term unanimously. Planning Commission (1 vacancy, 3 applicants)
o Jared Ajlouny received no votes.
o Jeffrey Barnett received two (2) votes from Mayor Badame and Council Member Rennie.
o Kendra Burch received two (2) votes from Council Member Moore and Council Member Ristow.
Due to the 2-2-0-1 vote, new ballots were redistributed for Council to vote for either Jeffrey Barnett or Kendra Burch. The Town Clerk read the votes into the record. Planning Commission
o Jeffrey Barnett was appointed to a partial term by three (3) votes from Mayor Badame, Vice Mayor Hudes, and Council Member Rennie.
o Kendra Burch received two (2) votes from Council Member Moore and Council Member Ristow.
ADJOURNMENT
The meeting adjourned at 6:55 p.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk
ITEM NO. 3.
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
DRAFT
Minutes of the Town Council Meeting
Tuesday, March 19, 2024
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, March 19, 2024, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:01 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, Council Member Maria Ristow.
Absent: None
PLEDGE OF ALLEGIANCE
Kyna Malhotra led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Badame presented a proclamation to American Red Cross volunteer Jim Yoke.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Minutes of the March 5, 2024 Closed Session Town Council Meeting.
2. Approve Minutes of the March 5, 2024 Town Council Meeting.
3. Receive the Monthly Financial and Investment Report for January 2024.
4. Reschedule to April 2, 2024 the Consideration of the Adoption of a Resolution Modifying the Height Pole and Netting Policy for Additions and New Construction. The Proposed Modifications to Town Policy are Not Considered a Project Under the California Environmental Quality Act. Project Location: Town Wide. Applicant: Town of Los Gatos.
5. Accept the Annual Progress Report for General Plan and Housing Element Implementation.
6. Authorize the Town Manager to Negotiate and Execute a Sub-Lease with the United States Postal Service (USPS) for Parking Spaces Located at 15 Montebello Way.
7. Actions Related to Purchasing a Police Vehicle:
a. Authorize the Town Manager to Purchase One 2025 Ford Interceptor Pursuit Vehicle from Folsom Lake Ford in an Amount not to Exceed $56,606; and b. Authorize the Town Manager to Execute a Purchase Order with Lehr to Build Up One Police Vehicle in an Amount not to Exceed $31,810; and c. Authorize an Expenditure Budget Adjustment in and Amount of $88,416 from the Available Equipment Replacement Fund.
8. 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.
ITEM NO. 4.
PAGE 2 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of March 19, 2024 DATE: March 19, 2024
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Rennie to approve consent items 1-8. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
John Shepardson
- Commented on the Mirassou Elementary School fields and requested Council protect the open space.
OTHER BUSINESS
9. Adopt a Resolution Suspending Resolution Nos. 2024-003, 2024-004, and 2024-005 Regarding the Transportation Impact Fee.
Gabrielle Whelan, Town Attorney, presented the staff report.
Council asked preliminary questions.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Ristow to continue the item to April 2. Seconded by Vice Mayor Hudes.
VOTE: Motion passed unanimously.
ITEM NO. 4.
PAGE 3 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of March 19, 2024 DATE: March 19, 2024
PUBLIC HEARINGS
10. 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. RESOLUTION 2024-012
Sean Mullin, Senior Planner, presented the staff report.
Council asked preliminary questions.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to introduce an ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding 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.” (Attachment 2). AMENDMENT: Make the findings 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 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); Seconded by Council Member Ristow.
VOTE: Motion passed 3-2. Vice Mayor Hudes and Mayor Badame voted no.
ITEM NO. 4.
PAGE 4 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of March 19, 2024 DATE: March 19, 2024
11. 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.”
Marina Chislett, Environmental Services Manager, presented the staff report.
Council asked preliminary questions.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Moore to “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.” Seconded by Vice Mayor Hudes.
VOTE: Motion passed unanimously.
Recess 7:58 p.m.
Reconvene 8:11 p.m.
12. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending the Zoning from C-1 (Neighborhood Commercial) to RD (Residential Duplex) for Properties Located at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court.” APNs 523-41-024, -033, -025, -032, -026, 031, -030, -027, - 029, and -028. Exempt pursuant to CEQA Guidelines 15061 (b)(3): Review for Exemption.
Zoning Amendment Application Z-24-002. Applicant: Town of Los Gatos. Project Planner:
Sean Mullin.
Sean Mullin, Senior Planner, presented the staff report.
Council asked preliminary questions.
Mayor Badame opened public comment.
Lee Quintana
- Commented on the zoning and density in the areas surrounding the Downing Oak Court properties.
ITEM NO. 4.
PAGE 5 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of March 19, 2024 DATE: March 19, 2024
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Mayor Badame to introduce “An Ordinance of the Town Council of the Town of Los Gatos Amending the Zoning from C-1 (Neighborhood Commercial) to RD (Residential Duplex) for Properties Located at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court.” Seconded by Council Member Ristow.
Town Attorney Whelan confirmed that implicit in the motion was to make the findings regarding CEQA and consistency with the General Plan.
Mayor Badame confirmed.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Hudes to consider future General Plan Land Use designation and Zoning amendments for medium density residential. Seconded by Mayor Badame.
VOTE: Motion passed 3-2. Council Members Rennie and Ristow voted no.
OTHER BUSINESS
13. Approve Legislative Priorities with Regard to State, Federal, and Regional Legislation.
Katy Nomura, Assistant Town Manager, presented the staff report.
Mayor Badame opened public comment.
Jeff Suzuki
- Commented on concerns and spoke in opposition of endorsing more punitive measures of theft.
Cameron Peeters
- Commented on his experience with the Police Department.
Mayor Badame closed public comment.
Council discussed the item.
ITEM NO. 4.
PAGE 6 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of March 19, 2024 DATE: March 19, 2024
MOTION: Motion by Council Member Rennie to monitor item 2 [AB 3109 (Muratsuchi) – Theft]. Seconded by Council Member Moore.
Council Member Rennie clarified his motion is to keep the item on the active list.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Rennie to move item 4 (Clarifications regarding SB 9 related to High Fire Hazard Severity Zones) to the active list. Seconded by Mayor Badame.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Rennie to add Assembly Member Pellerin’s bill related to election deep fakes and Artificial Intelligence (AI) to the passive list.
AMENDMENT: Include SB 1228 from Senator Steve Padilla, AB 2839 from Assembly Member Gail Pellerin, and AB 2655 from Assembly Member Mark Burman.
Seconded by Council Member Moore.
VOTE: Motion passed 4-1. Mayor Badame voted no.
MOTION: Motion by Vice Mayor Hudes to move items 8 (Fire Protection and Insurance) and 12 (Beach Traffic) to a higher priority on the passive list. AMENDMENT: move items 8 and 12 above the VLF [Protect Vehicle License Fee (VLF) and Educational Revenue Augmentation Fund (ERAF)] item. Seconded by Mayor Badame.
VOTE: Motion passed unanimously.
14. Receive an Update on Unhoused Initiatives, Authorize Revenue and Expenditure Budget Adjustments in the Amount of $1,417.50 to Recognize a Reimbursement, and Provide Any Direction.
Katy Nomura, Assistant Town Manager, presented the staff report.
Mayor Badame opened public comment.
Tim O’Rorke, Society of Saint Vincent de Paul at Saint Mary’s Church - Commented in support of the recommendations and requested the Council consider funding a Case Manager.
ITEM NO. 4.
PAGE 7 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of March 19, 2024 DATE: March 19, 2024
Steve Hall, Society of Saint Vincent de Paul at Saint Mary’s Church - Commented on the positive impacts of unhoused services.
Jeff Suzuki, Los Gatos Anti-Racism Coalition
- Commented in support of allocating $50,000 to continue funding unhoused services and requested Council consider adopting a case management system.
Dr. Beverley Bryant
- Commented in support of the recommendations.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to accept the staff recommendation to remove extreme heat factors from the program but leave in air quality as a factor and explore criteria options; authorize a revenue and expenditure budget adjustments in the amount of $1,417.50 to recognize a reimbursement for the temporary restroom services, include $60,000 in the upcoming budget for unhoused initiatives; and explore and bring back to Council options for case management. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Ristow stated she attended the Silicon Valley Clean Energy Authority (SVCEA) Board Meeting, Valley Transportation Authority (VTA) Policy Advisory Committee (PAC) meeting, Live Oak Day Service welcoming of the incoming Executive Director, Finance Commission meeting as an observer, Little League Opening Day; and met with local mayors, residents, the Chamber of Commerce Executive Director, and the North 40 developer. - Council Member Moore stated he held his community coffee; stated appreciation for the Library staff; met with a variety of people including the North 40 developer; visited the Los Gatos United Methodist Shower Ministry; attended Cities Association Legislative Action Committee, attended Little League Opening Day and the Music in the Park St. Patrick’s Day Celebration.
- Council Member Rennie stated he met with New Museum Los Gatos (NUMU) Executive Director; and participated in the Finance Commission meeting. - Vice Mayor Hudes stated he attended the Foundation for Older Adults to Thrive meetings; announced the upcoming Foundation for Older Adults to Thrive Monday Matinee; met with residents concerning housing and the Housing Element; participated in the Finance Commission meeting; attended the Cities Association Board of Directors meeting; and met with NUMU Executive Director and Board Member.
ITEM NO. 4.
PAGE 8 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of March 19, 2024 DATE: March 19, 2024
- Mayor Badame stated she met NUMU Executive Director and Board Member; attended the Finance Commission as an observer, Little League Opening Day, Pi Day Celebration at Mathnasium; and met with residents on various topics.
Manager Matters
- Announced the Library will be closed on March 20, 2024. - Announced the Spring into Green event will be on April 21, 2024.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session on March 15 to discuss public employee appointment pursuant to Government Code Section 54957 and met on March 19 to discuss real estate negotiations pursuant to Government Code 54956.8 and stated there was no reportable action out of either meeting.
ADJOURNMENT
The meeting adjourned in memory of Ira Spector at 10:04 p.m.
Respectfully Submitted:
____________________________
Jenna De Long, Deputy Town Clerk
ITEM NO. 4.
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
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, March 26, 2024
The Town Council of the Town of Los Gatos conducted a Special Meeting in person and utilizing teleconferencing means on Tuesday, March 26, 2024, at 2:00 p.m. to hold a Closed Session to discuss Town Manager recruitment options and labor negotiations.
MEETING CALLED TO ORDER AT 2:02 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore (participating remotely under the Brown Act), Council Member Rob Rennie, and Council Member Maria Ristow.
Absent: None
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code §54957.6) To meet with Town Negotiators listed below in closed session pursuant to Government Code §54957.6 regarding negotiations with the Employee Organizations listed below:
Town Negotiators:
Lisa Charbonneau, Liebert Cassidy Whitmore
Katy Nomura, Assistant Town Manager
Employee Organizations:
American Federation of State, County and Municipal Employees (AFSCME) Town Employees Association (TEA)
Police Officers’ Association (POA)
Unrepresented Employees:
Confidential (link to full list of classification titles:
https://www.losgatosca.gov/DocumentCenter/View/35613/Confidential-Salary-Schedule7- 9-23)
ITEM NO. 5.
PAGE 2 OF 2
SUBJECT: Draft Minutes of the Special Town Council Meeting of March 26, DATE: March 27, 2024
Management (link to full list of classification titles:
https://www.losgatosca.gov/DocumentCenter/View/35612/Management-salaryschedule7-9-23)
2. PUBLIC EMPLOYEE APPOINTMENT (Gov. Code Section 54957) Title: Interim Town Manager
3. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code Section 54957.6) Agency designated representatives: Town Council
Unrepresented Employee: Town Manager
The Town Council reconvened in open session. The Town Attorney stated there was no reportable action.
ADJOURNMENT
The meeting adjourned at 3:14 p.m.
Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Town Clerk Laurel Prevetti, Town Manager
ITEM NO. 5.
Reviewed by: 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 27, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement with Peckham & McKenney for Town Manager Recruitment Services in an Amount not to Exceed $32,000
RECOMMENDATION:
Authorize the Town Manager to execute an agreement with Peckham & McKenney for Town Manager recruitment services in an Amount not to Exceed $32,000.
REMARKS:
An ad hoc committee of the Town Council, composed of the Mayor and Vice Mayor, has evaluated three qualified firms and their proposals for executive search services to recruit a new Town Manager. The ad hoc committee interviewed the firms. The commitee considered a variety of factors including cost, timeliness, experience, and other considerations. Based on the evaluation, interviews, and reference checks, the committee recommends that the Town Council retain Peckham & McKenney for the Town Manager recruitment.
COORDINATION:
The preparation of this report has been coordinated with the Town Attorney and Finance Director.
FISCAL IMPACT:
The Adopted and Adjusted Fiscal Year 2023/24 Operating Budget has funds to cover this agreement.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ITEM NO. 6.
PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/02/2023
DATE: March 28, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending the Zoning from C-1 (Neighborhood Commercial) to RD (Residential Duplex) for Properties Located at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court.” APNs 523-41-024, -033, -025, -032, -026, -031, -030, -027, -029, and -028. Exempt pursuant to CEQA Guidelines 15061 (b)(3): Review for Exemption. Zoning Amendment Application Z-24-002. Applicant: Town of Los Gatos. Project Planner: Sean Mullin.
RECOMMENDATION:
Adopt an ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending the Zoning from C-1 (Neighborhood Commercial) to RD (Residential Duplex) for properties located at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court” (Attachment 1).
REMARKS:
On March 19, 2024, the Town Council considered and voted to introduce an Ordinance to effect a zone change from C-1 (Neighborhood Commercial) to RD (Residential Duplex) for properties located at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court. Adoption of the attached Ordinance (Attachment 1) would finalize that decision.
