Los Gatos City Council
May 21, 2024

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 use this URL to join: https://losgatoscagov.zoom.us/j/82232739012?pwd=1zlbRu029_33oyBb9l3AyTZQ7D2MEQ.kN8FbuOklNsmz-Jj Passcode: 793054 You 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
MAY 21, 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. National Police Week Proclamation
ii. Public Works Week Proclamation
iii. Municipal Clerks Week Proclamation
iv. Affordable Housing Month Proclamation
v. Historic Preservation Month Proclamation
vi. Building Safety Month Proclamation
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 May 7, 2024 Closed Session Town Council Meeting.

2. Approve Minutes of the May 7, 2024 Town Council Meeting.

3. Adopt 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 Introduced by the Town Council. 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.

4. Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding Senate Bill (SB) 9 For Modified Design Review Standards and Other Clarifying Revisions.” The Proposed Amendments to the Town Code are Not Considered a Project Under Section 15378 of the California Environmental Quality Act, and in Accordance with Government Code Section 66411.7(n) and 66452.21(g), SB 9 Ordinances are Not a Project Subject to the California Environmental Quality Act. Town Code Amendment Application A-24-003. Project Location: Town Wide. Applicant: Town of Los Gatos.

5. Receive the Monthly Financial and Investment Report for March 2024.

6. Staff Recommends that the Town Council:
a. Adopt a Resolution Approving the Engineer’s Report for all Landscape and Lighting Districts for FY 2024/25.
b. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Blackwell Drive Benefit Zone.

c. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Kennedy Meadows Benefit Zone. d. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Santa Rosa Heights Benefit Zone. e. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Vasona Heights Benefit Zone. f. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Hillbrook Drive Benefit Zone. g. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 2-Gemini Court Benefit Zone. h. Set June 18, 2024 as the Date for the Public Hearing for the Levy and Collection of Assessments.

7. Authorize the Town Manager to Execute a Second Amendment with Dillingham Associates for Preliminary Design Services for the Pinehurst Community Garden (CIP No. 831-4610) and Lynn Avenue Pedestrian Path Design (CIP No. 832-4510) to Reduce the Scope of Services, Extend the Term, and Reduce the Contract Amount for a Total Amount Not to Exceed $109,856.

8. Use Agreement with Los Gatos-Saratoga Community Education and Recreation:
a. Authorize the Town Manager to Execute a First Amendment to Use Agreement with Los Gatos-Saratoga Community Education and Recreation for an Additional One-Year Period from July 1, 2024 to June 30, 2025; and
b. Authorize the Town Manager to Execute any Forthcoming Amendments During the Duration of this Agreement.

9. Receive a Report on the State Route 17 Corridor Congestion Relief Capital Project (CIP No. 813-0237); and Authorize the Town Manager to Execute an Amendment to an Existing Agreement with the Santa Clara Valley Transportation Authority to Extend the End Date to December 31, 2027 and Increase the Town’s Funding Contribution to $1,470,000.

10. Adopt a Resolution to Designate the Town’s Agents by Title to Obtain Federal and/or State Financial Assistance through the California Governor’s Office of Emergency Services (Cal OES).

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.) 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.)

11. Conduct a Public Hearing on the Town of Los Gatos Proposed Operating and Capital Budget for Fiscal Year (FY) 2024/25 and on the Proposed Capital Improvement Program for FY 2024/25 – FY 2028/29:
a. Consider the Recommendations of the Finance Commission; b. Provide Direction on the Proposed Operating Budget;
c. Provide Direction on the Proposed Capital Budget;
d. Approve the FY 2024/25 List of Potential Donations Consistent with the Town’s Donation Policy; and
e. Review and Approve the Town Investment Policy.

OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)

12. Review Polling Results, Authorize the Town Manager to Execute an Amendment to the NBS Agreement to Include Phase 2 in the Scope of Services to Prepare a 1/8th Cent Sales Tax Measure for the November 2024 Ballot and Increase the Not to Exceed Amount to $105,000, and Authorize an Expenditure Budget Adjustment in an Amount of $60,400 from the Available General Fund Capital/Special Projects Reserve.

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 CLOSED SESSION MINUTES
MEETING DATE: 05/21/2024
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, May 7, 2024
The Town Council of the Town of Los Gatos conducted a Special Meeting in-person and utilizing teleconferencing means on Tuesday, May 7, 2024, at 5:15 p.m. to hold a Closed Session to discuss public employee appointment.

MEETING CALLED TO ORDER AT 5:16 P.M.

ROLL CALL

Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, and Council Member Maria Ristow

Absent: Council Member Rob Rennie

VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
None.

THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:

1. PUBLIC EMPLOYEE APPOINTMENT (Gov. Code Section 54957) Title: Interim Town Manager
The Town Council reconvened in open session. The Town Attorney stated there was no reportable action.

ADJOURNMENT
The meeting adjourned at 6:37 p.m.

Attest: Submitted by:
___________________________ ___________________________ Wendy Wood, 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: 05/21/2024
DRAFT
Minutes of the Town Council Meeting
Tuesday, May 7, 2024
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, May 7, 2024, at 7:00 p.m.

MEETING CALLED TO ORDER AT 7:00 P.M.

ROLL CALL

Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie (teleconference, arrived 7:07 p.m.), Council Member Maria Ristow.

Absent: None

PLEDGE OF ALLEGIANCE
Grace Krasniewicz led the Pledge of Allegiance. The audience was invited to participate.

PRESENTATIONS
The Mayor acknowledged National Police Week, Municipal Clerks Week, and Parks and Public Works Week.

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

1. Approve Minutes of the April 16, 2024 Closed Session Town Council Meeting.

2. Approve Minutes of the April 16, 2024 Town Council Meeting.

3. Approve Minutes of the April 23, 2024 Closed Session Town Council Meeting.

4. Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 18, 2024 as a Public Hearing to Consider Objections to the Proposed Removal of Brush. RESOLUTION 2024-018

5. Parking Program Implementation – Wayfinding and Signage Project (CIP No. 813-0242):
a. Award and Authorize the Town Manager to Execute a Construction Agreement with Square Signs LLC., Dba Front Signs in an Amount Not to Exceed $191,908.13; and b. Authorize the Staff to Execute Change Orders in an Amount Not to Exceed $38,381.63 Which Represents a Twenty Percent (20%) Contingency of the Contract Award Amount.

6. Authorize the Town Manager to Execute Agreements with the County of Santa Clara for:
a. AB 939 Implementation Fee Collection and Distribution; and b. Countywide Household Hazardous Waste (HHW) Collection Program to Augment Funding up to an Additional $94,219 to the Countywide HHW Program During Fiscal Year (FY) 2024/25.

7. Authorize the Town Manager to Execute a Fourth Amendment to the Agreement for Services with St. Francis Electric, Inc. for Traffic Signal and Streetlight Maintenance and

ITEM NO. 2.

PAGE 2 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of May 7, 2024 DATE: May 7, 2024
Underground Service Alert Locating Services to Increase the Contract Amount for Fiscal Year 2023/24 in the Amount of $55,000, for a Total Agreement Amount Not to Exceed $1,008,948.

8. 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921):
a. Award and Authorize the Town Manager to Execute a Public Works Contract with Villalobos and Associates in the Amount of $409,480;
b. Authorize Town Manager to Execute Change Orders in an Amount Not to Exceed Ten Percent (10%) of the Contract Award Amount;
c. Authorize an Expenditure Budget Transfer in an Amount of $185,331 from the Annual Street Repair and Resurfacing Project (CIP No. 811-9901); and d. Approve the Project Construction Plans as required by Government Code 830.6 – Design Immunity.

9. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. to Provide Services as the “Acting Town Surveyor” for Various Land Development Mapping Services, Extending the Term to June 30, 2025.

10. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Consultant Services with AMS Electric LLC (dba Prime Electric LLC) for a Design-Build Project to Install a Battery Storage System at the Library (CIP 821-2505) to Extend the Term and Time of Performance through June 30, 2025.

11. Approve an Amendment to the Town Manager’s Employment Agreement.

12. Approve and Authorize the Town Manager to Execute a Side Letter of Agreement Between the Town of Los Gatos and the American Federation of State, County, and Municipal Employees (AFSCME) to Contract Out Street Sweeping Services Effective July 1, 2024.

Mayor Badame opened public comment.

No one spoke.

Mayor Badame closed public comment.

MOTION: Motion by Council Member Ristow to approve consent items 1-12. Seconded by Council Member Moore.

VOTE: Motion passed 4-0-1 by roll call vote. Council Member Rennie absent.

VERBAL COMMUNICATIONS
Tom Sandoval, Belwood of Los Gatos Homes Association
- Commented on the damaged neighborhood monument at Blossom Hill Road and Belwood Gateway and requested the Town partner with the Belwood community to get it rebuilt.

ITEM NO. 2.

PAGE 3 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of May 7, 2024 DATE: May 7, 2024
Tevis Ignacio
- Commented on the World Cup and attracting national teams to stay in Los Gatos.

Joe Enz, Friends of Los Gatos Creek
- Commented on concerns with e-waste and safety.

Ron Meyer
- Commented on a recent court ruling regarding SB9 related to charter cities’ “Home Rule” provisions.

Lee Fagot
- Commented on safety and requested the Town work with the Los Gatos Lodge property developer to incorporate bike and pedestrian access to the Los Gatos High School.

Aubrie Mastrangelo, Bill Wilson Center
- Commented on National Mental Health Awareness Month and mental health services in Santa Clara County.

Harani
- Commented on a recent court ruling regarding SB9 related to charter cities’ “Home Rule” provision and stated that it is not applicable to the Town.

OTHER BUSINESS

13. Review Polling Results, Authorize the Town Manager to Execute an Amendment to the NBS Agreement to Include Phase 2 in the Scope of Services to Prepare a 1/8th Cent Sales Tax Measure for the November 2024 Ballot and Increase the Not to Exceed Amount to $105,000, and Authorize an Expenditure Budget Adjustment in an Amount of $60,400 from the Available General Fund Capital/Special Projects Reserve.

Katy Nomura, Assistant Town Manager, introduced Gene Bregman with NBS, who presented the polling results.

Mayor Badame opened public comment.

No one spoke.

Mayor Badame closed public comment.

Council discussed the item.

ITEM NO. 2.

PAGE 4 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of May 7, 2024 DATE: May 7, 2024
MOTION: Motion by Vice Mayor Hudes to continue this item to the next Council meeting.

AMENDMENT: Refer the item to the Finance Commission for its review. Seconded by Mayor Badame.

VOTE: Motion passed unanimously by roll call vote.

14. Receive an Update on the Downtown Restroom Feasibility Study (CIP No. 821-2011) and Provide Direction to Town Staff.

Marina Chislett, Environmental Programs Specialist, presented the staff report.

Mayor Badame opened public comment.

No one spoke.

Mayor Badame closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Rennie to limit the choices to site 4 option 1 and site 1 options 1 and 2 (as listed in the staff report); ask staff to continue to review the options; review safety concerns with Police Department; and ask Council to consider whether site 4 option 1 is visible enough. Seconded by Council Member Ristow.

VOTE: Motion passed unanimously by roll call vote.

15. Authorize the Town Manager to Execute an Agreement for Services with the Los Gatos Chamber of Commerce to Manage the Los Gatos Visitors Information Center and the Visit Los Gatos Website, Social Media and Destination Marketing Services for FY 2024/2025, in an amount not to exceed $55,000.

Monica Renn, Economic Vitality Manager, presented the staff report.

Mayor Badame opened public comment.

Jennifer Lin, Chamber of Commerce
- Commented on the work of the Chamber of Commerce and requested Council approve the agreement in an amount of $88,000.

Lauren Scalora, Chamber of Commerce
- Introduced herself and asked if Council Members had any questions.

Beth Foley, Chamber of Commerce
- Introduced herself and asked if Council Members had any questions.

ITEM NO. 2.

PAGE 5 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of May 7, 2024 DATE: May 7, 2024
Randi Chen
- Supported Jennifer Lin’s comments and requested Council approve the requested amount of $88,000.

Jim Foley, Chamber of Commerce
- Supported Jennifer Lin’s comments and requested Council approve the increase in funding.

Rachel Brown, Chamber of Commerce
- Commented on the important of the Chamber, echoed previous comments, and requested Council consider the requested funding amount.

Mayor Badame closed public comment.

Council discussed the item.

MOTION: Motion by Vice Mayor Hudes to approve $88,000 with the intention to fund it from Transient Occupancy Tax (TOT) in excess over the current budget. Seconded by Mayor Badame.

VOTE: Motion passed unanimously.

Vice Mayor Hudes clarified the intention of his motion was to use the funds from TOT in excess over budget, understanding that if it is not achieved it will be funded from the reserve account.

Mayor Badame called recess at 9:16 p.m.

Mayor Badame reconvened the meeting at 9:26 p.m.

16. Approve West Valley Community Services, Counseling and Support Services for Youth, and AWO as Potential Community Service Partners to Provide their Respective Services at the Interim Community Center.

Robert Gray, Chief Building Official, presented the staff report.

Mayor Badame opened public comment.

Sujatha Venkatraman, West Valley Community Services
- Spoke about the services West Valley Community Services provides and commented on the opportunity to expand and enhance their services at the Interim Community Center.

Marico Sayoc, Executive Director of Counseling and Support Services for Youth (CASSY) - Commented on the services of Counseling and Support Services for Youth (CASSY) and how they can utilize the community center to better serve the community.

ITEM NO. 2.

PAGE 6 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of May 7, 2024 DATE: May 7, 2024
Mayor Badame closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Ristow to approve West Valley Community Services, Counseling and Support Services for Youth (CASSY), and AWO as potential community service partners to provide their respective services at the interim community center. Seconded by Council Member Moore.

VOTE: Motion passed 4-1 by roll call vote. Vice Mayor Hudes voted no.

17. Discuss and Provide Direction on Outreach and Noticing Options for Senate Bill (SB) 330 Projects.

Jennifer Armer, Planning Manager, presented the staff report.

Mayor Badame opened public comment.

No one spoke.

Mayor Badame closed public comment.

Council discussed the item.

MOTION: Motion by Vice Mayor Hudes to amend the policy to state that whenever a preapplication or formal application for a development of three stories or more, including, but not limited to SB330 and Builder’s Remedy application, is received or scheduled for a hearing, that neighbors within 1,000 feet will be notified and provided access to information in the visual renderings, signs, and the application itself. Further, if a project changes significantly, there will be re-notification. Fees will be recovered wherever possible. Notice will include a brief explanation of SB330 and current development process. Seconded by Mayor Badame.

VOTE: Motion passed unanimously by roll call vote.

18. Discuss and Provide Direction on Objective Design Standards.

Jennifer Armer, Planning Manager, presented the staff report.

Mayor Badame opened public comment.

No one spoke.

Mayor Badame closed public comment.

ITEM NO. 2.

PAGE 7 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of May 7, 2024 DATE: May 7, 2024
Council discussed the item.

MOTION: Motion by Council Member Ristow to ask staff to look for a consultant, if necessary, and come back with objective standards for high-quality design. Seconded by Council Member Moore.

SUBSTITUTE MOTION: Motion by Vice Mayor Hudes to approach the existing consultant and ask for a proposal to work on high-quality building design, view standards, and architectural styles. Seconded by Mayor Badame.

VOTE: Substitute motion passed 3-2 by roll call vote. Council Members Moore and Ristow voted no.

MOTION: Motion by Council Member Moore to extend the meeting to 12:20 a.m. Seconded by Mayor Badame.

VOTE: Motion passed unanimously by roll call vote.

PUBLIC HEARINGS

19. 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.

Gabreille Whelan, Town Attorney, presented the staff report.

Mayor Badame opened public comment.

No one spoke.

Mayor Badame closed public comment.

Council discussed the item.

ITEM NO. 2.

PAGE 8 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of May 7, 2024 DATE: May 7, 2024
MOTION: Motion by Council Member Ristow to 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” in Attachment 3, as recommended by the Planning Commission, with the language the Town Attorney provided regarding removal regarding temporary signs relative to a specific event with the change from 15 days to seven days [Section 29.10.110 (15) In the last sentence replace the word “fifteen” with the word “seven”]. Seconded by Council Member Hudes.

VOTE: Motion passed unanimously.

20. 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 Senate Bill (SB) 9 For Modified Design Review Standards and Other Clarifying Revisions.” The Proposed Amendments to the Town Code are Not Considered a Project Under Section 15378 of the California Environmental Quality Act, and in Accordance with Government Code Section 66411.7(n) and 66452.21(g), SB 9 Ordinances are Not a Project Subject to the California Environmental Quality Act. Town Code Amendment Application A-24-003. Project Location: Town Wide. Applicant: Town of Los Gatos.

Ryan Safty, Associate Planner, presented the staff report.

Mayor Badame opened public comment.

Harini Chila
- Commented on concerns with inconsistency in the two-unit development fees and Accessory Dwelling Unit (ADU) standards and stated support for the revised step-back guidelines.

Mayor Badame closed public comment.

Council discussed concerns with requirements for screening mechanical equipment, prohibited materials, and step-backs.

MOTION: Motion by Vice Mayor Hudes to extend the meeting until 12:30 a.m. Seconded by Council Member Moore.

VOTE: Motion passed unanimously by roll call vote.

ITEM NO. 2.

PAGE 9 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of May 7, 2024 DATE: May 7, 2024
MOTION: Motion by Council Member Ristow 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 Senate Bill (SB) 9 For Modified Design Review Standards and Other Clarifying Revisions” with modifications to prohibit vinyl siding and plywood and to require the side setback for the second story to be nine feet regardless of where the first [story] setback is set. Seconded by Council Member Moore.

Associate Planner Safty clarified for the record the changes are to Section 29.10.630 (2)(i) to remove subsection 1 Exterior Foam Molding and subsection 4 Exterior Insulation Finishing System (EIFS); and Section 29.10.630 (2)(e) changing the step back to require a nine-foot side and rear setback for the second story.

VOTE: Motion passed unanimously by roll call vote.

MOTION: Motion by Mayor Badame to extend the meeting until 12:45 a.m. Seconded by Council Member Moore.

VOTE: Motion passed unanimously by roll call vote.

COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Ristow stated she attended the Council Policy Committee and observed the Finance Commission meetings; met with Mark Robsen the developer for Belgatos site; met with Peter Norris the new Executive Director for the Los Gatos Terraces; attended the Jewish Community Center Challah Bake Event; and attended the Leadership Los Gatos graduation event and the Los Gatos Foundation for Older Adults to Thrive Monday morning monthly movie.
- Council Member Moore stated he attended a Passover Seder at Congregation Shir Hadash, the Community Police Academy graduation, the Leadership Los Gatos graduation event; spoke at the Relay for Life event in Cambrian; and attended the Power of Democracy event, the Life Moves luncheon, a meet and greet with Congressman Adam Schiff, an event at Daves Elementary School, and the grand opening of the new bookstore Beyond Text. - Council Member Rennie stated he met with Rob Stump to discuss the Los Gatos Lodge development.
- Vice Mayor Hudes stated that in addition to the meetings already mentioned by other Council Members, he attended the NUMU ArtNow event and the Los Gatos Foundation for Older Adults to Thrive Monday morning monthly movie.
- Mayor Badame stated she attended Spring into Green event, the West Valley Mayors and Managers monthly meeting; celebrated Arbor Day by planting a tree at Los Gatos Parent Nursery School; attended a ribbon cutting at Aspire El Camino Health; gave a presentation at the NUMU ArtNow program; observed the Council Policy Committee meeting, Finance Commission meetings, a ribbon cutting for DAR Restaurant and Bar, a West Valley Clean

ITEM NO. 2.

PAGE 10 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of May 7, 2024 DATE: May 7, 2024
Water Authority Board meeting; gave a presentation at the Leadership Los Gatos graduation event; and attended the Los Gatos Foundation for Older Adults to Thrive Monday morning monthly movie.

Manager Matters
- Announced the Town is moving forward with the adoption phase of the Housing Element and the Planning Commission will consider it on May 22, and Town Council consideration is tentatively scheduled for June 4.

CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session to discuss appointment of an Interim Town Manager and no action was taken.

ADJOURNMENT
The meeting adjourned at 12:32 a.m.

Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk

ITEM NO. 2.

Reviewed by: Town Manager, Planning Manager, and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 05/21/2024
4 DATE: May 16, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt 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 Introduced by the Town Council. 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.

RECOMMENDATION:

Adopt an Ordinance (Attachment 1) 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 introduced by the Town Council.

BACKGROUND:

The Town Council considered this ordinance for introduction at its April 2, 2024 meeting. A copy of the staff report for the April 2, 2024 meeting is available online.

At the April 2, 2024 meeting, the Town Council discussed the proposed 90-day time limit for the display of temporary signs. The Town Council was concerned that temporary signs would remain on display for too long a period. The Town Council expressed a preference that temporary signs, such as election signs, that are related to a specific event be required to be removed within a specified number of days from the event to which they pertain. Language was added to Section 29.10.110(15) to require the removal of temporary signs relating to a specific event within fifteen days after that event.

At its May 7, 2024 meeting, the Town Council requested that the fifteen-day period be reduced to seven days. The Town Attorney opined that the modification would be reasonable, and the Town Council voted to make that amendment to Section 29.10.110(15) and introduce the ordinance.

ITEM NO. 3.

PAGE 2 of 5
SUBJECT: Sign Ordinance/A-24-002
DATE: May 16, 2024
DISCUSSION:

The language of the proposed ordinance in Section 29.10.110(15) contains the Council’s modification to require the removal of temporary signs relating to a specific event within seven days after the event.

A clean version of the revised ordinance proposed for adoption is provided as Attachment 1. If adopted by the Town Council, the ordinance will take effect 30 days after its adoption.

CEQA:

The proposed amendments to the Town’s Sign Code are Exempt Pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that they will not significantly affect the physical environment in that they make minor changes to the regulations applicable to temporary signs.

Attachment:

1. Sign Ordinance Proposed for Adoption

ITEM NO. 3.

Ordinance Date Adopted
ATTACHMENT 1

DRAFT ORDINANCE

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

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

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

Section 29.10.100. Definitions.

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

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

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

ITEM NO. 3.

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

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

Awning is synonymous with marquee.

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

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

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

Canopy is synonymous with marquee.

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

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

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

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

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

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

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

ITEM NO. 3.

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

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

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

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

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

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

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

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

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

ITEM NO. 3.

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

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

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

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

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

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

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

ITEM NO. 3.

