ITEM NO. 17.
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May 2024 Appendix I I-21
more like Japan or New York. The Los Gatos general plan doubles down on the environmentally unsustainable continuous suburb model.
I understand the California legislature has mandated certain housing policies, but the solution is to push back by banding together with other outlying suburbs and rural communities to fight environmentally destructive mandates.
Of course Los Gatos is segregated from other communities by income. Los Gatos is a luxury brand, with vacant lots running over $1 million. Forcing low income housing into Los Gatos is like asking Daimler Benz to build an economy car, their cost structure doesn’t allow it. Los Gatos land costs can’t sustain low cost housing. You don’t need to travel far from Los Gatos to get to areas with lower land prices, for example, Santa Clara, San Jose, Morgan Hill, Milpitas.
Finally, building high-density low-income housing in Los Gatos will violate the original covenants and restrictions on existing housing and degrade its value. I view the covenants and restrictions as a contract I signed onto when I bought my house. I don’t see any proposal in this document to compensate existing residents for degrading their property values. Again, the town needs to push back against legislative mandates that don’t make sense.
10.1.5 Public Participation
Public disclosure of new regulations by the Town Council is inadequate. Many residents do not subscribe to social media, do not read newspapers, shop at Safeway rather than at the farmer’s market, and avoid using the internet as much as possible. For instance, my neighbor bought a gas leaf blower one week before the town banned them. A proper form of disclosure is by USPS, every resident needs to receive a hard-copy in the mail.
But more importantly, when radical proposals that completely and irrevocably change the town’s character are proposed, the citizens of the town should be given an opportunity to vote.
This was not done with the 2040 General Plan.
10.2 Overview of Housing Need and Constraints
This section is largely repeating and expanding on what was already written in the previous section. My comments above apply.
10.2.6 Special Housing Needs
This section is mostly free of data, and what little data is presented lacks citations.
I’m a senior, but I question the section about senior household affordability. My understanding is that seniors are the wealthiest Americans (https://www.lexingtonlaw.com/blog/finance/average-net-worth-by(External link)- age.html). Seniors also benefit from Medicare, Social Security, Prop. 13 property tax reductions, and senior discounts.
The section on homelessness lacks data, and the reasons stated for homelessness are wrong. My understanding of the homeless crisis in California, as documented in Michael Shellenberger’s book San Fransicko, is that it is almost entirely a crisis of drug addiction and untreated mental illness. Organizations advocating personal liberty such as the ACLU, together with progressive prosecutors, have made it impossible to solve the homeless crisis.
Open borders have increased the supply of Fentanyl. And it is a real crisis: in San Francisco more people died of drug overdoses than Covid in the last two years.
10.4 Energy and Resource Conservation
Solar roof panels are not a means of reducing energy costs. Considering the maintenance and depreciation, I believe (I am an electrical engineer specializing in semiconductor physics) they generating very expensive power.
If the town really believes solar roof panels are a good investment, then the numbers should be presented in this document. Although I am an SVCE customer, and own an electric car I have not experienced any reduction of my power costs.
Indeed, California has some of the most expensive power in the US.
The figures touting 99% reduction in utility-related emissions by providing clean energy are patently false. When the energy required to manufacture solar panels is accounted for and amortized over their life, and recognition of the fact they are manufactured in China using high-carbon coal power, the numbers are nowhere near as good.
Moreover, solar power is not generated during the peak demand period between 4PM and 9PM. Back-up power
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capital equipment needs to be kept on-line, and that adds to the cost. Failure to do so has led to California’s current energy crisis, and caused my electric car to be charged with out-of-state coal power brought in to alleviate the crisis.
A better way and less expensive way to reduce power costs is to install a light colored roof, insulate your attic, and plant deciduous trees to shade your house. Fenestration should be minimized. I notice that most houses being remodeled these days are styled as retro mid-century modern with black roofs and huge windows, which is very bad from an energy efficiency standpoint.
California has shut down two of its three nuclear plants in the last few years, with Diablo Canyon scheduled to be taken off-line in 2024-2025. The result is an increase in the proportion of carbon- spewing power generation, and higher energy costs from renewables. According to Wikipedia, Diablo Canyon generates electricity at six cents per kW hour, one fourth of what I pay for so-called SVCE clean power. And nuclear generates power 24/7.
10.5 Goals, Policies, and Implementation Programs
Basically, I oppose almost all of the policy recommendation in this section. Here are my proposed replacement policies.
1. The town should advocate for the state to electrify CalTrain and eliminate all grade crossings. The money saved from killing the bullet train can be reallocated for this project. Once Caltrain is electrified, San Jose to San Francisco is a 30 minute commute (electric express trains without grade crossings can travel at 80 MPH).
California is way behind on electric commuter trains.
2. The town should recommend a 1km circle centered around each major CalTrain station be re-zoned for ultrahigh-density housing. The entire housing needs of San Mateo and Santa Clara county can be met for many years.
People can walk to train stations in five minutes, eliminating the need to expand freeways. Similar zoning changes would be beneficial for BART.
3. Towns and suburbs not served by mass transit hubs should be encouraged to down-size or remain stagnant to alleviate the burden on highways and reduce car-miles, exactly the opposite of what the town is currently advocating.
4. The town should request that Diablo Canyon not be closed. San Onofre nuclear power station decommissioning should be stopped immediately, and the power station should be rebuilt and brought back on line. Third-generation nuclear power stations should be built to replace windmills and photovoltaics, which are not viable sources of carbon-free power. Reasons for advocating this position can be found in Michael Shellenberger’s book Apocalypse Never.
5. The town recognizes that the VTA light rail system is a failure. It is slow, expense, unreliable, doesn’t stop near your office or home, and needs to be fixed or dismantled. Google buses are an alternative. The town should recommend to study how to get people to work without cars. Bicycles are not a good option.
ITEM NO. 17.
Appendix I. Public Comments
May 2024 Appendix I I-23
Response to Comment #5
The public comment includes multiple topics, including: projected housing; racial segregation; planning and legislative efforts; public participation; quality of data; energy conservation; and goals, policies, and programs.
However, most of the suggested changes are either: not within the Town’s authority; not consistent with the Town’s 2040 General Plan Vision and Guiding Principles; not aligned with the stated goals for Affirmatively Furthering Fair Housing (AFFH); or would not result in a greater likelihood of housing production for the next eight-year cycle. Therefore, no changes to the Draft Housing Element were included in response to these comments.
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Comment Letter #6
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Comment Letter #6 Attachment #1
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Response to Comment #6
Downtown site additions to Site Inventory
o The HEAB discussed this subject at a public meeting and collectively determined to continue moving forward with the Downtown sites in the Draft Site Inventory as recommended by the HEAB. o The bank sites located in the Downtown on Santa Cruz Avenue Areas, and referenced with this comment, were placed in the Town’s third tier of potential sites based on their gross lot area of less than half an acre and because the Town has not received any Property Owner Interest Forms for residential development on those sites.
Recent changes to State laws
o The Town is committed to learning more about recent changes to State laws and how these may impact the Town zoning and contribute to opportunities for affordable housing construction and will incorporate them where appropriate.
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May 2024 Appendix I I-29
Comment Letter #7
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Response to Comment #7
Site Inventory, typical density
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May 2024 Appendix I I-31
o The Housing Element Sites Inventory Form located in Appendix H and the Overview of Selected Sites located in Appendix D have been updated utilizing the typical density identified in 2040 General Plan Residential Buildout, rather than the maximum allowed density. High number of affordable units assigned
o The Town acknowledges the property owner’s concern with the proposed estimated income distribution and capacity estimate for the sites. This is an estimate and has been modified in response to comments received.