Following the Council’s vote to introduce the Ordinance, the Council discussed a second motion to consider future General Plan Land Use designation and Zoning amendments for medium density residential. The Council considered the motion and voted to approve the second motion.
ITEM NO. 7.
PAGE 2 OF 2
SUBJECT: Downing Oak Court Rezoning/Z-24-002
DATE: March 28, 2024
ENVIRONMENTAL ASSESSMENT:
The proposed zone change is exempt pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that it will not significantly affect the physical environment.
ATTACHMENT:
1. Draft Ordinance for the Zone Change, with Exhibit A, for Adoption
ITEM NO. 7.
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Ordinance April 2, 2024
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL)
TO RD (RESIDENTIAL DUPLEX) FOR PROPERTIES LOCATED AT
15025, 15026, 15039, 15040, 15053, 15054,
15066, 15067, 15080, AND 15081 DOWNING OAK COURT
ZONING CODE AMENDMENT APPLICATION Z-24-002
APPLICANT: TOWN OF LOS GATOS
WHEREAS, the existing C-1 zoning is inconsistent with the General Plan land use designation for these properties; and
WHEREAS, Government Code Section 65860 requires that zoning be consistent with General Plan land use designations; and
WHEREAS, residential uses are currently located on these properties.
WHEREAS, the Planning Commission at its meeting on February 14, 2024, reviewed the proposed zone change, 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 zone change, held a public hearing, and voted to introduce the Ordinance.
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on April 2, 2024.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
1. The Zoning Map of the Town of Los Gatos is hereby amended to change the zoning of the properties at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court (Santa Clara County Assessor Parcel Numbers 523-41-024, - 033, -025, -032, -026, -031, -030, -027, -029, and -028 respectively) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from C-1 (Neighborhood Commercial) to RD (Residential Duplex).
Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
ATTACHMENT 1
ITEM NO. 7.
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Ordinance April 2, 2024
2. 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 following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the 2
nd day of April 2024.
3. This ordinance takes effect 30 days after it is adopted.
4. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).
5. The proposed zone change is exempt pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that it will not significantly affect the physical environment in that it aligns the regulations with existing land use no additional development is proposed at this time.
6. The proposed zone change is consistent with the General Plan and its elements in that the proposed zoning is consistent with the existing General Plan land use designation.
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: __________________
ITEM NO. 7.
San Jose
San Jose UNION AV
LYNN AV
PINEHURST AV
THOMAS DR
DOWNING OAK CT
HOWES CT
TOWN OF LOS GATOS
Application No.
Change of zoning map amending the Town Zoning Ordinance.
Zone Change
Prezoning
From:
To:
Z-24-002
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date: April 2, 2024
Mayor
Date: February 14, 2024
Ord:
§ C-1
RD
A.P.N. # 523-41-024, -033, -025, -032, -026, -031, -030, -027, -029, and -028 Address: 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court
EXHIBIT A Page 25
ITEM NO. 7.
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Left Blank
ITEM NO. 7.
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: 04/02/2024
DATE: March 28, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding 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:
Adopt an Ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding 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).
DISCUSSION:
On March 19, 2024, the Town Council considered and voted unanimously to introduce an Ordinance amending Chapter 29 (Zoning Regulations) of the Town Code regarding the Historic
ITEM NO. 8.
PAGE 2 of 2
SUBJECT: HPC Ordinance Amendments/Town Code Amendment Application A-24-001 DATE: March 28, 2024
DISCUSSION (continued):
Preservation Ordinance. Adoption of the attached Ordinance (Attachment 1) would finalize that decision.
ENVIRONMENTAL ASSESSMENT:
The proposed amendments to the Town Code are not considered a project under Section 15378 of the California Environmental Quality Act.
ATTACHMENT:
1. Ordinance for Adoption
ITEM NO. 8.
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Ordinance April 2, 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
ITEM NO. 8.
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Ordinance April 2, 2024
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.
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on April 2, 2024.
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.
ITEM NO. 8.
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Ordinance April 2, 2024
(4) Determination of an unlawful demolition and/or the penalty and the cost assessment for the unlawful demolition.
(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.
ITEM NO. 8.
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(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.
ITEM NO. 8.
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Ordinance April 2, 2024
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.
ITEM NO. 8.
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Ordinance April 2, 2024
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.
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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 2
nd day of April 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: __________________
ITEM NO. 8.
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ITEM NO. 8.
PREPARED BY: Marina Chislett
Environmental Programs Specialist
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, 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: 04/02/2024
DATE: March 21, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Ordinance Titled, “An Ordinance of the Town Council of the Town Los Gatos Amending Chapter 1 Article III, ‘Administrative Citations,’ Chapter 11, ‘Garbage, Refuse, and Weeds,’ and Chapter 16, ‘Noise’ of the Town Code.”
RECOMMENDATION:
Adopt an Ordinance titled, “An Ordinance of the Town Council of the Town Los Gatos Amending Chapter 1 Article III, ‘Administrative Citations,’ Chapter 11, ‘Garbage, Refuse, and Weeds,’ and Chapter 16, ‘Noise’ of the Town Code” (Attachment 1).
BACKGROUND:
At its March 19, 2024 meeting, the Town Council voted 5-0 to adopt an Ordinance titled, “An Ordinance of the Town Council of the Town Los Gatos Amending Chapter 1 Article III, ‘Administrative Citations,’ Chapter 11, ‘Garbage, Refuse, and Weeds,’ and Chapter 16, ‘Noise’ of the Town Code.”
CONCLUSION:
Staff recommends that the Town Council adopt an Ordinance Titled, “An Ordinance of the Town Council of the Town Los Gatos Amending Chapter 1 Article III, ‘Administrative Citations,’ Chapter 11, ‘Garbage, Refuse, and Weeds,’ and Chapter 16, ‘Noise’ of the Town Code.” FISCAL IMPACT:
There is no fiscal impact for this item.
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SUBJECT: Adoption of an Ordinance Titled, “An Ordinance of the Town Council of the Town Los Gatos Amending Chapter 1 Article III, ‘Administrative Citations,’ Chapter 11, ’Garbage, Refuse, and Weeds,’ and Chapter 16, ‘Noise’ of the Town Code.” DATE: March 21, 2024
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Ordinance
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ATTACHMENT 1
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 Debris Processing Facility means any of the facilities, used to process construction and demolition debris, that have been approved by the Regional agency.
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 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
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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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.
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).
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 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.
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 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.
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 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.
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 Regional agency's reasonable opinion would present a significant risk to human health or the
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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.
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 Regional 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).
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.
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
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(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 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, 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.
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 Separated 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).
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 Regional agency reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or
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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 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 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).
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 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
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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 Regional 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.
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 Regional agency or other Regional or county agency, designated by the Town with responsibility for enforcing the 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 18982(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
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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 no 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:
(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
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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.
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.
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(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.
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. 11.10.015. 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 discarded 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 shall be set forth in a franchise agreement approved by resolution of the Town Council or entered into by the Regional 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 discarded materials and C&D debris by private persons.
(a) No person, except as provided in Section 11.10.015, shall collect or gather or cause to be collected or gathered, discarded materials or C&D debris within the Town, or carry,
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convey or transport, or cause to be carried, conveyed or transported, discarded materials or C&D debris through any of the streets, alleys or public places of the Town. (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 Regional agency or is an agent or employee of the Town acting within the course and scope of their employment.
(c) This Section shall not apply to the following:
(1) Persons carrying, conveying or transporting 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 debris to be salvaged.
(3) Persons collecting or gathering, or carrying, conveying or transporting, discarded materials or C&D debris 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 materials, to an authorized disposal site. (d) This Section 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 collection and transportation 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, 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.
ITEM NO. 9.
Ordinance March 19, 2024
(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, tree-trimming 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.
(Code 1968, § 14-3)
Sec. 11.10.025. Disposal by Town, compliance with collection services franchise agreement required.
(a) Except as otherwise expressly provided in this Chapter, it shall be unlawful for any person to dispose of discarded 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 Regional agency to gather and collect and to dispose of such discarded materials or C&D debris.
(b) Any person who collects and disposes of discarded materials in the Town shall do so in compliance with the exclusive franchise agreement approved by resolution of the Town Council or the Regional agency.
(Code 1968, § 14-4)
ITEM NO. 9.
Created: 2023-05-02 10:48:44 [EST]
(Supp. No. 91)
Sec. 11.10.030. Contracting for collection services
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 Regional 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.
(b) 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. Discarded materials and C&D debris containers—Required. (a) No person shall deposit, keep or accumulate, or cause to be deposited, kept or accumulated, any discarded 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 container 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 Regional agency. (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 rightof-way or private alley. (Code 1968, § 14-6)
Sec. 11.10.040. Collection containers—Size, material, etc. (a) The container for discarded materials required by Section 11.10.035 shall be watertight, equipped with a close fitting cover, and shall meet the specifications as required by an exclusive franchise agreement or non-exclusive franchise agreement.
ITEM NO. 9.
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(b) Larger containers, such as roll-off boxes, may be utilized under terms and conditions prescribed in regulations approved in a C&D debris collection services franchise agreement.
(Code 1968, § 14-7)
Sec. 11.10.045. Accumulations of combustible materials prohibited in certain areas; exception.
No person shall keep any combustible 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 discarded materials, C&D debris or excluded waste. (Code 1968, § 14-10)
Sec. 11.10.055. Dumping of discarded materials or C&D debris restricted to authorized disposal site.
No person shall dump any discarded 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)
ITEM NO. 9.
Ordinance March 19, 2024
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:
(i) Source separated recyclable materials to a facility that recovers recyclable materials;
(ii) Source 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 Regional agency through the exclusive hauler's collection agreement with the Regional 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 Regional 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 Regional 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 Regional 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 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.
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(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.
(c) Self-haulers that are owners or property managers of commercial businesses and multifamily 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 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. (d) Self-haulers that are owners or property managers of commercial businesses and multifamily self-haulers shall provide information collected in 11.50.45(c) to Town, its designee, or Regional 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)
SECTION IV. Article III, “Recyclable Materials,” of Chapter 11, “Garbage, Refuse, and Weeds,” of the Town Code is repealed.
SECTION V. Article V, “Organic Waste,” of Chapter 11, “Garbage, Refuse, and Weeds,” of the Town Code is amended to read as follows:
ARTICLE V. DISCARDED MATERIALS DISPOSAL REDUCTION
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 shall subscribe to the Regional agency's discarded materials collection services for all recyclable materials, organic materials, and
ITEM NO. 9.
Created: 2023-05-02 10:48:45 [EST]
(Supp. No. 91)
solid waste generated as described below in Section (b). Town, its designee, or Regional 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 Overage, 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 Regional 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 Regional 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 Regional agency's discarded materials collection services and comply with requirements of those services as described in this Chapter, except commercial businesses and multi-family residential dwellings that meet the self-hauler requirements in this Chapter. Town, its designee, or Regional 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 Overage, 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 multifamily residential dwellings shall adjust their service level for their collection services as requested by the Town, its designee, or Regional agency. If the commercial businesses and multi-family residential dwellings do not increase their service level as requested by the Town, its designee, or Regional agency, the Town, its designee, or Regional agency may require the exclusive hauler to increase their service level and bill the commercial businesses and multi-family residential dwellings for the increased
ITEM NO. 9.
Ordinance March 19, 2024
service level required to prevent Overages if included in the hauler’s agreement with the Town or Regional agency
(2) Except commercial businesses and multi-family residential dwellings that meet the self-hauler requirements in this Chapter, participate in the Regional agency's discarded materials collection service(s) by placing designated materials in designated containers. Commercial and multi-family 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 Regional 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 Regional agency to their properties during all Inspections conducted in accordance with this Chapter to confirm compliance with the requirements of this Chapter. (7) Accommodate and cooperate with Town's, its designee's, or Regional 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 Regional 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
ITEM NO. 9.
Ordinance March 19, 2024
containers subject to written notification to or approval by the Town, its designee, or Regional 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 Chapter. (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 Regional 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 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 Regional 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 Regional 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 Chapter. (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).
ITEM NO. 9.
Ordinance March 19, 2024
(4) For commercial businesses that are Tier one or Tier two commercial edible food generators, comply with food recovery requirements in this Chapter. (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 Regional 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 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, Regional 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. (3) Notify Town or Regional 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 Regional agency for special circumstances, if Town or Regional agency has approved de minimis waiver. (5) Pay any applicable application fee, which may be established by resolution of the Town Council or Regional agency.
ITEM NO. 9.
Ordinance March 19, 2024
(b) Physical space waivers. Town or Regional 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 Regional 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 Regional agency that it is still eligible for physical space waiver every five (5) years, or other interval deemed appropriate by the Town or Regional agency for special circumstances, if Town or Regional 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 Regional agency.
(c) The Department of Public Works will review and approve of waivers by Town or Regional 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 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)
ITEM NO. 9.
Ordinance March 19, 2024
acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(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.
ITEM NO. 9.
Ordinance March 19, 2024
(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 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 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).
ITEM NO. 9.
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(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 Regional agency, food recovery services and food recovery organizations operating in the Town shall provide information and consultation to the Town or Regional 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 information within sixty (60) days, unless another timeframe is otherwise specified by the Town or Regional agency.
(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 Chapter.
(Ord. No. 2324 , § II, 11-16-21)
ITEM NO. 9.
Ordinance Council Meeting Date
Sec. 11.50.060. Inspections and investigations by Town. (a) The enforcement entity is authorized to conduct inspections 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 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 inspections (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 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 and may result in penalties described.
(c) Any records obtained during inspections, 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 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 shall constitute grounds for issuance of a notice of violation followed by an administrative citation in addition to any other remedies authorized by the Town Code or state law, . 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.