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

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

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

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

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

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

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

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

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

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

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

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

ITEM NO. 3.

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

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

ITEM NO. 3.

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

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

Section 29.10.110. Exceptions.

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

ITEM NO. 3.

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

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

Section 29.10.115. Prohibited signs.

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

ITEM NO. 3.

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

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

29.10.120 and 29.10.130.

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

Section 29.10.120. Temporary Signs Requiring Permits.

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

ITEM NO. 3.

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

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

ITEM NO. 3.

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

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

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

ITEM NO. 3.

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

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

ITEM NO. 3.

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

Land Use Class of Sign Number
of Signs
Total
Area

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

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

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

ITEM NO. 3.

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

ITEM NO. 3.

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

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

ITEM NO. 3.

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

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

Information concerning more than one (1) sign, and information concerning separate amortization dates for different characteristics of one (1) or more single signs, separately stated, may be included in a single notice. If the Planning Director subsequently learns that for any reason notice has not been given in a timely manner, or that notice given is defective in any way, the Planning Director shall promptly mail a proper notice to the occupant and owner, even if the regular time for notification has expired. Notice mailed after the time required by this subsection meets the requirements of subsection (e) and is effective to start the time period provided in subsection (f).
(e) Effect of mailing of notices. Notice mailed as provided in subsection (d) is deemed to be notice to the owners of nonconforming signs and to all persons having any right, title or interest therein. The mailing of notices is intended as a convenience to sign owners.

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

ITEM NO. 3.

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

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

SECTION IX. CEQA.

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

SECTION X. Publication.

ITEM NO. 3.

Ordinance Date Adopted
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California.

SECTION XI. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 7
th day of May 2024, 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. 3.

PREPARED BY: Ryan Safty
Associate 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: 05/21/2024
DATE: May 14, 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 Senate Bill (SB) 9 For Modified Design Review Standards and Other Clarifying Revisions.” The Proposed Amendments to the Town Code are Not Considered a Project Under Section 15378 of the California Environmental Quality Act, and in Accordance with Government Code Section 66411.7(n) and 66452.21(g), SB 9 Ordinances are Not a Project Subject to the California Environmental Quality Act. Town Code Amendment Application A-24-003.

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

RECOMMENDATION:

Adopt an Ordinance (Attachment 1) titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding Senate Bill (SB) 9 For Modified Design Review Standards and Other Clarifying Revisions.” DISCUSSION:

On May 7, 2024, the Town Council considered and voted unanimously to introduce an Ordinance amending Chapter 29 (Zoning Regulations) of the Town Code regarding SB 9 with specific modifications. Adoption of the attached Ordinance (Attachment 1) would finalize this decision and includes the modifications requested by the Town Council described below.

The Town Council motion included specific modifications to remove the five-foot second-story step-back requirement for SB 9 units within Town Code Section 29.10.630(2)(e) and replace it with a nine-foot internal side and rear setback for the second story of a two-unit development.

Additionally, the Town Council motion included a modification to remove exterior foam molding and Exterior Insulation Finishing Systems (EIFS) from the four prohibited exterior materials as recommended by Planning Commission. These modifications are reflected in Town Code Section 29.10.630(2)(i) of the Ordinance for adoption in Attachment 1.

ITEM NO. 4.

PAGE 2 of 2
SUBJECT: SB 9 Ordinance Amendments/A-24-003
DATE: May 14, 2024
ENVIRONMENTAL ASSESSMENT:

The proposed amendments to the Town Code are not considered a project under Section 15378 of the California Environmental Quality Act. Additionally, in accordance with Government Code Section 66411.7(n) and 66452.21(g), SB 9 Ordinances are not a project subject to the California Environmental Quality Act.

Attachment:

1. Ordinance for Adoption

ITEM NO. 4.
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DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE REGARDING SENATE BILL (SB) 9 FOR MODIFIED DESIGN REVIEW STANDARDS

AND OTHER CLARIFYING REVISIONS
TOWN CODE AMENDMENT APPLICATION A-24-003
PROPERTY LOCATION: TOWN WIDE
APPLICANT: TOWN OF LOS GATOS
WHEREAS, the Town of Los Gatos (Town) has adopted a General Plan to ensure a well-planned and safe community; and
WHEREAS, protection of public health, safety, and welfare is fully articulated in the General Plan; and
WHEREAS, State law requires that the Town's Zoning Code conform with the General Plan's goals and policies; and
WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill (SB) 9, which among other things, adds Government Code Sections 65852.21 and 66411.7 to impose new limits on local authority to regulate two-unit housing developments and urban lot splits; and
WHEREAS, SB 9 requires the Town to provide for the ministerial (or “by right”) approval of a housing development containing no more than two residential units of at least 800 square feet in floor area (two-unit housing development) and a parcel map dividing one existing lot into two approximately equal parts (urban lot split) within a single-family residential zone for residential use; and WHEREAS, SB 9 eliminates discretionary review and public oversight of proposed housing developments containing no more than two residential units by removing public notice and hearings by the Development Review Committee or Planning Commission, by authorizing only administrative review of the project, and by requiring ministerial approval of a two-unit housing development that meets objective standards; and WHEREAS, SB 9 eliminates discretionary review and public oversight of the proposed subdivision of one lot into two parcels by removing public notice and hearings by the Development Review Committee or Planning Commission, by requiring only administrative review of the project, and by providing ministerial approval of an urban lot split, and also authorizes local agencies to adopt an ordinance allowing for up to a 24- month additional map extension, for the use of an approved or conditionally approved Tentative Parcel Map; and
ATTACHMENT 1

ITEM NO. 4.
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WHEREAS, SB 9 exempts SB 9 projects from environmental review as required by the California Environmental Quality Act (CEQA), by establishing a ministerial review process without discretionary review or a public hearing; and WHEREAS, SB 9 allows the Town to adopt objective zoning and subdivision standards for two-unit housing developments and urban lot splits; and WHEREAS, the Town desires to amend its local regulatory scheme to comply with and implement Government Code Sections 65852.21 and 66411.7 and to appropriately regulate projects under SB 9; and
WHEREAS, on November 15, 2022, Town Council adopted Ordinance 2334 to regulate SB 9 projects within the Town; and
WHEREAS, at the February 13, 2024, Strategic Priorities meeting, Town Council voted to include a request for a modification to the second-story step-back requirement for SB 9 units (Section 29.10.630.(2)(e) of Ordinance 2334) within the Town’s upcoming Strategic Priorities for ordinance amendments; and
WHEREAS, the Planning Commission at its meeting on April 10, 2024, reviewed the proposed amendments to the Town Code regarding SB 9 second-story step-back requirements and other clarifying revisions as recommended by staff, held a public hearing, and forwarded a recommendation of approval to the Town Council with recommended modifications related to prohibited exterior materials and screening requirements for ground-mounted mechanical equipment; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on May 7, 2024; and WHEREAS, on May 7, 2024, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed amendments to the Town Code regarding SB 9, held a public hearing, and voted to introduce the Ordinance.

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

SECTION I. Section 29.10.600, “Purpose and Applicability,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

The Town Council finds and determines that this Division is applicable only to voluntary applications for two-unit housing developments and urban lot splits consistent with Senate Bill (SB) 9. Owners of real property or their representatives may continue to exercise rights for

ITEM NO. 4.
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property development in conformance with the Zoning Code and Subdivision Code.

Development applications that do not satisfy the definitions for a two-unit housing development or an urban lot split provided in Section 29.10.610 (Definitions) shall not be subject to this Ordinance. Any provision of this Division which is inconsistent with SB 9 shall be interpreted in a manner which is the most limiting on the ability to create a two-unit housing development or urban lot split, but which is consistent with State law. The provisions of this Division shall supersede and take precedence over any inconsistent provision of the Town Code to the extent necessary to effect the provisions of this Division.

SECTION II. Section 29.10.610, “Definitions,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

In addition to definitions contained in Chapter 24 (Subdivision Regulations) and Chapter 29 (Zoning Regulations), the following definitions apply for purposes of this Division. Where a conflict may exist, the definitions in this Division shall apply.

Acting in concert means persons, as defined by Government Code Section 82047, as that section existed on January 1, 2022, acting jointly to pursue development of real property whether or not pursuant to a written agreement and irrespective of individual financial interest.

Addition means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.

Adjacent parcel means any parcel of land that is: touching the parcel at any point; separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or separate from another parcel only by other real property which is in common ownership or control of the applicant.

Alteration means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure or change in the relative position of buildings or structures on a site, or substantial change in appearances of any building or structure.

Car-share vehicle means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

Common ownership or control means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.

Entry feature means a structural element, which leads to an entry door.

Existing structure means a lawfully constructed building that has received final building permit clearance.

First residential unit means one of two primary dwelling units developed under a two-unit

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housing development and can be an existing primary dwelling unit if it meets or is modified to meet the 1,200-square foot floor area limitation on first residential units.

Flag lot means "lot, corridor" as defined in Section 29.10.020 of Town Code.

Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.

Two-unit housing development means an application proposing no more than two primary dwelling units on a single parcel located within a single-family residential zone as authorized by Government Code Section 65852.21. A two-unit housing development shall consist of either the construction of no more than two new primary dwelling units, one new primary dwelling unit and retention of one existing primary dwelling unit, or retention of two existing legal nonconforming primary dwelling units where one or both units are subject to a proposed addition or alteration.

Public transportation means a high-quality transit corridor, as defined in subdivision (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3.

Single-family residential zone means a "R-1 or Single-Family residential Zone", "R-1D or Single-Family Residential Downtown Zone", or "HR or Hillside Residential Zone" as specified in Article IV, "Residential Zones," of the Zoning Code.

Subdivision Code means Chapter 24 of the Los Gatos Town Code.

Sufficient for separate conveyance means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.

Urban lot split means a ministerial application for a parcel map to subdivide an existing parcel located within a single-family residential zone into two parcels, as authorized by Government Code Section 66411.7.

Zoning Code means Chapter 29 of the Los Gatos Town Code.

SECTION III. Section 29.10.620, “Eligibility,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

An urban lot split or a two-unit housing development may only be created on parcels satisfying all of the following general requirements:
(1) Zoning District. A parcel that is located within a single-family residential zone. (2) Legal Parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and the Town's

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Subdivision Regulations in effect at the time the parcel was created. Applications for an urban lot split or two-unit housing development will only be accepted on parcels with either a recorded parcel map or certificate of compliance. When both an urban lot split and two-unit housing development application are submitted simultaneously, no construction or building permits for new construction or grading activities may be issued until the new parcel map for the urban lot split approval has been recorded.
(3) Excluding Historic Property. A parcel that is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel that does not contain a Historic Structure, as defined in Town Code Section 29.10.020, or is not listed on the Town of Los Gatos Historic Resource Inventory, as defined by Town Code Chapter 29, Article VII, Division 3, "Historic Preservation and LHP or Landmark and Historic Preservation Overlay Zone."
(4) Excluding Very High Fire Hazard Severity Zone. A parcel that is not within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a state responsibility area, as defined in Section 4102 of the Public Resources Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions: (i) Section 4291 of the Public Resources Code or Section 51182, as applicable; (ii) Section 4290 of the Public Resources Code; and (iii) Section 7A of the California Building Code (Title 24 of the California Code of Regulations).
(5) Excluding Hazardous Waste Sites. A parcel that is not identified as a hazardous waste site pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use.
(6) Excluding Earthquake Fault Zone. A parcel that is not located within a delineated earthquake fault zone as determined by the State Geologist on any official maps published by the State Geologist, unless the two-unit housing development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Health and Safety Code Division 13), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
(7) Excluding Flood Zone. A parcel that is not located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) on the official maps published by the Federal Emergency Management Agency unless a Letter of Map Revision prepared by the Federal Emergency Management Agency has

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been issued or if the proposed two-unit housing development is constructed in compliance with the provisions of Town Code Chapter 29, Article XI, "Floodplain Management," as determined by the floodplain administrator. (8) Excluding Natural Habitat. A parcel that is not recognized by the Town as a habitat for protected species identified as a candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (9) Excluding Prime Farmland and Wetlands. A parcel that contains either prime farmland or farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction; or wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). (10) Excluding Conservation Easements. A parcel subject to a recorded conservation easement.

SECTION IV. Section 29.10.630, “Requirements,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Two-unit housing developments must comply with the following objective zoning standards, design review standards, and general requirements and restrictions:
(1) Zoning Standards. The following objective zoning standards supersede any other standards to the contrary that may be provided elsewhere in the Zoning Code, as they pertain to a two-unit housing development under Government Code Section 65852.21. Two-unit housing developments shall be constructed only in accordance with the following objective zoning standards, except as provided by subsection (4), "Exceptions:"
a. Building Height. Maximum building height shall be as specified by the applicable zoning district for the main structure. Buildings located within the required side or rear setbacks of the applicable zoning district, and those located in the Hillside Residential (HR) zones, shall not exceed 16 feet in height; b. New Driveways. Each parcel shall include no more than a single driveway unless the parcel has more than 100 feet of contiguous street frontage or more than one existing driveway. Any new driveway shall satisfy the following requirements:

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1. A minimum width of 10 feet up to a maximum width of 18 feet.

Driveways in the Hillside Residential (HR) zones shall have a minimum width of 12 feet;

2. A minimum depth of 18 feet measured from the front or street side property line;

3. Surfacing shall comply with Town Code Section 29.10.155(e);

4. Only a single driveway curb-cut shall be permitted per parcel unless the parcel has more than 100 feet of contiguous street frontage, designed in accordance with the Town's Standard Specifications and Plans for Parks and Public Works Construction; and

5. A maximum slope of 15 percent.
c. Dwelling Unit Type. The primary dwelling units comprising a two-unit housing development may take the form of detached single-family dwellings, attached units, and/or duplexes. A duplex may consist of two dwelling units in a side-byside or front-to-back configuration within the same structure or one dwelling unit located atop another dwelling unit within the same structure; d. Fencing. All new fencing shall comply with the requirements of Sections

29.40.030 through 29.40.0325 of the Zoning Code;
e. Floor Area Ratio and Lot Coverage.

1. The maximum floor area ratio and lot coverage shall be as specified by the applicable zoning regulations.

2. For flag/corridor lots, the gross lot size includes the access corridor for the purposes of determining maximum floor area ratio and lot coverage as follows:
i. When an easement is used to provide access, the access corridor is included in the gross lot size for the lot granting the easement; and ii. When the access corridor is owned in-fee and is part of the rear lot, the access corridor is included in the gross lot size for the rear lot.

3. The maximum size of the first new residential unit shall not exceed 1,200 square feet.

4. When a two-unit housing development is proposed and the existing structures are at or below the maximum allowed floor area, a 10 percent increase in the floor area ratio standards for residential structures is allowed, excluding garages, and this increase in floor area cannot be combined with a separate increase for an Accessory Dwelling Unit allowed by Town Code Section 29.10.320. The additional floor area allowed by this subsection shall not exceed 1,200 square feet.

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5. Notwithstanding the floor area ratio and lot coverage standards in this subsection, a new two-unit housing development with unit sizes of 800 square feet or less shall be permitted.
f. Grading.

1. To the extent required by Chapter 12, Article II and Section

29.10.09045(b) of the Town Code, the grading activities set forth in subsection 2. below may require a Grading Permit, but will not require discretionary review of an Architecture and Site Application;

2. Grading activity associated with a two-unit housing development shall not exceed 50 cubic yards, cut plus fill, except:
i. Light wells that do not exceed the minimum required per Building Code shall not count as grading activity for the purpose of this section;
ii. Grading activities required to provide the minimum driveway and fire access as required by the Santa Clara County Fire Department shall not count as grading activity for the purpose of this section; and
iii. Excavation within the footprint of a primary dwelling unit or garage shall not count as grading activity for the purpose of this section. g. Cut and Fill. Two-unit housing developments shall be subject to the cut and fill requirements specified by Table 1-1 (Cut and Fill Requirements) below:

Table 1-1 - Cut and Fill Requirements
Site Element Cut * Fill *
House and attached garage 8' ** 3'
Detached accessory building
*
4' 3'
Driveways *** 4' 3'
Other (decks, yards) * 4' 3'
* Combined depths of cut plus fill for development other than the main residence shall be limited to 6 feet.
** Excludes below grade square footage pursuant to Section 29.40.072 of the Town Code and light-wells that do not exceed the minimum required per Building Code. *** Excludes cut and fill for the minimum driveway and fire access standards as required by the Santa Clara County Fire Department.
h. Building Sites. The footprint of the proposed residential unit(s) and garage(s) shall not be located on lands with slopes exceeding 30 percent. This provision applies only to the building site, not the property as a whole;

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i. Retaining Walls. Retaining walls shall not exceed five feet in height and shall not run in a straight continuous direction for more than 50 feet without a break, offset, or planting pocket. Retaining walls shall have a five-foot landscaped buffer when adjacent to the street;
j. Light Reflectivity Value. Exterior material colors for primary dwelling units and garages in the Hillside Residential (HR) zones shall comply with requirements in Chapter V, Section I, of the Town's Hillside Development Standards and Guidelines;
k. Landscaping Requirement. All landscaping shall comply with the California Model Water Efficient Landscape Ordinance (MWELO);
l. Lighting. New exterior lighting fixtures shall be downward directed and utilize shields so that no bulb is visible to ensure that the light is directed to the ground surface and does not spill light onto neighboring parcels consistent with Section 29.10.09015 of the Zoning Code;
m. Trees. Any proposed work shall comply with the protection, removal, and replacement requirements for protected trees in Chapter 29, Article 1, Division 2, "Tree Protection," of Town Code;
n. Minimum Living Area. The minimum living area of a primary dwelling unit shall be 150 square feet, subject to the restrictions specified by Health and Safety Code Section 17958.1;
o. Parking.

1. One parking stall per primary dwelling unit shall be required, except for two-unit housing developments located on parcels within one-half mile walking distance of public transportation; or where there is a designated parking area for one or more car-share vehicles within one block of the parcel.

2. Parking stalls may either be uncovered or covered (garage or carport) in compliance with applicable developments standards of the Zoning Code, including Chapter 29, Article I, Division 4, "Parking," except that uncovered parking spaces may be provided in a front or side setback abutting a street on a driveway (provided that it is feasible based on specific site or fire and life safety conditions) or through tandem parking. p. Setbacks. Two-unit housing developments and attached garages shall be subject to the setback and building separation requirements specified by Table 1-2 (Setback Requirements), below. Detached garages and detached accessory structures shall meet the setback requirements specified in Town Code Section

29.40.015 (Accessory Buildings).

Table 1-2 - Setback Requirements
Setback Requirement(2)
Property Line Setbacks(1) Front Per the applicable zoning district.(5)

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Garage Entry 18 feet
Interior Sides 4 feet(3)
Rear
Street Side Per the applicable zoning
district.

Separation Between
Detached Structures(3)(4)
5 feet
Exceptions:
(1) Cornices, eaves, belt courses, sills, canopies, bay windows, chimneys, or other similar architectural features may extend into required setbacks as specified Section 29.40.070(b) of the Zoning Code. (2) No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure. (3) For parcels created through an urban lot split where the parcels are under the same ownership, no interior side setback shall be required for two-unit housing development units constructed as attached units on separate lots, provided that the structures meet building code safety standards and are sufficient to allow separate conveyance as a separate fee parcel. Similarly, no rear setback (for the front property) or front setback (for the rear property) shall be required for two-unit housing development units constructed as attached units in a flag-lot configuration where the parcels are under the same ownership.
(4) Except for primary dwellings constructed as a duplex or attached single-family residences. (5) Flag/corridor lots shall use the interior side setback requirements for all property lines other than the rear.
q. Stormwater Management. The development shall comply with the requirements of the Town's National Pollution Discharge Elimination System Permit as implemented by Chapter 22 of the Town Code, and as demonstrated by a grading and drainage plan prepared by a registered civil engineer; and r. Utilities. New units shall be designed as individual units, with separate gas, electric, and water utility connections directly between each dwelling unit and the utility.
(2) Design Review Standards. The following objective design review standards apply to construction of new primary dwelling units and to any addition and/or alteration to existing primary dwelling units as part of a two-unit housing development, except as provided by subsection (4) below, "Exceptions:"
a. Balconies/Decks. Rooftop and second floor terraces and decks are prohibited.

Balconies shall only be permitted on the front- and street-side elevations of a primary dwelling unit fronting a public street. Such balconies shall be without any projections beyond the building footprint;
b. Finished Floor. The finished floor of the first story shall not exceed three feet in height as measured from finished grade;
c. Front Entryway. A front entryway framing a front door shall have a roof eave that matches or connects at the level of the adjacent eave line; d. Front Porch. If proposed, porches shall have a minimum depth of six feet and a minimum width equal to 25 percent of the linear width of the front elevation;

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Draft Ordinance Adoption Date
e. Second Story Setback. The interior side and rear elevations of the second story of a two-story primary dwelling unit shall have a minimum setback of nine feet; f. Garages. Street-facing attached garages shall not exceed 50 percent of the linear width of the front-yard or street-side yard elevation; g. Plate Height. The plate height of each story shall be limited to a maximum of 10 feet as measured from finished floor, and when above the first floor the plate height shall be limited to a maximum of eight feet; and h. Windows. All second story windows less than 10 feet from rear and interior side property lines shall be clerestory with the bottom of the glass at least six feet above the finished floor except as necessary for egress purposes as required by the Building Code.
i. Prohibited Materials. The following exterior materials are prohibited on all building exteriors:

1. Vinyl siding; and

2. Plywood.
j. Mechanical Equipment. Heating, ventilation, and air conditioning (HVAC) units, generators, energy storage systems (ESS), and other similar ground-mounted mechanical equipment shall be screened from view from any adjacent street if not already located out of view behind a building or solid fence. (3) General Requirements and Restrictions. The following requirements and restrictions apply to all two-unit housing developments, inclusive of existing and new primary dwelling units, except as provided by subsection (4) below, "Exceptions:" a. Number of Units. A maximum of four units, with a maximum of two primary dwelling units, on lots that have not undergone an urban lot split. b. Accessory Dwelling Units. In addition to the two residential units allowed under this section, consistent with Chapter 29, Article 1, Division 7, "Accessory Dwelling Units," of the Town Code, one accessory dwelling unit and one junior accessory dwelling unit shall be allowed on lots that have not undergone an urban lot split.
c. Building and Fire Codes. The International Building Code ("Building Code"), and the California Fire Code and International Fire Code (together, "Fire Code"), as adopted by Chapter 6 of the Town Code, respectively, apply to all two-unit housing developments.
d. Encroachment Permits. Separate encroachment permits, issued by the Parks and Public Works Department, shall be required for the installation of utilities to serve two-unit housing developments. Applicants shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric, and all other utility work.