No net loss law
o The Town acknowledges that there is a concern by property owners that they will bear the required burden of the No Net Loss Law. However, per Government Code section 65863, the No Net Loss Law requires a jurisdiction to maintain a sufficient supply of adequate sites in its Housing Element at all times throughout the Housing Element planning period to meet a jurisdiction’s remaining unmet share of the RHNA for each income category. To comply with the No Net Loss Law, jurisdictions must ensure their actions do not create a shortfall of available sites. When making decisions regarding zoning and land use (e.g., downzoning) and/or when approving housing development projects, jurisdictions must assess the impacts those actions have on their ability to accommodate new housing on the remaining sites in their Housing Element Sites Inventories. If, at any time during the planning period, the jurisdiction finds that their remaining sites are insufficient to accommodate its remaining RHNA, the jurisdiction must take immediate action to correct the shortfall by amending its Housing Element Sites Inventory to increase capacity by either adding previously unidentified sites or rezoning remaining sites to correct for the shortfall. If a development is approved at a lower density or income distribution than what was assumed in the Sites Inventory of the Housing Element, No Net Loss Law requires a jurisdiction to make written findings and identify additional site capacity. The No Net Loss Law is not the responsibly of the property owner.
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Comment Letter #8
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Response to Comment #8
Production of below market rate housing units
o The Town recognizes the historic challenges of producing below market rate housing units within the Town. One of the primary purposes of this update of the Town of Los Gatos Housing Element is to increase production of below market rate housing. Goal HE-2: “Provide New Affordable Housing” is supported by 12 policies and numerous implementation programs. Defining affordable housing
o The Town utilizes the Department of Housing and Community Development (HCD)’s definition of affordability housing thresholds through the income categories assigned through Town’s RHNA. HCD with input from the Association of Bay Area Governments (ABAG), and Metropolitan Transportation Commission (MTC), determined the total RHNA for the 2023-2031 period. On December 16, 2021, the ABAG Executive Board adopted the Final RHNA Plan: San Francisco Bay Area, 2023-2031. Los Gatos's allocation is 1,993 units, which is broken down by income category, as shown in the table below:
Income Group Number of Units
Very Low (0-50% AMI) 537
Low (50-80% AMI) 310
Moderate (80-120% AMI) 320
Above Moderate (120%+ AMI) 826
TOTAL = 1,993
*AMI is Area Median Income
Accessory dwelling unit incentive program
o See response to Comment #2, Accessory Dwelling Unit Incentive Program.
ITEM NO. 17.
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May 2024 Appendix I I-35
Comment Letter #9
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Response to Comment #9
The recently adopted 2040 General Plan includes numerous goals, policies, and implementation programs to increase access to alternative transportation modes throughout Town. These comments do not raise an issue with the Draft Housing Element; therefore, no changes to the draft Housing Element are necessary.
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May 2024 Appendix I I-37
Comment #10
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Response to Comment #10
Site D-1, maximum allowable density and maximum number of housing units o Site D-1 has been updated to reflect a maximum of 461 units at a minimum density of 30 dwelling units per acre (Appendix D and Appendix H). Implementation Program D includes amending the North Forty Specific Plan to increase the maximum allowable density from 20 dwelling units per acre to 30 dwelling units per acre and increase the total number of dwelling units allowed in the Specific Plan (Sites D-1, D-2, D-3, D-4, D-5, D-6 and D-7) as discussed in the update process for the 2040 General Plan. Meeting affordability requirements
o The distribution of affordability levels in the Site Inventory is an estimate prepared based on a combination of factors including lot size; vacancy; property owner interest; minimum and maximum density; and other development regulations. The Site Inventory includes a 15 percent buffer to allow flexibility in consideration of development proposals without triggering the No Net Loss provisions of State law. In addition, please see Response to Comment #7, No Net Loss Law.
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Comment Letter #11
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Response to Comment #11
Replacement of Affordable Housing Overlay Zone (AHOZ) with the Housing Element Overlay Zone (HEOZ) with increased density
o The AHOZ Overlay Zone has been replaced with the HEOZ Overlay Zone, which provides increased density for residential and residential mixed-use development. Enable SB-9 projects in excess of minimum State standards o The Town is currently in process to update their SB 9 regulations to implement as a permanent ordinance with clear standards and processes which comply with State law and include provisions in excess of the minimum required, for example, allowing an additional 10 percent FAR for use by the first primary housing unit developed through a Two Unit Housing Development application to encourage these additional housing units.
Reduce permit process time
o The Draft Housing Element includes:
Policy HE-3.1 Regulatory Incentives for Affordable Housing: Facilitate the development of affordable housing through regulatory incentives and concessions, and/or financial assistance. Continue expediting the permit processing system for affordable residential development applications and proactively seek out new models and approaches in the provision of affordable housing. Policy HE-3.3 Efficient Development Processing: Explore continued improvements to the entitlement process to streamline and coordinate the processing of permits, design review, and environmental clearance.
Implementation Program F: Update Permit Software System to better monitor average processing times for ministerial and discretionary development permits. Use data to set baselines timelines to drive improvements. Update the Town planning and zoning regulations and remove permit processing constraints as appropriate.
Implementation Program K: Lot Consolidation: The Town will conduct outreach to property owners in these areas to identify meaningful incentives to facilitate lot consolidation, lot assemblage and redevelopment in mixed-use and commercial areas. Based on this feedback, within two years of Housing Element adoption, the Town will consider the development of a Lot Consolidation Ordinance to include specific incentives such as: flexible development standards such as reduced setbacks, increased lot coverage, increased heights, reduced parking, and reduced fees. Streamlined permit processing through administrative staff review. Upon adoption of the Ordinance, the Town will work with property owners that are receptive to lot consolidation/lot assemblage to assist them in facilitating the parcel merge process in a streamlined and timely manner. Implementation Program AP: Special Needs Housing: Prioritize special needs housing by allowing for reduced processing times and streamlined procedures for applicable zoning/land use applications.
Include preferential handling of special needs populations in management plans and regulatory agreements of funded projects.
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May 2024 Appendix I I-43
Verbal Draft Housing Element Comments
Verbal comments were received on the Draft Housing Element at a HEAB meeting held on Thursday, September 15, 2022, via Zoom. The verbal comments and responses to those comments are presented below.
Verbal Comment #1 Mitch Vinciguerra
The speaker stated three standards that should be included in the Housing Element including: labor standards; healthcare standards; and apprenticeship program standards. The speaker suggested labor standards be implemented to ensure developers are paying area standard wages so skilled workers can afford to live in the local community. Additionally, the speaker emphasizes the value of local hiring to ensure money generated by new developments stay in the community in the form of sales and property tax revenue.
Secondly, the speaker touched on workers’ reliance on emergency rooms resulting in taxing an overburdened system. Lastly, the speaker suggested the use of apprentice programs to assist individuals in obtaining employment at no cost to taxpayers.
Response to Verbal Comment #1
Many of these topics are part of State laws recently enacted or currently under consideration. The Town will comply with State law. These comments do not raise an issue with the Draft Housing Element; therefore, no changes to the Draft Housing Element are necessary.