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Ordinance March 19, 2024
(b) Responsible entity for enforcement:
(1) Enforcement pursuant to this Chapter may be undertaken by the Town enforcement official, Regional agency enforcement official, county agency enforcement official, exclusive hauler, or combination thereof, as defined in this Chapter. a. The enforcement entity will interpret this Chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.
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 and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter.
(c) Process for enforcement:
(1) The enforcement entity will monitor compliance with the Chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). This Chapter establishes Town's right to authorize inspections and investigations. (2) The enforcement entity may issue an official notification to notify regulated entities of its obligations under this Chapter.
(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 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 issue an administrative citation, pursuant to the Town Code Sections 1.30.010, Administrative Citations. 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.
ITEM NO. 9.
Ordinance March 19, 2024
(d) Penalty amounts. The criminal citation penalty amounts are set forth in Town Code Section
1.10.040. The administrative citation penalty amounts are adopted by resolution of the Town Council.
(e) 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.
(f) Appeals process. Persons receiving a penalty for an uncorrected violation may request an appeal hearing in accordance with Town Code Sections 1.30.035 and following. A hearing will be held consistent with Town's procedures in the Town Code 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 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) Penalties for non-compliance. If 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 Chapter, as needed. (Ord. No. 2324 , § II, 11-16-21)
ITEM NO. 9.
Ordinance March 19, 2024
SECTION VI. A new Article V, “Construction and Demolition Debris Disposal Reduction,” of Chapter 11, “Garbage, Refuse, and Weeds,” of the Town Code to read as follows:
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.
(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 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.
ITEM NO. 9.
Ordinance March 19, 2024
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 Chapter.
Sec. 11.60.040 Approved Construction & Demolition Debris processing facilities. (a) The Regional agency is authorized to designate and approve C&D debris processing facilities The Regional agency shall issue an approval only if the owner or operator of the facility submits documentation satisfactory to the Regional agency and shall obtain third party certification for mixed C&D debris processing.
(b) A mixed C&D processing facility is required to obtain third party certification prior to registration with the Regional agency. The Regional agency will apply the standards described in the then-current facility certification program, consistent with the procedures set forth in this Chapter, 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 Regional agency.
Sec. 11.60.050 Reporting.
(a) No later than thirty (30) days following the completion of a Covered project, the contractor shall, as a condition of final approval and for issuance of any certificate of occupancy, certify C&D debris was recycled at the diversion rate set by California's Green Building Standard Code and referenced in Section 6.120.010 and submit documentation to the Building department that demonstrates compliance with the requirements of this Chapter. (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.
ITEM NO. 9.
Ordinance March 19, 2024
SECTION VII. Article II, “Noise Limits,” of Chapter 16, “Noise,” of the Town Code is amended to read as follows:
ARTICLE II. NOISE LIMITS
Sec. 16.20.010. Curfew noise disturbance.
(a) Except for any professional refuse collection agency acting pursuant to a franchise agreement with the Town or Regional agency, 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:
(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. (c) 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 right-of-way, and the successors thereof.
(b) Refuse collection vehicles.
(1) Except as authorized by contract with the Town or Regional agency, 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.
(2) No person authorized to engage in waste disposal service or garbage collection shall operate any truck-mounted 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 Article II of this Chapter.
ITEM NO. 9.
33 of 34
Ordinance March 19, 2024
(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.
(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 Chapter. 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)
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.
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.
ITEM NO. 9.
34 of 34
Ordinance March 19, 2024
SECTION XI. Effective Date.
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. 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: __________________
ITEM NO. 9.
PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/02/2024
DATE: March 28, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Modify the Town of Los Gatos Donation Opportunities FY 2023/24 List of Town Needs, Accept the Donation of Automated External Defibrillators and Outdoor SaveStation® Cabinets from the Kyle J. Taylor Foundation, and Authorize the Town Manager to Sign the Acknowledgement Form Provided by the Donor
RECOMMENDATION:
Modify the Town of Los Gatos Donation Opportunities FY 2023/24 List of Town Needs (Attachment 3), accept the donation of Automated External Defibrillators (AED) and outdoor SaveStation® cabinets from the Kyle J. Taylor Foundation, and authorize the Town Manager to sign the acknowledgement form provided by the donor (Attachment 1).
BACKGROUND:
The Kyle J. Taylor Foundation (Foundation) is a Los Gatos based organization that was formed following the death of 18-year-old Kyle John Taylor in 2018. Mr. Taylor was a graduate of Leigh High School who passed away of Sudden Cardiac Arrest (SCA) while in college despite appearing healthy. The mission of the Foundation is to raise awareness about youth SCA, advocate of more widespread screening, and improve access to AED devices. While Council Member Moore is affiliated with this Foundation, the Council Member had no involvement with Town staff on this item.
The Foundation approached the Town of Los Gatos to offer a donation of AEDs and Save Stations at two locations – Blossom Hill Park and Creekside Sport Park. The donation would include two defibrillators and two SaveStation® cabinets for their housing and is valued at $10,762. Attachment 1 is the letter that, if authorized for the Town Manager to sign, would acknowledge acceptance of the donation.
ITEM NO. 10.
PAGE 2 OF 3
SUBJECT: Authorize Town Manager to Receive Donation from the Kyle J. Taylor Foundation
DATE: March 28, 2024
BACKGROUND (continued):
The Town currently owns and maintains seven AED devices, all located inside buildings. This donation would provide AEDs in two park areas noted above that are heavily used for youth sports.
DISCUSSION:
Town Council Policy 2-17 (Attachment 2) states that acceptance or rejections of donations are considered based on specific criteria as outlined below:
Purpose of the donation.
Community or municipal need for the donation.
Compatibility of the donation with Los Gatos Municipal Code, policies, programs, and other applicable laws.
Timeliness of the donation as it relates to implementation. Level of benefit and financial impact to the Town.
Staff believes these criteria are met with this donation.
Each year, Town staff review and update the list of Town needs that represent potential donation opportunities. The most recent list was adopted by Town Council during the May 16, 2023 budget hearing. Staff is recommending that this list be updated to facilitate acceptance of this donation. Attachment 3 presents the proposed edits.
The ongoing maintenance of AEDs includes periodic inspections and replacement of pads. The AEDs would be placed on the existing restroom buildings at each park, providing a convenient and visible location.
The SaveStation® system provides a cabinet intended to house AEDs in an outdoor environment where they can be protected from the elements, and with remote monitoring to notify staff if the cabinet has been opened. Opening the box also results in an audible alarm for both notification and to deter potential vandalism.
After installation, staff believe the ongoing maintenance requirements of the donation can be met using existing staff resources.
CONCLUSION:
Staff recommends that Town Council authorize acceptance of the donation. Once installed, these units will improve the safety of the Los Gatos community.
ITEM NO. 10.
PAGE 3 OF 3
SUBJECT: Authorize Town Manager to Receive Donation from the Kyle J. Taylor Foundation
DATE: March 28, 2024
COORDINATION:
This report was coordinated with the Town Attorney’s Office and the Town Manager’s Office.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Donor Acknowledgement Letter
2. Council Policy 2-17
3. Town of Los Gatos Donation Opportunities FY 2023/24 List of Town Needs (Rev 4/2/24)
ITEM NO. 10.
March 11, 2024
Town of Los Gatos Parks & Recreation
110 E. Main St.
Los Gatos, CA 95030
The Kyle J. Taylor Foundation is pleased to fund for the Town of Los Gatos new Automated External Defibrillators (AED) and outdoor SaveStation cabinets for Creekside Park and Blossom Hill Park
The Kyle J. Taylor Foundation is funding:
• Two Defibtech AEDs
• Two SaveStation outdoor cabinets
Please understand that the Kyle J. Taylor Foundation has no involvement with the manufacture or maintenance of the AEDs, and, aside from this donation and others, we have no business or financial relationship with SaveStation. Our involvement is limited to our hope the AEDs we help fund will save lives.
While we are providing the funding, your organization will own the AED and cabinet.
When your organization takes possession of the AED and cabinet, it assumes all management and maintenance responsibility. It is critical to have ongoing management/maintenance to ensure the AED is always ready for an emergency situation. Should you choose not to maintain the device or to use it anymore, we ask that you promptly donate it to the Kyle J. Taylor Foundation.
By accepting this donation, you agree to:
• Register the AED with RescueStat, and your local EMS
• Assure the AED will be accessible, properly stored and properly maintained. • Inform the Kyle J. Taylor Foundation if the AED was used in an emergency. • Inform the Kyle J. Taylor Foundation if your contact person changes. • Promote the donation and the Kyle J. Taylor Foundation though social media, newsletter, etc.
• Permit the Kyle J. Taylor Foundation to publicize this donation in social and other media.
• Take all actions needed to maintain and in force any indemnification protections SaveStation provide to you.
• In the event of a personal injury claim based on the AED, you will seek recourse and/or indemnification from SaveStation, Defibtech or such other person or entity ATTACHMENT 1
ITEM NO. 10.
as may be responsible, and not see damages, other recourse, and/or indemnification from the Kyle J. Taylor Foundation
• If the Town of Los Gatos no longer chooses to keep or maintain the AED/SaveStation cabinet, promptly donate the AED/SaveStation to Kyle J.
Taylor Foundation
Thank you for joining the Kyle J. Taylor Foundation in our mission to protect young hearts.
Please sign this letter, keep a copy for your organization’s records and return a signed copy to the Kyle J. Taylor Foundation by email [email protected] Sincerely,
Jennifer Sarmento
Mom/Executive Director
Kyle J. Taylor Foundation
kylejtaylor.org
The undersigned hereby represents that, as it’s s/he is authorized to sign this agreement on behalf of the Town of Los Gatos and, in that capacity, agrees to the conditions outlined in this letter.
Town of Los Gatos
Signature:
Print Name:
Title:
Date:
ITEM NO. 10.
Title: Solicitation and Donation Policy I Policy Number: 2 -17 Effective Date: 1016115 Pages: 4
Z
bling Actions: Revised Date:
roved:
PURPOSE
The purpose of this policy is to effect Town donations and solicitations in a manner that complies with both the letter and spirit of California ethics laws and, within that that framework, to expand the potential for community donations by establishing a mechanism by which individuals and organizations may be more readily advised of donation opportunities.
SOLICITATION GUIDELINES
Targeted Solicitation
Targeted solicitation is defined as the direct petition or contact of specific individuals, companies, foundations or other entities initiated by the Town Council and other elected officials, Council advisory bodies, and Town employees herein called " Town Officials" for the purpose of receiving goods, services, or other contributions for the Town. Targeted solicitation excludes the direct petition for government, private, or non - profit grants for Council- approved programs, projects, and services. Unless prior approval has been given by the Council, Town Officials shall not engage in targeted solicitation activities on behalf of the Town.
BROAD OUTREACH GUIDELINES
Broad Outreach
Broad outreach is defined as the process of informing a broad spectrum of individuals, companies, foundations, non - profit organizations, or other entities of donation opportunities through various communication vehicles, including but not limited to written, electronic, or internet - related publications, flyers, brochures, news releases, and television or radio announcements. Broad outreach is permitted by the Town Manager or designee subject to the guidelines provided in this policy.
The following broad outreach guidelines apply when communicating a Town need for goods, services, or other contributions:
ATTACHMENT 2
ITEM NO. 10.
Page: Policy Number:2 -17
Title: Solicitation and Donation 2 of4
Broad outreach must relate to a Town Council- approved purpose, service, project, or program.
Broad outreach for goods, services, or other contributions should be made by using a variety of communication methodologies to ensure outreach to the entire community.
Donations shall not be made under the guise, pretense, or presumption of receiving official Town endorsement or approval of the donating party, product, project, or activity.
PROCEDURE FOR ESTABLISHING COUNCIL APPROVED TOWN NEEDS
The Council shall direct the Town Manager to develop a list of recommended Town needs for donation opportunities. Council consideration and approval of the list of Town needs may occur as part of the annual operating and capital budget development process and can be amended by Council at any time.
DONATION ACCEPTANCE GUIDELINES
All goods, services, or other contributions offered by individuals, companies, foundations, non - profit organizations, or other entities will be considered for acceptance or rejection, including items offered for donation that are identified on a Council approved list of needs. The acceptance of all donations to the Town will be based on the following guidelines.
Purpose of the donation.
Community or municipal need for the donation.
Compatibility of the donation with Los Gatos Municipal Code, policies, programs, and other applicable laws.
Timeliness of the donation as it relates to implementation.
Level of benefit and financial impact to the Town.
All donations should be reviewed by the Town Manager or designee in advance of acceptance to ensure consistency with established policy guidelines.
AUTHORITY TO ACCEPT DONATIONS
The authority to accept all donations is based on the market value of the donation as reasonably determined.
Donations $25,000 and Under
The Town Manager or designee is authorized to accept or reject all minor donations that have a market value equal to or less than $25, 000.
Donations over $25,000
ITEM NO. 10.
7 Title: Solicitation and Donation
The Town Council shall consider and accept or reject all major donations that have a market value greater than $25,000.
Ongoing Annual Donations from 501( c)( 3) Organizations dedicated to supporting specific Town Departments in Offering Community Services:
Potential uses for donation funds will be discussed and agreed upon with the respective nonprofit bodies, in accordance with the Council approved Solicitation and Donation Policy.
Funds donated will be placed into accounts as designated by the Finance Director.
The departments may expend donated funds once received and deposited into the appropriate account only for items identified on the Council approved Town of Los Gatos Donation Opportunities List of Town Needs, which is approved annually with the Town' s operating budget.
At the end of each fiscal year, a written listing of items purchased from these accounts, in accordance with the Donation Policy, shall be provided to the Town Manager and Town Council.