ITEM NO. 4.
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Draft Ordinance Adoption Date
e. Restrictions on Demolition. The two-unit housing development shall not require either demolition of more than 25 percent of the exterior walls or alteration of any of the following types of housing:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. This shall be evidenced by an attestation from the property owner;

2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. This shall be evidenced by an attestation from the property owner; or

3. Housing that has been occupied by a tenant in the last three years. This shall be evidenced by an attestation from the property owner.

If any existing housing is proposed to be altered or demolished, the owner of the property proposed for a two-unit housing development shall sign an affidavit, stating that none of the conditions listed above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years on a form prescribed by the Town.

If any existing dwelling unit is proposed to be demolished, the applicant shall comply with the replacement housing provisions of Government Code Section 66300(d).
f. Recorded Covenant. Prior to building permit issuance, the applicant shall record a restrictive covenant in the form prescribed by the Town, which shall run with the land and provide for the following:

1. A limitation restricting the property to residential uses only; and

2. A requirement that any dwelling units on the property may only be rented for a period longer than thirty (30) days.
(4) Exceptions. If any of the provided zoning standards or design review standards would have the effect of physically precluding construction of up to two (2) primary dwelling units or physically preclude either of the two (2) primary dwelling units from being at least eight hundred (800) square feet in floor area, the Community Development Director shall grant an exception to the applicable standard(s) to the minimum extent necessary as specified by this section. An exception request shall be explicitly made on the application for a two-unit housing development. a. Determination. In order to retain adequate open space to allow for recreational enjoyment, protection of the urban forest, preservation of the community character, reduction of the ambient air temperature, and to allow for the percolation of rainfall into the groundwater system, when considering an exception request, the Community Development Director shall first determine that a reduction in any other zoning and/or design review standard(s) will not allow the construction of the two-unit housing

ITEM NO. 4.
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Draft Ordinance Adoption Date
development as specified by this section prior to allowing an exception(s) to the landscaping requirement, front-yard setback, or street-side setbacks standards.

SECTION V. Section 29.10.640, “Application Process for Two-Unit Housing Development,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Applications for two-unit housing developments shall be submitted and processed in compliance with the following requirements:
(1) Application Type. Two-unit housing developments shall be reviewed ministerially by the Community Development Director for compliance with the applicable regulations. The permitting provisions of Town Code Sections 29.20.135 through

29.20.160, "Architecture and Site Approval," shall not be applied; (2) Application Filing. An application for a two-unit housing development, including the required application materials and fees, shall be filed with the Community Development Department;
(3) Neighbor Notification. In addition to the standard application materials, the applicant will be required to submit one (1) set of stamped, addressed envelopes to neighboring residents and property owners. The Planning Department will assist the applicant in determining the neighboring properties to be notified (which will consist of all properties abutting the applicant's parcel, properties directly across the street and the two (2) parcels on each side of the properties directly across the street). (4) Building Permits. Approval of a two-unit housing development application shall be required prior to acceptance of an application for building permit(s) for the new and/or modified primary dwelling unit(s) comprising the two-unit housing development;
(5) Denial. The Community Development Director may deny a two-unit housing development project only if the Building Official makes a written finding, based upon a preponderance of the evidence, that the two-unit housing development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and (6) Appeals. Two-unit housing application decisions are ministerial and are not subject to an appeal.

SECTION VI. Section 29.10.650, “Subdivision Standards,” of Division 10., “Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

ITEM NO. 4.
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Draft Ordinance Adoption Date
Urban lot splits shall comply with the following objective subdivision standards, and general requirements and restrictions:
(1) Subdivision Standards. The following objective subdivision standards supersede any other standards to the contrary that may be provided in the Zoning Code or Subdivision Code, as they pertain to creation of an urban lot split under Government Code Section 66411.7:
a. Flag/Corridor Lots. The access corridor of a flag/corridor lot (Town Code Section 29.10.085) shall be either in fee as part of the parcel or as an easement, and shall be a minimum width of 12 feet;
b. Minimum Lot Size. Each new parcel shall be approximately equal in lot area provided that one (1) parcel shall not be smaller than forty (40) percent of the lot area of the original parcel proposed for subdivision. In no event shall a new parcel be less than 1,200 square feet in lot area. If one (1) of the proposed lots is a flag/corridor lot, the area of the access corridor shall count toward the lot area as follows:

1. When an easement is used to provide access, the access corridor is included in the gross lot size for the lot granting the easement; and

2. When the access corridor is owned in-fee and is part of the rear lot, the access corridor is included in the gross lot size for the rear lot. c. Minimum Lot Width. Each new parcel shall maintain a minimum lot width of twenty (20) feet;
d. Minimum Public Frontage. Each new parcel shall have frontage upon a street with a minimum frontage dimension of twenty (20) feet, except as allowed above for flag/corridor lots;
e. Number of Lots. The parcel map to subdivide an existing parcel shall result in no more than two (2) parcels; and
f. Lot Merger. Lots resulting from an urban lot split shall not be merged unless that lot merger can be done without loss of housing units and without causing a non-conforming building, lot, or use.
(2) General Requirements and Restrictions. The following requirements and restrictions apply to all proposed urban lot splits:
a. Adjacent Parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously conducted an urban lot split to create an adjacent parcel as provided for in this Division; b. Dedication and Easements. The Town Engineer shall not require dedications of rights-of-way nor the construction of offsite improvements but may, however, require recording of easements necessary for the provision of private services, facilities, and future public improvements or future public services, facilities, and future public improvements;

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Draft Ordinance Adoption Date
c. Existing Structures. Existing structures located on a parcel subject to an urban lot split shall not be subject to a setback requirement. However, any such existing structures shall not be located across the shared property line resulting from an urban lot split, unless the structure is converted to an attached unit as provided for in Table 1-2 (Setback Requirements, Exception Number 3). All other existing structures shall be modified, demolished, or relocated prior to recordation of a parcel map;
d. Intent to Occupy. The applicant shall submit a signed affidavit to the Community Development Director attesting that the applicant intends to occupy one (1) of the housing units on the newly created parcels as their principal residence for a minimum of three (3) years from either:

1. The date of the approval of the urban lot split when the intent is to live in an existing residence; or

2. Certificate of occupancy when the intent is to occupy a newly constructed residential unit.

This requirement shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code;
e. Non-Conforming Conditions. The Town shall not require, as a condition of approval, the correction of nonconforming zoning conditions. However, no new nonconforming conditions may result from the urban lot split other than setbacks as specified by Table 1-2 (Setback Requirements, Exception Number 2), maximum allowed lot coverage, and maximum allowed floor area ratio; f. Number of Units. No more than two (2) dwelling units may be located on any lot created through an urban lot split, including primary dwelling units, accessory dwelling units, junior accessory dwelling units, density bonus units, and units created as two-unit developments. Any excess dwelling units that do not meet these requirements shall be relocated, demolished, or otherwise removed prior to approval of a parcel map;
g. Prior Subdivision. A parcel created through a prior urban lot split may not be further subdivided. The subdivider shall submit a signed deed restriction to the Community Development Director documenting this restriction. The deed restriction shall be recorded on the title of each parcel concurrent with recordation of the parcel map;
h. Restrictions on Demolition. The proposed urban lot split shall not require either the demolition of more than twenty-five (25) percent of the exterior walls or alteration of any of the following types of housing:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate,

ITEM NO. 4.
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Draft Ordinance Adoption Date
low, or very low income. This shall be evidenced by an attestation from the property owner;

2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. This shall be evidenced by an attestation from the property owner; or

3. Housing that has been occupied by a tenant in the last three (3) years.

This shall be evidenced by an attestation from the property owner; If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an urban lot split shall sign an affidavit, stating that none of the conditions listed above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three (3) years on a form prescribed by the Town. The owner and applicant shall also sign an affidavit stating that neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using and urban lot split; i. Replacement Units. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d);
j. Recorded Covenant. Prior to approval and recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the Town, which shall run with the land and provide for the following:

1. A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this section;

2. A limitation restricting the properties to residential uses only; and

3. A requirement that any dwelling units on the property may only be rented for a period longer than thirty (30) days.
k. Stormwater Management. The subdivision shall comply with the requirements of the Town's National Pollution Discharge Elimination System Permit as implemented by Chapter 22 of the Town Code, and as demonstrated by a grading and drainage plan prepared by a registered civil engineer; l. Utility Providers. The requirements of the parcel's utility providers shall be satisfied prior to recordation of a parcel map; and
m. Compliance with Subdivision Map Act. The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in Government Code Section 66411.7.

SECTION VII. Section 29.10.660, “Application Process for Urban Lot Splits,” of Division 10.,

ITEM NO. 4.
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Draft Ordinance Adoption Date
“Two-Unit Housing Development and Urban Lot Splits,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

Applications for urban lot splits shall be submitted and processed in compliance with the following requirements:
(1) Application Type. Urban lot splits shall be reviewed ministerially by the Community Development Director for compliance with the applicable regulations. A tentative parcel map shall not be required;
(2) Application Filing. An urban lot split application, including the required application materials and fees, shall be filed with the Community Development Department; (3) Neighbor Notification. In addition to the standard application materials, the applicant will be required to submit one (1) set of stamped, addressed envelopes to neighboring residents and property owners. The Planning Department will assist the applicant in determining the neighboring properties to be notified (which will consist of all properties abutting the applicant's parcel, properties directly across the street and the two (2) parcels on each side of the properties directly across the street). (4) Parcel Map. Approval of an urban lot split permit shall be required prior to acceptance of an application for a parcel map for an urban lot split. Applicants shall apply for an Urban Lot Split Parcel Map and pay all fees; (5) Development. Development on the resulting parcels is limited to a project approved by the two-unit housing development process, the Town’s Accessory Dwelling Unit process, or through the Town's standard discretionary process; (6) Denial. The Community Development Director may deny an urban lot split only if the Building Official makes a written finding, based upon a preponderance of the evidence, that an urban lot split or two-unit housing development located on the proposed new parcels would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and (7) Appeals. Urban lot split application decisions are ministerial and are not subject to an appeal.

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,

ITEM NO. 4.
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Draft Ordinance Adoption Date
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). Additionally, in accordance with Government Code Section 66411.7(n) and 66452.21(g), Senate Bill 9 Ordinances are not a project subject to the California Environmental Quality Act.

SECTION X. Consistency with General Plan.

The amendments to the Town Code are consistent with the General Plan as SB 9 is a state law; and
SECTION XI. Publication.

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

SECTION XII. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 7
th day of May 2024, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the __ day of _____ 2024, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

ITEM NO. 4.
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Draft Ordinance Adoption Date
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

ITEM NO. 4.

This Page
Intentionally
Left Blank

ITEM NO. 4.

PREPARED BY: Eric Lemon
Finance and Accounting Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 05/21/2024
DATE: May 14, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive the Monthly Financial and Investment Report for March 2024 RECOMMENDATION:

Receive the Monthly Financial and Investment Report for March 2024.

BACKGROUND:

California Government Code Section 41004 requires that the Town Treasurer submit to the Town Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Finance Director assumes the Town Treasurer role.

Attachment 1 contains the March 2024 Monthly Financial and Investment Report which fulfills this requirement. The March 2024 Monthly Financial and Investment Report was received by Finance Commission on May 13, 2024.

DISCUSSION:

The March 2024 Monthly Financial and Investment Report includes a Fund Balance Schedule, representing estimated funding available for all funds at the end of the respective month. The fund balances were estimated at a point in time and will be finalized at the final close of the fiscal year.

Please note that the amount in the Fund Schedule differs from the Portfolio Allocation and Treasurer’s Cash Fund Balances Summary schedule because assets and liabilities are components of the fund balance.

ITEM NO. 5.

PAGE 2 OF 3
SUBJECT: Monthly Financial and Investment Report for March 2024 DATE: May 14, 2024
DISCUSSION (continued):

As illustrated in the summary below, Total Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available.

As of March 31, 2024, the Town’s financial position (Assets $87.55M, Liabilities $29.10M, and Fund Equity $58.45M) remains strong and there are no issues meeting financial obligations in the near future.

As of March 31, 2024, the Town’s weighted portfolio yield for investments under management was 4.34% which was 11 basis points above the Local Agency Investment Fund (LAIF) yield of

4.23% for the same reporting period. Currently, the LAIF portfolio’s weighted average maturity (WAM) is 226 days versus the Town’s longer WAM of 653 days. The longer maturity (WAM) for Town assets under management reflects the Town’s strategy to take advantage of higher yields associated with longer maturities balanced with shorter term yields available on investments held with the State’s LAIF. The Town’s weighted average rate of return on investments under management of 4.34% at the close of March was 2 basis points higher when compared to the prior month’s return of 4.32% reported as of February 29, 2024.

Since March 2023, LAIF yields had climbed from 283 basis points (2.83%) to 423 basis points (4.23%) through the end of March 2024.

Staff, in coordination with the Town’s investment advisor, primarily replaced maturing investments with long term maturities in the four-to-five-year maturity range. These investments capture current yields that exceed the rates expected to be earned in the LAIF pool during that same time period. The State LAIF pool typically lags the market when current market yields are either increasing or decreasing.

On March 22, 2023, the Federal Reserve voted to approve a ¼ percentage basis point increase from 4.75% to 5.00%. This action was followed with additional hikes in May 2023 from 5.00% to 5.25% and July from 5.25 % to 5.5 %. Through these actions over time, the Federal Open Market Committee’s (FOMC) goal is to bring year to year inflation to its targeted level of 2%.

ITEM NO. 5.

PAGE 3 OF 3
SUBJECT: Monthly Financial and Investment Report for March 2024 DATE: May 14, 2024
DISCUSSION (continued):

The US economy added 275,000 jobs in February, above consensus for 200,000. The prior two months were revised down by 160,000. The unemployment rate rose from 3.7% to 3.9% the highest since late 2020 while the labor force participation rate was unchanged at 62.5%.

The Town's investments are in compliance with the Town's Investment Policy dated February 21, 2023, and also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.

CONCLUSION:

Receive Monthly Financial and Investment Report for March 2024.

Attachment:

1. Financial and Investment Report (March 2024)

ITEM NO. 5.

Weighted Average YTM Portfolio Yield on Investments
under Management 4.34%
Weighted Average Maturity (days) 653
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $74,499,958 $71,152,030 $70,079,332 Cert. of Participation 2002 Lease Payment Fund
Managed Investments $49,565,242
Local Agency Investment Fund $16,391,357
Reconciled Demand Deposit Balances $8,543,360
Portfolio Allocation & Treasurer's Cash Balances $74,499,958 Benchmarks/ References:

Town's Average Yield 4.34% 4.32% 2.71%
LAIF Yield for month 4.23% 4.12% 2.83%
3 mo. Treasury 5.38% 5.39% 4.80%
6 mo. Treasury 5.33% 5.32% 4.91%
2 yr. Treasury 4.62% 4.62% 4.03%
5 yr. Treasury (most recent) 4.21% 4.25% 3.58%
10 Yr. Treasury 4.20% 4.25% 3.47%
Town of Los Gatos
Summary Investment Information
March 31, 2024
0 - 1 year
41%
1 - 2 years
17%
2 - 3 years
12%
3 - 5 years
30%
Portfolio Maturity Profile
Compliance: The Town's investments are in compliance with the Town's investment policy dated February 21, 2023 and also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.
1 ATTACHMENT 1 Page 61
ITEM NO. 5.

Month YTD
Cash & Investment Balances - Beginning of Month/Period $ 71,152,030.35 $ 78,384,947.79 Receipts 12,047,260.22 56,780,334.37
Disbursements (8,699,332.81) (60,665,324.40)
Cash & Investm Cash & Investment Balances - End of Month/Period $74,499,957.76 $74,499,957.76 Portfolio Allocation Amount % of Portfolio
Max. % or $ Allowed
per State Law or Policy
BNY MM $38,631.37 0.06% 20% of Town Portfolio
US Treasury Notes $19,802,509.31 30.02% No Max. on US Treasuries Government Agency Debenture Notes $15,867,942.90 24.06% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $13,856,158.01 21.01% 30% of Town Portfolio Local Agency Investment Fund $16,391,356.50 24.85% $75 M per State Law Subtotal - InSubtotal - Investments 65,956,598.09 100.00% Reconciled Demand Deposit Balances 8,543,359.67
Total Portfolio Allocation & Treasurer's Cash Balances $74,499,957.76

0.0401

0.0388
Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
March 31, 2024
BNY MM

0.06%
US Treasury Notes

30.02%
Government Agency Debenture
Notes

24.06%
Corporate Medium Term Bonds

21.01%
Local Agency Investment Fund

24.85%
Portfolio Investment Allocation
$70.1 M
$74.5 M
$0.0 M
$10.0 M
$20.0 M
$30.0 M
$40.0 M
$50.0 M
$60.0 M
$70.0 M
$80.0 M
$90.0 M
Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Treasurer's Fund Balances
2

ITEM NO. 5.

March 2024 March 2024 March 2024
Beginning Deposits Interest/ Ending
Balance Realized Gain/Adj. Earnings Withdrawals Balance Non-Treasury Funds:

Cert. of Participation 2002 Ser A Reserve Fund $ 689,178.32 $ - $ 2,732.05 $ - $ 691,910.37 Note 1 Cert. Of Participation 2010 Ser Lease Payment Fund 100.71 - 0.29 - 101.00 Note 1 Cert. of Participation 2002 Ser A Lease Payment Fund 29,294.25 - 7.95 - 29,302.20 Note 1 Cert. of Participation 2010 Ser Reserve Fund 1,365,280.82 - 5,640.53 - 1,370,921.35 Note 2 Total Restricted Funds: $ 2,083,854.10 $ - $ 8,380.82 $ - $ 2,092,234.92 CEPPT IRS Section 115 Trust 2,147,176.12 - 33,566.98 - $ 2,180,743.10 Note 3 Grand Total COP's and CEPPT Trust $ 4,231,030.22 $ - $ 41,947.80 $ - $ 4,272,978.02 These accounts are not part of the Treasurer's fund balances reported elsewhere in this report, as they are for separate and distinct entities.

Note 1: The three original funds for the Certificates of Participation 2002 Series A consist of construction funds which will be expended over the next few years, reserve funds which will guarantee the payment of lease payments, and a third fund for the disbursement of lease payments and initial delivery costs.

Note 2: The 2010 COP Funds are all for the Library construction, reserves to guarantee lease payments, and a lease payment fund for the life of the COP issue. The COI fund was closed in September 2010.

Note 3: The CEPPT Section IRS Section 115 Trust was established as an irrevocable trust dedicated to accumulate resources to fund the Town's unfunded liabilities related to pension and other post employment benefits.

Town of Los Gatos
Non-Treasury Restricted Fund Balances
March 31, 2024
3

ITEM NO. 5.

July 2023 $ 133,845.42
August 2023 $ 131,615.82
September 2023 $ 158,361.71
October 2023 $ 149,112.14
November 2023 $ 163,137.22
December 2023 $ 177,498.26
January 2024 $ 183,950.61
February 2024 $ 183,453.40
March 2024 $ 206,361.80
April 2024 -
May 2024 -
June 2024 -
$ 1,487,336.38
Town of Los Gatos
Statement of Interest Earned
March 31, 2024
4

ITEM NO. 5.