Verbal Comment #2 Susan Burnett
The speaker stated concerns regarding the number of proposed units for the Downtown Area and existing congestion. The speaker noted that an increase of housing units is likely to result in exacerbated parking, traffic, and overall density challenges in an already small, congested area. Response to Verbal Comment #2
The Housing Element Advisory Board (HEAB) discussed this subject at a public meeting and collectively determined to continue moving forward with including these sites on the Site Inventory List as accepted by Town Council.
Verbal Comment #3 Brian Handy
The speaker stated two concerns including: potential health impacts associated with the proximity of proposed housing sites to major roadways; and the privacy and protection of backyards for multi-story buildings.
Responses to Verbal Comment #3
While there are trade-offs for housing opportunity locations, several factors have been considered through the site selection process, including locations that have existing infrastructure and access to services, even though those locations are often near major roadways. On June 7, 2022, the Town Council accepted the draft Site Inventory as recommended by the HEAB. The Site Inventory has since been modified based on the receipt of a new Property Owner Interest Form and a request to be removed by a property owner. The International Building Code includes some requirements that mitigate effects of buildings in close proximity to highways, including maximum noise standards. Objective Design and Development Standards can be a tool for local communities to affect future land-use compatibility in the built environment, and the Town is currently in the process of developing Objective Standards for multi-family and mixed-use developments which includes standards related to privacy.
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Modifications to the Draft Housing Element in Response to Public Comments Pursuant to AB215, following the 30-day public comment period, the public comments received by the Town were considered during the 10-day consideration and revision period prior to the Housing and Community Development (HCD) submittal for first comments.
The following modifications were made to the Town’s Draft Housing Element in response to public comments:
Added Implementation Program AS – Provide Adequate Sites for Lower Income Households on Nonvacant and Vacant Sites Previously Identified in the 5th Cycle Housing Element; Revised the housing density for the Sites Inventory to be consistent with the typical density identified in the 2040 General Plan Residential Buildout;
Increased the density within the North Forty Specific Plan area to align with the related Implementation Program D;
Increased the density for residential and mixed-use residential developments through the creation of the Housing Element Overlay Zone (HEOZ) as described in Implementation Program AQ and AR; and Corrected employment characteristics.
ITEM NO. 17.
Appendix I. Public Comments
May 2024 Appendix I I-45
Public Comments on the 2023-2031 Housing Element Adopted on January 30, 2023 On January 30, 2023, the Los Gatos Town Council adopted the 2023-2031 Housing Element with modifications to the Sites Inventory. The Adopted 2023-2031 Housing Element was posted showing modifications from the October 2022 Initial Draft Housing Element to the Town’s Housing Element website (EngageLosGatoshousing.com). Notification was provided to all individuals and organizations that previously requested notices, as well as all parties on the Town’s notification list, including those who have previously commented on the Draft Housing Element for the seven-day public review period. The public review period was from February 3, 2023, to February 10, 2023, seven days prior to submittal of the adopted Housing Element to HCD for review consistent with AB 215 requirements, during which the Town received four written public comments.
Comment Response for the 2023-2031 Adopted Housing Element This response to public comments for the Adopted 2023-2031 Housing Element has been prepared to address comments received during the seven-day public review period.
Written Comments
The following written comments were received during the seven-day public review period:
1. Linda Swenberg, email dated February 3, 2023;
2. Jeffrey Barnett, email dated February 3, 2023;
3. Eric S. Phillips on behalf of Burke, Williams, and Sorensen, LLP, email dated February 10, 2023; and
4. Jak Van Nada on Behalf of the Los Gatos Community Alliance, email dated February 10, 2023.
Written Draft Housing Element Comments
Written comments on the Adopted 2023-2031 Housing Element and responses to those comments are presented on the following pages.
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Comment Letter #1
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Response to Comment #1
Fair housing inquires based on race
o The error was corrected.
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Comment Letter #2
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Comment Letter #2 - Attachment
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Response to Comment #2
Expand List of Classes Protected by Discrimination
o Policy HE-6.1 was modified to include an expanded list of classes protected against discrimination.
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Comment Letter #3
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Response to Comment #3
Governmental constraints - story poles
o Added Story Poles discussion under the government constrains section of Appendix C. Story poles are a balance of both governmental constraints and a benefit to the community. Program AW was added to review the Story Pole and Netting Policy and explore options for residential or mixed-use projects with affordable housing to reduce the associated costs of installing story poles. The program’s objective is to consider reducing the cost of development by modifying story pole requirements for affordable housing projects.
Governmental constraints - development impact fees and program exactions o Added discussion in Appendix C, Governmental Constraints, regarding TDM Program Fees, VMT Impact Fees, and Transportation Impact Fees.
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Comment Letter #4
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Response to Comment #4
Planning Commission to provide reasonable standard of objective review of the Draft Housing Element
o On January 11, 2023, the Planning Commission made a recommendation to the Town Council to adopt the Draft 2023-2031 Housing Element with the revised Sites Inventory Analysis and revised Sites Inventory Form. No modifications to the Housing Element are required in response to this comment. Table 10-3 to be updated and additional information added o Updated Table 10-3, Summary of Vacant and Underutilized Housing Sites. Substantial development constraints for North 40 sites D1 – D7 o Program D amends the North Forty Specific Plan to increase the maximum allowable density from 20 dwelling units per acre to 40 dwelling units per acre and increase the total number of dwelling units allowed in the Specific Plan.
o Added new section “Appropriate Density/Default Density” in Appendix D, starting on page D-2 describes the development trends of in residential development in the Town and nearby jurisdictions, capacity information on non-vacant and commercial sites, and examples of residential development that occurred in non-residentially zoned parcels in the Town.
o Added new text to Appendix C, Governmental Constraints or Non-Governmental Constraints to Housing Development.
o Updated achievements and effectiveness of the 5th Cycle Housing Element Programs was added in Appendix E.
Total units and low-income units not adequately analyzed and need adjustment to reflect realistic development for site D-1
o The distribution of units per income level is implemented consistent with State law for sites with a density of 30 or more dwelling units per acre.
Sites D2-D7 have no evidence of redevelopment for the 6th cycle o A new section providing examples of affordable and market-rate residential developments that have occurred on sites that were less than half an acre (small sites) will be added. o Program K, Lot Consolidation, facilitates outreach to property owners to identify meaningful incentives to facilitate lot consolidation, lot assemblage and redevelopment in mixeduse and commercial areas. Based on this feedback, within two years of Housing Element adoption, the Town will consider the development of a Lot Consolidation Ordinance to include specific incentives such as: flexible development standards such as reduced setbacks, increased lot coverage, increased heights, reduced parking, reduced fees, and streamlined permit processing through administrative staff review. Upon adoption of the Ordinance, the Town will work with property owners that are receptive to lot consolidation/lot assemblage to assist them in facilitating the parcel merge process in a streamlined and timely manner. Non-vacant sites accommodate 98% of lower income units and no evidence is provided that existing uses will is continue during the 6th cycle
o Added new section “Appropriate Density/Default Density” in Appendix D, describing development trends in residential development in the Town and nearby jurisdictions, details of the questions provided on the Town’s Property Owner Interest Forms in relation to HCD’s Sites Inventory Guidebook, and provides construction age of most commercial buildings within the Sites Inventory.
ITEM NO. 17.
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Modifications to the 2023-2031 Adopted Housing Element in Response to Public Comments
Pursuant to AB215, following the seven-day public comment period, the public comments received by the Town were considered prior to the Housing and Community Development (HCD) submittal for second comments.