PROCEDURES FOR ACCEPTING MAJOR DONATIONS
For all major donations, a staff report, containing analysis based on the donation acceptance guidelines established in this policy, will be written to guide the Council when considering major donations. The report will also provide donation recognition alternatives for Council consideration should the donation be accepted. The Council will determine on a case by case basis if the donation should be accepted or rejected.
DONOR RECOGNITION GUIDELINES
Acceptance of donations shall be acknowledged by the Town. Donation recognition practices shall be implemented in a consistent manner and adhere to Town Municipal Code, all applicable laws, regulations, and policies. Recognition of donations will be determined by the Council or Town Manager and shall be consistent with acceptance requirements of this policy and the guidelines set forth below:
Donations accepted by the Town may be acknowledged through one or more of the forms of recognition as indicated below. Other forms of recognition may be approved by the Town Council via resolution if compelled by special circumstances which shall be specified in the resolution.
Written and /or verbal recognition.
Public recognition at Town Council meetings.
Inclusion in Town public communication materials, such as electronic media and selected publications.
Plaques.
ITEM NO. 10.
Title: Solicitation and Donation
Policy Number:2 -17
Plaques may be used to commemorate donations accepted by the Town from persons, businesses, and organizations according to the following standards:
Plaques used for recognition purposes may be affixed to an appropriate Town facility, which includes, but is not limited to a building or any portion thereof, structure, equipment, furniture or natural asset.
Plaques shall include the name( s) of the person(s) being recognized and applicable date, with standard wording limited to:
The Town of Los Gatos recognizes and appreciates
his /her /their] donation to [identify facility].
The Town of Los Gatos recognizes and appreciates
organization] for its donation to [identify facility].
The Town of Los Gatos recognizes and appreciates
to [identify facility] in the name of
Or language acceptable to the Town Council.
and his /her family] for
business or
for [his /her /its] donation
The size of the plaque shall not exceed 8 "x10," unless the number of donors exceeds the allowable space. For multiple donors, the names of the donors should be proportioned thereto, and the size of the plaque shall not exceed four (4) square feet. The location, materials, size and color of plaques shall be consistent with acceptance requirements of this policy or by Council on a case by case basis should special circumstances exist, which shall be specified in a resolution. Unless compelled by special circumstances and approved by the Town Council via resolution, Town facilities shall not be named after an individual, group, organization or business as a result of any donated good, service, or other contribution to the Town.
APPROVED AS TO FORM:
Robert Schult T wn Attorney
ITEM NO. 10.
ATTACHMENT 3
TOWN OF LOS GATOS DONATION OPPORTUNITIES
FY 2023/24 LIST OF TOWN NEEDS (Rev 4/2/24)
To ensure that all donations and contributions are sought and accepted in an ethical manner, the Council established a Donation and Solicitation Policy. A list of Town needs was developed to identify goods, services, and other contributions to enhance Town services, programs, and events. The recommended needs for FY 2023/24
PUBLIC SAFETY
Volunteer Program Materials and Equipment
Specialized Public Safety Equipment and Supplies, including Support for Canine Program Training Support for Public Safety Staff and Volunteers Equipment, Supplies and Materials to support Police Operations Community Outreach Program Supplies
LIBRARY SERVICES
Children, Youth, and Adult Program Collections, Supplies and Services Media items and other items for public circulation
Funding to Support Technological Enhancements, including Digital Services Equipment and Services to Support Historical Preservation Efforts Resource support for Collection Development and Reference, Local History, and Library Policy
SENIOR SERVICES
Home emergency kits geared towards the needs of seniors Senior Service Committee seeks targeted solicitations for community engagement per the Town Solicitation and Donation Policy.
COMMUNITY EVENTS
Supplies, Materials, and Services for Special Community and Volunteer Events and Activities Funding for the realization of Public Art projects or Donations of Public Art subject to Public Art Selection Policy
TOWN PARKS AND FACILITIES
Beautification Materials and Services for Town Parks, Open Space, and Infrastructure; Land for Parks and Open Space
Contributions that Support Recreation or Expansion of Athletic Fields Contributions that support multi-modal transportation. Medical devices that enhance public safety
SUSTAINABILITY
Contributions to Help Minimize Impacts on Local, Regional, and Global Ecosystems through Conservation, Reduced Pollution, Increased Efficiency, and Protection of Wildlife, Vegetation, and other Ecosystems.
TECHNOLOGY
Equipment, Software and Services to Enhance Communication with the Public and Organizational Productivity
ITEM NO. 10.
PREPARED BY: Ryan Baker
Library Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/02/2024
DATE: March 17, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve a Novation Replacing Columbia Telecommunications Corporation with Imperial County Office of Education for the State Negotiated Contract for the Library’s Corporation for Educational Network Initiatives in California Broadband Connection and Servicing
RECOMMENDATION:
Approve a novation replacing Columbia Telecommunications Corporation with Imperial County Office of Education for the State negotiated contract for the Library’s Corporation for Educational Network Initiatives in California broadband connection and servicing.
BACKGROUND:
Since 2015, the Library’s internet broadband has been provided through a partnership with the California State Library and Corporation for Educational Network Initiatives in California (CENIC). The CENIC broadband program provides highly subsidized rates for broadband internet service for the public through the State’s CalREN broadband infrastructure that connects the majority of public libraries, public colleges and universities, and K-12 schools in California.
In 2022, the State entered into a contract with the Columbia Telecommunications Corporation (CTC) to be the new administrator of the CENIC program. All state-wide participating organizations updated their individual CENIC contracts to reflect this change. The Town approved this new contract in May of 2023 (Attachment 1).
ITEM NO. 11.
PAGE 2 OF 2
SUBJECT: Library Broadband
DATE: March 17, 2024
DISCUSSION:
The CTC has recently given notice to discontinue their contract with the State, and the State has selected the Imperial County Office of Education (ICOE) to be the new program administrator.
As part of the change, the Town should approve a novation (Attachment 2) acknowledging the change of parties in the agreement.
The terms of the existing agreement and the novation language were negotiated and approved by the California State Library and are therefore non-negotiable.
FISCAL IMPACT:
No fiscal impact. The novation only alters the parties of an existing agreement.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Agreement with CTC for CENIC Broadband Administration (May 2023)
2. Novation Agreement
ITEM NO. 11.
Master Agreement Page 1 of 7
AGREEMENT BETWEEN LOS GATOS LIBRARY AND COLUMBIA
TELECOMMUNICATIONS CORPORATION
FOR THE PROVISION, INSTALLATION AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES
This Agreement, hereinafter referred to as “Agreement”, is entered into as of May 17, 2023 by and between Columbia Telecommunications Corporation d/b/a CTC Technology and Energy, hereinafter referred to as “CTC” and the Los Gatos Library, hereinafter referred to as “Library”. CTC and Library are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties”. All written communications between the parties shall be addressed as follows unless and until amended in writing by the respective party.
Los Gatos Library
Laurel Prevetti
Town Manager
100 Villa Ave
Los Gatos, CA 95030
CTC Technology and Energy
Heather D. Mills
Vice President, Grant & Funding Strategies
10613 Concord Street
Kensington, MD 20895
[email protected]
WITNESS THAT
WHEREAS, CTC, is the Statewide Broadband Access Administrator for the California State Library Broadband Services Project (“Project”); and
WHEREAS, CTC, on behalf of the California State Library, has contracted with the Corporation for Education Network Initiatives in California (“CENIC”) and its subsidiaries to provide high speed networking to libraries in California; and
WHEREAS, Library desires to enter into an agreement with CTC to obtain one or more data circuits to connect Library to the CENIC high speed broadband fiber network, CalREN, and, if specified in Appendix #1, attached, to connect Library to other library sites as identified in said Appendix for the purpose of connecting to CalREN.
NOW THEREFORE, Library and CTC enter into this Agreement:
1. Purpose
It is the purpose of this Agreement to set forth the terms and conditions applicable to the provision of communications and related network services to Library under the Project.
2. Services to be Provided
Parties understand that the primary communications infrastructure provided by CENIC is the California Research and Education Network ("CalREN"). Services that CENIC will provide to Libraries will include use of CalREN and contracting for and provision of data circuits supplied by network service providers.
ATTACHMENT 1 Page 87
ITEM NO. 11.
Master Agreement Page 2 of 7
CTC, on behalf of Library, will contract with CENIC for such data circuits. Specific circuits and their costs are included in the Appendix #1 attached which may be amended from time to time by mutually signed Addenda (“Services”). CTC assures Library that CENIC or CTC will notify Library of installation requirements and necessary maintenance instructions. Neither CENIC nor CTC shall be responsible for operating or maintaining software, equipment or cabling that connects equipment or network services not provided by CENIC for the Services unless specifically agreed to in writing by CENIC.
Parties agree to provide notice to the other Party within 10 calendar days of a failure by CENIC or the network service provider to deliver Services, or otherwise comply with the terms as described in this Agreement, including Appendix #1 and subsequent Addenda. If noticed non-performance is not cured in a timely manner, Parties agree to meet within 10 days of said notice and discuss appropriate remedies including but not limited to cancellation of related services or service credits as specified in the underlying agreements between CENIC and its network service provider and CTC and CENIC.
Library is responsible for calculating and paying any early termination penalties that might apply due to cancellation of existing connections so that it may receive Services under this Agreement.
Library is responsible for completing, signing, and submitting any required Letter of Agency, or related documentation, to confirm its participation in and eligibility for the E-rate Consortia and to authorize CENIC, as the E-rate Consortia lead, to act on its behalf as described under the Letter of Agency for the purpose of securing E-rate discounts.
Library is further responsible for completing, signing, and submitting any responsible Letter of Authorization, or related documentation, to the California Public Utilities Commission to authorize CTC and CENIC to act on its behalf to submit an application and supporting documentation for the purpose of receiving discounts on eligible network services as part of the California Teleconnect Fund program.
If Library is currently receiving E-rate funding for its existing services, Library remains responsible for continuing to apply for that E-rate funding until all CENIC Services are turned up and existing E-rate supported services are canceled.
3. Term and Termination of this Agreement
(a) TERM OF THIS AGREEMENT. This Agreement shall be in effect from May 17, 2023 until the termination of all Services including the circuits ordered under this Agreement (as defined in Appendix #1: CENIC Circuit Quote and any subsequent Addenda under this Agreement), or unless otherwise terminated by a Party pursuant to the terms of this Agreement. Specific terms for the circuits provided pursuant to this Agreement shall depend on the specific date such circuit is “handed off” to Library pursuant to Appendix #1 or subsequent Addenda or as noticed in writing by CENIC to Library. (b) TERMINATION. Termination of this Agreement prior to the end date of any given circuit, as described in Appendix #1 or subsequent Addenda, shall result in Library paying any applicable circuit telecommunications carrier termination charges or similar early termination charges that CTC incurs under its agreement with CENIC resulting from early termination of the Service.
ITEM NO. 11.
Master Agreement Page 3 of 7
(c) Notwithstanding the above, upon a sixty (60) day written notice prior to the second and each following June 30 after a circuit is installed, Library may cancel a circuit without penalty if it verifies to CTC and CENIC that funding to pay for that circuit is not available and Library agrees that for at least 12 months after said notice it will not order or otherwise obtain a replacement circuit or substantially similar services in place of the cancelled circuit. (d) Library may terminate this Agreement with no penalty if non-recurring, one-time costs for all circuits included in Appendix #1 and any subsequent Addenda are materially increased by the telecommunications carrier from the amount shown in Appendix #1. (e) CTC may terminate this Agreement or assign its rights and responsibilities under this Agreement to a third party upon no less than sixty (60) day written notice to Library, in the event of termination or expiration of its duties and obligations under the Project and with written approval of the California State Library.
4. Payment
CTC bills quarterly in arrears. Payment for services shall be due within thirty (30) days of receipt of a CTC invoice reflecting provision of the services for which the invoice is sent; or as otherwise agreed to by Library and CTC. Except for non-recurring costs, if any, costs in Appendix #1 and any subsequent Addenda shall only begin upon installation of circuit(s). Library will put forth reasonable efforts to make payments within thirty (30) days after receipt of invoice. Library understands and agrees that CTC will only make payment to CENIC for services upon receipt of related payments from Library. If Library fails to make payments within thirty (30) days after receipt of invoice, it agrees to pay any reasonable late payment fees incurred by CTC under its agreement with CENIC.
Unless otherwise agreed to between the Parties, all circuit deployment fees, if any as set forth in Appendix #1 and subsequent Addenda are non-cancelable and nonrefundable. Upon termination of this Agreement, or any Services provided under this Agreement, any outstanding circuit deployment fees, outstanding recurring charges, non-recurring fees, applicable circuit termination charges, and applicable early termination penalties, shall become due and payable immediately upon termination.
5. Miscellaneous
(a) CONDITIONS OF USE. Library agrees to conform to the CENIC Appropriate Use Policy located at https://cenic.org/network/policies/acceptable-use-policy (revised September 13, 2004) and to any specific conditions of use imposed by network service providers or subcontractors providing communications services to CENIC as may be in force at the time such services are made available, including pursuant to an Addendum to this Agreement. If CENIC, subcontractors, or network service provider conditions of use are modified, Library will be notified and if Library believes it can no longer conform to their requirements, Library shall have one hundred eighty (180) days from the notice of the modification to terminate the affected Service(s) without penalty. Library must provide a 30-day written notice of its termination under this provision to CTC and CENIC. If Library does not elect to terminate the Service(s), Library must conform to the revised conditions of use. If Library fails to conform to the revised conditions of use, the Services may be subject to termination upon sixty (60) day notice to Library from CTC or CENIC.
ITEM NO. 11.