Original Issue Market Value Maturity Yield to Interest Interest Interest Days Deposit Par Original (Discount) Market Above (Under) Purchased Date or Maturity Received Earned Earned to Institution CUSIP # Security Coupon Date Value Cost Premium Value Cost Interest Call Date or Call to Date Prior Yrs. Current FY Maturity Apple 037833DB3 Corporate Bond 2.90% 12/20/2022 1,300,000.00 1,228,591.00 (71,409.00) 1,230,398.00 1,807.00 6/21/2027 4.19% $ 46,287.22 $ 28,170.97 $ 40,349.05 1177 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 (8,040.00) 964,850.00 (27,110.00) 1/1/2026 3.04% $ 34,750.00 $ 29,252.66 $ 24,377.22 641 US Treasury 912828ZW3 US Treasury Note 0.25% 8/9/2022 350,000.00 322,096.88 (27,903.12) 330,463.00 8,366.12 6/30/2025 3.16% $ 1,217.39 $ 9,366.72 $ 7,925.68 456 IBM 459200JY8 Corporate Bond 3.00% 3/25/2021 1,000,000.00 1,071,040.00 71,040.00 996,540.00 (74,500.00) 5/15/2024 0.71% $ 79,166.67 $ 16,751.96 $ 5,570.48 45 FFCB 3133EN5V8 Gov. Agency Debenture 4.13% 1/17/2023 236,000.00 239,174.20 3,174.20 233,923.20 (5,251.00) 1/11/2027 3.76% $ 9,572.75 $ 4,016.30 $ 6,734.65 1016 US Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 (87,434.82) 741,440.00 28,874.82 3/31/2026 4.14% $ 9,000.00 $ 23,165.06 $ 23,334.77 730 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 939.60 892,251.00 (8,688.60) 9/30/2025 4.14% $ 57,375.00 $ 28,374.86 $ 28,582.74 548 American Honda 02665WCZ2 Corporate Bond 2.40% 11/27/2019 1,000,000.00 1,012,410.01 12,410.01 992,570.00 (19,840.01) 6/27/2024 2.12% $ 108,733.34 $ 76,483.79 $ 16,043.51 88 JP Morgan Chase 46625HRS1 Corporate Bond 3.20% 9/23/2022 500,000.00 474,660.00 (25,340.00) 481,235.00 6,575.00 3/15/2026 4.70% $ 19,644.44 $ 17,865.15 $ 17,546.13 714 Honeywell Int'l. 438516BW5 Corporate Bond 2.30% 11/20/2019 1,000,000.00 1,014,660.00 14,660.00 987,630.00 (27,030.00) 7/15/2024 1.64% $ 96,983.33 $ 71,679.55 $ 14,955.90 106 Caterpillar Financial Serv 14913Q2V0 Corporate Bond 2.85% 2/23/2021 1,000,000.00 1,077,370.00 77,370.00 996,780.00 (80,590.00) 5/17/2024 0.44% $ 77,900.00 $ 10,677.18 $ 3,426.17 47 FNMA 3135G0V75 Gov. Agency Debenture 1.75% 10/17/2019 1,100,000.00 1,105,833.30 5,833.30 1,089,968.00 (15,865.30) 7/2/2024 1.63% $ 81,331.25 $ 66,718.86 $ 13,570.77 93 FFCB 3133EKQA7 Gov. Agency Debenture 2.08% 10/21/2019 1,000,000.00 1,019,780.00 19,780.00 986,260.00 (33,520.00) 9/10/2024 1.66% $ 91,231.11 $ 61,888.40 $ 12,625.60 163 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 (97,047.60) 1,127,892.00 24,939.60 8/25/2025 3.04% $ 7,687.50 $ 36,626.55 $ 26,161.82 512 US Treasury 912828ZL7 US Treasury Note 0.38% 4/12/2022 1,700,000.00 1,583,927.57 (116,072.43) 1,618,247.00 34,319.43 4/30/2025 2.72% $ 9,879.49 $ 54,017.06 $ 33,456.51 395 FHLB 3130AQF65 Gov. Agency Debenture 1.25% 11/30/2022 1,300,000.00 1,160,559.40 (139,440.60) 1,194,960.00 34,400.60 12/21/2026 4.15% $ 17,197.92 $ 29,385.32 $ 38,117.76 995 US Treasury 912828X70 US Treasury Note 2.00% 12/30/2019 1,000,000.00 1,010,589.29 10,589.29 997,300.00 (13,289.29) 4/30/2024 1.75% $ 76,703.30 $ 61,478.37 $ 13,228.91 30 US Treasury 912828XT2 US Treasury Note 2.00% 10/31/2019 1,000,000.00 1,015,667.41 15,667.41 994,600.00 (21,067.41) 5/31/2024 1.64% $ 81,639.34 $ 60,792.37 $ 12,494.70 61 FHLB 3130APJH9 Gov. Agency Debenture 1.00% 1/17/2023 1,000,000.00 907,010.00 (92,990.00) 929,950.00 22,940.00 10/28/2026 4.17% $ 8,354.17 $ 15,544.14 $ 26,064.86 941 FFCB 3133EN5N6 Gov. Agency Debenture 4.00% 2/8/2023 1,700,000.00 1,706,732.00 6,732.00 1,678,665.00 (28,067.00) 1/6/2028 3.91% $ 61,955.56 $ 25,921.64 $ 50,200.36 1376 Freddie Mac 3137EAEX3 Gov. Agency Debenture 0.38% 5/1/2023 750,000.00 689,032.50 (60,967.50) 702,652.50 13,620.00 9/23/2025 3.97% $ 2,515.62 $ 4,638.18 $ 21,258.35 541 American Honda 02665WED9 Corporate Bond 4.70% 5/11/2023 600,000.00 608,856.00 8,856.00 597,792.00 (11,064.00) 1/12/2028 4.34% $ 18,878.33 $ 3,603.61 $ 19,819.86 1382 US Treasury 91282CEF4 US Treasury Note 2.50% 6/9/2023 1,500,000.00 1,416,626.12 (83,373.88) 1,420,725.00 4,098.88 3/31/2027 4.09% $ 30,327.87 $ 3,416.23 $ 44,736.40 1095 US Treasury 91282CGA3 US Treasury Note 4.00% 6/20/2023 2,100,000.00 2,080,558.59 (19,441.41) 2,074,569.00 (5,989.59) 12/15/2025 4.40% $ 40,852.46 $ 2,515.25 $ 69,169.29 624 Colgate-Palmolive 194162AR4 Corporate Bond 4.60% 7/14/2023 500,000.00 504,655.00 4,655.00 505,465.00 810.00 2/1/2028 4.37% $ 14,502.79 $ - $ 15,716.00 1402 FannieMae 3135G06G3 Gov. Agency Debenture 0.50% 7/14/2023 500,000.00 455,157.00 (44,843.00) 467,290.00 12,133.00 11/7/2025 4.63% $ 784.72 $ - $ 15,605.88 586 FFCB 3133EPQC2 Gov. Agency Debenture 4.63% 7/17/2023 500,000.00 501,957.50 1,957.50 499,345.00 (2,612.50) 7/17/2026 4.48% $ 11,562.50 $ - $ 15,885.09 838 FFCB 3133EPBM6 Gov. Agency Debenture 4.13% 7/14/2023 600,000.00 596,220.00 (3,780.00) 593,892.00 (2,328.00) 8/23/2027 4.29% $ 15,056.25 $ - $ 18,355.23 1240 PNC Bank 69353RFJ2 Corporate Bond 3.25% 7/25/2023 1,000,000.00 921,490.00 (78,510.00) 935,270.00 13,780.00 12/23/2027 5.23% $ 15,979.17 $ - $ 34,436.14 1362 US Treasury 91282CFU0 US Treasury Note 4.13% 7/31/2023 1,300,000.00 1,290,660.60 (9,339.40) 1,290,250.00 (410.60) 10/31/2027 4.31% $ 13,406.25 $ - $ 37,315.31 1309 Toyota Motor Credit 89236TKL8 Corporate Bond 5.45% 8/25/2023 1,600,000.00 1,617,168.00 17,168.00 1,630,992.00 13,824.00 11/10/2027 5.16% $ 18,166.67 $ - $ 49,875.40 1319 US Treasury 912810FE3 US Treasury Note 5.50% 10/3/2023 1,200,000.00 1,238,207.14 38,207.14 1,260,048.00 21,840.86 8/15/2028 4.76% $ 24,211.96 $ - $ 28,679.96 1598 Pepsico Inc 713448DF2 Corporate Bond 2.85% 10/16/2023 1,000,000.00 947,570.00 (52,430.00) 965,560.00 17,990.00 11/24/2025 5.24% $ 10,133.33 $ - $ 24,410.91 603 FFCB 3133EPUW3 Gov. Agency Debenture 4.75% 10/13/2023 1,000,000.00 994,338.00 (5,662.00) 1,003,440.00 9,102.00 9/1/2026 4.96% $ 18,208.33 $ - $ 23,036.51 884 Freddie Mac 3137EAEP0 Gov. Agency Debenture 1.50% 10/13/2023 1,000,000.00 951,540.00 (48,460.00) 969,430.00 17,890.00 2/12/2025 5.32% $ 4,958.33 $ - $ 23,867.86 318 US Treasury 91282CEW7 US Treasury Note 3.25% 10/16/2023 1,000,000.00 950,039.06 (49,960.94) 966,090.00 16,050.94 6/30/2027 4.73% $ 6,711.96 $ - $ 21,036.51 1186 US Treasury 91282CEN7 US Treasury Note 2.75% 10/31/2023 1,300,000.00 1,214,336.39 (85,663.61) 1,238,458.00 24,121.61 4/30/2027 4.82% $ - $ - $ 25,084.12 1125 US Treasury 912828YV6 US Treasury Note 1.50% 11/15/2023 700,000.00 673,667.97 (26,332.03) 683,067.00 9,399.03 11/30/2024 5.26% $ 430.33 $ - $ 13,409.57 244 US Treasury 91282CAB7 US Treasury Note 0.25% 11/15/2023 675,000.00 623,900.39 (51,099.61) 635,053.50 11,153.11 7/31/2025 4.92% $ 353.09 $ - $ 11,852.38 487 US Treasury 91282CGU9 US Treasury Note 3.88% 11/30/2023 1,000,000.00 983,515.62 (16,484.38) 988,790.00 5,274.38 3/31/2025 5.17% $ 12,916.67 $ - $ 17,081.61 365 US Treasury 91282CCH2 US Treasury Note 1.25% 12/21/2023 900,000.00 798,647.55 (101,352.45) 795,024.00 (3,623.55) 6/30/2028 3.99% $ 305.71 $ - $ 9,305.75 1552 FNMA 3135G0Q22 Gov. Agency Debenture 1.88% 12/21/2023 900,000.00 845,676.00 (54,324.00) 843,957.00 (1,719.00) 9/24/2026 4.22% $ 4,359.38 $ - $ 10,112.70 907 US Treasury 91282CFB2 US Treasury Note 2.75% 1/2/2024 1,000,000.00 960,354.91 (39,645.09) 950,080.00 (10,274.91) 7/31/2027 3.95% $ 2,167.12 $ - $ 9,407.17 1217 US Treasury 91282CHE4 US Treasury Note 3.63% 1/17/2024 1,800,000.00 1,775,185.72 (24,814.28) 1,755,288.00 (19,897.72) 8,557.37 5/31/2028 3.97% $ (8,557.37) $ - $ 14,379.30 1522 JP Morgan Chase 46647PDG8 Corporate Bond 4.85% 2/1/2024 1,400,000.00 1,396,528.00 (3,472.00) 1,387,834.00 (8,694.00) 1,131.90 7/25/2027 4.93% $ (1,131.90) $ - $ 11,139.18 1211 US Bancorp 91159HJF8 Corporate Bond 4.55% 2/5/2024 1,000,000.00 989,200.00 (10,800.00) 980,380.00 (8,820.00) 1,642.33 7/22/2027 4.89% $ (1,642.33) $ - $ 7,323.46 1208 Treasury 91282CHB0 US Treasury Note 3.63% 2/23/2024 1,175,000.00 1,151,962.92 (23,037.08) 1,152,005.25 42.33 11,701.58 5/15/2026 4.56% $ (11,701.58) $ - $ 5,367.44 775 FHLB 3130AXB31 Gov. Agency Debenture 4.88% 2/27/2024 1,000,000.00 1,003,060.00 3,060.00 1,003,680.00 620.00 3/13/2026 4.72% $ 2,979.17 $ - $ 4,271.99 712 FFCB 3133EP5U5 Gov. Agency Debenture 4.13% 3/28/2024 1,700,000.00 1,687,981.00 (12,019.00) 1,690,004.00 2,023.00 1,558.33 3/20/2029 4.28% $ (1,558.33) $ - $ 596.20 1815 Subtotal $ 50,786,000.00 $ 49,526,610.22 $ (1,259,389.78) $ 49,452,353.45 $ (74,256.77) $ 24,591.51 $ 1,221,786.28 $ 742,350.18 $ 1,017,303.15 BNY MM Money Market 38,631.37 38,631.37 0.00 0.00% 1
LAIF State Investment Pool 16,391,356.50 16,296,143.49 (95,213.01) 4.23% 377,767.72 1 65,956,598.09 $65,787,128.31 ($169,469.78) $24,591.51 $ 1,221,786.28 $ 742,350.18 $ 1,395,070.87 Matured Assets
PNC Financial 69349LAM0 Corporate Bond 3.80% 2/7/2022 1,000,000.00 1,033,470.00 33,470.00 7/25/2023 1.49% $ 55,733.33 $ 20,987.56 $ 1,032.85 US Treasury 91282CCN9 US Treasury Note 0.13% 1/13/2022 1,200,000.00 1,188,375.00 (11,625.00) 7/31/2023 0.75% $ 2,323.37 $ 13,176.45 $ 766.36 Toyota Motor Credit 89236THA6_1 Corporate Bond 1.35% 4/12/2021 500,000.00 510,580.00 10,580.00 8/25/2023 0.45% $ 15,993.75 $ 5,065.91 $ 350.67 Toyota Motor Credit 89236THA6 Corporate Bond 1.35% 1/11/2022 1,100,000.00 1,107,315.00 7,315.00 8/25/2023 0.94% $ 24,090.00 $ 15,144.57 $ 1,585.23 US Treasury 91282CDA6 US Treasury Note 0.25% 1/31/2022 1,100,000.00 1,085,222.44 (14,777.56) 9/30/2023 1.07% $ 4,570.74 $ 16,417.94 $ 2,932.91 American Honda 02665WCQ2 Corporate Bond 3.63% 9/14/2021 950,000.00 1,012,871.00 62,871.00 10/10/2023 0.41% $ 71,362.15 $ 7,316.05 $ 1,141.03 FFCB 3133EMCQ3 Gov. Agency Debenture 0.28% 10/16/2020 2,000,000.00 1,998,000.00 (2,000.00) 10/13/2023 0.31% $ 16,753.33 $ 16,950.71 $ 1,803.27 US Treasury 91282CAP6 US Treasury Note 0.13% 6/30/2021 1,000,000.00 995,390.63 (4,609.37) 10/15/2023 0.33% $ 2,865.44 $ 6,520.12 $ 955.69 US Treasury 91282CDD0 US Treasury Note 0.38% 1/13/2022 1,100,000.00 1,090,675.78 (9,324.22) 10/31/2023 0.85% $ 7,406.77 $ 13,599.56 $ 3,138.36 US Treasury 91282CAW1 US Treasury Note 0.25% 7/15/2021 1,200,000.00 1,199,437.50 (562.50) 11/15/2023 0.27% $ 7,002.72 $ 6,348.21 $ 1,225.25 US Treasury 912828U57 US Treasury Note 2.13% 7/31/2019 1,000,000.00 1,011,875.00 11,875.00 11/30/2023 1.84% $ 92,083.33 $ 72,526.17 $ 7,759.79 FFCB 3133EJ3Q0 Gov. Agency Debenture 2.88% 8/28/2019 1,500,000.00 1,587,503.75 87,503.75 12/21/2023 2.12% $ 164,473.96 $ 87,804.46 $ 10,897.27 US Treasury 912828V23 US Treasury Note 2.25% 11/29/2021 1,000,000.00 1,032,933.04 32,933.04 12/31/2023 0.66% $ 46,956.52 $ 10,649.43 $ 3,390.13 US Treasury 91282CBE0 US Treasury Note 0.13% 9/15/2021 650,000.00 647,615.46 (2,384.54) 1/15/2024 0.28% $ 1,894.37 $ 3,281.18 $ 999.93 US Treasury 91282CBE0_2 US Treasury Note 0.13% 10/7/2021 1,000,000.00 994,768.98 (5,231.02) 1/15/2024 0.36% $ 2,839.67 $ 6,137.79 $ 1,935.69 FFCB 3133EKMX1 Gov. Agency Debenture 2.23% 8/2/2019 1,000,000.00 1,014,400.00 14,400.00 2/23/2024 1.90% $ 107,225.83 $ 74,902.07 $ 12,483.68 US Bancorp 91159HHV5 Corporate Bond 3.38% 12/24/2019 1,000,000.00 1,049,040.00 49,040.00 2/5/2024 2.12% $ 138,843.75 $ 76,859.43 $ 13,169.06 JP Morgan Chase 46625HJT8 Corporate Bond 3.88% 9/23/2019 1,400,000.00 1,485,414.00 85,414.00 2/1/2024 2.39% $ 236,288.89 $ 130,689.90 $ 20,515.28 FHLB 3130ALH98 Gov. Agency Debenture 0.25% 2/26/2021 1,000,000.00 997,610.00 (2,390.00) 2/26/2024 0.33% $ 7,500.00 $ 7,713.30 $ 2,176.70 FFCB 3133EMBE1 Gov. Agency Debenture 0.30% 10/8/2020 1,600,000.00 1,598,000.00 (2,000.00) 3/28/2024 0.34% $ 16,653.34 $ 14,655.57 $ 4,006.35 Total Investments "Matured" $ 92,265.50
Total Interest FY 23_24 Matured and Current $ 1,487,336.38 Maturity Profile Amount Percent
0-1 year $ 27,366,061.47 41%
1-2 years $11,175,814.93 17%
2-3 years $7,929,869.32 12%
3-5 years $ 19,484,852.37 30%
$65,956,598.09 100%
Town of Los Gatos
Investment Schedule
March 31, 2024
5

ITEM NO. 5.

Date Cusip/Id Description Transaction Type
Settlement
Date Par Coupon
Maturity
Date Price Principal Interest
Transaction
Total
3/1/2024 194162AR4
COLGATE-PALMOLIVE CO 4.6%
01MAR2028 (CALLABLE 01FEB28) BOND INTEREST 3/1/2024 500,000 4.600% 3/1/2028 - - 11,500.00 11,500.00 3/1/2024 3133EPUW3
FEDERAL FARM CREDIT BANK 4.75%
01SEP2026 BOND INTEREST 3/1/2024 1,000,000 4.750% 9/1/2026 - - 23,750.00 23,750.00 3/4/2024 Cash-USD Cash-USD

SHORT TERM INVESTMENT
FUND INCOME 3/4/2024 602.92 0.000% 100.00 - - 602.92
3/11/2024 3133EKQA7
FEDERAL FARM CREDIT BANK 2.08%
10SEP2024 BOND INTEREST 3/10/2024 1,000,000 2.080% 9/10/2024 - - 10,400.00 10,400.00 3/12/2024 037833DB3
APPLE INC 2.9% 12SEP2027
(CALLABLE 12JUN27) BOND INTEREST 3/12/2024 1,300,000 2.900% 9/12/2027 - - 18,850.00 18,850.00 3/13/2024 3130AXB31
FEDERAL HOME LOAN BANK 4.875%
13MAR2026 BOND INTEREST 3/13/2024 1,000,000 4.875% 3/13/2026 - - 23,562.50 23,562.50 3/25/2024 3137EAEX3 FREDDIE MAC 0.375% 23SEP2025 BOND INTEREST 3/23/2024 750,000 0.375% 9/23/2025 - - 1,406.25 1,406.25 3/25/2024 3135G0Q22 FANNIE MAE 1.875% 24SEP2026 BOND INTEREST 3/24/2024 900,000 1.875% 9/24/2026 - - 8,437.50 8,437.50 3/28/2024 3133EP5U5
FEDERAL FARM CREDIT BANK 4.125%
20MAR2029 PURCHASE 3/28/2024 1,700,000 4.125% 3/20/2029 99.29 1,687,981.00 1,558.33 1,689,539.33 3/28/2024 3133EMBE1
FEDERAL FARM CREDIT BANK 0.3%
28MAR2024 CALLABLE BOND INTEREST 3/28/2024 1,600,000 0.300% 3/28/2024 - - 2,400.00 2,400.00 3/28/2024 3133EMBE1
FEDERAL FARM CREDIT BANK 0.3%
28MAR2024 CALLABLE REDEMPTION 3/28/2024 1,600,000 0.300% 3/28/2024 100.00 1,600,000.00 - 1,600,000.00 Town of Los Gatos
Investment Transaction Detail
March 31, 2024
6

ITEM NO. 5.

Security Description Maturity Date Par/Shares S&P Rating Moody Rating Insight ESG Rating Environment Social Governance IBM CORP 3.0% 15MAY2024 5/15/2024 $ 1,000,000 A- A3 2 1 2 4 CATERPILLAR FIN SERVICES 2.85% 17MAY24 5/17/2024 $ 1,000,000 A A2 4 5 3 4 AMERICAN HONDA FINANCE 2.4% 27JUN2024 6/27/2024 $ 1,000,000 A- A3 3 3 3 3 HONEYWELL INTERNATIONAL 2.3% 15AUG2024 (CALLABLE 15JUL24) 8/15/2024 $ 1,000,000 A A2 4 3 4 4 PEPSICO INC 2.85% 24FEB2026 (CALLABLE 24NOV25) 2/24/2026 $ 1,000,000 A+ A1 2 2 2 3 HOME DEPOT INC. 3% 01APR2026 (CALLABLE 01JAN2026) 4/1/2026 $ 1,000,000 A A2 2 3 2 3 JPMORGAN CHASE & CO 3.2 15JUN2026 (CALLABLE 15MAR26) 6/15/2026 $ 500,000 A- A1 3 1 3 4 APPLE INC. 2.9% 12SEP2027 (CALLABLE 12JUN27) 9/12/2027 $ 1,300,000 AA+ Aaa 4 1 4 5 TOYOTA MOTOR CREDIT CORP 5.45% 10NOV2027 11/10/2027 $ 1,600,000 A+ A1 4 2 3 4 AMERICAN HONDA FINANCE 4.7% 12JAN2028 1/12/2028 $ 600,000 A- A3 3 3 3 3 PNC BANK NA 3.25% 22JAN2028 (CALLABLE 01 FEB28) 1/22/2028 $ 1,000,000 A A2 3 2 3 3 COLGATE-PALMOLIVE CO 4.6% 01MAR2028 (CALLABLE 01FEB28) 3/1/2028 $ 500,000 AA- Aa3 3 2 3 3 US BANCORP 4.548% 22JUL2028 (CALLABLE 22JUL27) 7/222028 $ 1,000,000 A A3 3 3 4 3 JPMORGAN CHASE & CO 4.851% 25JUL2028 (CALLABLE 25JUL28) 7/25/2028 $ 1,400,000 A- A1 3 1 3 4 Total/Average $ 13,900,000 3.1 2.3 2.9 3.6
*ESG ratings are from 1 to 5, with 1 as the highest rating and 5 as the lowest. All ratings are weighted by industry rankings, based on the importance of the category within the individual industry.

Town of Los Gatos
Insight ESG Ratings as of March 31, 2024
7

ITEM NO. 5.

Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure
Transfer
In Transfer Out

GENERAL FUND
Non-Spendable:

Loans Receivable 159,000 - - - - - 159,000
Restricted Fund Balances:

Pension 1,400,163 - - - - - 1,400,163
Land Held for Resale 44,338 - - - - - 44,338
Committed Fund Balances:

Budget Stabilization 6,129,774 - - - - - 6,129,774
Catastrophic 6,129,775 - - - - - 6,129,775
Pension/OPEB 300,000 - - - - - 300,000
Measure G District Sales Tax 590,581 - - - - - 590,581
Assigned Fund Balances:

Open Space 410,000 - - - - - 410,000
Sustainability 140,553 - - - - - 140,553
Capital/Special Projects 10,359,577 - - - - - 10,359,577 Carryover Encumbrances 37,698 - - - - - 37,698
Compensated Absences 1,580,623 - - - - - 1,580,623
ERAF Risk Reserve 689,608 - - - - - 689,608
Council Priorities - Economic Recovery 1,556,614 - - - - - 1,556,614 Unassigned Fund Balances:
111 Other Unassigned Fund Balance Reserve (Pre YE distribution) - (964,810) 4,006,016 (4,009,957) - - (968,751) General Fund Total 29,528,304 (964,810) 4,006,016 (4,009,957) - - 28,559,553 * Interfund transfers and ARPA funding allocation to be performed as part of the fiscal year end closing entries.

Mar 2024
Prior Year
Carryforward
7/1/2023
Increase/
(Decrease)
July - Feb
Estimated Fund
Balance
3/31/2024*
8

ITEM NO. 5.

Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure Transfer In Transfer Out

SPECIAL REVENUE
211/212 CDBG 166,653 - - - - - 166,653
222 Urban Runoff (NPDES) 629,843 50,593 29,996 (17,874) - - 692,558 231-236 Landscape & Lighting Districts 176,964 2,564 - (672) - - 178,856 251 Los Gatos Theatre 74,991 37,607 9,830 (194) - - 122,234 711-716 Library Trusts 530,173 70,432 - (5,148) - - 595,457 Special Revenue Total 1,578,624 161,196 39,826 (23,888) - - 1,755,758

CAPITAL PROJECTS
411 GFAR - General Fund Appropriated Reserve 21,725,837 (1,399,369) 87,279 (186,014) - - 20,227,733 412 Community Center Development - 866,281 - - - - 866,281 421 Grant Funded Projects (406,890) 35,775 - (232,742) - - (603,857) 461-463 Storm Basin Projects 3,218,331 167,517 3,952 - - - 3,389,800 471 Traffic Mitigation Projects 431,079 - - - - - 431,079 472 Utility Undergrounding Projects 3,438,996 20,806 794 - - - 3,460,596 481 Gas Tax Projects 1,671,245 (491,746) 136,769 - - - 1,316,268 Capital Projects Total 30,078,598 (800,736) 228,794 (418,756) - - 29,087,900

INTERNAL SERVICE FUNDS
611 Town General Liability 212,022 3,189 - (18,165) - - 197,046 612 Workers Compensation 514,813 (517,420) 17,333 (66,412) - - (51,686) 621 Information Technology 2,474,618 (153,622) 165,303 (23,629) - - 2,462,670 631 Vehicle & Equipment Replacement 2,413,719 466,319 256,685 - - - 3,136,723 633 Facility Maintenance 927,700 55,580 235,808 (65,513) - - 1,153,575 Internal Service Funds Total 6,542,872 (145,954) 675,129 (173,719) - - 6,898,328 Trust/Agency
942 RDA Successor Agency (6,187,789) (1,665,816) (117) - - (7,853,722) Trust/Agency Fund Total (6,187,789) (1,665,816) - (117) - - (7,853,722) Total Town 61,540,609 4,949,765 (4,626,437) - - 58,447,817 * Interfund transfers and ARPA funding allocation to be performed as part of the fiscal year end closing entries.

Deposit Accounts of Interest:
111-23541 General Plan Update deposit account balance $697,897.51 111-23521 BMP Housing deposit account balance $4,021,280.60 Prior Year
Carryforward
7/1/2023
Increase/
(Decrease)
July - Feb
Mar 2024
Estimated Fund
Balance
3/31/2024*
9

ITEM NO. 5.

PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 05/21/2024
DATE: May 16, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Staff Recommends that the Town Council:
a. Adopt a Resolution Approving the Engineer’s Report for all Landscape and Lighting Districts for FY 2024/25.
b. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Blackwell Drive Benefit Zone.
c. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Kennedy Meadows Benefit Zone.
d. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Santa Rosa Heights Benefit Zone.
e. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Vasona Heights Benefit Zone.
f. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Hillbrook Drive Benefit Zone.
g. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 2-Gemini Court Benefit Zone.
h. Set June 18, 2024 as the Date for the Public Hearing for the Levy and Collection of Assessments.

ITEM NO. 6.

PAGE 2 OF 4
SUBJECT: Landscape and Lighting Assessment Districts 1 & 2 DATE: May 16, 2024
RECOMMENDATION:

Staff recommends that the Town Council:
i. Adopt a Resolution (Attachment 1) approving the Engineer’s Report for all Landscape and Lighting Districts (Attachment 8) for FY 2024/25.
j. Adopt a Resolution (Attachment 2) of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Blackwell Drive Benefit Zone. k. Adopt a Resolution (Attachment 3) of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Kennedy Meadows Benefit Zone. l. Adopt a Resolution (Attachment 4) of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Santa Rosa Heights Benefit Zone. m. Adopt a Resolution (Attachment 5) of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Vasona Heights Benefit Zone. n. Adopt a Resolution (Attachment 6) of intention to order the levy and collection of assessments for Landscape and Lighting District No. 1-Hillbrook Drive Benefit Zone. o. Adopt a Resolution (Attachment 7) of intention to order the levy and collection of assessments for Landscape and Lighting District No. 2-Gemini Court Benefit Zone. p. Set June 18, 2024 as the date for the public hearing to hear and consider and consider protests for the levy and collection of assessments.

BACKGROUND:

On April 16, 2024, the Town Council adopted a Resolution 2024-14 (Attachment 9) Describing Improvements and Directing the Preparation of the Engineer’s Report for Fiscal Year (FY) 2024/25 for Landscape and Lighting Assessment Districts No. 1 and 2.

DISCUSSION:

In accordance with the adopted Resolution and pursuant to the requirements of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500), the Engineer’s Report (Attachment 8) contains the following information:

1. Plans and specifications for the maintenance of the existing improvements and for proposed new improvements, if any, to be made within the Assessment Districts or within any zones thereof.

2. An estimate of the costs of said proposed new improvements, if any, to be made along with the costs of maintenance or servicing, or both, thereof, and of any existing improvements, together with the incidental expenses in connection therewith.

ITEM NO. 6.

PAGE 3 OF 4
SUBJECT: Landscape and Lighting Assessment Districts 1 & 2 DATE: May 16, 2024
DISCUSSION (continued):

3. A diagram showing the exterior boundaries of the Assessment Districts and of any zones within said Districts and the lines and dimensions of each lot or parcel of land within the Districts as such lot or parcel of land is shown on the County Assessor’s map for the fiscal year to which the report applies, each of which lots or parcels of land shall be identified by a distinctive number or letter on the said diagram.

4. A proposed assessment of the total amount of the estimated costs and expenses of the maintenance activities and proposed new improvements, if any, upon the several lots or parcels of land in said Districts in proportion to the estimated particular and distinct benefits to be received by each of such lots or parcels of land, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto.

The recommended actions would maintain the assessments at each of the benefit zones at the current level, with no additions or reductions as these funding levels are appropriate to address regular ongoing maintenance as well as capital maintenance as needed.

The Council may also direct that modifications be made to the Engineer’s Report if it so desires.

After Council’s consideration and adoption of the Resolutions Approving the FY 2024/25 Preliminary Engineer’s Report (Attachment 1), Intentions to Levy and Collect Assessments (Attachments 2 through 7), and setting the date and time for the public hearing for June 18, 2024, Town staff will mail a Notice of Intention to Levy Annual Assessments for FY 2024/25 to all property owners, which will include the public hearing date, time, and location.

Persons wishing to protest the levy and collection of assessments may do so by submitting/mailing the protest to the Town Clerk, 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk - [email protected]; or attending the public hearing. Any written protest must be received by the Town Clerk no later than the public hearing of June 18, 2024, as described above.

Protests must identify the grounds for the protest, the person filing the protest, and the property owned by the person filing the protest.

At the conclusion of the public hearing, the Town staff will transmit the assessment amounts to the County Assessor which will appear as a separate item on the property tax bill for each parcel.

ITEM NO. 6.

PAGE 4 OF 4
SUBJECT: Landscape and Lighting Assessment Districts 1 & 2 DATE: May 16, 2024
CONCLUSION:

Staff recommends that the Town Council adopt the attached seven resolutions to continue the annual process of renewing the Landscape and Lighting Assessment Districts 1 & 2 for FY 2024/25. If the Town Council approves these actions, staff will mail Notices of Intention to Levy Annual Assessments for FY 2024/25 to all property owners within the districts prior to the public hearing in June.

FISCAL IMPACT:

There are no direct fiscal impacts on the Town's General Fund as a result of administering the Landscape and Lighting Assessment Districts. All of the costs associated with the Districts are recovered via the assessments levied against the property owners within the Districts. There are no proposed increases in any of the parcel assessments for FY 2024/25 that would require a ballot vote under Proposition 218.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Resolution Approving Engineer’s Report for all Landscape and Lighting Districts for FY 2024/25

2. Resolution of Intention to Order the Levy and Collection of Assessments - Blackwell Drive Benefit Zone

3. Resolution of Intention to Order the Levy and Collection of Assessments – Kennedy Meadows Benefit Zone

4. Resolution of Intention to Order the Levy and Collection of Assessments – Santa Rosa Heights Benefit Zone

5. Resolution of Intention to Order the Levy and Collection of Assessments – Vasona Heights Benefit Zone

6. Resolution of Intention to Order the Levy and Collection of Assessments – Hillbrook Drive Benefit Zone

7. Resolution of Intention to Order the Levy and Collection of Assessments – Gemini Court Benefit Zone

8. Engineer’s Report for FY 2024/25

9. Resolution 2024-14 Describing Improvements and Directing the Preparation of Engineers Report for LLD 1. And 2.

ITEM NO. 6.

Resolution 2024- May 21, 2024
RESOLUTION 2024-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

APPROVING THE ENGINEER'S REPORT FOR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS NO. 1 & 2 FOR FISCAL YEAR 2024/25
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, on the 16 th day of
April 2024, said Council did adopt its Resolution No. 2024-14 “A Resolution Describing Improvements and Directing Preparation of Engineer's Report For Fiscal Year 2024/25 for the Town of Los Gatos Landscape and Lighting Assessment Districts No. 1 & 2,” in said Town and did refer the proposed improvements to the Engineer of the Town and did therein direct said Engineer to prepare and file with the Town Clerk of said Town a report, in writing, all as therein more particularly described; and
WHEREAS, said Town Engineer prepared and filed with the Town Clerk a report in writing as called for in said Resolution No. 2024-14 and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof should be modified in any respect.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. That the plans and specifications for the existing improvements and the proposed new improvements to be made within the assessment districts or within any zone thereof, contained in said report, be, and they are hereby preliminarily approved.

ATTACHMENT 1

ITEM NO. 6.

Resolution 2024- May 21, 2024

2. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance, and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and each of them are hereby preliminarily approved.

3. That the diagram showing the exterior boundaries of the assessment districts referred to and described in said Resolution No. 2024-14 and also the boundaries of any zones therein, and the lines and dimensions of each lot or parcel of land within said districts as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which the report applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is preliminarily approved.

4. That the proposed assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels of land in said assessment districts in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements including the maintenance or servicing or both, thereof, and of the expenses incidental thereto, as contained in said report, be, and they are hereby preliminarily approved.

5. That said report shall stand as the Engineer's Report for the purpose of all subsequent proceedings to be had pursuant to said Resolution No. 2024-14.

ITEM NO. 6.

Resolution 2024- May 21, 2024
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, at a meeting thereof held on the 21st day of May 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. 6.

Resolution 2024- May 21, 2024
RESOLUTION 2024-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS

OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2024/25 IN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1--

BLACKWELL DRIVE BENEFIT ZONE,

AND TO SET PUBLIC MEETING AND PUBLIC HEARING

TO CONSIDER THE PROPOSED ASSESSMENTS
WHEREAS, Landscape and Lighting Assessment District No. 1--Blackwell Drive Benefit Zone is generally located in Tract No. 8306, as generally shown in Part D hereto and generally consists of the following improvements:

Landscaping and appurtenances in the median
island and the streetlights constructed as a part of
Tract No. 8306, Blackwell Drive and National
Avenue.

WHEREAS, on April 16, 2024, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 1--Blackwell Drive Benefit Zone, regarding the improvements in the District and proposed assessment to support those improvements; and
WHEREAS, the Town Engineer has prepared and filed that report; and WHEREAS, the Town Council has considered and approved that report; and WHEREAS, no substantial changes are proposed to be made in the improvements in the District; and
ATTACHMENT 2

ITEM NO. 6.

Resolution 2024- May 21, 2024
WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District and the benefit zones within the District, and the proposed assessments upon assessable lots and parcels of land within the District; and WHEREAS, the Town Council intends to consider levying and collecting assessments upon the assessable lots and parcels of land within the District that are equal to those levied and collected in Fiscal Year 2024/25; and
WHEREAS, the proposed assessment should be set for public hearing in accordance with the Streets and Highways Code,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Town Council will consider the levying and collection of assessment in Landscape and Lighting Assessment District No. 1--Blackwell Drive Benefit Zone at a public hearing Tuesday, June 18, 2024, at 7:00 p.m., in the Council Chambers of the Civic Center, 110 E.

Main Street, Los Gatos, CA, when all interested persons may attend and be heard. This hearing may be continued from time to time.

2. Persons wishing to protest the levy and collection of assessments may do so by mailing the protest to the Town Clerk at 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk – [email protected], or attending the public hearing by teleconference and speaking. Any written protest must be received by the Town Clerk no later than the public hearing of June 18, 2024, as described above.

3. The Town Clerk is ordered to cause notice of the hearing to be published once in the Los Gatos Weekly Times at least 10 days before the public hearing.

ITEM NO. 6.

Resolution 2024- May 21, 2024

4. The Town Clerk is further ordered to cause notice of the public hearing to be mailed to the owners of assessable lots and parcels within the district at least 10 days before the public hearing.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, at a meeting thereof held on the 21st day of May 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. 6.

Resolution 2024- May 21, 2024
RESOLUTION 2024-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS

OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2024/25 IN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1--

KENNEDY MEADOWS BENEFIT ZONE,

AND TO SET PUBLIC MEETING AND PUBLIC HEARING

TO CONSIDER THE PROPOSED ASSESSMENTS
WHEREAS, Landscape and Lighting Assessment District No. 1--Kennedy Meadows Benefit Zone is generally located in Tract No. 8612, as generally shown in Part D hereto and generally consists of the following improvements:

The maintenance of trees, landscaping, irrigation systems, trail and streetlights within open space areas (Parcels A and B) and along Kennedy Court and Forrester Court, as shown on the approved improvement for Tract No. 8612, Los Gatos, California and the riparian and wetlands area described in the report by H.

T. Harvey Associates, dated November 11, 1994.

WHEREAS, on April 16, 2024 the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 1--Kennedy Meadows Benefit Zone, regarding the improvements in the District and proposed assessment to support those improvements; and
WHEREAS, the Town Engineer has prepared and filed that report; and ATTACHMENT 3

ITEM NO. 6.

Resolution 2024- May 21, 2024
WHEREAS, the Town Council has considered and approved that report; and WHEREAS, no substantial changes are proposed to be made in the improvements in the district; and
WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District and the benefit zones within the District, and the proposed assessments upon assessable lots and parcels of land within the District; and WHEREAS, the Town Council intends to consider levying and collecting assessments upon the assessable lots and parcels of land within the District that equal to those levied and collected in Fiscal Year 2024/25; and
WHEREAS, the proposed assessment should be set for public hearing in accordance with the Streets and Highways Code,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Town Council will consider the levying and collection of assessment in Landscape and Lighting Assessment District No. 1— Kennedy Meadows Benefit Zone at a public hearing Tuesday, June 18, 2024, at 7:00 p.m., in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, CA, when all interested persons may attend and be heard. This hearing may be continued from time to time.

2. Persons wishing to protest the levy and collection of assessments may do so by mailing the protest to the Town Clerk at 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk – [email protected], or attending the public hearing by teleconference and speaking. Any written protest must be received by the Town Clerk no later than the public hearing of June 18, 2024, as described above.

ITEM NO. 6.

Resolution 2024- May 21, 2024

3. The Town Clerk is ordered to cause notice of the hearing to be published once in the Los Gatos Weekly Times at least 10 days before the public hearing.

4. The Town Clerk is further ordered to cause notice of the public hearing to be mailed to the owners of assessable lots and parcels within the district at least 10 days before the public hearing.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, at a meeting thereof held on the 21st day of May 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. 6.

Resolution 2024- May 21, 2024
RESOLUTION 2024-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS

OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2024/25 IN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1--

SANTA ROSA HEIGHTS BENEFIT ZONE,

AND TO SET PUBLIC MEETING AND PUBLIC HEARING

TO CONSIDER THE PROPOSED ASSESSMENTS
WHEREAS, Landscape and Lighting Assessment District No. 1--Santa Rosa Heights Benefit Zone is generally located in Tract No. 8400, as generally shown in Part D hereto and generally consists of the following improvements:

Open space and a maintained trail constructed as a
part of Tract No. 8400, Santa Rosa Drive and
Shannon Road.

WHEREAS, on April 16, 2024, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 1--Santa Rosa Heights Benefit Zone, regarding the improvements in the District and proposed assessment to support those improvements; and
WHEREAS, the Town Engineer has prepared and filed that report; and WHEREAS, the Town Council has considered and approved that report; and WHEREAS, no substantial changes are proposed to be made in the improvements in the District; and
ATTACHMENT 4

ITEM NO. 6.

Resolution 2024- May 21, 2024
WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District and the benefit zones within the District, and the proposed assessments upon assessable lots and parcels of land within the District; and WHEREAS, the Town Council intends to consider levying and collecting assessments upon the assessable lots and parcels of land within the District that are equal to those levied and collected in Fiscal Year 2024/25; and
WHEREAS, the proposed assessment should be set for public hearing in accordance with the Streets and Highways Code,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Town Council will consider the levying and collection of assessment in Landscape and Lighting Assessment District No. 1-- Santa Rosa Heights Benefit Zone at a public hearing Tuesday, June 18, 2024, at 7:00 p.m., in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, CA, when all interested persons may attend and be heard. This hearing may be continued from time to time.

2. Persons wishing to protest the levy and collection of assessments may do so by mailing the protest to the Town Clerk at 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk – [email protected], or attending the public hearing by teleconference and speaking. Any written protest must be received by the Town Clerk no later than the public hearing of June 18, 2024, as described above.

3. The Town Clerk is ordered to cause notice of the hearing to be published once in the Los Gatos Weekly Times at least 10 days before the public hearing.

4. The Town Clerk is further ordered to cause notice of the public hearing to be

ITEM NO. 6.

Resolution 2024- May 21, 2024
mailed to the owners of assessable lots and parcels within the district at least 10 days before the public hearing.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, at a meeting thereof held on the 21st day of May 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. 6.

Resolution 2024- May 21, 2024
RESOLUTION 2024-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS

OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2024/25 IN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1--

VASONA HEIGHTS BENEFIT ZONE,

AND TO SET PUBLIC MEETING AND PUBLIC HEARING

TO CONSIDER THE PROPOSED ASSESSMENTS
WHEREAS, Landscape and Lighting Assessment District No. 1--Vasona Heights Benefit Zone is generally located in Tract No. 8280, as generally shown in Part D hereto and generally consists of the following improvements:

The maintenance of trees, landscaping, irrigation systems, trail, emergency access, and retaining wall within open space areas, as shown on the approved improvement for Tract No. 8280, Los Gatos, California.

WHEREAS, on April 16, 2024, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 1--Vasona Heights Benefit Zone, regarding the improvements in the District and proposed assessment to support those improvements; and
WHEREAS, the Town Engineer has prepared and filed that report; and WHEREAS, the Town Council has considered and approved that report; and WHEREAS, no substantial changes are proposed to be made in the improvements in the District; and
ATTACHMENT 5

ITEM NO. 6.

Resolution 2024- May 21, 2024
WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District and the benefit zones within the District, and the proposed assessments upon assessable lots and parcels of land within the District; and WHEREAS, the Town Council intends to consider levying and collecting assessments upon the assessable lots and parcels of land within the District that are equal to those levied and collected in Fiscal Year 2024/25; and
WHEREAS, the proposed assessment should be set for public hearing in accordance with the Streets and Highways Code,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Town Council will consider the levying and collection of assessment in Landscape and Lighting Assessment District No. 1--Vasona Heights Benefit Zone at a public hearing Tuesday, June 18, 2024, at 7:00 p.m., in the Council Chambers of the Civic Center, 110 E.

Main Street, Los Gatos, CA, when all interested persons may come and be heard. This hearing may be continued from time to time.

2. Persons wishing to protest the levy and collection of assessments may do so by mailing the protest to the Town Clerk at 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk – [email protected], or attending the public hearing by teleconference and speaking. Any written protest must be received by the Town Clerk no later than the public hearing of June 18, 2024, as described above.

3. The Town Clerk is ordered to cause notice of the hearing to be published once in the Los Gatos Weekly Times at least 10 days before the public hearing.

ITEM NO. 6.

Resolution 2024- May 21, 2024

4. The Town Clerk is further ordered to cause notice of the public hearing to be mailed to the owners of assessable lots and parcels within the district at least 10 days before the public hearing.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, at a meeting thereof held on the 21st day of May 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. 6.

Resolution 2024- May 21, 2024
RESOLUTION 2024-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS

OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2024/25 IN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1--

HILLBROOK BENEFIT ZONE

AND TO SET PUBLIC HEARING CONSIDERING

THE PROPOSED ASSESSMENTS
WHEREAS, Landscape and Lighting Assessment District No. 1--Hillbrook Benefit Zone is generally located along Fairmead Lane and Hillbrook Drive, as generally shown in Part D hereto and generally consists of the following improvements:

Landscaping, turf, lighting and appurtenances on Assessor's Parcel Number 523-11-028, located at the southeast corner of Blossom Hill Road and Hillbrook Drive.

WHEREAS, on April 16, 2024, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 1--Hillbrook Benefit Zone, regarding the improvements in the District and proposed assessment to support those improvements; and
WHEREAS, the Town Engineer has prepared and filed that report; and WHEREAS, the Town Council has considered and approved that report; and WHEREAS, no substantial changes are proposed to be made in the improvements in the District; and
ATTACHMENT 6

ITEM NO. 6.

Resolution 2024- May 21, 2024
WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District; and
WHEREAS, the Town Council intends to consider levying and collecting assessments upon the assessable lots and parcels of land within the District that are equal to those levied and collected in Fiscal Year 2024/25; and
WHEREAS, this proposed assessment should be set for public hearing in accordance with the Streets and Highways Code,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Town Council will consider the levying and collection of assessment in Landscape and Lighting Assessment District No. 1--Hillbrook Benefit Zone at a public hearing Tuesday, June 18, 2024, at 7:00 p.m., in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, CA, when all interested persons may come and be heard. This hearing may be continued from time to time.

2. Persons wishing to protest the levy and collection of assessments may do so by mailing the protest to the Town Clerk at 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk – [email protected], or attending the public hearing by teleconference and speaking. Any written protest must be received by the Town Clerk no later than the public hearing of June 18, 2024, as described above.

3. The Town Clerk is ordered to cause notice of the hearing to be published once in the Los Gatos Weekly Times at least 10 days before the public hearing.

ITEM NO. 6.

Resolution 2024- May 21, 2024

4. The Town Clerk is further ordered to cause notice of the public hearing to be mailed to the owners of assessable lots and parcels within the district at least 10 days before the public hearing.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, at a meeting thereof held on the 21st day of May 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. 6.