The following modifications were made to the 2023-2031 Adopted Housing Element in response to public comments:
The summary describing the types of Fair Housing Inquires for bias was updated in Chapter 10. Policy HE-6.1 was modified to include an expanded list of classes protected against discrimination. Added Story Poles discussion under the government constraints section of Appendix C. Program AW was added to review the Story Poles and Netting Policy and explore options for residential or mixed-use projects with affordable housing to reduce the associated costs of installing story poles. Added discussion in Appendix C, Governmental Constraints, regarding TDM Program Fees, VMT Impact Fees, and Transportation Impact Fees.
Updated Table 10-3, Summary of Vacant and Underutilized Housing Sites. Added new section “Appropriate Density/Default Density” in Appendix D, starting on page D-2 describes the development trends of in residential development in the Town and nearby jurisdictions, capacity information on non-vacant and commercial sites, and examples of residential development that occurred in nonresidentially zoned parcels in the Town. Added new text to Appendix C, Governmental Constraints or Non-Governmental Constraints to Housing Development.
Updated achievements and effectiveness of the 5th Cycle Housing Element Programs was added in Appendix E.
Added new section providing examples of affordable and market-rate residential developments that have occurred on site that were less than half an acre (small sites), Added new section “Appropriate Density/Default Density” in Appendix D, describing development trends in residential development in the Town and nearby jurisdictions, details of the questions provided on the Town’s Property Owner Interest Forms in relation to HCD’s Sites Inventory Guidebook, and provides construction age of most commercial buildings within the Sites Inventory.
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Public Comments on the March 2023, Draft Revised 2023-2031 Housing Element On January 30, 2023, the Los Gatos Town Council adopted the 2023-2031 Housing Element with modifications to the Sites Inventory, making the finding that it is in substantial compliance with State law. On February 13, 2023, the Town submitted the adopted 2023-2031 Housing Element to HCD for review and comment. As described in the February 13, 2023, letter to HCD, the Town modified Appendix D (Sites Inventory Analysis), and Appendix H (Sites Inventory Form), to assume development at a minimum density. The letter described that the Town was in process of addressing the remaining comments found in the January 12, 2023, HCD Findings/Comment Letter and would be resubmitting a revised Housing Element after the revisions have been completed.
The Draft Revised 2023-2031 Housing Element was posted showing modifications to the Adopted 2023-2031 Housing Element to the Town’s Housing Element website (EngageLosGatoshousing.com). Notification was provided to all individuals and organizations that previously requested notices, as well as all parties on the Town’s notification list, including those who have previously commented on the Draft Revised 2023-2031 Housing Element for the seven-day public review period. The public review period was from March 23, 2023, to March 30, 2023, seven days prior to submittal of the adopted Housing Element to HCD for review consistent with AB 215 requirements, during which the Town received one written public comment.
Comment Response for the Draft Revised 2023-2031 Housing Element This response to public comments for the Draft Revised 2023-2031 Housing Element has been prepared to address comments received during the seven-day public review period.
Written Comments
The following written comment was received during the seven-day public review period:
1. Phil Koen, email dated March 30, 2023.
Written Draft Housing Element Comments
The written comment provided on the Draft Revised 2023-2031 Housing Element and the response to the comment is presented on the following pages.
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Response to Comment #1
Provide clarification regarding modification of adopted housing element o The Town’s Housing Element website and the staff report was updated to clarify that the document being considered is a proposed amendment to the Town’s Adopted Housing Element. Why is the adopted housing element being amended?
o On February 13, 2023, the Town submitted the adopted 2023-2031 Housing Element to HCD. A cover letter was included in the submittal describing that the Town was in the process of addressing all the remaining comments found in the HCD findings/comment letter and would be resubmitting a Draft Revised Housing Element after all the revisions addressing the January 12, 2023, HCD findings/comment letter were completed.
o On February 16, 2023, the Housing Element Advisory Board met to review and discuss the HCD findings/comment letter, and how the comments and findings would be addressed. o On March 16, 2023, the Housing Element Advisory Board reviewed the Draft Revised 2023-2031 Housing Element which included modifications to the Town Council adopted 2023-2031 Housing Element in response to the January 12, 2023, HCD comments.
Modifications to the Draft Revised 2023-2031 Housing Element in Response to Public Comments
Pursuant to AB215, following the seven-day public comment period, the public comments received by the Town were considered prior to the Housing and Community Development (HCD) submittal for second comments.
The following modifications were made to the Draft Revised 2023-2031 Housing Element in response to public comments:
o The Town’s Housing Element website and the staff report was updated to clarify that the document being considered is a proposed amendment to the Town’s Adopted Housing Element.
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Appendix I. Public Comments
May 2024 Appendix I I-73
Public Comment Received on August 22, 2023, Regarding the Los Gatos 2023-2031 Housing Element
On August 22, 2023, the Town received the following email and attachments from Matthew D. Francois on behalf of the Los Gatos Community Alliance. HCD was copied on the email and attachments. The attached letter suggests that the Town needs to expand the sites inventory as preliminary applications for SB 330 have been submitted with less low-income housing than is anticipated in the Draft Revised Housing Element.
Written Draft Housing Element Comments
The written comment provided on the Draft Revised 2023-2031 Housing Element and the response to the comment is presented on the following pages.
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I-74 Appendix I May 2024
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Response to Comment #1
SB 330 Preliminary Applications
o The SB 330 preliminary applications have not been included in the Sites Inventory as they are preliminary and not formal applications and they have not been approved. In the event that formal planning applications are approved that create a shortfall of units in the Town’s Sites Inventory, the Town will need to comply with the State’s “no net loss” provisions. The State “no net loss” law requires that, if and when a project is approved below the density described in the Town’s Housing Element, the Town must rezone sufficient sites to make up the shortfall within six months of project approval. In other words, the “no net loss” provisions kick in upon project approval. The Town intends to comply with the “no net loss” provisions if a project approval results in a shortfall.
ITEM NO. 17.
HCD Draft Revised 2023-2031 Housing Element
I-116 Appendix I May 2024
Public Comment Received on July 31, 2023, Regarding Story Pole Policy Modifications On July 31, 2023, the Town received the following email and attachment from Eric S. Phillips, Partner with Burke, Williams and Sorensen, LLP, representing Grosvenor USA Limited, regarding the Town Council’s consideration of the Town’s Story Pole Policy Modification scheduled for the August 1, 2023, Town Council meeting. HCD was copied on the email and attachments. The attached email describes that Grosvenor USA Limited is the developer for the proposed North Forty Phase II residential development and has interest in the outcome of the Town’s proposed story policy modifications and suggestions.
Written Draft Housing Element Comments
The written comment regarding the story pole policy modification and the response to the comment is presented on the following pages.
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May 2024 Appendix I I-117
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Response to Comment #1
Regarding Story Pole and Netting Policy Modifications o The Housing Element includes a discussion on the Town’s Story Pole and Netting Policy in the government constrains section of Appendix C. Story poles are a balance of both governmental constraints and a benefit to the community. Program AW’s objective is to update the Story Pole and Netting Policy and create options for residential or mixed-use projects with affordable housing to reduce the associated costs of installing story poles. Modifications already approved by Town Council on August 1, 2023, include: use of flag rope instead of netting; reduce story pole requirements for multi-building projects to just represent perimeter of site and tallest buildings; and removal of story pole requirements for projects with 30 percent Below Market Rate housing or 20 percent Low Income or Very Low Income housing. Additional modifications to further reduce impacts of the story pole policy are scheduled for review by the Town Council on December 5, 2023.