Master Agreement Page 4 of 7
(b) CONFLICTING CLAUSES. If any clause in this Master Agreement is in conflict with a clause in an Addendum to this Agreement, the language in the Addendum shall take precedence only for the service defined in that Addendum. (c) FORCE MAJEURE. Neither Party shall be responsible for performance of its obligations hereunder where prevented, delayed, or hindered by war, riots, embargoes, strikes involving third parties, acts of third party communications service providers, including any local access provider, or of their vendors, or suppliers unrelated to the services offered under this Agreement, acts of unrelated third parties, accidents, cable cuts by third parties not related to services provided under this Agreement, natural disasters, act(s) of God or any other event beyond the reasonable control of the Parties.
(d) GOVERNING LAW. The laws of the State of California shall govern this Agreement. (e) NON-LIBRARY USES: Library understands that this agreement covers only library use of CalREN and of circuits provided hereunder and Library agrees that no other uses will be made of the services provided herein.
6. Entire Agreement
This Agreement and any Addenda contemporaneously or subsequently executed by the parties constitute the entire Agreement between the parties regarding the subject matter of this Agreement and supersede all prior written or oral agreements with respect to such. This Agreement may not be modified orally, and no modification or amendment shall be binding unless in writing and signed by authorized representatives of both parties.
7. General Provisions
7.1 Nondiscrimination: During the performance of this Agreement, (a) CTC and its subcontractors shall not deny the Agreement’s benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex. (b) CTC shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
7.2 Severability: It is expressly agreed and understood by the Parties hereto that if any provision of this Agreement is held to be or invalid under any applicable statute or rule of law, it is deemed to that extent to be omitted. However, the balance of the Agreement shall remain in full force and effect.
7.3 Rights and Remedies: The rights and remedies of the Parties provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law.
7.4 Prior Agreements: Library agrees that any prior agreements entered into between any entity that previously served as the Broadband Administrator and the Library for the purpose of participating in the CENIC E-Rate Consortium or receiving services pursuant to that program has been terminated.
ITEM NO. 11.
Master Agreement Page 5 of 7
8. Indemnification. Library agrees to indemnify, defend and save harmless CTC, its, officers, agents and employees from any and all claims, losses, and liabilities accruing or resulting to CTC and any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Library in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Library, its officers, agents, or employees. CTC agrees to indemnify , defend, and save harmless Library, its trustees, officers, agents and employees from any and all liabilities accruing or resulting to Library and any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by CTC in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of CTC, its officers, agents, or employees.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives.
For Library For Columbia Telecommunications Corporation
Signature Signature
Joanne S. Hovis
Name Name
President
Title Title
Date Date
ITEM NO. 11.
Master Agreement Page 6 of 7
Appendix #1
Provision, Installation and Maintenance
Of Advanced Network (Data) Services:
Reimbursement of Circuit Costs
This Appendix lists the circuits contracted for by CENIC on behalf of CTC and the Library for connecting CENIC’s fiber optic backbone to Library and for library connections that are not direct connections to CENIC’s fiber optic backbone, e.g. direct connections between libraries (defined as “Services” in the Agreement). Library understands that CENIC will bill CTC, and CTC will bill Library, for the costs of circuits charged by network service providers, including any taxes and surcharges, and any one-time installation fees. Prior to approval of CENIC’s Erate Consortium Library Application, not all applicable E-rate and CTF discounts will be reflected on invoices. After the E-rate Application for any given year is approved, the network service provider will coordinate with CENIC to provide appropriate credits and such credits will be passed from CENIC to CTC and from CTC to the Library. Such credits are typically issued sometime during the fiscal year after the year in which the circuits are installed and Services are first provided. In subsequent years, credits continue to be issued in the fiscal year after the year for which Services have been provided. Library further understands that the exact discounted cost of circuits will not be known until after the E-rate Consortium Library Application is approved. The actual start date of the Service, and therefore of circuit costs, will be dependent on coordination among CENIC, the Library and the network service provider. Any one-time (Non-recurring or NRC) costs included below are typically invoiced by carriers prior to circuit installation and will be invoiced to Library upon receipt of invoice to CENIC from the network service provider.
ITEM NO. 11.
Quote For Los Gatos
Customer: Los Gatos Public Library
Budget Summary Description: 1Gbps to CENIC Hubsite
Line Item NRC
Non-Recurring Cost
MRC
Monthly Recurring Cost
ARC
Annual Recurring
Cost
1 Equipment $0.00 $0.00 $0.00
2 Maintenance $0.00 $0.00 $0.00
3 Installation $0.00 $0.00 $0.00
4 Circuit $0.00 $731.70 -
Total $0.00 $731.70 $0.00
Annual Cost $8,780.40
E-rated Annual Cost† $2,634.12
Total for Year 1 $8,780.40
E-rated Total for Year 1† $2,634.12
*Pricing does not include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices at CENIC’s actual cost.
*If an Out of Band line is required, customer must provide a phone line for OOB or allow CENIC to order one and be reimbursed for both the one-time installation and ongoing monthly recurring costs. *NRC items are one-time costs billed upon execution of contract. *MRC items are billed quarterly.
†E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. Actual discount percentage will be identified by the E-rate authorities at a later point †E-rate and CTF reimbursements are dependent upon the continued funding of these programs. CENIC/Califa cannot guarantee the E-rate and CTF discounts, and these discounts are subject to change. †E-rate Costs may take up to 18 months to activate due to USAC processing time Version: 1.0
ITEM NO. 11.
Los Gatos Carrier Costs
*Pricing does not include applicable taxes, surcharges, and fees. These costs may vary and will be included in
invoices at CENIC’s actual cost.
E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. Actual discount percentage will be identified by the E-rate authorities at a later point
LOC A** Carrier Info E-rate Discount 40.00% Total Discounted MRC Total Discounted NRC Site Name Site Name Service
Provider
Requested
Bandwidth
Est Contract End
Date
Non Recurring
Cost
MRC for 5 year
term
Discounted NRC Discounted MRC $219.51 $0.00
Los Gatos Public Library - Los
Gatos Public Library CENIC Hubsite AT&T 1Gbps 7/1/2025 $0.00 $731.70 $0.00 $219.51
ITEM NO. 11.
NOVATION AGREEMENT BETWEEN
THE IMPERIAL COUNTY OFFICE OF EDUCATION
COLUMBIA TELECOMMUNICATIONS CORPORATION
and
LOS GATOS LIBRARY
FOR THE PROVISION, INSTALLATION, AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES
This Agreement, hereinafter referred to as “Novation,” is entered into as of March 31, 2024, by and between the Imperial County Office of Education, hereinafter referred to as “ICOE,” the Los Gatos Library, hereinafter referred to as “Library,” and Columbia Telecommunications Corporation, hereafter referred to as "CTC." ICOE, CENIC, and Library are sometimes referred to in this Novation individually as “Party” and collectively as “Parties.” All written communications between the parties shall be addressed as follows unless and until amended in writing by the respective party.
WHEREAS, Califa, acting on behalf of the California State Library, is the Statewide Broadband Aggregator for the California State Library Broadband Services Project; and WHEREAS, Library entered into the Original Agreement with Califa, dated June 10, 2020, to obtain one or more data circuits to connect the Library to the CENIC high-speed broadband fiber network, CalREN, and, if specified in Appendix #1 and subsequent Addenda, attached, to connect the Library to other library sites as identified in said Appendix for the purpose of connecting to CalREN.
WHEREAS, as of May 1, 2022, the California State Library appointed Columbia Telecommunications Corporation ("CTC") to assume the rights and responsibilities and perform the functions of the Statewide Broadband Aggregator on behalf of the California State Library as defined by the terms of the California Broadband Services Project program and that, upon said appointment, Califa will cease to perform those functions.
WHEREAS, CTC provided notice of its intention to terminate its appointment and end its responsibilities under the agreement as Statewide Broadband Aggregator on behalf of the California State Library, effective as of December 31, 2023.
WHEREAS, as of January 1, 2024, the California State Library has appointed ICOE to assume the rights and responsibilities and perform the functions of the Statewide Broadband Aggregator on behalf of the California State Library as defined by the terms of the California Broadband Services Project program and that, upon said appointment, CTC has ceased to perform those functions.
Now, Therefore, The Parties execute this Agreement to novate the assumption of the duties under the Original Agreement to ICOE: The Parties acknowledge and agree that CTC, on behalf of the California State Library, has transferred and assigned its duties and responsibilities of the Statewide Broadband Aggregator to CTC pursuant to the terms of the grant program administered by the California State Library.
ATTACHMENT 2
ITEM NO. 11.
By signing this Amendment, ICOE, the Library, and CTC agree that,
1. The Original Agreement is hereby amended to replace the reference to "CTC" with a new reference to "ICOE."
2. The Original Agreement remains in full force and effect as between the Library and ICOE from the date of this Agreement, and ICOE, on behalf of the California State Library, will assume all rights and responsibilities of CTC under the Original Agreement.
3. ICOE will perform the functions agreed to by CTC as set forth under the Original Agreement, including all addenda, appendices, and subsequent amendments.
4. The Indemnification clause in the Original Agreement is amended to state:
Indemnification. The Library agrees to indemnify, defend and save harmless ICOE, its officers, agents, and employees from any and all claims, losses, and liabilities accruing or resulting to ICOE and any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Library in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the Library, its officers, agents, or employees.
ICOE agrees to indemnify, defend, and save harmless the Library, its trustees, officers, agents, and employees from any and all liabilities accruing or resulting to the Library and any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by ICOE in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of ICOE, its officers, agents, or employees.
5. This Agreement serves as written notice to the Library of this change in the Broadband Aggregator duties and of the continued obligation by the Library to comply with the terms and conditions of the Original Agreement.
6. TERM OF THIS AGREEMENT. This Agreement shall be effective from March 31, 2024, through June 30, 2024. This Agreement will automatically renew unless one party notifies the other at least 60 days before June 30, 2024.
ITEM NO. 11.
IN WITNESS WHEREOF, the parties hereto have caused this Novation Agreement to be executed by their respective duly authorized representatives.
For Library For ICOE
_____________________________
Signature
_____________________________
Name
_____________________________
Title
_____________________________
Date
ITEM NO. 11.
PREPARED BY: Clinton Tada
Support Services Captain
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 28, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize Revenue and Expenditure Budget Adjustments in the Amount of $65,000 to Recognize Receipt of State Homeland Security Grant Program (SHSGP) funds and Authorize the Town Manager to Execute the Required Agreement and Grant Documents to Receive Reimbursement Funds in Accordance with SHSGP Requirements
RECOMMENDATION:
Authorize revenue and expenditure budget adjustments in the amount of $65,000 to recognize receipt of State Homeland Security Grant Program (SHSGP) funds and authorize the Town Manager to execute the required agreement and grant documents to receive reimbursement funds in accordance with SHSGP requirements.
BACKGROUND:
The U.S. Department of Homeland Security provides funding to state and local governments through the State Homeland Security Grant Program (SHSGP). SHSGP plays an important role in the implementation of the National Preparedness System (NPS) by supporting the building, sustaining, and delivery of core capabilities essential to achieving the National Preparedness Goal (NPG) of a secure and resilient nation. Delivering core capabilities requires the combined effort of the whole community, rather than the exclusive effort of any single organization or level of government. SHSGP funds support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas, including Building and Sustaining Law Enforcement Terrorism Prevention Capabilities.
ITEM NO. 12.
PAGE 2 OF 3
SUBJECT: Accept State Homeland Security Grant Program Funding and Authorize Budget Adjustment
DATE: March 28, 2024
DISCUSSION:
In FY 2022/23, the Los Gatos-Monte Sereno Police Department (LGMSPD) applied for SHSGP grant funding to purchase an off-road side-by-side Utility Terrain Vehicle (UTV), gas masks, and ballistic riot protection helmets for sworn Officers.
The Santa Clara County Police Chiefs Association (SCCPCA) was an advocate and sponsor of this project, given the regional mutual aid UTVs provide for rural mitigation and response efforts by first responders during critical incidents and disasters. In September 2022, SHSGP applications were submitted to the Santa Clara County Office of Emergency Services (County OES) where the approving board recommended full funding of this project. County OES then submitted the project to Cal OES for final approval review and funding authority.
In January of 2024, County OES was advised by Cal OES the grant was approved and the Los Gatos-Monte Sereno Police Department was awarded a $65,000 reimbursement grant to purchase a law enforcement equipped off-road side by side UTV and to supplement the costs of new gas masks and ballistic riot helmets for sworn Officers. The UTV will be a shared regional asset by all law enforcement agencies throughout the Santa Clara County operational area for deployment during public events, rural patrol/rescue missions, and during mutual aid critical incidents. With the increase in domestic terror-related incidents, Wildland Urban Interface (WUI) fire threats, and open space and creek trail use, accessibility, and mobility for first responders to and from these areas continue to pose significant risks.
The purchase of a UTV will allow Officers to conduct proactive patrol checks and respond to calls for service along the creek trail and open space areas, which are traditionally difficult to access in a full-sized patrol vehicle without four-wheel drive. Prior to purchase, the LGMSPD will identify several reputable UTV government fleet vendors which specialize in law enforcement equipped all-terrain vehicles with full patrol capabilities. Residual funding after the UTV is purchased would be applied to purchase of updated gas masks and ballistic helmets to replace expired equipment for officers.
CONCLUSION:
Approval of this item would authorize the Town Manager to execute the required SHSGP agreement and authorize $65,000 expenditure and revenue adjustments for SHSGP reimbursement grant funds to be used for the purchase of a UTV, gas masks, and ballistic helmets. The UTV will be a Santa Clara County shared regional asset available for use during mutual aid requests. The gas masks and ballistic helmets allow for LGMSPD Officers to respond to mutual aid events where such safety equipment is necessary. The residual funds after the
ITEM NO. 12.
PAGE 3 OF 3
SUBJECT: Accept State Homeland Security Grant Program Funding and Authorize Budget Adjustment
DATE: March 28, 2024
CONCLUSION (continued):
purchase of the UTV will not cover the cost for all Officers to receive gas masks and ballistic helmets but will help supplement the purchase.