Resolution 2024- May 21, 2024
RESOLUTION 2024-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS

OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 2024/25 IN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 2--

GEMINI COURT BENEFIT ZONE,

AND TO SET PUBLIC MEETING AND PUBLIC HEARING

TO CONSIDER THE PROPOSED ASSESSMENTS
WHEREAS, Landscape and Lighting Assessment District No. 2--Gemini Court Benefit Zone is generally located in Tract No. 8439, as generally shown in Part D hereto and generally consists of the following improvements:

Landscaping and appurtenances in the landscape strips and the streetlights constructed as a part of Tract No. 8439, Gemini Court and Blossom Hill Road.

WHEREAS, on April 16, 2024, the Town Council ordered the Town Engineer to prepare and file a report regarding Landscape and Lighting Assessment District No. 2--Gemini Court Benefit Zone, regarding the improvements in the District and proposed assessment to support those improvements; and
WHEREAS, the Town Engineer has prepared and filed that report; and WHEREAS, the Town Council has considered and approved that report; and WHEREAS, no substantial changes are proposed to be made in the improvements in the District; and
ATTACHMENT 7

ITEM NO. 6.

Resolution 2024- May 21, 2024
WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District and the benefit zones within the District, and the proposed assessments upon assessable lots and parcels of land within the District; and WHEREAS, the Town Council intends to consider levying and collecting assessments upon the assessable lots and parcels of land within the District that are equal to those levied and collected in Fiscal Year 2024/25; and
WHEREAS, the proposed assessment should be set for public hearing in accordance with the Streets and Highways Code,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Town Council will consider the levying and collection of assessment in Landscape and Lighting Assessment District No. 2--Gemini Court Benefit Zone at a public hearing Tuesday, June 18, 2024, at 7:00 p.m., in the Council Chambers of the Civic Center, 110 E.

Main Street, Los Gatos, CA, when all interested persons may come and be heard. This hearing may be continued from time to time.

2. Persons wishing to protest the levy and collection of assessments may do so by mailing the protest to the Town Clerk at 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk – [email protected], or attending the public hearing by teleconference and speaking. Any written protest must be received by the Town Clerk no later than the public hearing of June 18, 2024, as described above.

3. The Town Clerk is ordered to cause notice of the hearing to be published once in the Los Gatos Weekly Times at least 10 days before the public hearing.

ITEM NO. 6.

Resolution 2024- May 21, 2024

4. The Town Clerk is further ordered to cause notice of the public hearing to be mailed to the owners of assessable lots and parcels within the district at least 10 days before the public hearing.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, at a meeting thereof held on the 21st day of May 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. 6.

Landscape and Lighting
Assessment Districts No. 1 and 2
Fiscal Year
2024/25

ENGINEER'S REPORT
ATTACHMENT 8

ITEM NO. 6.

ENGINEER'S REPORT

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 1 AND 2
(Pursuant to the Landscape and Lighting Act of 1972)
The Engineer of Work respectfully submits the enclosed report as directed by the Town Council.
__ May 6, 2024

GARY HEAP DATE
Town Engineer
I HEREBY CERTIFY that the enclosed Engineer's Report, with Assessment and Assessment Diagram thereto attached was filed with me on the _______ day of ________, 2024.

TOWN CLERK, Town of Los Gatos
Santa Clara County, California
I HEREBY CERTIFY that the enclosed Engineer's Report, with Assessment and Assessment Diagram thereto attached, was approved and confirmed by the Town Council of the Town of Los Gatos, California on the 21st day of May 2024, by Resolution No. 2024-

TOWN CLERK, Town of Los Gatos
Santa Clara County, California
I HEREBY CERTIFY that the enclosed Engineer's Report, with Assessment and Assessment Diagram thereto attached was filed with the County Assessor of the County of Santa Clara on the day of , 2024.
6th May

ITEM NO. 6.

Landscape and Lighting
Assessment District No. 1

BLACKWELL DRIVE

BENEFIT ZONE
Fiscal Year
2024/25

ENGINEER'S REPORT

ITEM NO. 6.

ENGINEER'S REPORT
FISCAL YEAR 2024/25
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)

BLACKWELL DRIVE BENEFIT ZONE
WooJae Kim, Town Engineer for Landscape and Lighting Assessment District No. 1, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).

The improvements that are the subject of this report are briefly described as follows:

Maintaining the landscaping in the median island constructed as a part of Tract No. 8306 and maintaining the streetlights installed along Blackwell Drive and National Avenue as a part of Tract No. 8306.

This report consists of four parts, as follows:

PART A: Plans and specifications for the improvements are filed in the Clerk Department.

Although separately bound, the plans and specifications are a part of this report and are included in it by reference.

PART B: An estimate of the cost of the improvements.

PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the proposed assessment against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Town Clerk.

PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.

Respectfully submitted,
May 6, 2024

GARY HEAP DATE
Town Engineer
Type text here

ITEM NO. 6.

PART A
FISCAL YEAR 2024/25

PLANS, SPECIFICATIONS AND REPORTS

BLACKWELL DRIVE BENEFIT ZONE
Plans and specifications for the improvements are those prepared by Greg G. Ing, and Associates, dated February 16, 1990. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference.

ITEM NO. 6.

Fiscal Year 2022/23 Resources
Fund Balance 6/30/22 $ 13,741
Assessment 3,160
Delinquent Assessment 0
Penalties/Late Fees 0
Interest 243
Total Resources Available for FY 2022/23 $ 17,143
Fiscal Year 2022/23 Expenses
Santa Clara County Collection Fee $ 32
Publication & Notification Charges 476
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 681
Landscape Contractor 1,340
Town Administrative Charges 460
Total Expenses for FY 2022/23 $ 2,988
Ending Fund Balance for FY 2022/23 $ 14,155
Fiscal Year 2023/24 Estimated Resources
Fund Balance 6/30/23 $ 14,155
Assessment 3,160
Interest 50
Total Estimated Resources Available for FY 2023/24 $ 17,365 Fiscal Year 2023/24 Estimated Expenses
Santa Clara County Collection Fee $ 32
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 910
Landscape Contractor 1,742
District Capital Improvement 0
Town Administrative Charges 460
Total Estimated Expenses for FY 2023/24 $ 3,444
Estimated Ending Fund Balance for FY 2023/24 $ 13,921
PART B

ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2023/24

BLACKWELL DRIVE BENEFIT ZONE

ITEM NO. 6.

PART C

ASSESSMENT ROLL
FISCAL YEAR 2024/25

BLACKWELL DRIVE BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $632 424-12-123
Lot 2 $632 424-12-124
Lot 3 $632 424-12-125
Lot 4 $632 424-12-126
Lot 5 $632 424-12-127
Total Assessment: $3,160
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.

METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within the Blackwell Drive Benefit Zone of Landscape and Lighting Assessment District No. 1.

ITEM NO. 6.

BLACKWELL DRIVE BENEFIT ZONE

PROPERTY OWNERS LIST
APN
42412123
42412124
42412125
42412126
42412127

ITEM NO. 6.

ITEM NO. 6.

Landscape and Lighting
Assessment District No. 1

KENNEDY MEADOWS

BENEFIT ZONE
Fiscal Year
2024/25

ENGINEER'S REPORT

ITEM NO. 6.

ENGINEER'S REPORT
FISCAL YEAR 2024/25
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)

KENNEDY MEADOWS BENEFIT ZONE
WooJae Kim, Town Engineer for Landscape and Lighting Assessment District No. 1--Kennedy Meadows Benefit Zone, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).

The improvements that are the subject of this report are briefly described as follows:

The maintenance of trees, landscaping, irrigation systems, trail, and streetlights within open space areas (Parcels A and B) and along Kennedy Court and Forrester Court, as shown on the approved improvement for Tract No. 8612, Los Gatos, California and the riparian and wetlands area described in the report by H. T. Harvey Associates, dated November 11, 1994.

This report consists of four parts, as follows:

PART A: Plans and specifications for the improvements and the report by H. T. Harvey Associates are filed in the Clerk Department. Although separately bound, the plans, specifications and H.T. Harvey report are a part of this report and are included in it by reference.

PART B: An estimate of the cost of the improvements, including interest on the funds advanced to the benefit zone by the Town.

PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the amount proposed to be assessed against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Town Clerk.

PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.

Respectfully submitted,
May 6, 2024

GARY HEAP DATE
Town Engineer

ITEM NO. 6.

PART A
FISCAL YEAR 2024/25

PLANS, SPECIFICATIONS AND REPORTS

KENNEDY MEADOWS BENEFIT ZONE
Plans and specifications for the improvements are those prepared by Nowack and Associates, Civil Engineers, dated September 21, 1994, their job number 90-263C, pages 1 - 11. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference.

The wetlands mitigation and monitoring plan was prepared by H.T. Harvey & Associates, Ecological Consultants, dated November 11, 1994, their file number 733-04, 11 pages. A revised wetlands mitigation plan is contained in a letter to the U.S. Army Corp of Engineers and California Regional Water Quality Control Board dated August 30, 1995 and as-built plans in a letter dated February 21, 1995. The original report and letters have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in this Report by reference.

ITEM NO. 6.

Fiscal Year 2022/23 Resources
Fund Balance 6/30/22 $ 21,341
Assessment 10,344
Delinquent Assessment 0
Penalties/Late Fees 0
Interest 367
Total Resources Available for FY 2022/23 $ 32,051
Fiscal Year 2022/23 Expenses
Santa Clara County Collection Fee $ 103
Publication & Notification Charges 496
Light Pole Maintenance 0
Weed Abatement 0
Electric Utility 0
San Jose Water 2,049
Landscape Contractor 7,956
Town Administrative Charges 1,510
Improvements (Trail) 0
Total Expenses for FY 2022/23 $ 12,113
Ending Fund Balance for FY 2022/23 $ 19,938
Fiscal Year 2023/24 Estimated Resources
Fund Balance 6/30/23 $ 19,938
Assessment 10,275
Interest 330
Total Estimated Resources Available for FY 2023/24 $ 30,543 Fiscal Year 2023/24 Estimated Expenses
Santa Clara County Collection Fee $ 103
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 1,000
Landscape Contractor 11,882
District Capital Improvements 0
Town Administrative Charges 1,510
Total Estimated Expenses for FY 2023/24 $ 14,795
Estimated Ending Fund Balance for FY 2023/24 $ 15,748
PART B

ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2023/24

KENNEDY MEADOWS BENEFIT ZONE

ITEM NO. 6.

PART C

ASSESSMENT ROLL
FISCAL YEAR 2024/25

KENNEDY MEADOWS BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $685.00 532-18-050
Lot 2 $685.00 532-18-049
Lot 3 $685.00 532-18-048
Lot 4 $685.00 532-18-047
Lot 5 $685.00 532-18-052
Lot 6 $685.00 532-18-063
Lot 7 $685.00 532-18-062
Lot 8 $685.00 532-18-061
Lot 9 $685.00 532-18-060
Lot 10 $685.00 532-18-059
Lot 11 $685.00 532-18-058
Lot 12 $685.00 532-18-057
Lot 13 $685.00 532-18-056
Lot 14 $685.00 532-18-055
Lot 15 $685.00 532-18-054
Total Assessment: $10,275
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.

METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within Kennedy Meadows Benefit Zone of Landscape and Lighting Assessment District No. 1.

ITEM NO. 6.

KENNEDY MEADOWS BENEFIT ZONE

PROPERTY OWNERS LIST
APN
53218047
53218048
53218049
53218050
53218052
53218054
53218055
53218056
53218057
53218058
53218059
53218060
53218061
53218062
53218063

ITEM NO. 6.

ITEM NO. 6.

Landscape and Lighting
Assessment District No. 1

SANTA ROSA HEIGHTS

BENEFIT ZONE
Fiscal Year
2024/25

ENGINEER'S REPORT

ITEM NO. 6.

ENGINEER'S REPORT
FISCAL YEAR 2024/25
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)

SANTA ROSA HEIGHTS BENEFIT ZONE
WooJae Kim, Town Engineer for Landscape and Lighting Assessment District No. 1--Santa Rosa Heights Benefit Zone, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).

The improvements that are the subject of this report are briefly described as follows:

The maintenance of trees, landscaping, trail and retaining walls, as shown on the approved improvement plans for Tract No. 8400, Los Gatos, California.

This report consists of four parts, as follows:

PART A: Plans and specifications for the improvements are filed in the Clerk Department.

Although separately bound, the plans and specifications are a part of this report and are included in it by reference.

PART B: An estimate of the cost of the improvements.

PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the amount proposed to be assessed against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Town Clerk.

PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.

Respectfully submitted,
May 6, 2024

GARY HEAP DATE
Town Engineer
Type text here

ITEM NO. 6.

PART A
FISCAL YEAR 2024/25

PLANS, SPECIFICATIONS AND REPORTS

SANTA ROSA HEIGHTS BENEFIT ZONE
Plans and specifications for the improvements are those prepared by Nowack & Associates, dated February 1991, their job number 90-295. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference.

ITEM NO. 6.

SANTA ROSA HEIGHTS BENEFIT ZONE
Fiscal Year 2022/23 Resources
Fund Balance 6/30/22 $ 40,708
Assessment 4,545
Delinquent Assessment 0
Penalties/Late Fees 0
Interest 690
Total Resources Available for FY 2022/23 $ 45,942
Fiscal Year 2022/23 Expenses
Santa Clara County Collection Fee $ 45
Publication & Notification Charges 470
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 0
Landscape Contractor 8,398
Town Administrative Charges 660
Total Expenses for FY 2022/23 $ 9,573
Ending Fund Balance for FY 2022/23 $ 36,369
Fiscal Year 2023/24 Estimated Resources
Fund Balance 6/30/23 $ 36,369
Assessment 4,500
Interest 50
Total Estimated Resources Available for FY 2023/24 $ 40,919 Fiscal Year 2023/24 Estimated Expenses
Santa Clara County Collection Fee $ 45
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 0
Landscape Contractor 11,882
Town Administrative Charges 660
District Capital Improvements 0
Total Estimated Expenses for FY 2023/24 $ 12,887
Estimated Ending Fund Balance for FY 2023/24 $ 28,032
PART B

ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2023/24

ITEM NO. 6.

PART C

ASSESSMENT ROLL
FISCAL YEAR 2024/25

SANTA ROSA HEIGHTS BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $300.00 537-31-001
Lot 2 $300.00 537-31-002
Lot 3 $300.00 537-31-003
Lot 4 $300.00 537-31-022
Lot 5 $300.00 537-31-023
Lot 6 $300.00 537-31-006
Lot 7 $300.00 537-31-007
Lot 8 $300.00 537-31-008
Lot 9 $300.00 537-31-009
Lot 10 $300.00 537-31-010
Lot 11 $300.00 537-31-011
Lot 12 $300.00 537-31-012
Lot 13 $300.00 537-31-013
Lot 14 $300.00 537-31-014
Lot 15 $300.00 537-31-015
Total Assessment: $4,500
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.

METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within Santa Rosa Heights Benefit Zone of Landscape and Lighting Assessment District No. 1.

ITEM NO. 6.

SANTA ROSA HEIGHTS BENEFIT ZONE

PROPERTY OWNERS LIST
APN
53731001
53731002
53731003
53731006
53731007
53731008
53731009
53731010
53731011
53731012
53731013
53731014
53731015
53731022
53731023

ITEM NO. 6.

ITEM NO. 6.

Landscaping and Lighting
Assessment District No. 1

VASONA HEIGHTS

BENEFIT ZONE
Fiscal Year
2024/25

ENGINEER'S REPORT

ITEM NO. 6.

ENGINEER'S REPORT
FISCAL YEAR 2024/25
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)

VASONA HEIGHTS BENEFIT ZONE
WooJae Kim, Town Engineer for Landscaping and Lighting Assessment District No. 1--Vasona Heights Benefit Zone, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).

The improvements that are the subject of this report are briefly described as follows:

The maintenance of trees, landscaping, irrigation systems, trail, emergency access, and retaining wall within open space areas, as shown on the approved improvement for Tract No. 8280, Los Gatos, California.

This report consists of four parts, as follows:

PART A: Plans and specifications for the improvements are filed in the Clerk Department.

Although separately bound, the plans and specifications are a part of this report and are included in it by reference.

PART B: An estimate of the cost of the improvements.

PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the amount proposed to be assessed against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Town Clerk.

PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.

Respectfully submitted,
May 6, 2024

GARY HEAP DATE
Town Engineer

ITEM NO. 6.

PART A
FISCAL YEAR 2024/25

PLANS, SPECIFICATIONS AND REPORTS

VASONA HEIGHTS BENEFIT ZONE
Plans and specifications for the improvements are those prepared by Dillon/Drulias Associates, Landscape Architects, dated April 16, 1990, their job number 8840, pages L1 - L17 and revised planting and irrigation plans as prepared by Greg Ing and Associates, dated November 3, 1992 and revised November 23, 1993. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference.

ITEM NO. 6.

Fiscal Year 2022/23 Resources
Fund Balance 6/30/22 $ 37,510
Assessment 9,735
Delinquent Assessment 0
Penalties/Late Fees 0
Interest 673
Total Resources Available for FY 2022/23 $ 47,918
Fiscal Year 2022/23 Expenses
Santa Clara County Collection Fee $ 97
Publication & Notification Charges 476
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 1,869
Landscape Contractor 3,781
Town Administrative Charges 1,430
District Capital Improvements 0
Total Expenses for FY 2022/23 $ 7,653
Ending Fund Balance for FY 2022/23 $ 40,265
Fiscal Year 2023/24 Estimated Resources
Fund Balance 6/30/23 $ 40,265
Assessment 9,735
Interest 340
Total Estimated Resources Available for FY 2023/24 $ 50,340 Fiscal Year 2023/24 Estimated Expenses
Santa Clara County Collection Fee $ 97
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 2,319
Landscape Contractor 5,356
Town Administrative Charges 1,430
District Capital Improvements 0
Total Estimated Expenses for FY 2023/24 $ 9,502
Estimated Ending Fund Balance for FY 2023/24 $ 40,838
PART B

ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2023/24

VASONA HEIGHTS BENEFIT ZONE

ITEM NO. 6.

PART C

ASSESSMENT ROLL
FISCAL YEAR 2024/25

VASONA HEIGHTS BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $295.00 529-13-056
Lot 2 $295.00 529-13-055
Lot 3 $295.00 529-13-054
Lot 4 $295.00 529-13-053
Lot 5 $295.00 529-13-052
Lot 6 $295.00 529-13-051
Lot 7 $295.00 529-13-049
Lot 8 $295.00 529-13-048
Lot 9 $295.00 529-13-047
Lot 10 $295.00 529-13-046
Lot 11 $295.00 529-13-044
Lot 12 $295.00 529-13-043
Lot 13 $295.00 529-13-042
Lot 14 $295.00 529-13-041
Lot 15 $295.00 529-13-040
Lot 16 $295.00 529-13-039
Lot 17 $295.00 529-13-038
Lot 18 $295.00 529-13-037
Lot 19 $295.00 529-13-036
Lot 20 $295.00 529-13-035
Lot 21 $295.00 529-13-060
Lot 22 $295.00 529-13-061
Lot 23 $295.00 529-13-032
Lot 24 $295.00 529-13-031
Lot 25 $295.00 529-13-030
Lot 26 $295.00 529-13-029
Lot 27 $295.00 529-13-028
Lot 28 $295.00 529-13-063
Lot 29 $295.00 529-13-062
Lot 30 $295.00 529-13-022
Lot 31 $295.00 529-13-021
Lot 32 $295.00 529-13-058
Lot 33 $295.00 529-13-059
Total Assessment: $9,735.00

ITEM NO. 6.

METHOD OF APPORTIONMENT OF ASSESSMENT
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.

The total amount of the assessment was apportioned equally to all the lots within Vasona Heights Benefit Zone of Landscaping and Lighting Assessment District No. 1.

ITEM NO. 6.

VASONA HEIGHTS BENEFIT ZONE

PROPERTY OWNERS LIST
APN
52913021
52913022
52913028
52913029
52913030
52913031
52913032
52913035
52913036
52913037
52913038
52913039
52913040
52913041
52913042
52913043
52913044
52913046
52913047
52913048
52913049
52913051
52913052
52913053
52913054
52913055
52913056
52913058
52913059
52913060
52913061
52913062
52913063

ITEM NO. 6.

ITEM NO. 6.

Landscape and Lighting
Assessment District No. 1

HILLBROOK

BENEFIT ZONE
Fiscal Year
2024/25

ENGINEER'S REPORT

ITEM NO. 6.

ENGINEER'S REPORT
FISCAL YEAR 2024/25
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)

HILLBROOK BENEFIT ZONE
WooJae Kim, Town Engineer for Landscape and Lighting Assessment District No. 1--Hillbrook Benefit Zone, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).

The improvements that are the subject of this report are briefly described as follows:

The maintenance of trees, landscaping, irrigation systems, hardscape, and fences currently exist on APN: 523-11-028, located at the southeast corner of Blossom Hill Road and Hillbrook Drive, Los Gatos, California.

This report consists of four parts, as follows:

PART A: Diagram of Existing Improvements.

PART B: An estimate of the cost of the improvements.

PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the amount proposed to be assessed against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Town Clerk.

PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.

Respectfully submitted,
May 6, 2024

GARY HEAP DATE
Town Engineer

ITEM NO. 6.

ITEM NO. 6.

HILLBROOK DRIVE BENEFIT ZONE
Fiscal Year 2022/23 Resources
Fund Balance 6/30/22 $ 24,138
Assessment 5,995
Delinquent Assessment 0
Penalties/Late Fees 0
Interest 426
Total Resources Available for FY 2022/23 $ 30,559
Fiscal Year 2022/23 Expenses
Santa Clara County Collection Fee $ 60
Publication & Notification Charges 470
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 2,249
Landscape Contractor 1,254
Town Administrative Charges 250
Total Expenses for FY 2022/23 $ 4,282
Ending Fund Balance for FY 2022/23 $ 26,277
Fiscal Year 2023/24 Estimated Resources
Fund Balance 6/30/23 $ 26,277
Assessment 5,950
Interest 90
Total Estimated Resources Available for FY 2023/24 $ 32,317 Fiscal Year 2023/24 Estimated Expenses
Santa Clara County Collection Fee $ 60
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 2,500
Landscape Contractor 1,794
District Capital Improvements 0
Town Administrative Charges 250
Total Estimated Expenses for FY 2023/24 $ 4,904
Estimated Ending Fund Balance for FY 2023/24 $ 27,413
PART B

ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2023/24

ITEM NO. 6.