Modifications to the 2023-2031 Adopted Housing Element in Response to Public Comments
The following modifications were made to the 2023-2031 Adopted Housing Element in response to public comments:
Program AW was updated, as described above, to reflect Town Council’s approved modifications to the Story Pole and Netting Policy.
ITEM NO. 17.
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May 2024 Appendix I I-123
Public Comments on the September 2023, Draft Revised 2023-2031 Housing Element Pursuant to Government Code 65585(b)(1), the Town has posted the modifications to the Town’s Housing Element website and provided notification to all individuals and organizations that previously requested notices, as well as all parties on the Town’s notification list, including those who have previously commented on the Housing Element. The Draft Revised Housing Element was posted September 22, 2023, through September 29, 2023, seven days prior to the October 2, 2023, submittal of the Draft Revised Housing Element to HCD for review.
During the public comment period the Town received eight written comments.
Comment Response for the September 2023, Draft Revised 2023-2031 Housing Element This response to public comments for the September 2023 Draft Revised 2023-2031 Housing Element has been prepared to address comments received during the seven-day public review period.
Written Comments
The following written comment was received during the seven-day public review period:
1. Lee Qunitana, email dated September 29, 2023;
2. Phil Koen, email dated September 29, 2023 (4:08 p.m.);
3. Phil Koen, email dated September 29, 2023 (1:45 p.m.);
4. Anne Paulson, email dated September 29, 2023;
5. Phil Koen, email dated September 28, 2023;
6. Judy L, email dated September 27, 2023;
7. Steve Piasecki, email dated September 27, 2023; and
8. Jak Van Nada, email dated August 26, 2023.
Written Draft Housing Element Comments
The written comments provided on the September 2023 Draft Revised 2023-2031 Housing Element and the response to comments is presented on the following pages.
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I-124 Appendix I May 2024
Comment Letter #1
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Response to Comment #1
Formatting
Acknowledges public comment on suggested document format changes. Edits and Clarifications
The density for RD has been added to Table C-1. Appendix C. The density is 5-12 dwelling units per acre (2020 General Plan Land Use Category - Medium Density Residential). The number of units that were entitled, permitted, under construction, and finaled from June 30, 2022, to January 31, 2023, as listed in Table 10-3, Table D-2, and Table D-7 of the Draft Revised Housing Element (November 2023) were modified to remove units that were reported to the California Department of Finance.
Programs AD, AP, and AQ, describe the required Zoning Code amends to comply with State law.
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I-128 Appendix I May 2024
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Response to Comment #2
Clarification on 5th cycle Units Carried over to 6th cycle:
After further clarification from HCD the number of units that were entitled, permitted, under construction, and finaled from June 30, 2022, to January 31, 2023, as listed in Table 10-3, Table D-2, and Table D-7 of the Draft Revised Housing Element (November 2023) were modified to remove units that were reported to the California Department of Finance.
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May 2024 Appendix I I-155
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Response to Comment #3
Clarification on 5th cycle Units Carried over to 6th cycle:
After further clarification from HCD the number of units that were entitled, permitted, under construction, and finaled from June 30, 2022, to January 31, 2023, as listed in Table 10-3, Table D-2, and Table D-7 of the Draft Revised Housing Element (November 2023) were modified in yellow highlight to remove units that were reported to the California Department of Finance.
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May 2024 Appendix I I-161
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Response to Comment #4
Programs
o The Housing Element now includes a matrix with actions to ensure the Town’s Housing Element goals affirmatively further fair housing. This matrix includes specific actions, geographic targeting, timelines, and eight-year metrics that aim to address fair housing concerns including fair housing outreach and enforcement, housing mobility, place-based strategies for neighborhood improvement, new housing opportunities in high resource areas, and tenant protection and anti-displacement.
o Program E – The program’s objective is to pursue opportunities to work with an affordable housing developer to construct affordable housing on two of the Town owned properties. The number of affordable units has been increased.
o Program G – The program’s objective is to increase the floor area ratio to promote higher density housing development. A preliminary study will be completed by December 2024 to achieve this objective.
o Program J – The program’s objective is to increase the number of low-rise multi-family developments from the previous year. The number of units has been increased. o Program O – Additional objectives are now included, including a reduction in development impact fees and an increase in the total number of affordable housing units. o Program R – The program amends the Density Bonus Ordinance per State law by December 2024 and will recommend changes to increase the number of units constructed. o Program T – The program commits annually meeting with nonprofit groups on an annual basis to discuss constraints to development and develop strategies and actions for affordable housing development, especially meeting affordable housing needs for extremely low-income households and developing incentives for affordable housing. o Program Y – The program describes the Town’s commitment to continue to provide funding to WVCS for homeless persons services.
o Program Z – The program is to study and implement recommendations with regard to the Town’s Rental Dispute Mediation and Arbitration Ordinance 2128 to help further stabilize rents for long-term residents. The study will be completed by January 2025 and implemented into the Town Code by June 2025.
o Program AA – The program commits to initiate a study to determine specific updates for the Municipal Code to address reduction in parking requirements including: align parking requirements with the preparation of the Objective Design Standards; reduce parking requirements near transit, remove guest parking requirements; and allow parking to unbundled from residential units. The study is to be completed by January 2025 and implemented into the Town Code by June 2025.
Program AQ – The rezonings and creation of the Housing Element Overlay Zone (HEOZ) has been recommended by Planning Commission and introduced by Town Council on November 7, 2023.
The rezoning is scheduled to be adopted by Town Council on November 21, 2023. Program AV, Senate Bill 9 Monitoring - The inclusion of Senate Bill 9 units in the Housing Element towards meeting the Town’s RHNA was removed from the Draft Revised Housing Element (November 2023).
BMP Housing Program In-Lieu Fees
o The Below Market Price Housing Program In-Lieu fees are allocated as directed by Town Council through the Town’s annual Strategic Priorities. Every year the Town Council identifies their Strategic Priorities as an initial step in the budget development process. The Town Council has made affordable housing partnerships a 2023-2025 Strategic Priority.
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I-166 Appendix I May 2024
Affirmatively Furthering Fair Housing
o AFFH – Goals to affirmatively further fair housing have been strengthened through specific actions, geographic targeting, and eight-year metrics outlined in a new implementation table.
The Town has outlined place-based strategies for neighborhood improvement with geographic targeting to ensure areas with additional need, including areas with proposed lower income RHNA units, are adequately served.
Sites Inventory Locations
o The sites within the Sites Inventory were based on property owner interest to develop residential within the planning period. The sites in the Sites Inventory do not saturate one specific set of income category in a specific location, rather they are spread throughout the Town. The sites in the Sites Inventory are spread throughout Town and were selected for their proximity to Town services and amenities, such as parks, high quality schools, shopping, and local Valley Transportation Authority bus transit that links to regional light rail transit. Minimum Lot Size for Single Family
o The Town’s minimum residential lot size is 5,000 square feet in the R-1D zone. o SB 9 allows for a minimum residential lot size of 1,200 square feet. Duplexes/Two-Family Dwellings
o Two family dwelling units are permitted in the R-1D , R-D, and R-M zones. o ADUs and Junior ADUs are permitted in the RC, HR, R-1, R-1D, R-D, R-M zones in conjunction with a single-family home, resulting up to three units per parcel. o SB 9 is allowed on a legal parcel located within a single-family residential zone (R-1 or SingleFamily Residential Zone; R-1D or Single-Family Residential Downtown Zone; HR or Hillside Residential Zone), excluding historic properties, hazardous waste sites, sites withing earthquake fault zones, flood zone, natural habitat, prime farmland, and wetlands. SB 9 allows up to four units per parcel.