FISCAL IMPACT:
Upon Council approval of the acceptance of SHSGP funds, a budget adjustment will be made to the Police Department Operating Expenditures budget. The budget adjustment will recognize an increase in expenditures in the amount up to $65,000; this will be offset by grant revenue of an equal amount. The grant will be recorded in the FY 2024/25 Police Department budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ITEM NO. 12.
PREPARED BY: Gitta Ungvari
Finance Director
Reviewed by: Town Manager, Town Attorney, and Assistant Town Manager 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/02/2024
DATE: March 25, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Third Amendment with HdL Companies for Business License Consulting and Reviewing Services to Review Draft Procedures for the Apportionment of Business License Taxes with Netflix Inc. Not to Exceed $40,000 with a Total Contract Not to Exceed $273,000
RECOMMENDATION:
Staff recommends that the Council authorize the Town Manager to execute a third amendment with HdL Companies for business license consulting and reviewing services to review draft procedures for the apportionment of business license taxes with Netflix Inc. not to exceed $40,000 with a total contract not to exceed $273,000.
BACKGROUND:
In November 2022, Los Gatos voters approved Measure J, which modernized the Town’s business license tax program. This was the first update to the program since 1991 and included adjustments to flat rate fees, retailing gross receipts, and e-commerce, manufacturing, wholesaling, and jobbing gross receipts. HdL Companies assisted the Town with the business license modernization process (Attachment 3).
Once those services were completed, the Town executed a first amendment to the original agreement for business license tax and fee administration services until December 31, 2023 (Attachment 2). With the second amendment, the Town continued its partnership with HdL Companies (HdL) through December 31, 2025 to provide dedicated business license support to Los Gatos businesses.
Through this arrangement, the Town’s business license application and renewal process has been streamlined by offering online business license applications and renewals.
ITEM NO. 13.
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Third Amendment with HdL Companies for Business License Consulting Services
DATE: March 25, 2024
BACKGROUND (continued):
HdL is assisting with a variety of business license related tasks, including new applications, annual renewals, payments, compliance inquiries, and other general support. Staff is continuously monitoring and fine-tuning the business license application and renewal process to improve the customer experience.
DISCUSSION:
During the 2024 business license renewal cycle, Netflix Inc.’s legal team reached out to Town staff to memorialize the business license tax payment methodology in a draft written Agreed Upon Procedure. Staff is recommending that the Town engage with HdL to guide the process to ensure proper reporting practices and conformance with tax law. With this third amendment, HdL would review the gross receipts and proposed apportionment methodology and present the Town with their findings. The consultant would also conduct any necessary follow up with staff regarding the tax renewal received in 2024 following the final determination of the apportionment methodology.
CONCLUSION:
Authorize the Town Manager to execute a third amendment with HdL Companies for business license consulting and reviewing services to review draft procedures for the apportionment of business license taxes with Netflix Inc. not to exceed $40,000 with a total contract not to exceed $273,000.
FISCAL IMPACT:
There are sufficient funds in the adopted budget to cover the cost of the consulting services.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Third Amendment with HdL Compaines
2. Second Amendment with HdL Compaines
3. First Amendment with HdL Companies
4. Original Agreement with HdL Companies
ITEM NO. 13.
1 of
HdL Companies 3rd Amendment to Agreement
3rd AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT is dated for identification this 2nd day of April, 2024 and amends that certain agreement for business license tax consulting services dated 04/05/2022, made by and between the Town of Los Gatos, ("Town,") and HdL Companies.(“Consultant.”)
RECITALS
A. Town and Consultant entered into a business license tax consulting services Agreement on April 5th 2022, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 2 to this Amendment.
B. Town and Consultant entered into a first amendment for business license tax consulting services Agreement on September 30th 2022, (“1st Amendment”), a copy of which is attached hereto and incorporated by reference as Attachment 3 to this Amendment C. Town and Consultant entered into a second amendment for business license tax consulting services Agreement on December 19th 2023, (“2nd Amendment”), a copy of which is attached hereto and incorporated by reference as Attachment 4 to this Amendment.
AMENDMENT
1. Section 2.1, “Scope of Services” is amended to include the additional services described in the statement of work sent to the Town on March 25, 2024, which is hereby incorporated by reference and attached as Attachment 1 to this Amendment.
2. Section 2.6, “Compensation," is amended to add the following paragraph: Compensation shall be increased by $40,000 for the additional services for a total agreement not to exceed $273,000.00. Of the additional $40,000 compensation, an initial payment of $20,000 shall be due within 30 days of contract amendment execution date. A second payment of $20,000 shall be made after the work is complete. The total cost does not include any training or related travel expenses. Payment shall be based upon Town approval of each task.
3. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos Approved as to Consent:
By: _______________________________ By: ______________________________ Laurel Prevetti, Town Manager Robert Gray, CIO HdL Companies Attachment 1
ITEM NO. 13.
2 Department Approval:
_______________________________________
Gitta Ungvari
Finance Director
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
ITEM NO. 13.
ITEM NO. 13.
ITEM NO. 13.
Attachment 3
ITEM NO. 13.
ITEM NO. 13.
DocuSign Envelope ID: 89811897-184C-4B6D- A812-DD9A9EE44240 Hinderliter De Llamas & Associates
Tax and Fee Administration Services and Fees
Business License Tax and Fees
Town of Los Gatos
SCOPE OF SERVICES
Consultant will provide the following Services relative to Client's business license tax administration.
1. Operations Management Services
1.1. Establish and maintain database of Client businesses.
1.2. Receive and process applications, renewals and payments in a timely fashion.
1.3. Send renewal notices to active businesses within 30 days of the renewal period end date or at another interval specified by Client.
1.4. Provide businesses multiple options for submitting applications, renewals, payments, or support requests (including via website, email, mail, phone, and fax. Consultant license specialists will be available for live interactions Monday through Friday, 8:00am to 5 :00pm Pacific).
1.5. Remit revenue to Client no less than monthly.
1.6. Provide Client staff access to website portal offering business registry inquiry, reporting, and electronic department approval capabilities.
2. Online Payment Processing - Consultant's services include PCI compliant payment processing services powered by FIS Global, which supports both credit card and eCheck transactions.
2.1. Client Responsibilities
2.1.1.As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by FIS Global, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by FIS Global. "Network" is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.
2 .1 .2. Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights.
FEES
3. Operations Management Services
3.1. Fees for performing operations management Services shall be $17.00 for each processed account, which is any account for which an application or renewal/return was processed, or active account which was sent a renewal notice.
4.1.1 One-time project implementation fee of $5,000.00.
3.2. Fees will be increased as of January 1st of each calendar year with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPIU), West Region, as reported by the U.S. Bureau of Labor Statistics (the "CPI Change"). Each annual increase in the Fees will be equal to the greater of two percent (2%) or the actual CPI Change and the lesser often percent (10%) or the actual CPI Change. For example, if the actual CPI Change is 1.5%, then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be 3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%. 1234662.2 Page 1 of2
ITEM NO. 13.
DocuSign Envelope ID: 89811897-184C-4B6D-A812-DD9A9EE44240
3.3. Fees related to travel and lodging expenses are billed at cost and apply to all meetings (including implementation, training, operations and support). Travel expenses only apply to out-of-scope travel and must therefore be pre-approved by Client.
3.4. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client's monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.
3.5. Fees related to travel and lodging expenses are billed at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out-of-scope travel and must therefore be pre-approved by Client.
3.6. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client's monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.
4. Payment Processing - Consultant will configure payment processing services to utilize either a taxpayer funded model ( convenience fee) or Client funded model, as directed by Client. Client may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.
4.1. Taxpayer funded model - Client authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.
4.1.1.Credit and debit card processing - 2.9% of transaction amount, minimum of$2.00
4.1.2.ACH/eCheck processing - $1.25 per transaction
4.2. Client funded
4.2.1.Credit and debit card processing - 2.9% of transaction amount
4.2.2.ACH/eCheck processing - $0.50 per transaction
4.3. Returned payments/NSF fee - Each occurrence of a card charge back, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayer's account.
4.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.
1234662.2 Page 2 of2
ITEM NO. 13.
Attachment 4
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PREPARED BY: Eric Lemon
Finance and Accounting Manager
Reviewed by: Town Manager, Town Attorney, and Assistant Town Manager 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 4/2/2024
DATE: March 26, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Chavan & Associates Agreement:
a. Authorize the Town Manager to Execute a First Amendment with Chavan & Associates, LLP. for Auditing Services Adding Transportation Development Act Audit Services and Increasing the Compensation by $15,500 for a Total Agreement Not to Exceed $132,500; and b. Authorize an Expenditure Budget Adjustment in the Amount of $10,500 from the Available General Fund Capital/Special Projects Reserve.
RECOMMENDATION:
Staff recommends that Town Council authorize:
a. The Town Manager to execute a first amendment with Chavan & Associates, LLP. for auditing services adding transportation development act audit services and increasing the compensation by $15,500 for a total agreement not to exceed $132,500; and b. An expenditure budget adjustment in the amount of $10,500 from the available General Fund Capital/Special Projects Reserve.
BACKGROUND:
In 2021, the Town of Los Gatos issued a Request for Proposal (RFP) for qualified independent certified public accounting firms to audit its annual financial statement for three fiscal years(FY 2021/22, 2022/23, and 2023/24), with an option to extend the agreement an additional two fiscal years with Town Council approval.
Based upon the proposals, interviews and reference checks, Town staff, in consultation with the Finance Commission, selected Chavan & Associates, LLP. On December 21,2021, the Town Council received the Finance Commission recommendation and authorized the Town Manager to execute a three-year agreement with Chavan & Associates, LLP.
ITEM NO. 14.
PAGE 2 OF 3
SUBJECT: Chavan & Associates Agreement
DATE: March 26, 2024
DISCUSSION:
With this first amendment, the Town would continue its current arrangement with Chavan & Associates, LLP to provide auditing services and amend the scope of services and compensation in the contract to include required Transportation Development Act audits.
CONCLUSION:
Staff recommends that the Council authorize:
a. The Town Manager to execute a first amendment with Chavan & Associates, LLP. for auditing services adding transportation development act audit services and increasing the compensation by $15,500 for a total agreement not to exceed $132,500; and b. An expenditure budget adjustment in the amount of $10,500 from the available General Fund Capital/Special Projects Reserve.
FISCAL IMPACT:
Transportation Development Act audits were not budgeted in Fiscal Year 2023/24. As a result, a FY 2023/24 expenditure budget adjustment in an amount of $10,500 from the available General Fund Capital/Special Projects is necessary to engage in these services. The remaining increase in contract amount of $5,000 is for auditing services incurred in FY 2024/25 and will be included in the FY 2024/25 Proposed Operating Budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. First Amendment with Chavan & Associates, LLP
2. Engagement Letter for TDA Audits
3. Original Agreement with Chavan & Associates, LLP
ITEM NO. 14.
1 of 2
Chavan & Associates, LLP. – First Amendment
1st AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT is dated for identification this 2nd day of April, 2024 and amends that certain agreement for Auditing Services dated 1/12/2022, made by and between the Town of Los Gatos, ("Town,") and the Chavan & Associates, LLP. (“Consultant.”)
RECITALS
A. Town and Consultant entered into an Auditing Services Agreement on 1/12/2022, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.
B. Town desires to amend the Agreement to update the scope of work and compensation sections.
AMENDMENT
1. Section 2.1, “Scope of Services” is amended to include the additionalservices described in that certain proposal sent to the Town on October 8, 2021 and Engagement letter dated March 25,2024, which is hereby incorporated by reference and included as attachments 1 and 2, respectively.
2. Section 2.6, “Compensation” is amended to read Compensation for the consultant’s professional services will be increased by $15,500 for total agreement thatshall not exceed $132,500, inclusive of all costs. Payment shall be based upon Town approval of each task.
3. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos Approved as to Consent:
By: _______________________________ By: ______________________________ Laurel Prevetti, Town Manager Chavan & Associates, LLP
Department Approval:
_______________________________________
Gitta Ungvari
Director of Finance
Attachment 1
ITEM NO. 14.
2 of 2
Chavan & Associates, LLP. – First Amendment
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
ITEM NO. 14.
Page | 1 15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
March 25, 2024
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
We are pleased to confirm our understanding of the services we are to provide for the Town of Los Gatos (the “Town”) for the fiscal years ending June 30, 2017, 2020, 2021, 2022 and 2024.
We will audit the Transportation Development Act (TDA) financial statements and the related notes to the TDA financial statements for each fiscal year then ended. This includes the annual fiscal audit as required by PUC Section 99245. Our audit will be conducted with the objective of our expressing an opinion on each opinion unit and an opinion on compliance regarding the Town’s compliance with the regulations of the Transportation Development Act, including section 6666 of Title 21, of the California Code of Regulations, and the allocation instructions and resolutions of the Metropolitan Transportation Commission.
Audit of the Financial Statements
We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (U.S. GAAS), and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America (GAGAS). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to error, fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements.
An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. If appropriate, our procedures will therefore include tests of documentary evidence that support the transactions recorded in the accounts. As part of our audit process, we will request written representations from your attorneys, and they may bill you for responding. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters.
Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements or noncompliance (whether caused by errors, fraudulent financial reporting, misappropriation of assets, detected abuse, or violations of laws or governmental regulations) may not be detected exists, even though the audit is properly planned and performed in accordance with U.S. GAAS and Government Auditing Standards of the Comptroller General of the United States of America. Please note that the Attachment 2
ITEM NO. 14.
Page | 2 15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
determination of abuse is subjective and Government Auditing Standards does not require auditors to detect abuse.