PART C

ASSESSMENT ROLL
FISCAL YEAR 2024/25

HILLBROOK BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $175.00 523-11-027
Lot 2 $175.00 523-11-026
Lot 3 $175.00 523-11-025
Lot 4 $175.00 523-11-024
Lot 5 $175.00 523-11-023
Lot 6 $175.00 523-11-022
Lot 7 $175.00 523-11-021
Lot 8 $175.00 523-11-020
Lot 9 $175.00 523-11-019
Lot 10 $175.00 523-11-018
Lot 11 $175.00 523-07-030
Lot 12 $175.00 523-07-029
Lot 13 $175.00 523-07-028
Lot 14 $175.00 523-07-027
Lot 15 $175.00 523-07-026
Lot 16 $175.00 523-07-025
Lot 17 $175.00 523-07-024
Lot 18 $175.00 523-07-023
Lot 19 $175.00 523-07-022
Lot 20 $175.00 523-07-021
Lot 21 $175.00 523-07-020
Lot 22 $175.00 523-07-019
Lot 23 $175.00 523-07-018
Lot 24 $175.00 523-07-017
Lot 25 $175.00 523-07-016
Lot 26 $175.00 523-07-015
Lot 27 $175.00 523-07-014
Lot 28 $175.00 523-07-013
Lot 29 $175.00 523-07-012
Lot 30 $175.00 523-07-011
Lot 31 $175.00 523-07-010
Lot 32 $175.00 523-07-009
Lot 33 $175.00 523-07-008
Lot 34 $175.00 523-07-007
Total Assessment: $5,950

ITEM NO. 6.

ASSESSMENT ROLL
FISCAL YEAR 2024/25

HILLBROOK BENEFIT ZONE
The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.

METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within Landscape and Lighting Assessment District No. 1--Hillbrook Benefit Zone.

ITEM NO. 6.

HILLBROOK BENEFIT ZONE

PROPERTY OWNERS LIST
APN
52307007
52307008
52307009
52307010
52307011
52307012
52307013
52307014
52307015
52307016
52307017
52307018
52307019
52307020
52307021
52307022
52307023
52307024
52307025
52307026
52307027
52307028
52307029
52307030
52311018
52311019
52311020
52311021
52311022
52311023
52311024
52311025
52311026
52311027

ITEM NO. 6.

ITEM NO. 6.

Landscape and Lighting
Assessment District No. 2

GEMINI COURT

BENEFIT ZONE
Fiscal Year
2024/25

ENGINEER'S REPORT

ITEM NO. 6.

ENGINEER'S REPORT
FISCAL YEAR 2024/25
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 2
(Pursuant to the Landscaping and Lighting Act of 1972)

GEMINI COURT BENEFIT ZONE
WooJae Kim, Town Engineer for Landscape and Lighting Assessment District No. 2, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972).

The improvements that are the subject of this report are briefly described as follows:

The maintenance of trees, landscaping, irrigation systems, lighting, sound wall and fences as shown on the approved improvement and landscape plans for Tract No. 8439, Los Gatos, California.

This report consists of four parts, as follows:

PART A: Plans and specifications for the improvements are filed in the Clerk Department.

Although separately bound, the plans and specifications are a part of this report and are included in it by reference.

PART B: An estimate of the cost of the improvements.

PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the proposed assessment against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Clerk Administrator.

PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.

Respectfully submitted,
_______________ May 6, 2024

GARY HEAP DATE
Town Engineer Type text here

ITEM NO. 6.

PART A
FISCAL YEAR 2024/25

PLANS, SPECIFICATIONS AND REPORTS

GEMINI COURT BENEFIT ZONE
Plans and specifications for the improvements are those prepared by Greg G. Ing, and Associates, dated September 14, 1990, their job number 9031. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference.

ITEM NO. 6.

Fiscal Year 2022/23 Resources
Fund Balance 6/30/22 $ 36,800
Assessment 4,382
Delinquent Assessment 0
Penalties/Late Fees 0
Interest 659
Total Resources Available for FY 2022/23 $ 41,841
Fiscal Year 2022/23 Expenses
Santa Clara County Collection Fee $ 46
Publication & Notification Charges 476
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 0
Landscape Contractor 748
Town Administrative Charges 610
Total Expenses for FY 2022/23 1,880
Ending Fund Balance for FY 2022/23 $ 39,961
Fiscal Year 2023/24 Estimated Resources
Fund Balance 6/30/23 $ 39,961
Assessment 4,600
Interest 150
Total Estimated Resources Available for FY 2023/24 $ 44,711 Fiscal Year 2023/24 Estimated Expenses
Santa Clara County Collection Fee $ 46
Publication & Notification Charges 300
Tree Services 0
Weed Abatement 0
Light Pole Maintenance 0
Electric Utility 0
San Jose Water 0
Landscape Contractor 1,196
District Capital Improvement 0
Town Administrative Charges 610
Total Estimated Expenses for FY 2023/24 $ 2,152
Estimated Ending Fund Balance for FY 2023/24 $ 42,559
PART B

ESTIMATE OF THE COST OF IMPROVEMENTS
FISCAL YEAR 2023/24

GEMINI COURT BENEFIT ZONE

ITEM NO. 6.

PART C

ASSESSMENT ROLL
FISCAL YEAR 2024/25

GEMINI COURT BENEFIT ZONE
Special Assessment No. Amount of Assessment Property Description Lot 1 $230.00 567-64-051
Lot 2 $230.00 567-64-050
Lot 3 $230.00 567-64-049
Lot 4 $230.00 567-64-048
Lot 5 $230.00 567-64-047
Lot 6 $230.00 567-64-046
Lot 7 $230.00 567-64-045
Lot 8 $230.00 567-64-044
Lot 9 $230.00 567-64-054
Lot 10 $230.00 567-64-053
Lot 11 $230.00 567-64-052
Lot 12 $230.00 567-64-042
Lot 13 $230.00 567-64-041
Lot 14 $230.00 567-64-040
Lot 15 $230.00 567-64-039
Lot 16 $230.00 567-64-038
Lot 17 $230.00 567-64-037
Lot 18 $230.00 567-64-036
Lot 19 $230.00 567-64-035
Lot 20 $230.00 567-64-034
Total Assessment: $4,600.00
*formerly Lot 9 – split into 3 parcels.

The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll.

METHOD OF APPORTIONMENT OF ASSESSMENT
The total amount of the assessment was apportioned equally to all the lots within the Gemini Court Benefit Zone of Landscape and Lighting Assessment District No. 2.

ITEM NO. 6.

GEMINI COURT BENEFIT ZONE

PROPERTY OWNERS LIST
APN
56764034
56764035
56764036
56764037
56764038
56764039
56764040
56764041
56764042
56764044
56764045
56764046
56764047
56764048
56764049
56764050
56764051
56764052
56764053
56764054

ITEM NO. 6.

ITEM NO. 6.

ATTACHMENT 9

ITEM NO. 6.

ITEM NO. 6.

ITEM NO. 6.

ITEM NO. 6.

ITEM NO. 6.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 05/21/2024
DATE: May 16, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Amendment with Dillingham Associates for Preliminary Design Services for the Pinehurst Community Garden (CIP No. 831-4610) and Lynn Avenue Pedestrian Path Design (CIP No. 832-4510) to Reduce the Scope of Services, Extend the Term, and Reduce the Contract Amount for a Total Amount Not to Exceed $109,856 RECOMMENDATION:

Authorize the Town Manager to execute a Second Amendment (Attachment 1) with Dillingham Associates for preliminary design services for the Pinehurst Community Garden (CIP No. 831- 4610) and Lynn Avenue Pedestrian Path Design (CIP No. 832-4510) to reduce the scope of services, extend the term, and reduce the contract amount for a total amount not to exceed $109,856.

BACKGROUND:

On June 20, 2023, Council authorized the Town Manager to enter into an agreement with Dillingham Associates for preliminary design services for the Pinehurst Community Garden and Lynn Avenue Pedestrian Path Design for a total amount not to exceed $123,556.

In January 2024, Town staff identified a miscalculation in the fee summary where Direct Cost ($500) was added twice in the subtotal, although each line-item amount was correct. The Town issued a first amendment on January 5, 2024 (Attachment 2), bringing the project total from $123,556 to $123,056. Since there were no changes in the cost table shared with Council, and this was a simple subtotal miscalculation, Town staff did not bring the first amendment back to Town Council.

ITEM NO. 7.

PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Second Amendment with Dillingham Associates for the Pinehurst Community Garden and Lynn Avenue Pedestrian Path Design
DATE: May 16, 2024
DISCUSSION:

On December 19, 2023, Town staff received direction from Town Council to conduct further community outreach prior to proceeding forward with concept design. Town staff scheduled meetings with property owners and residents that directly about the project locations. This work was completed in April 2024.

During this outreach, community members consistently asked questions about the potential for soil contamination in both project sites. To address this concern, Town staff met with staff of the State of California’s Department of Toxic Substances Control (DTSC) to discuss results of past soil sampling and the best approach to proceed with development of the projects.

While the original contract with Dillingham Associates included developing plans to address soil contamination, it has become clear that this work would best be completed by Town staff working directly with the DTSC. As the project progresses, staff will seek support from Ninyo and Moore, a consulting firm that provides solutions to geotechnical and environmental challenges through such applications as soil analysis. Staff is currently coordinating with PG&E as the property owner of the Lynn Avenue site to include that property in our discussions with DTSC.

Since staff has determined that Dillingham Associates will not be supporting the coordination with DTSC, the proposed second amendment (Attachment 1) removes Task 2C for Supplemental Soil Toxicology Analysis ($13,200) from the Pinehurst Community Garden Fee Summary. This would bring the new project total from $123,056 to $109,856. The second amendment would also extend the contract term from June 30, 2024 to June 30, 2025 to allow the necessary time to complete these concept designs following coordination with DTSC.

CONCLUSION:

Authorize the Town Manager to execute a second amendment with Dillingham Associates for Preliminary Design Services for the Pinehurst Community Garden and the Lynn Avenue Pedestrian Path Design to adjust the scope of services, term, and contract amount for total amount not to exceed $109,856.

COORDINATION:

This staff report was coordinated with the Town Attorney, Town Manager and Finance Director.

ITEM NO. 7.

PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Second Amendment with Dillingham Associates for the Pinehurst Community Garden and Lynn Avenue Pedestrian Path Design
DATE: May 16, 2024
FISCAL IMPACT:

The adopted Fiscal Year 2023/24-2027/28 Capital Improvement Program (CIP) Budget is sufficient for this preliminary design service phase of the Pinehurst Community Garden and the Lynn Avenue Pedestrian Path Design.

ENVIRONMENTAL ASSESSMENT:

The recommended action is not a project as defined under CEQA, and no further action is required. The construction phase of the Pinehurst Community Garden and Lynn Avenue Pedestrian Path are projects as defined under CEQA and environmental review will be completed in future phases.

Attachments:

1. Second Amendment

2. First Amendment

3. Original Agreement
Budget Costs
GFAR $285,000
Total Budget $285,000
Costs
Consultation Services with Ninyo & Moore $ 14,064
Agreement Amendment with Dillingham Associates (Requested with this Staff Report) $ 54,908
Misc. Project Expenses $ 250
Total Costs $ 69,222
Available Balance $ 215,778
Budget Costs
GFAR $190,000
Total Budget $190,000
Costs
Consultation Services with Ninyo & Moore $ 2,500
Agreement with Dillingham Associates $ 54,948
Total Costs $ 57,448
Available Balance $ 132,552
Pinehurst Community Garden
CIP No. 831-4610
Lynne Avenue Pedestrian Path Design
CIP No. 832-4510

ITEM NO. 7.

Dillingham Associates
Second Amendment to Agreement for Consultant Services ATTACHMENT 1

SECOND AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT for CONSULTANT SERVICES is dated for identification this 22nd day of April 2024 and amends that certain First Amendment to Agreement for Consultant Services dated January 5, 2024, made by and between the Town of Los Gatos, ("Town,") and Dillingham Associates (“Consultant”) identified as a Sole Proprietor and whose address is 2927 Newbury Street, Berkeley, CA 94703.

RECITALS
A. Town and Consultant entered into an Agreement for Consultant Servies for Preliminary Design Services on June 20, 2023, (“Agreement”), a First Amendment to Agreement for Consultant Services on January 5, 2024, copies of which are attached hereto and incorporated by reference as Exhibit A to this Amendment.

B. Town desires to amend the Agreement to extend the term of this contract and adjust the Scope of Services and Contract Amount for the Pinehurst Community Garden in the following ways:

Contract Term
 Extend the term of this contract from June 30, 2024 to June 30, 2025 Pinehurst Community Garden
 Remove Task 2C Supplemental Soil Toxicology Analysis
 Decreasing the Project Total from $68,108 to $54,908
Total Compensation
 Decrease total compensation amount from $123,056 to $109,856 Task Number Task Name Lump Sum Fee
1 Project Management $3,038
2 Site Analysis $1,355
2A Topographic & Boundary Survey $3,080
2B Consulting Certified Arborist Services $1,465
2C Supplemental Soil Toxicology Analysis $13,200
3 Community Engagement $12,125
4 Conceptual Design and 35% Design $32,995
DC Direct Costs, maximum not-to-exceed $850
PROJECT TOTAL $54,908
Items not included in this current contract
Optional
Task A
Pinehurst Community Garden – Risk Assessment
and Statistical Analysis
$44,000
Optional
Task B
Illustrated Perspective Renderings, fee per
rendering
$4,000

ITEM NO. 7.

Dillingham Associates
Second Amendment to Agreement for Consultant Services ATTACHMENT 1

AMENDMENT

1. Section 2.1 Scope of Services is amended to read as follows:

Exhibit C is to replace Exhibit B

2. Section 2.6 Compensation is amended to read as follows:

Compensation for Consultant’s professional services shall not exceed $109,856

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:
_______________________________ ______________________________ Laurel Prevetti, Town Manager M. Reed Dillingham, Principal Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk

ITEM NO. 7.

Dillingham Associates
First Amendment to Agreement for Consultant Services

FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT for CONSULTANT SERVICES is dated for identification this 5
th day of January 2024 and amends that certain Agreement for Consultant Services dated June 20, 2023, made by and between the Town of Los Gatos, ("Town,") and Dillingham Associates (“Consultant”) identified as a Sole Proprietor and whose address is 2927 Newbury Street, Berkeley, CA 94703.

RECITALS
A. Town and Consultant entered into an Agreement for Consultant Servies for Preliminary Design Services on June 20, 2023, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.

B. Town desires to amend the Agreement to adjust the scope of services and compensation for the Pinehurst Community Garden and the Lynn Avenue Pedestrian Path Design in the following ways:

Pinehurst Community Garden
 Reduce the cost of task 2B Consulting Certified Arborist Services from $1,650 to $1,465.
 Increase the cost of task 2C Supplemental Soil Toxicology Analysis from $11,000 to $13,200.
 Update the Project Total from $66,093 to $68,108.

Task Number Task Name Lump Sum Fee
1 Project Management $3,038
2 Site Analysis $1,355
2A Topographic & Boundary Survey $3,080
2B Consulting Certified Arborist Services $1,465
2C Supplemental Soil Toxicology Analysis $13,200
3 Community Engagement $12,125
4 Conceptual Design and 35% Design $32,995
DC Direct Costs, maximum not-to-exceed $850
PROJECT TOTAL $68,108
Items not included in this current contract
Optional
Task A
Pinehurst Community Garden – Risk Assessment
and Statistical Analysis
$44,000
Optional
Task B
Illustrated Perspective Renderings, fee per
rendering
$4,000
DocuSign Envelope ID: 8B0B8C71-E35A-49CB-BC22-3EA56BC03493

EXHIBIT A

ITEM NO. 7.

Dillingham Associates
First Amendment to Agreement for Consultant Services
Lynn Avenue Pedestrian Path Design
 Reduce the cost of task 2B Consulting Certified Arborist Services from $1,650 to $1,465.
 Update the Project Total from $55,133 to $54,948.
o (Note: the previous sum was calculated incorrectly, this was addressed in this new total).

Total Compensation
 Decrease total compensation amount from $123,556 to $123,056.

AMENDMENT

1. Section 2.1 Scope of Services is amended to read as follows:

Exhibit B is to replace Exhibit A

2. Section 2.6 Compensation is amended to read as follows:

Compensation for Consultant’s professional services shall not exceed $123,056.

3. All other terms and conditions of the Agreement remain in full force and effect.

Task Number Task Name Lump Sum Fee
1 Project Management $3,038
2 Site Analysis $1,195
2A Topographic & Boundary Survey $3,630
2B Consulting Certified Arborist Services $1,465
3 Community Engagement $12,125
4 Conceptual Design and 35% Design $32,995
DC Direct Costs, maximum not-to-exceed $500
PROJECT TOTAL $54,948
Items not included in this current contract
Optional
Task B
Illustrated Perspective Renderings, fee per rending $4,000 Optional
Task C
Master Plan design report $10,000
DocuSign Envelope ID: 8B0B8C71-E35A-49CB-BC22-3EA56BC03493

ITEM NO. 7.

Dillingham Associates
First Amendment to Agreement for Consultant Services
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.

Town of Los Gatos: Approved as to Consent:
_______________________________ ______________________________ Laurel Prevetti, Town Manager M. Reed Dillingham, Principal Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk DocuSign Envelope ID: 8B0B8C71-E35A-49CB-BC22-3EA56BC03493

ITEM NO. 7.

Dillingham Associates
Agreement for Consultant Services

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is dated for identification on the 20th day of June 2023 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Dillingham Associates (“Consultant”), identified as an Individual/Sole Proprietor and whose address is 2927 Newbury Street, Berkeley, CA 94703. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 The Town desires to engage Consultant for the Preliminary Design Services for the Pinehurst Community Garden (CIP No. 831-4610) and Lynne Avenue Pedestrian Path Design (CIP No. 832-4510).

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

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

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

II. AGREEMENTS

2.1 Scope of Services. Consultant shall provide services as described in that certain proposal sent to the Town on June 2, 2023, which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. This contract will remain in effect upon execution to June 30, 2024. Consultant shall perform the services described in this agreement as described in Exhibit A.

2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations 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.

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

2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services DocuSign Envelope ID: A937E75E-84FF-43AE-8A1D-F60947BD58F6

EXHIBIT A
DocuSign Envelope ID: 8B0B8C71-E35A-49CB-BC22-3EA56BC03493

ITEM NO. 7.

Dillingham Associates
Agreement for Consultant Services
pursuant to this Agreement are confidential until released by the Town to the public, and 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 $123,556, inclusive of all costs. Payment shall be based upon Town approval of each task.

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

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

Invoices:

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

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

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

2.10 Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to DocuSign Envelope ID: A937E75E-84FF-43AE-8A1D-F60947BD58F6 DocuSign Envelope ID: 8B0B8C71-E35A-49CB-BC22-3EA56BC03493

ITEM NO. 7.

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

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

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

III. INSURANCE AND INDEMNIFICATION

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

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ITEM NO. 7.

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

General Liability:
i. The Town, its elected and appointed officials, employees, and, agents 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 elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

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

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

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ITEM NO. 7.

Dillingham Associates
Agreement for Consultant Services

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

IV. GENERAL TERMS

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

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

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

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

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

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

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Dillingham Associates
2927 Newbury Street
Berkeley, CA 94703
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ITEM NO. 7.

Dillingham Associates
Agreement for Consultant Services
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:

Laurel Prevetti, Town Manager

Recommended by:

Jim Harbin
Acting Director of Parks and Public Works
Consultant, by:

M. Reed Dillingham, Principal
Approved as to Form:

Gabrielle Whelan, Town Attorney
Attest:

Wendy Wood, CMC, Town Clerk
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ITEM NO. 7.
1 EXHIBIT A
Proposal for Landscape Architectural Services
Pinehurst Community Garden (CIP No. 831-4610) and
Lynne Avenue Pedestrian Path Design (CIP No. 832-4510)
Prepared for the Town of Los Gatos
Prepared by Dillingham Associates Landscape Architects
May 18, 2023
Approach & Understanding of Each Project
Pinehurst Community Garden
Municipal community gardens have become increasingly popular in the past ten years, a movement that increased during pandemic conditions. Santa Clara has recently opened the Eddie Souza Community Garden on the San Tomas Aquino Creek Trail, which has classes and a wait list for plots. Cupertino is currently building a new community garden in Wilson Park. Under-utilized parcelssuch asthe Pinehurst lot are a perfect opportunity for a use that creates a community gathering place, as well as a new civic facility.

The groundwork for the community garden project has already been laid with the support of a community that has already developed a preliminary site layout. This effort suggeststhat the process of outreach and engagement can be a productive one. The sketch plan creates a good starting point for discussion of program, size, scope, function, and adjacencies. Preliminary comments from PG&E and from Ninyo & Moore also provide clear guidance for design constraints and for outreach meeting agenda items.

The key task for this type of project is the ability to listen and respond to community ideas and concerns. The neighborhood has already invested energy into this project, and they will be the workers who will maintain the garden, and over time will curate the site into a unique garden. Moreso than many park projects, a community garden is an opportunity to incorporate the public’s vision into its physical form.

The proposed program is relatively straightforward, buildable and feasible. We can support the current program, but will endeavor to work with community members to verify whether any additional elements may be feasible.

While preliminary comments from PG&E and from Ninyo & Moore provide guidance, they also pose design challenges. We are fortunate to be able to partner with Christian Macke of 122 West landscape architects, who have a deep portfolio of community garden projects built upon extensive outreach processes.

After preliminary conversations with Ninyo& Moore, we propose to work with theirteam to refine the boundary of food operations, by further analyzing the limits of organochlorine pesticides (OCP) in the soil.

Organochlorine pesticides were used extensively from the 1940s through the 1960s in agriculture and mosquito control, but due to both their environmental persistence and neurotoxicity, their use has been banned or greatly reduced in the last decades. We propose to sample and analyze three (3) additional borings, and to provide a sequential analysis, which can be used to potentially save lab costs, pending results.

Beyond the basic amenities shown in the Sample Layout diagrammatic plan, many enhancements could Key:

Items in bold (Arial) are total fees per task
phase.

Items in blue show subconsultant fees.

Items in orange show proposed
Deliverables.