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Response to Comment #5
SB 330 Applications
o The Town has received direction from HCD that No Net Loss law is only applicable once a project has been approved. The preliminary and formal SB 330 applications that the Town has received have not been approved.
Clarification on 5th cycle Units Carried over to 6th cycle:
o After further clarification from HCD the number of units that were entitled, permitted, under construction, and finaled from June 30, 2022, to January 31, 2023, as listed in Table 10-3, Table D-2, and Table D-7 of the Draft Revised Housing Element (November 2023) were modified in yellow highlight to remove units that were reported to the California Department of Finance. ADU Income Distribution
o ADU income distribution is based guidance provided in the “Using ADU’s to Satisfy RHNA” Technical Memo provided by the Association of Bay Area Governments.
ITEM NO. 17.
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May 2024 Appendix I I-225
Comment Letter #6
Response to Comment #6
Building Height
o The Alberto site is located in the Town’s Sites Inventory and was rezoned with a Housing Element Overlay Zone (HEOZ). The HEOZ overlay in a CH allows for a 45-foot-tall building height to encourage residential development. The property owner has applied for a formal SB 330 application which proposes an approximately 50-foot tall building. Under State law the applicant has asked for a waiver for height.
The application is pending.
Alternative Site
o The two sites located north of the 15600 Los Gatos Boulevard property are in the Housing Element’s Site’s Inventory as Site C-9 (15480 Los Gatos Boulevard and 15550 Los Gatos Boulevard).
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Comment Letter #7
Response to Comment #7
New Development
o Each project will be evaluated independently depending upon the site and proposed scope of work.
Traffic, noise, air mitigations, off-site improvements, and dedications, etc. will be evaluated through development review and CEQA review.
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Response to Comment #8
Penalties
The Town knowledges the public comment expressing concerns regarding penalties for not having a certified housing element, including potential builder’s remedy projects. Staff and the Town’s Consultant continue to work diligently with the Town’s HCD reviewer to address HCD’s comments to achieve a certified Housing Element as quickly as possible.
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I-232 Appendix I May 2024
Summary Modifications to the Draft Revised 2023-2031 Housing Element in Response to Public Comments
Pursuant to AB215, following the 7-day public comment period, the public comments received by the Town were considered prior to resubmitting to HCD. The following modifications were made to the Town’s Draft Housing Element in response to public comments:
o The density for RD has been added to Table C-1. Appendix C. The density is 5-12 dwelling units per acre (2020 General Plan Land Use Category- Medium Density Residential). o The number of units that were entitled, permitted, under construction, and finaled from June 30, 2022, to January 31, 2023, as listed in Table 10-3, Table D-2, and Table D-7 of the Draft Revised Housing Element (November 2023) were modified to remove units that were reported to the California Department of Finance.
o The Housing Element now includes a matrix with actions to ensure the Town’s Housing Element goals affirmatively further fair housing. This matrix includes specific actions, geographic targeting, timelines, and eight-year metrics that aim to address fair housing concerns including fair housing outreach and enforcement, housing mobility, place-based strategies for neighborhood improvement, new housing opportunities in high resource areas, and tenant protection and anti-displacement. o Programs objectives and timelines modified. The inclusion of SB 9 units in the Housing Element towards meeting the Town’s RHNA was removed from the Draft Revised Housing Element (November 2023). o Goals to affirmatively further fair housing have been strengthened through specific actions, geographic targeting, and eight-year metrics outlined in a new implementation table. The Town has outlined placebased strategies for neighborhood improvement with geographic targeting to ensure areas with additional need, including areas with proposed lower income RHNA units, are adequately served.
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May 2024 Appendix I I-233
Public Comments on the November 2023, Draft Revised 2023-2031 Housing Element Pursuant to Government Code 65585(b)(1), the Town has posted the modifications to the Town’s Housing Element website and provided notification to all individuals and organizations that previously requested notices, as well as all parties on the Town’s notification list, including those who have previously commented on the Housing Element. The Draft Revised Housing Element was posted November 16, 2023, through November 27, 2023, seven days prior to the November 28, 2023, submittal of the Draft Revised 2023-2031 Housing Element, implementing changes in response to comments in the Draft Preliminary Review Matrix provided by HCD on November 7, 2023, to HCD for review. During the public comment period the Town received one written comment.
Comment Response for the November 2023, Draft Revised 2023-2031 Housing Element This response to public comments for the November 2023 Draft Revised 2023-2031 Housing Element, implementing changes in response to comments in the Draft Preliminary Review Matrix provided by HCD on November 7, 2023, has been prepared to address comments received during the seven-day public review period.
Written Comments
The following written comment was received during the seven-day public review period:
1. Los Gatos Community Alliance (“LGCA”)
Written Draft Housing Element Comments
The written comments provided on the November 2023 Draft Revised 2023-2031 Housing Element, implementing changes in response to comments in the Draft Preliminary Review Matrix provided by HCD on November 7, 2023, and the response to comments are presented on the following pages.
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Response to Comment #1
RHNA Surplus
o The method for calculating the percentage of the surplus is consistent with other Santa Clara County jurisdictions who have received certification of their Housing Element. Additionally, this method has been utilized by the Town’s Housing Element consultant with approximately 40 jurisdictions who have received certification of their Housing Element. The buffer of 25 percent, as identified in Implementation Program AS is a reflection of the March 2023 version of the Draft Revised Housing Element and could be revised to reflect the November 2023 version of the Draft Revised Housing Element, which provides a 24 percent buffer. Projected ADU Affordability
o The income and affordability distribution of ADU’s in the Housing Element was based on a technical memorandum prepared by the Association of Bay Area Governments (ABAG), titled ‘Using ADU’s to Satisfy RHNA Technical Memo.’ The ABAG information provided by the LGCA was a draft version. The Town is utilizing the recommended percentages, provided in the final version of the ABAG technical memorandum.
SB330 Impact
o The Town has received direction from HCD that No Net Loss law is only applicable once a project has been approved. The preliminary and formal SB 330 applications that the Town has received have not been approved. If and when a formal application is submitted and the project is approved that will trigger the “no net loss” requirements, and the Town will comply with the “no net loss” requirements.
No Net Loss Buffer
o As discussed in the response to comment #3, the Town has received direction from HCD that No Net Loss law is only applicable once a project has been approved. The preliminary and formal SB 330 applications that the Town has received have not been approved. If and when a formal application is submitted and the project is approved that will trigger the “no net loss” requirements, and the Town will comply with the “no net loss” requirements. Program References to Town’s Affordable Housing In Lieu Fund o The Below Market Price (BMP) housing in-lieu fees must be used for affordable housing purposes and are allocated as directed by the Town Council as part of the budgeting process.
Every year the Town Council identifies their strategic priorities as an initial step in the budget development process. The Town Council has made affordable housing partnerships a 2023- 2025 Strategic Priority.
ITEM NO. 17.
HCD Draft Revised 2023-2031 Housing Element
I-250 Appendix I May 2024
Summary Modifications to the November 2023, Draft Revised 2023-2031 Housing Element in Response to Public Comments
Pursuant to AB215, public comments provided during the seven-day public comment period above were considered prior to resubmitting to HCD and it was determined that no revisions were required to the Draft Revised 2023-2031 Housing Element (November 2023).