In making our risk assessments, we consider internal control relevant to the Town’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Town’s internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. Our responsibility as auditors is limited to the period(s) covered by our audit and does not extend to any other periods.
We will issue a written report upon completion of our audit of the Town’s basic financial statements. Our report will be addressed to the governing body of the Town. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions on the basic financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement.
In accordance with the requirements of Government Auditing Standards, we will also issue a written report describing the scope of our testing over internal control over financial reporting and over compliance with laws, regulations, and provisions of grants and contracts, including the results of that testing. However, providing an opinion on internal control and compliance over financial reporting will not be an objective of the audit and, therefore, no such opinion will be expressed. We also will perform tests and procedures required by the regulations of the Transportation Development Act, including section 6666 of Title 21, of the California Code of Regulations, and the allocation instructions and resolutions of the Metropolitan Transportation Commission.
Audit of TDA Compliance
Our audit of the Town’s compliance will be made in accordance with the requirements of the regulations of the Transportation Development Act, including section 6666 of Title 21, of the California Code of Regulations, and the allocation instructions and resolutions of the Metropolitan Transportation Commission; and will include tests of accounting records and other procedures we consider necessary to enable us to express such an opinion on TDA program compliance and to render the required reports. We cannot provide assurance that an unmodified opinion on compliance will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or withdraw from the engagement.
ITEM NO. 14.
Page | 3 15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
Management’s Responsibilities
Our audit will be conducted on the basis that management acknowledge and understand that they have responsibility:
1. For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America;
2. For the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to error fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements;
3. For identifying, in its accounts, all TDA awards received and expended during the period and the TDA programs under which they were received.
4. For maintaining records that adequately identify the source and application of funds for TDA funded activities;
5. For the design, implementation, and maintenance of internal control over TDA awards;
6. For establishing and maintaining effective internal control over TDA awards that provides reasonable assurance that the Town is managing TDA awards in compliance with section 6666 of Title 21, of the California Code of Regulations, and the allocation instructions and resolutions of the Metropolitan Transportation Commission;
7. For identifying and ensuring that the Town complies with laws, regulations, grants, and contracts applicable to its activities and its TDA award programs and implementing systems designed to achieve compliance with applicable laws, regulations, grants, and contracts applicable to activities and its TDA award programs;
8. For disclosing accurately, currently, and completely the financial results of each TDA award in accordance with the requirements of the award;
9. For identifying and providing report copies of previous audits, attestation engagements, or other studies that directly relate to the objectives of the audit, including whether related recommendations have been implemented;
10. For taking prompt action when instances of noncompliance are identified;
11. For addressing the findings and recommendations of auditors, for establishing and maintaining a process to track the status of such findings and recommendations and taking corrective action on reported audit findings from prior periods and preparing a summary schedule of prior audit findings;
12. For following up and taking corrective action on current year audit findings and preparing a corrective action plan for such findings;
13. For submitting the reporting package to the appropriate parties;
14. For making the auditor aware of any significant vendor / contractor relationships where the vendor / contractor is responsible for program compliance;
15. To provide us with:
a. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements, and relevant to federal award programs, such as records, documentation, and other matters;
ITEM NO. 14.
Page | 4 15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
b. Additional information that we may request from management for the purpose of the audit; and
c. Unrestricted access to persons within the Town from whom we determine it necessary to obtain audit evidence.
16. For including the auditor’s report in any document containing basic financial statements that indicates that such basic financial statements have been audited by the Town’s auditor;
17. For adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current year period(s) under audit are immaterial, both individually and in the aggregate, to the financial statements as a whole;
18. For acceptance of nonattest services, including identifying the proper party to oversee nonattest work;
19. For maintaining adequate records, selecting and applying accounting principles, and safeguarding assets;
20. For informing us of any known or suspected fraud affecting the Town involving management, employees with significant role in internal control and others where fraud could have a material effect on compliance and the financial statements;
21. For the accuracy and completeness of all information provided;
22. For taking reasonable measures to safeguard protected personally identifiable and other sensitive information; and
23. For confirming your understanding of your responsibilities as defined in this letter to us in your management representation letter.
As part of our audit process, we will request from management, written confirmation concerning representations made to us in connection with the audit. We understand that your employees will prepare all confirmations we request and will locate any documents or invoices selected by us for testing.
If you intend to publish or otherwise reproduce the financial statements and make reference to our firm, you agree to provide us with printers’ proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed.
Audit Administration and Fees
Our all-inclusive maximum fee for these services will be as follows:
Fiscal year ending June 30, 2017 $2,500
Fiscal year ending June 30, 2020 (Program 1) $2,500
Fiscal year ending June 30, 2020 (Program 2) $2,500
Fiscal year ending June 30, 2021 $500
Fiscal year ending June 30, 2022 $2,500
Fiscal year ending June 30, 2024 $2,500 to $5,000
ITEM NO. 14.
Page | 5 15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
Our fees include out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.).
Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit as follows:
Engagement Partner $175 per hour
Associate Partner $125 per hour
Manager $95 per hour
Senior Auditor $80 per hour
Staff Auditor $65 per hour
Administrative $50 per hour
Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes thirty days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report.
You will be obligated to compensate us for all time expended and to reimburse us for all out-ofpocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If cooperation is not provided as anticipated and at a level that hinders the progress of the services to be provided, we retain the right to terminate the contract for cause with thirty (30) days’ notice. During that time, the Town will have the opportunity to provide the cooperation required to complete the audit and C&A may rescind the cancellation.
If the services to be performed by C&A are not performed in an acceptable manner to the Town, the Town may cancel this contract for cause by providing notice to C&A, giving at least thirty (30) days’ notice of the proposed cancellation and the reasons for same. During that time period, C&A may seek to bring the performance of services to a level that is acceptable to the Town, and the Town may rescind the cancellation if such action is in Town’s best interest. Notwithstanding the above provisions, the Town may, upon the expiration of thirty (30) days written notice to C&A, terminate the agreement at will. Payment for services or goods received prior to termination shall be made by the Town provided those goods or services were provided in a manner acceptable to the Town. Payment for those goods and services shall not be unreasonably withheld.
Sheldon Chavan, CPA, is the engagement partner for the audit services specified in this letter.
His responsibilities include supervising Chavan & Associates LLP’s services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the audit report.
ITEM NO. 14.
Page | 6 15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
Other Matters
During the course of the engagement, we may communicate with you or your personnel via fax or e-mail, and you should be aware that communication in those mediums contains a risk of misdirected or intercepted communications.
Regarding the electronic dissemination of audited financial statements, including financial statements published electronically on your Internet website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document.
The audit documentation for this engagement is the property of Chavan & Associates LLP and constitutes confidential information. However, we may be requested to make certain audit documentation available to state and federal agencies and the U.S. Government Accountability Office pursuant to authority given to it by law or regulation, or to peer reviewers. If requested, access to such audit documentation will be provided under the supervision of Chavan & Associates LLP’s personnel. Furthermore, upon request, we may provide copies of selected audit documentation to these agencies and regulators. The regulators and agencies may intend, or decide, to distribute the copies of information contained therein to others, including other governmental agencies. We agree to retain our audit documentation or work papers for a period of at least seven years from the date of our report.
We will be available during the year to consult with you on financial management and accounting matters of a routine nature. You agree to inform us of facts that may affect the financial statements of which you may become aware during the period from the date of the auditor’s report to the date the financial statements are issued.
With respect to any nonattest services we perform, the Town’s management is responsible for (a) making all management decisions and performing all management functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the services performed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) establishing and maintaining internal controls, including monitoring ongoing activities.
Nonattest services include the preparation of the audited financial statements and note disclosures. These items will be prepared from information prepared and provided by the Town during our audit, such as the Town’s trial balance.
We will not assume management responsibilities on behalf of the Town. However, we will provide advice and recommendations to assist management in performing its responsibilities.
Our responsibilities and limitations of the engagement are as follows:
We will perform the services in accordance with applicable professional standards, including GAAS and GAGAS.
ITEM NO. 14.
Page | 7 15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
This engagement is limited to the services previously outlined. Our firm, in its sole professional judgment, reserves the right to refuse to do any procedure or take any action that could be construed as making management decisions or assuming management responsibilities, including determining account coding and approving journal entries. Our firm will advise the Town with regard to the nonattest services provided, but the Town must make all decisions with regard to those matters.
Government Auditing Standards require that we document an assessment of the skills, knowledge, and experience of management, should we participate in any form of preparation of the basic financial statements and related schedules or disclosures as these actions are deemed a non-audit service.
During the course of the audit, we may observe opportunities for economy in, or improved controls over, your operations. We will bring such matters to the attention of the appropriate level of management, either orally or in writing.
At the conclusion of our audit engagement, we will communicate to management and the Council the following significant items from the audit:
Our view about the qualitative aspects of the Town’s significant accounting practices; Significant difficulties, if any, encountered during the audit; Uncorrected misstatements, other than those we believe are trivial, if any; Disagreements with management, if any;
Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to those charged with governance regarding their oversight of the financial reporting process;
Material, corrected misstatements that were brought to the attention of management as a result of our audit procedures;
Representations we requested from management;
Management’s consultations with other accountants, if any; and Significant issues, if any, arising from the audit that were discussed, or the subject of correspondence, with management.
In accordance with the requirements of Government Auditing Standards, a copy of our latest external peer review report of our firm is available upon request or on our website.
If the foregoing is in accordance with your understanding, please indicate your agreement by signing this letter and emailing it to us at [email protected] or follow the DocuSign link in the email provided. If you have any questions, please let us know.
We appreciate the opportunity to be your financial statement auditors and look forward to working with you and your staff.
ITEM NO. 14.
Page | 8 15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
Very truly yours,
Sheldon Chavan, CPA, Managing Partner
Chavan & Associates, LLP
RESPONSE:
This letter correctly sets forth the understanding of the Town of Los Gatos.
Signature:
Title:
Date:
ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4 732-8959-482B8D58876E
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on 01/12/22 by and between TOWN OF LOS GATOS, a California municipal corporation, ("Town") and Chavan & Associates, LLP, ("Consultant"), whose address is 15105 Concord Circle, Suite 130, Morgan Hill CA 95037. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 The Town desire to engage Consultant to provide professional auditing services.
1.2 The Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
2.1 2.2
2.3 2.4
2.5 II. AGREEMENTS
Scope of Services. Consultant shall provide services as described in that certain proposal sent to the Town on October 8, 2021, which is hereby incorporated by reference and attached as Attachment 1.
Term and Time of Performance. This contract will remain in effect from 01/01/22 to 01/31/25.
Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town's property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and Chavan & Associates -Agreement for Auditing Services Page 1 of6 Attachment 3
ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4 732-8959-482B8D58876E the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed $117,000, inclusive of all costs. Payment shall be based upon Town approval of each task.
2. 7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
2.8 2.9
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town.
Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under Chavan & Associates -Agreement for Auditing Services Page2of6
ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4 732-8959-482B8D58876E this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.
Ill. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all Chavan & Associates -Agreement for Auditing Services Page3of6
ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4 732-8959-482B8D58876E
3.2 3.3
certificates and endorsements are to be received and approved by the Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.
All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
Workers' Compensation. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees.
Chavan & Associates -Agreement for Auditing Services Page4of6
ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4 732-8959-482B8D58876E
3.4 4.1
4.2 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant.
IV. GENERAL TERMS
Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.
Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Consultant shall deliver to the
4.4 4.5
4.6 Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant.
Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Chavan & Associates -Agreement for Auditing Services
Chavan & Associates, LLP
Attn: Sheldon Chavan
15105 Concord Circle, Suite 130
Morgan Hill, CA 95037
Page5of6
ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4732-8959-482B8D58876E or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
DocuSigned by:
1/21/2022 ��ffi�67M'"Fr-___ ------------- Laurel Prevetti, Town Manager Recommended by:
DocuSigned by:
Rf'� {J,1AW"4 1/16/2022
fjrfe918�8�way, Finance Director
Approved as to Form:
DocuSigned by:
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Robert Schultz, Town Attorney
Attest:
DocuSigned by:
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Town Clerk
1/21/2022
1/21/2022
Chavan & Associates - Agreement for Auditing Services
Consultant, by:
Chavan & Associates, LLP
1/13/2022
ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4732-8959-482B8D58876E
TECHNICAL PROPOSAL FOR CONDUCTING
THE ANNUAL INDEPENDENT AUDIT
OF THE
TOWN OF Los GATOS
Submitted October 81 2021
•
Chavan & Associates, LLP
Certified Public Accountants
15105 Concord Circle, Suite 130
Morgan Hill, CA 95037
Phone:(650)346-1329
Fax: (408) 872-4159
E-mail: [email protected]
Contact: Sheldon Chavan, Partner
ITEM NO. 14.
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ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4 732-8959-482B8D58876E Title
Transmittal Letter .............................................................................................................................................. ..
A. Independence, License to Practice in CA, and Firm Qualifications & Experience ...................................... ..
Independence ....................................................................................................................................... .
License to Practice in California ............................................................................................................ .
Contractor Identification and Introduction ......................................................................................... ..
Firm Size, Staff Size, Location and Staffing .......................................................................................... ..
Range of Services .................................................................................................................................. .
Contract Terminations and Affirmation Concerning Substandard Audit Work .................................... .
Equal Opportunity Employer ............................................................................................................... ..
Subcontractor ....................................................................................................................................... .
Business Licenses .................................................................................................................................. .
Insurance ............................................................................................................................................. ..
Quality Control Review ........................................................................................................................ ..
B. Partner, Supervisory and Staff Qualifications and Resumes ...................................................................... .
Sheldon Chavan, CPA, Managing Partner ............................................................................................ ..
Paul Pham, CPA, Partner ...................................................................................................................... .
Niru Machiraju, CPA, Audit Supervisor ................................................................................................. .