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ITEM NO. 7.
2 EXHIBIT A
be considered.
• The meeting area can be planned and designed to be an outdoor classroom, a small plaza, and a setting for group meetings. Many good ideas and discussions come from informal gatherings and chance encounters.
• The garden would benefit from both informal seating areas, and one or more larger group areas. • An attractive entryway and signage can provide a new neighborhood landmark and site identity. • The type of buffer interface between the garden and adjacent residences should be considered, despite the small site area.
• Storage for group and personal gardening tools will be useful. • Parking for site managers, and optionally also for gardeners. • Shaded seating and/or gathering areas.
• Storage of compost, soil, mulch and other materials.

While limitationsfromPG&E and Valley Water, among others may impact the plan and project, we are passionate to advocate for a design that the community backs, to the extent that it isfeasible in terms of costs and permissions. This garden can create an opportunity and a public space that Los Gatos does not yet have.

The proposed garden and path, along with Howes Play Lot, will create a unique greenway with a sequence of experiences.

Most proposed planting will be in raised planter beds, the design of which allows for very low risks from any remnant soil pesticides (Organochlorine pesticides) due to the ease of installing a soil cap and importing soil as a growing medium. A soil cap could come in the form of clean soil, or a concrete slab, or a combination of the two throughout the site. It is not advised to pave a concrete slab base for the entire garden; however, a concrete cap might form an entry plaza, a driveway, or a work space while portions of the remainder of the site would be capped with only clean soil, a geotextile fabric, and optionally a wire mesh.

Lynn Avenue Pedestrian Path
This parcel has the potential to act as a bridge, connecting the Howes Play Lot with the new community garden. Depending on the results of community outreach and input, our approach to the design may be relatively straightforward. The plan would prioritize visibility of the pathway from streets at both ends. In addition to the pathway, some amenities that may be desired may include the following:
• compacted crushed rock jogging path;
• benches;
• trash containers at either end of path;
• drought-tolerant plantings;
• temporary irrigation for plant establishment
• pedestrian / security lighting. Amenities, including lighting, would not be located near residences in order to minimize impact on neighbors.

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ITEM NO. 7.
3 EXHIBIT A
For a unique parcel such as this, some considerations should be taken during design:
• The existing site has easements for both PG&E overhead electric lines and forValleyWater pipelines, with minimal existing vegetation.
• whether easements, utilities and site conditions may limit the location of a paved pathway within the parcel. Our office would assist theTown with coordination with each utility agency, and all other stakeholders.
• any need, by theTown or other agencies, to have limited control of public access to the parcel; • specific limitations on pavement structures, trees and shrubs, and new irrigation infrastructure within the right-of-way;
• design limitations related to security visibility or fire access; • limitations on any additional site furnishings and amenities, such as benches, signs, and lights.

After preliminary conversations with Ninyo & Moore, we believe that the possible presence of orchard pesticides (OCPs) on this parcel does not pose a risk to users of a pathway. However, as our site knowledge is still preliminary, we have included a fee allowance for testing for budgeting purposes.

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ITEM NO. 7.
4 EXHIBIT A
Description of Scope Tasks
Task 1 – Project Management
Project management for planning and design projects encompass the key project areas of schedule, fees, communications, team management, scope coordination, and quality control. Below is an outline of related proposed tasks. See the Fee Proposal worksheet for more details. • Develop Project Work Plan;
• Management of team sub-consultants;
• Site Analysis and Background Documents Review;
• Attend (2) Field Meetings / Site Visits (including travel time); • Attend up to (2) Coordination Meetings with Town and other agencies involved the project, including PG&E, Santa Clara Valley Water (SCVW), and San Jose Water. • Attend one (1) Coordination Meeting with Town’s Staff Arborist. Subconsultant Arborist scope is included below in Task 2
• Preparation of Meeting Notes;
• Quality Control reviews.

Coordination efforts with PG&E and with SCVW will have the objective of determining restraints on site design, such as construction limitations, minimum access needs, and site security. A second objective will be to seek the utility districts’ guidance on the best ways to meet project needs, such as shaded gathering spaces and tool storage, within the standard restrictions.

Deliverables: Project Management/Work Plan, addressing schedule, communications, team roles, and review process; Meeting Minutes.

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ITEM NO. 7.
5 EXHIBIT A
Task 2 – Site Analysis
A. Topographic & Boundary Survey
B. Supplemental Soil Toxicology Analysis
C. Consulting Certified Arborist
D. Horticultural and Fertility Soil Analysis
Task 2, Dillingham Associates tasks
In addition to the sub-consultant tasks shown below, Site Analysis tasks to be performed by the prime consultant include preparation of Base Maps, development of Site Inventory Plans, and development of Opportunities & Constraints Plans. These plans will be developed based upon site information provided by subconsultants, and verified by one or more site visits.

Per our standard practices, we will submit a soil sample from the West Parcel site to a lab for horticultural planting analysis. This task and analysis is separate from Task 2C, below to expand upon previously performed soil toxicity analyses.

Task 2A) Topographic & Boundary Survey
As shown in our fee proposal, we will prepare topographic and boundary survey mapping for both sites, what are labeled in this proposal as the West Parcel, the site of a future community garden; and the East Parcels (two parcels), the site of a future pathway. We propose to complete the survey field work simultaneously for both project sites, while keeping the fees for each project clear and separate. Note that Lynn Avenue itself will not be included in the topographic surveying scope area, as this project does not propose new sidewalks along Lynn Avenue. Rights-of-way and easements will be defined from record maps and documents supplied by PG&E and by the Santa Clara Valley Water District. The survey will include surface utilities, fences, approximate location of overhead utility wires, crosswalks, signs, curb, gutter, sidewalk, trees over 4-inches in diameter, driveways and gates. Sufficient number of spot elevations will be taken to generate 1-foot contours.

Topographic surveying fee, for multiple sites, with subconsultant PLS Surveys is shown in the Fee Summary Table. Figures include 10% prime management fee. See also proposal from PLS Surveys, Inc.

Task 2B) Consulting Certified Arborist Services
We propose to work with our Arborist subconsultant Molly Batchelder of SBCA Tree Consulting in Crockett.

The arborist will survey all trees on site that are over 4-inches in diameter (estimated to be 10-15 trees). The survey will include a Tree Location Map, and will record data on the species; DBH; height; spread; health and structural condition; suitability for retention; pruning or health mitigation recommendations; Root Protection Zones (RPZ); and other pertinent arborist notes. A summary report will contain pre-construction health mitigation recommendations, commentary on tree retention suitability, and replacement species suggestions.

The Arborist fee includes any needed coordination with the Town’s staff arborist or Tree Division, as needed.

We do not propose to file for Tree Removal Permits during the 35% phase of work.

The Arborist will also make recommendations to the Town for treatment of neighboring tree branches which encroach into the project parcels across fence lines.

If needed, the Arborist would assist in coordination with PG&E and/or SCVW to discuss tree trimming and removal requirements.

We propose to complete the Arborist consulting work simultaneously for both project sites, while keeping the fees for each project clear and separate.

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ITEM NO. 7.
6 EXHIBIT A
Arborist services fee, for each project, with subconsultant SBCA Tree Consulting, is shown in the Fee Summary Table. Figures include 10% prime management fee.

Task 2C) Supplemental Soil Characterization Analysis – Garden site only The Town is already in possession of a 2022 Soil Characterization Report by Ninyo & Moore, for the West Parcel, for the proposed Pinehurst Community Garden site. The objective was to assess the lateral and vertical extent of soil impacts from constituents of concern, including organochlorine pesticides (OCPs). Previously, samples from four boring locations were analyzed, and OCPs were present in notable quantities at boring location B-4. Subsequently, in April 2022, samples from four ‘step-out’ borings near location B-4 were also analyzed.

In order to refine the location of pesticides, the proposed additional soil analysis would include soil sampling analyses of (4) new borings, at 3-ft depth, with (2) samples per boring location. Samples will be analyzed for the presence of organochlorine pesticides (OCPs), and Title 22 Metals. The additional analysis work would be performed at the same screening level as the 2022 work, a Tier 1 Environmental Screening Level (ESL), a level that is used for ‘terrestrial habitat,’ such as park land projects.

We have also listed an additional optional task below for Risk Assessment and Statistical Analysis.

Soil assessment fee, for the West parcel only, with subconsultant Ninyo & Moore is shown in the Fee Summary Table. Figures include 10% prime management fee.

The future program for the Lynn Avenue Pathway project at the East Parcels is less determinate. As such, we propose that the Town defer the task of soil testing and toxicology analysis within the East Parcels until both a site program and a master plan or conceptual design plan are available. The program and concept plan will allow the Town to determine whether soil testing is advisable, what type of testing, and in which locations.

Under similar project conditions, the site is often not tested until construction is near.

Deliverables: Boundary and Topographical Survey; refinement of Soil Analysis; Risk Assessment and Statistical Analysis; Arborist report and supplemental comments; Horticultural lab test recommendations; Site Inventory Plan; Opportunities & Constraints Plan.

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ITEM NO. 7.
7 EXHIBIT A
Task 3 – Community Engagement
We propose to lead the Town’s efforts to prepare outreach materials, graphics, meeting agendas, presentations, and meeting minutes. In addition, we will prepare for and moderate three community meetings, either inperson or virtual, and will work with the information the Town has and the Town’smethods of communicating with neighbors and other interested parties. Techniques vary for working with differentsize groups vary, particularly in reference to feedback fromthe audience.With smaller groups, itis easy to have direct back and forth conversations about concerns. With much larger groups, the interaction needsto be more structuressuch as advance delivery of questionnaires and responses so that complex issues can be addressed at the actual meeting. Our subconsultants will help lead these meetings.

Both the Garden project and the Pathway project would be addressed at each meeting described below, with a joint agenda. Because the Garden project already has some level of community support and awareness, the joint nature of the two projects makes for an excellent opportunity to for joint meetings. This format would likely provide a great form of public input for the Lynn Avenue Pathway project, input that would be difficult to provide if the two projects did not hold joint meetings. One likely scenario is that community members may attend meetings about the Garden project, and would stay to be able to provide input and comment on the Pathway project. However, the meeting agendas should be designed with the understanding that the type of input needed for each project is quite different.

The Garden-related meeting agendas are described below. However, the Pathway-related meeting agendas are not yet developed. The breadth of the Pathway agenda should be developed in concert with Town staff.

Because this project is still more preliminary than the Garden project, the meeting agenda will require discussion to determine whether to focus on Phase One improvements, long-term options, or both. Below are some optional meeting topics:
• Assessment of local recreation opportunities;
• Site Analysis;
• Goals and Objectives;
• Site Program, including passive and/or active recreation; • Constraints and Opportunities of Site and Program;
• Support elements, including parking, circulation, buffers at neighboring properties, noise, and lighting; Development Phasing, Schedule, and Costs.

Our subconsultant landscape architects, garden design Christian Macke and trail designer Sofia Zander, would assist with early Community Engagement meetings, as they have extensive experience in public engagement.

Their efforts would focus more upon the community meetings than on the Parks Commission meetings.

In our experience, two to three outreach meetings form a minimum or baseline for community outreach. If special conditions warrant additional outreach meetings, the consultant scope and fee can be discussed and negotiated. There is little reason at this point to believe that additional outreach meetings would be needed during later stages of design (e.g. 65%, 100%), but the question should be considered once the final design stage has commenced.

Meeting no. 1 would be a pre-design kickoff discussions for the community. The Garden agenda would allow the Town to inform the public about the project background, including site opportunities and constraints, schedule, budget, soil limitations, program limitations, and easement limitations. The Garden agenda would also allow garden users to inform the Town of the desired programs, elements, types and scale of urban DocuSign Envelope ID: 8B0B8C71-E35A-49CB-BC22-3EA56BC03493

ITEM NO. 7.
8 EXHIBIT A
agriculture programs, and any concerns they may have. Depending on the number of participants, small groups could be formed for sketching and brief discussion, and then ideas could be summarized as a large group. To generate more discussion, consultants may show images of related Urban Agriculture programs that other communities have built.

Meeting no. 2A would allow the consultants to present to the community one or more concept plans which synthesize and clarify the ideas discussed in Meeting no. 1. One or more sketch plans would be presented for discussion. A key goal of the meeting is to build consensus. Meeting no. 2B would present to the Parks Commission a summary of this Meeting 2A.

Meeting no. 3A would allow the Town to provide a final nor nearly final preferred plan, at a point after most coordination issues have been resolved with utility districts and subconsultant site analyses. A Phasing Plan or a draft Phasing Plan has been prepared. Concerns have been addressed. A preliminary cost estimate has been prepared. Again, one goal is to report, and another is to build consensus. Meeting no. 3B would present to the Parks Commission a summary of this Meeting 3A.

Subconsultant Fees
Fees shown for this phase include fees for our subconsultant landscape architects, Christian Macke and Sofia Zander. Their fees are not shown here, to allow for better project flexibility; their fees are approximated on the Fee Worksheet. This arrangement will allow the design team to adapt to project needs for their expertise as they arise, and to allow the team members with the most capacity to undertake relevant tasks.

Design Work
Much of the related tasks of Conceptual Design and illustration for these Community Meetings is shown under Task 4, below.

Deliverables: Meeting facilitation, outreach graphics (including Design Concepts or Alternates), presentations, meeting agendas, meeting minutes, fliers or handouts, surveys, etc.

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ITEM NO. 7.
9 EXHIBIT A
Task 4 – Conceptual Design and 35% Design Services
Each project will result in a separate 35% design packet, and separate cost opinions will be prepared for each project. Each project will require separate Phasing Plans. See the Approach & Understanding section above which provides additional relevant details forthese two projects.

Pinehurst Community Garden
A kick-off meeting will be held with Town staff. A project management plan will be presented and reviewed, including project schedule and milestones. The site analysis steps will be reviewed, and the Community Engagement will be developed beyond what is shown in this document.

The input generated during the Community Engagement phase will be used to guide work during the Conceptual Design and during the 35% Design plan. The goal during this stage is to advocate for the community’s vision as best possible, within the constraints of costs and permissions.

The work that falls under Site Analysis Task B1 above (Soil analysis and refinement of pesticide location) will allow the design team enough site information to better define which parts of the site will require programs that separate the users from toxic soils, such as driveways and paved areas.

The Concept Plan will be prepared to allow consensus with Town staff and with the community and the Parks Commission. The following criteria and elements will guide design at this stage:
• Site Programming
• Utility District restrictions
• Relation with East Lot
• Bed locations
• Dwarf tree planting
• Gathering space(s)
• Neighbor buffer zones
• Parking
• Fences and gates
• Work (lay-down) space
• Tool storage (also wheelbarrows)
• Layout that is feasible with plant needs (light, soil, space, height) Work for the final 35% plan would develop the consensus Concept Plan, and refine it to allow the Town and consultant to develop a well-defined work scope for final 100% plans, specifications, and estimates. This stage would focus on further criteria and elements:
• Staff availability for classes and site events;
• Define planting bed sizes;
• Size of gathering spaces and informal seating locations, and amount of shade; • Entryway scale and signage;
• Parking capacity in alignment with anticipated need;
• Visibility and adoption of CPTED practices;
• Size of buffer spaces between garden and neighboring properties; • Define size of areas with use restricted by utility districts; • Tree protection measures;
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ITEM NO. 7.
10 EXHIBIT A
• Water and hose locations;
• Define vehicle unloading and lay-down spaces;
• Define soil storage area;
• Define tool storage type and area;
• Material selection and level of finish;
Examples of design tasks that would be excluded from this stage include irrigation design; soil specifications; and construction details.

Deliverables:

Program Diagram; Final Concept Plan; 35% Design Plan, 35% Cost Opinion; project Phasing Plan.

Lynn Avenue Pedestrian Path
The proposed garden and path project, along with Howes Play Lot, would create a unique greenway with a sequence of experiences.

A kick-off meeting will be held with Town staff. A project management plan will be presented and reviewed, including project schedule and milestones. The site analysis steps will be reviewed, and the Community Engagement will be developed beyond what is shown in this document.

A summary of existing conditions will be prepared, based on site visits, and on the work of the land surveyor, the Geologist and toxicologist, the soil lab report, and the project Arborist.

During the Community Engagement process, existing local recreation opportunities in the neighborhood will be assessed and evaluated, to allow informed consideration of possible new passive and active recreation programming. A Site Assessment and Analysis will then be developed based upon the public meeting notes and Town staff input. Constraints and opportunities will be presented for optional passive and active recreation uses. This analysis will include review of Town policies and maintenance capabilities.

The final Concept Plan will show proposed site programs, locations, approximate scale, and relationships between programs.

The 35% Design Plan will include a Cost Opinion, a Phasing Plan, and a range of possible timelines.

Concept Design Alternatives
Our process for this phase of design will be to prepare several alternative plans or concepts to elicit ideas and comments from the audience of neighbors and other interested participants. The result may be the selection one or another of alternative ideas or some combination of ideas into a preliminary plan. 35% Design Documents
Based on comments at the public meetings as well as any comments received by mail or email, we will synthesize the ideasfromthe public as well asthose from the Town and our own into one or more options or alternative plans. These will be reviewed with Town staff for consistency of intent with the comments and feasibility with project requirements. Important design details will be developed and included as part of the 35% project documents.

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ITEM NO. 7.
11 EXHIBIT A
Optional Master Plan Design Report
The future program for the Lynn Avenue Pathway project at the East Parcels is less determinate than that of the Pinehurst Community Garden. Because of this difference in project progress, the Town may feel it helpful or necessary to invest more planning and design effort in this project in the form of a Master Plan design report. A report would allow for more in-depth discussion of short-term and long-term developments, in both graphical and narrative form. Topics of discussion would likely include project Goals and Objectives; Site Analysis and Existing Conditions; Master Plan including organizing ideas, parking, circulation, buffers at neighboring properties, noise, and lighting; Program Development; Facilities Development; and Development Phasing, Schedule and Costs.

This work is out of scope for Taks 4. See description of Optional Tasks below.

Subconsultant Fees
Fees shown for this phase include fees for our subconsultant landscape architects, Christian Macke and Sofia Zander. Their fees are not shown to allow for better project flexibility. This arrangement will allow the design team to adapt to project needs for their expertise as they arise, and to allow the team members with the most capacity to undertake relevant tasks.

Deliverables:

Final Concept Plan; 35% Design Plan, 35% Cost Opinion; project Phasing Plan.

Optional Report deliverable: Master Plan design report.

DocuSign Envelope ID: 8B0B8C71-E35A-49CB-BC22-3EA56BC03493

ITEM NO. 7.
12 EXHIBIT A
Task 5 – Final Design and Construction Documents
Scope for this task has not yet been developed.

Task 6 – Bid Award and Construction Administration
Scope for this task has not yet been developed.

Optional Tasks
Optional Task A - Pinehurst Community Garden – Risk Assessment and Statistical Analysis Forthe Pinehurst Community Garden site, most proposed planting will be in raised planter beds. The design of the raised beds allows for very low risks from any remnant soil pesticides (Organochlorine pesticides) due to the ease of installing a soil cap and importing soil as a growing medium.

Our preliminary site assessment has indicated that the site would benefit from tree crops, which form a good buffer at neighboring properties, and provide more definition and interest to many gardens. At the same time, our review of PG&E’s Impact Letter (dated 2/3/2023) indicates that this would be acceptable along the border of the transmission line right-of-way, so long as such trees are dwarf species no taller than 10-feet.

For tree planting specifically, a Risk Assessment and Statistical Analysis performed by Ninyo & Moore could provide the Town with some environmental liability protection. If the Risk Assessment outcome is unfavorable, the result would provide guidance to not plant trees, and if the outcome is favorable, it would provide some liability protection. Tree crops, in theory, could benefit from a Risk Assessment. Be aware that most tree fruits and crops are not the locus where toxins are found, as they tend to concentrate in tree leaves and other parts of the anatomy. If the risk assessment demonstrates the site to be unsafe, we would work with Ninyo & Moore to propose and evaluate solutions such as complete soil remediation (excavation and disposal), capping of toxic soil areas, and limiting garden use to only raised planters.

We are showing an optional task for Ninyo & Moore to prepare a Risk Assessment and Statistical Analysis.

Optional Task 1 would include sampling of 10 new borings, laid on a grid, with collection of two samples per boring, to have sufficient data set for a statistical analysis. By proposing likely future crops, the analysis would allow us to complete a risk assessment of those crops, yielding the probability that a toxin of concern would reach that crop or would reach a garden user.

Risk Assessment and Statistical Analysis fee, for the Pinehurst Community Garden on the West parcel only, including 10 new borings and 20 samples, with subconsultant Ninyo & Moore is shown in the Fee Summary Table. Figures include 10% prime management fee.

DocuSign Envelope ID: 8B0B8C71-E35A-49CB-BC22-3EA56BC03493

ITEM NO. 7.
13 EXHIBIT A
Optional Task B - Illustrated Perspective Renderings (for either or both projects) Optional Task C - Lynn Avenue Pedestrian Pathway Master Plan design report Topics of discussion would include project Goals and Objectives; Site Analysis and Existing Conditions; Master Plan including organizing ideas, parking, circulation, buffers at neighboring properties, noise, and lighting; Program Development; Facilities Development; and Development Phasing, Schedule and Costs. See narrative description above for more details.

Standard Project Procedures and Disclaimers
Submittal to Planning Department or Planning Commission is not within scope.

CEQA, NEPA, Environmental or other regulatory permitting is not within scope.

C.3 stormwater calculations and mitigations, and preparation of stormwater control plans are not included, and no civil engineering work is within scope.

Structural engineering, inclusive of wall design, is not within scope.

LEED, SITES, GreenPoint, and Bay-Friendly certifications have not been included.

Section 508 Document Remediation services are not within scope.

Additional revisions will be charged at hourly rates; as stated elsewhere in this proposal; or as agreed with client.

Project is subject to review by only those agencies and entities explicitly noted in this proposal.

Additional meetings, site visits, submittals, and revisions shall be billed at hourly rates shown on Fee Worksheet.

Only those subconsult tasks and fees shown have been included in this proposal. Other subconsultant tasks are excluded, including but not limited to civil engineering, architecture, electrical engineering, geotechnical engineering, structural engineering, environmental permitting, CASp access consulting, and irrigation design.

If significant findings are made regarding the existing site conditions that affect the scope of the landscape architect’s work, the contract scope and fee shall be re-negotiated.

DocuSign Envelope ID: 8B0B8C71-E35A-49CB-BC22-3EA56BC03493