ITEM NO. 17.
The Environmental
Analysis can be
accessed at
www.losgatosca.gov/
HousingElement.
ATTACHMENT 2
ITEM NO. 17.
This Page
Intentionally
Left Blank
ITEM NO. 17.
The Draft Revised
Housing Element (May
2024), Track Changes
can be accessed at
www.losgatosca.gov/
HousingElement.
ATTACHMENT 3
ITEM NO. 17.
This Page
Intentionally
Left Blank
ITEM NO. 17.
Town of Los Gatos Draft 4 Preliminary Review
Received 03/18/2024
Prior Review: 12/01/2023
Sent: 4/26/2024
Conversations: 4/26/2024
Yellow= November; Blue= December Informal; Green= February Informal; Grey= March Formal Prior HCD Finding Page # Prelim
Review
Notes
Affirmatively Furthering Fair Housing
Income and Racial Concentration Area of Affluence
(RCAA): The element now includes actions to promote an
inclusive community; however, the element must provide
specific analysis of income and RCAA at a regional level (town compared to the broader region) to better formulate appropriate policies and programs. The analysis should at least address trends, conditions, coincidence with other fair housing factors (e.g., race, highest resource, overpayment), effectiveness or absence of past strategies (e.g., lack of publicly assisted housing and lack of multifamily zoning), local data and knowledge and other relevant factors.
A-69- Yes
Contributing Factors to Fair Housing Issues: Based on a complete analysis, the element should re-assess and
prioritize contributing factors to fair housing issues. For example, the Town is wholly a RCAA, highest resource and highest median incomes in contrast to the rest of the region.
As a result, fair housing issues such as the lack of
affordable housing and segregation from the rest of the region should be a high priority.
A-16- Yes
Goals and Actions: As noted above, the element must
include a complete analysis of affirmatively furthering fair 10-42-
10-77-
Yes Housing Mobility Programs J, L,
Q, T,O, AY, AV
ATTACHMENT 4
ITEM NO. 17.
housing (AFFH). The element must be revised to add goals and actions based on the outcomes of a complete analysis.
In addition, while the element includes some actions toward AFFH and enhancing housing mobility (e.g., choices and
affordability), actions should be added, numeric targets should be increased, and geographic targeting should be fine-tuned to better promote inclusive neighborhoods
throughout the Town. This is particularly important since over 80 percent of the lower-income regional housing need allocation (RHNA) is isolated in two census tracts. As noted in HCD’s prior review and the assessment of fair housing, the Town is wholly a racially concentrated area of affluence, highest resource and highest median incomes in contrast to the rest of the region.
These conditions and circumstances warrant significant and robust actions (not limited to the RHNA) to promote housing mobility and increasing housing choices and affordability throughout the Town, including lower-density
neighborhoods. Actions should be added and revised with aggressive numeric targets and geographic targets
throughout the Town, including lower-density
neighborhoods. Examples include creating more housing
choices and affordability in single-family neighborhoods beyond complying with law (e.g., SB 9, ADUs) such as
missing middle housing types, targeting affordable housing funding, homesharing, more than one unit of converted
space within a single-family structure, increased multifamily capacity, enhanced efforts on religious institutional sites and other alternative land use and financing strategies.
Sites Inventory, Analysis and Adequate Sites
Small Sites: The element identifies several sites with
parcels less than a half-acre (p. D-13) that have common ownership and, in some cases, expressed interest to
redevelop the site. For small sites with expressed interest in redevelopment, the element should clarify that the
expressed interest is also in consolidating the sites. For the 10-49
D-11
Yes Program K
ITEM NO. 17.
remaining sites (Sites D
-2 and D-5), the element should
explain the circumstances leading to the potential for
consolidation such as necessity to consolidate due to
access, feasibility, shape, or site planning flexibility. Based on the outcomes of this analysis, the element should add or modify Program K (Lot Consolidation) to further promote lot consolidation, if appropriate.
Electronic Sites Inventory: For your information, while the Town has submitted an electronic sites inventory as part of this submittal, pursuant to Government Code section
65583.3, the Town must submit an electronic sites
inventory with its adopted housing element. Please see
HCD’s housing element webpage at
https://www.hcd.ca.gov/planning-andcommunity-
development/housing-elements for a copy of the form and instructions. The Town can reach out to HCD at
[email protected] for technical assistance.
FYI Submitted 11/28/2023; re-
submit if any changes
Adequate Sites Programs: As noted in the prior review, if necessary to make appropriate zoning available to
accommodate the lower-income RHNA, programs must be
revised to meet all requirements pursuant to Government Code section 65583.2, subdivisions (c), (h) and (i). The element includes Programs D (Program By Right Zoning
Text Amendment to Accommodate RHNA), AR (General
Plan Amendment) and AS (Adequate Sites for Housing) to
address these requirements. With respect to sites identified in prior planning periods, the element meets statutory
requirements, but these actions must be completed by
January 31, 2024. With respect to a shortfall of adequate sites to accommodate the lower-income RHNA, the element includes Programs AR and AS. However, the Programs
commit to the appropriate zoning given the rezoning occurs after the statutory deadline of January 31, 2023. HCD
understands the Town completed the rezoning after the
statutory deadline and, therefore, the rezoning must meet all by right requirements pursuant to Government Code
section 65583.2, subdivisions (h) and (i). Based on a
cursory review, the rezoning does not appear to meet these Yes Rezone ordinance 2347, Ord
2348, Ord 2349, Ord 23507;
ITEM NO. 17.
requirements. As a result, these programs must clearly
commit to meet all by-right requirements by January 31, 2024
In addition, please be aware, the recent California appellate decision in Martinez v. City of Clovis found that while overlays can be used in a rezone, when the base zone
allows residential development, both the base zone and the overlay zone must comply with the minimum density
requirements of Government Code section 65583.2,
subdivision (h). The Town may need to adjust its rezoning strategy if the underlying zoning for sites that will be rezoned allows minimum densities less than 20 dwelling
units per acre. Martinez v. City of Clovis (2023) 90
Cal.App.5th 193, 307 Cal.Rptr.3d 64.
FYI
Governmental Constraints
Land Use Controls: HCD’s prior review found that the Town must list and evaluate development standards in the North Forty Specific Plan and High Density Residential and
Commercial designation. In response, the Town has now
listed development standards by each zoning district but should also analyze those development standards for
impacts on housing supply and cost and most importantly, the ability to encourage maximum densities without
exceptions. For example, lot coverages, heights, and
setbacks in the Multifamily Residential (RM) zone; and lot coverage heights and guest parking requirements in the
North Forty Specific Plan could be constraints. Based on the outcomes of a complete analysis, the element should add or modify programs to include specific commitment to review and revise these development standards as
necessary.
10-43-
10-46-
10-60-
C-8
Yes~ ProgramsD, J and AA
Local Processing and Permit Procedures: The element now discusses decision-making bodies and lists approval
findings for the Architecture and Site Application. However, the element should also analyze these processes to better inform programs to address identified constraint. For
example, the element mentions the decision-making body
depends on the scope of the application. The element
10-71
C-41-
~/Yes Program AQ
ITEM NO. 17.
should explain the scope, resulting decision
-making body
and impacts on approval timing and certainty. In addition, the element lists approval findings and concludes some
findings may be constraints then modifies Program AQ
(Zoning Code Amendments) to amend approval findings
(considerations). But the element should discuss which
approval findings may be constraints to better inform
implementation of Program AQ.