Andrew Quintero, Senior Auditor ........................................................................................................ .
Matthew Ojeda, Senior Auditor ........................................................................................................... .
Professional Education and Training .................................................................................................... .
C. Similar Engagements .................................................................................................................................. .
D. Specific Audit Approach ............................................................................................................................ ..
Phase I - Planning and Risk Assessment .............................................................................................. ..
Phase II - Substantive Audit Procedures and Compliance .................................................................... .
Phase Ill - Financial Statement Preparation and Review ...................................................................... .
Compliance and Program Specific Auditing ......................................................................................... ..
Recommendations for Improved Operations ...................................................................................... ..
Irregularities and Illegal Acts ............................................................................................................... ..
Control Risk Assessment ..................................................................................................................... ..
Analytical Procedures .......................................................................................................................... ..
Identification of Potential Audit Problems ........................................................................................... .
Resources Available for Standards Interpretations ............................................................................. ..
Summary of Audit Phases .................................................................................................................... ..
Summary of Team Assignments ........................................................................................................... .
Summary of Roles and Responsibilities ................................................................................................ .
Summary of Staff Hours by Phase ........................................................................................................ .
Summary Timeline ............................................................................................................................... ..
Audit Scope .......................................................................................................................................... .
E. Discussion of Relevant Accounting Issues .................................................................................................. .
F. Additional Information .............................................................................................................................. ..
Current Client List ................................................................................................................................ ..
Technology in the Audit ....................................................................................................................... .
Proposal Exceptions ............................................................................................................................ ..
C&A's Responsibility for Detecting Fraud ............................................................................................ ..
Attachments:
Attachment A-Most Recent External Quality Control Review Attachment B -Prepared by Client List
Attachment C -Proposal Warranties
Attachment D -Conflict of Interest Statement
Attachment E -Non-collusion Declaration
Attachment F -References
Attachment G -Statement Regarding Insurance Coverage and Worker's Compensation Insurance Ack. Certificate
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ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4 732-8959-482B8D58876E This Page Intentionally Left Blank
ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4732-8959-482B8D58876E • Chavan and Associates, llp
Certified Public Accountants
October 8, 2021
Gitta Ungvari, Finance and Budget Manager
Town of Los Gatos, Finance Department
110 E. Main Street
Los Gatos, CA 95030
We are pleased to have this opportunity to submit our proposal to provide auditing services for the Town of Los Gatos (the "Town"). Our understanding of the work outlined in the request for proposal is that we will audit the financial statements of the Town for fiscal years ending June 30, 2022, 2023 and 2024, with two option years.
Our audits will be performed in accordance with auditing standards generally accepted in the United States of America, the standards set forth for financial audits in the United States General Accounting Office's (GAO) Government Auditing Standards, the provisions of the Federal Single Audit Act of 1984 and the Single Audit Act Amendments of 1996; the U. S. Office of Management and Budget's (0MB) guidance for federal awards and agreements as provided in the Code of Federal Regulation (CFR) 2 Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and relevant Governmental Accounting Standards Board (GASB) Statements. We will also apply the necessary procedures to prepare the reports as requested in the RFP, such as the ACFR, single audit reports, management letter, optional measure GAU P's, and preparation of the financial transactions and compensation report.
As a result of our audit, we will express an opinion on the fair presentation of the basic financ ial statements, as listed in the RFP, in accordance with GAAP. We will also issue a report on internal controls over financial reporting and on compliance with applicable laws and regulations in accordance with Government Auditing Standards.
Throughout the contract period, we will provide consultation on accounting and compliance issues and attend meetings to discuss the audit and management comments. It is our commitment to the Town that we will complete the work within the agreed time frame and that we have the resources, time and personnel to dedicate to this engagement for the entirety of the contact. We are confident Chavan & Associates LLP ("C&A") is the best-qualified firm to serve as your independent auditors. A brief list of reasons includes:
• We specialize in the audits of local governments and not for profit entities. • Our partners have 37 years of combined experience auditing local governments. • Our firm and key professionals are properly licensed to practice in the state of California. • Our service will be dependable, reliable and timely.
• We will be sensitive to your workload. We understand you and your staff must keep up with your current work as well as deal with the audit.
Page Ii 15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037 Tel: 408-217-8749 • E-Fax: 408-872-4159
ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4732-8959-482B8D58876E • Chavan and Associates, llp
Certified Public Accountants
• Our staff and partners are available twelve months of the year to serve our audit clients.
You are important to our firm and we promise a high level of involvement and enthusiasm at all levels.
• Our managing partner will be the lead for your audit. He will attend all conferences and meetings and will supervise the audit directly during each year and phase of the engagement. Our Managing Partner will be the person that prepares your Annual Comprehensive Report which will then be reviewed by our Associate Partner. • We offer flexible staffing and scheduling, especially during COVID-19. We can send a full team onsite, work 100% remotely, or send a small team on site to minimize exposure. All of our team members are vaccinated and will follow your policies in regard to COVID-19. • To improve the efficiency of the audit process, we use an online software, Engagement Organizer (EO), to provide a list of information and monitor the workflow during the audit.
The link to EO is provided early during the planning process and includes items for both interim and year-end work, such that we can edit the list as needed moving forward. All documents can be uploaded here and notes, status updates and comments are done through EO. We also have a secure portal as an additional way to share information.
We are secure in our belief that our firm is the best qualified to meet your needs. Once you have examined our proposal and contacted our references, we feel you will agree.
Staffing for the audit will include one Engagement Partner, one Associate Partner, one Supervisor, one Senior Auditor, one Professional Staff and one Administrative Staff. The Engagement Partner, one Senior and two Staff will be assigned to visit your offices, as feasible with regard to COVID-19 circumstances. The Engagement Partner, Associate Partner, Supervisor and Senior Auditor will be available throughout the entire contract period.
Sheldon Chavan (15105 Concord Circle, Suite 130, Morgan Hill, CA, 95037, 650-346-1329, [email protected]) is the partner authorized to sign and obligate the firm contractually and represent the firm. He is empowered to submit the bid and authorized to sign a contract. This proposal is a firm and irrevocable offer for 90 days.
We look forward to being of service to you.
Very truly yours,
CtA
Sheldon Chavan, C.P.A., Partner
Chavan & Associates, LLP
Pagel ii 15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037 Tel: 408-217-8749 • E-Fax: 408-872-4159
ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4 732-8959-482B8D58876E Section A
Independence, License to Practice in California,
and Firm's Qualifications & Experience
ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4732-8959-482B8D58876E Independence
Section A
Independence, License to Practice in California,
and Firm's Qualifications & Experience
Town of Los Gatos Proposal for Auditing Services
C&A is independent of the Town and all of its component units as defined by generally accepted auditing standards and the U.S. General Accountability Office's Government Auditing Standards. In all matters relating to the audit work, the audit organization and individual auditors, whether government or public, should be free from personal and external impairments to independence, should be fiscally independent, and should maintain an independent attitude and appearance.
C&A did not have any professional relationships involving the Town of Los Gatos, or any of its agencies and component units, for the past five (5) years that would cause a conflict of interest relative to the scope of services identified in the request for proposal. However, C&A did provide the Town's auditing services for the fiscal year ended June 30, 2016 and the 4 years prior. Providing audit services to an entity does not create a conflict of interest, nor compromise independence.
License to Practice in the State of California
C&A and all key professionals are properly licensed to practice as certified public accountants in the State of California and do not have any record of substandard work or unsatisfactory performance pending with the State Board of Accountancy. C&A is registered with the California State Board of Accountancy and our stat number is PAR 7294.
Contractor Identification and Introduction
Company Name:
Address:
Office:
Fax:
E-mail:
CA File Number:
FEIN:
Authorized to Sign:
Chavan & Associates, LLP (C&A)
15105 Concord Circle, Suite 130, Morgan Hill, CA 95037
408-217-8749
408-872-4159
[email protected]
202009218003
27-0630496
Sheldon Chavan, Partner; Paul Pham, Partner
Our partners have performed audits under Governmental Auditing Standards, the Single Audit Act and the State Controller's Office Minimum Audit Requirements for a combined 37 years; Sheldon for 23 years and Paul Pham for 14 years. In August of 2009, we established C&A as a limited liability partnership. C&A is a local audit firm in San Jose, CA specializing in Single AuditJ
local government auditing and consulting. We have audited and prepared Annual Comprehensive Financial Reports {ACFRs) and basic financial statements as required by the Government Finance Officers Association {GFOA) and the Governmental Accounting Standards Board {GASB) for cities, fire districts, water districts, sanitation districts, JPAs and other types of special districts. Our partners have been reviewers of ACFRs for the GFOA and CSMFO. Most recently, C&A prepared ACFRs of City of Saratoga, the City of Oroville, City of Suisun, City of Pacific Grove, and City of Carmel -by-the Sea for the year ending June 30, 2020 (working on 2021). Our goal at C&A is to provide premium audit services at a llchavan & Associates, LLP Page 1
ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4 732-8959-482B8D58876E Section A
Independence, License to Practice in California,
and Firm's Qualifications & Experience
Town of Los Gatos Proposal for Auditing Services
reasonable fee. We believe that continuous partner involvement helps us achieve our goal, which is why our partners are constantly involved in every audit. Ultimately, minimizing on-the-job training allows us to focus exclusively on servicing our clients.
After starting the firm with only 9 clients in 2009, we currently have 100 government, nonprofit and grant clients, 40 of which were required to have a single audit under uniform guidance in 2019-20. Our firm's experience includes numerous audits under state and federal compliance audit guides, including the Minimum Audit Requirements and Reporting Guidelines for Cities as required by the State Controller's Office. What makes us unique from other audit firms is that we eliminate "on-the-job" training through intensive in-house training, audit planning, and by having partners in the field throughout the entire engagement ( not just "spot-checking"). The daily interaction with our Engagement Partner has been invaluable to our clients as it provides the opportunity for immediate feedback and the chance to ask questions related to accounting, account coding, grant requirements, ACFR requirements, budgeting, and much more. Auditing is the main focus of our practice and we are available to start as early as February 1st, however our calendar is flexible.
C&A is also a member of the AICPA's Government Audit Quality Center which promotes the importance of quality governmental audits and the value of such audits to purchasers of governmental audit services. GAQC is a voluntary membership center for CPA firms and state audit organizations that perform governmental audits.
Firm Size, Staff Size, Location and Staffing
We also have twelve professional, full-time staff in addition to our three partners and one administrative person that will be available to assist as needed throughout the engagement. Our engagement partners are directly involved with the audits. Our central office is located in Morgan Hill, CA. Staffing for the Town's audit will include the following professionals (audit experience):
Sheldon Chavan, CPA, Managing Partner (23 years)
Paul Pham, CPA, Partner (14 years)
Niru Machiraju, CPA, Supervisor (6 years)
Andrew Quintero, Senior Auditor (4 years)
Matthew Ojeda, Senior Auditor (6 years)
One of the professional staff could change from year to year. The Town will be notified of any staff changes prior to field work. The Engagement Partner, manager, and supervisor will be the same during each year of the engagement.
llchavan & Associates, LLP Page2
ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4732-8959-482B8D58876E Range of Services
Section A
Independence, License to Practice in California,
and Firm's Qualifications & Experience
Town of Los Gatos Proposal for Auditing Services
The following summarizes the range of services we provide:
Number Management, Contractor
of Percent by Accounting & Prequalification Nonprofit
Entity Type Clients Entity Auditing Other Services Tax
Local Education Agencies 37 37% 89% 0% 14% 0%
Charter Schools 11 11% 100"/4 0% 0% 100%
Non-profit Organizations 17 17% 94% 0% 0% 82%
Cities and Towns 10 10% 90% 0% 0% 0%
Special Districts 17 17% 88% 12% 0% 0%
Privately Held 7 7% 71% 29% 0% 0%
GAS GAG AS Single Bond EAAP
Audit Audit Audit Audit Audit Other
Contract Terminations and Affirmation Concerning Substandard Audit Work C&A and all assigned personnel do not have any record of substandard work, contract failures, outstanding claims, litigation, investigations, or other unsatisfactory performanc e issues against us or pending with the State Board of Accountancy or any other entity. In addition, we have not had any federal or state desk review or field reviews of our audits. C&A has no record of lost clients or contract failures.
Equal Opportunity Employer
C&A is an equal opportunity employer and is in compliance with the Civil Rights Act of 1964, the State Fair Employment Practice Act, and all applicable federal and state laws and regulations relating to equality.
Subcontractor
C&A will not be engaged with any subcontractors during this engagement.
Business Licenses
C&A will obtain and maintain a valid business license with throughout the duration of the contract, as applicable.
llchavan & Associates, LLP Page 3
ITEM NO. 14.
DocuSign Envelope ID: 2529C044-9E24-4 732-8959-482B8D58876E Section A
Independence, License to Practice in California,
and Firm's Qualifications & Experience
Town of Los Gatos Proposal for Auditing Services
Insurance
C&A maintains the following insurance:
• Commercial General Liability Insurance (bodily injury and property damage) is $4,000,000 per occurrence. The carrier is Hartford Insurance Company.
• Automobile Bodily Injury and Property damage liability insurance is $2,000,000 per occurrence. The carrier is Hartford Insurance Company.
• Professional Liability Insurance carrier is Philadelphia Insurance Company. The per claim/aggregate limit of the liability is $3,000,000.
• Workers Compensation Insurance carrier is Twin City Insurance Company. The per claim/aggregate limit of the liability is $1,000,000.
Quality Control Review
We are enrolled in the AICPA quality control peer review program. Our peer review was performed in compliance with AICPA and GAO requirements and included a selection of government audit engagements. Our audits complied with auditing standards generally accepted in the United States of America and Generally Accepted Governmental Auditing Standards.
II Chavan & Associates, LLP Page 4 11