Housing Programs: Governmental Constraints
Programs: As noted above, the element requires a
complete analysis of potential governmental constraints.
Depending upon the results of that analysis, the Town may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, programs should be revised, as follows:
Program D (Additional Capacity for the North Forty Specific Plan): The Program should also commit to establish or
modify development standards to facilitate achieving
maximum densities, regardless of the level of affordability and should specify to either remove the unit cap or increase the unit cap to allow maximum build out of each parcel, including State Density Bonus Law or other circumstances that might warrant increasing allowable densities.
10-43Yes
Program V (Housing opportunities for Persons living with Disabilities): Given the importance of promoting housing access for persons with disabilities, the Program could be modified with a date earlier in the planning period (e.g., by December 2024).
10-57 Yes
Program AA (Reduce Parking Standards): The Program
currently commits to “Initiate a study to determine specific updates…” While initiating a study and making a
determination are important steps by themselves, these
actions do not result in outcomes. The Program should
clearly commit to amending the municipal code. For
example, the Program could commit to: “Initiate a study and outreach, including with developers, and amend the
Municipal Code, as follows…”
10-60 Yes
ITEM NO. 17.
Program AQ (Zoning Code Amendments): The Program
commits to apply the Housing Element Overlay Zone
(HEOZ) to identified sites and modify development
standards. HCD understands this action has been
completed. Based on a cursory review of the Town’s
Ordinance 2347, some development standards such as
heights may be a constraint on achieving maximum
densities. As a result, this Program should commit to
monitor and evaluate these development standards,
including outreach with the development community, and
making adjustments, as appropriate, by a specified date. 10-70 Yes
Program AW (Story Poles and Netting Policy): While the
Program now commits to revise Story Poles and Netting
Policy Requirements; these requirements are constraints and impact housing costs; supply (number of units) and
approval certainty and should be removed or replaced with cost effective measures to promote certainty for the
developers and the community. Further, the element should evaluate the effectiveness of any future requirements or measures, and making adjustments, as necessary, by a
specified date (e.g., by 2028).
10-76
C-38
Yes
Housing Programs: ADU
Program Q Accessory Dwelling Units (ADU): While the
Program now commits to amend the ADU Ordinance, it
must also commit to establish incentives such as modifying development standards (e.g., heights), pursuing funding; waiving fees beyond ADU law; proactive marketing and
establishing points of contact to ease permitting processes.
In addition, the Program commits to monitor production and affordability of ADUs annually but should also commit to making adjustments by a specified date (e.g., within six months) if production and affordability are not meeting assumptions. Further, the Program should clearly commit to options beyond incentives such as rezoning if production and affordability far differs from assumptions.
10-52- Yes
Public Participation
ITEM NO. 17.
Public participation in the development, adoption and
implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.
Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD. HCD particularly encourages the Town to continue engaging commenters on
this review. These comments contained valuable insights that can result in a more effective housing elements, especially related to programs and specific commitment. HCD’s future reviews will continue to consider the extent to which the revised element documents how the Town solicited,
considered, and addressed public comments in the element.
The Town’s consideration of public comments must not be limited by HCD’s findings in this review letter.
10-14-
I-232-
Cover
letter
Yes~
Other Revisions
Sites summary 10-34
CalTrans Site ?
Other (HCD use only)
Public comments Yes/? Any additional public comments
submitted?
Document availability Yes
Rezone timing Yes Rezone ordinance 2347
Resolution Received? NA
50% nonvacant resolution FYI
Electronic sites inventory FYI Must submit with adopted HE AB 2339 10-68
C59-
Yes Program AP
ITEM NO. 17.
Overlay Yes HE Overlayzone Rezone
ordinance 2347, Ord 2348, Ord
2349, Ord 23507;
Modification Authority FYI
ITEM NO. 17.
HCD Revised Draft Revised 2023-2031 Housing Element
10-70 HCD Revised Draft Revised 2023-2031 Housing Element MarchSeptemberNovemberJanuary March 20232024
Programs
Quantified Objective
Increase affordable housing on religious sites
Performance Metric(s)
Number of units entitled per AB 2244
BE Community Education on Housing Needs
Provide education on the problems and needs
of affordable housing as a means of changing
negative attitudes towards the provision of
affordable housing.
Implementation
HE-6.4 Affordable Housing Awareness
Responsible Department/Review Authority
Community Development Department
Timeframe
Ongoing and annual effort
Funding Source
None required
Quantified Objective
Provide education annually
Performance Metric(s)
Number of education opportunities provided
annually
BFAQ Zoning Code Amendments
Amend the Zoning Code to comply with
State law and ensure adequate sites are
available to accommodate the identified
sites in the Sites Inventory. These Code
revisions include:
Amend the Zoning Code to include a
Housing Element Overlay Zone
(HEOZ) to apply to the sites included
in the Site Inventory to modify the
development standards (i.e., density,
lot coverage, FAR, height) on those
sites. The Town will commit to
monitoring and evaluating the HEOZ
development standards and complete
first evaluation of said standards by
December 2026 and then annually
thereafter, including outreach with the
development community, and making
adjustments as necessary. If it is
determined that adjustments are
needed, they will be completed within
six months of the annual evaluation.
The amended HEOZ Ordinance is
projected to be adopted by the Town
Council in March of 2024.
Amend the Affordable Housing
Overlay Zone to increase the
Implementation
HE-1.1 Adequate Sites
HE-1.2 Multi-family Housing Densities
HE-2.11 Smart Growth
Responsible Department/Review Authority
Community Development Department
Timeframe
Complete rezonings by January 31, 2024, and
monitoring and evaluation of the HEOZ
developments standards by December 2026.
Funding Source
General Plan Update Fund
Quantified Objective
Amend the Zoning Code consistent with the
Housing Element timing
Performance Metric(s)
Number of affordable homeownership units entitled
and numbers of units entitled for moderate, low,
and very-low households and adopt the Zoning
Code amendments
ATTACHMENT 5
ITEM NO. 17.
10. Housing Element
JanuaryMarchNovemberSeptember March 2023 2024 HCD Draft Revised Draft 2023-2031 Housing Element
10-71
Programs
maximum allowable density from 20
dwelling units per acre to 40 dwelling
units per acre.
Clarify the text of the non-residential
zones regarding housing.
Rezone the Caltrans Right-of-Way –
Site E3 from R:1:8 to R-M:5-12. Take
additional steps to make the site
available for residential development,
including decertification, by the end of
2026. If by 2027 the site has not
progressed to be available for
residential development in the
planning period, identify and add
additional sites, if necessary, by
2028.
Amend the Accessory Dwelling Unit
Ordinance.
Amend the Density Bonus Ordinance.
Amend the Architecture and Site
considerations for a multi-family and
mixed-use project to make them
objective and provide certainty in
outcomes.
Amend the Architecture and Site
findings for a multi-family and mixeduse project to make them objective and provide certainty in outcomes of
the application review. Specifically,
address Finding (4) relating to site
layout and Finding (6) relating to the
exterior architectural design of
buildings and structures. These
findings can be considered subjective
and open to interpretation.
Amend the Conditional Use Permit
findings for a multi-family and mixeduse project to make them objective and provide certainty in outcomes of
the application review. Specifically,
address Finding (1) relating to use of
the property as desirable to the public
convenience and Finding (2) relating
to the integrity and character of the
zone. These findings can be
considered subjective and open to
interpretation.
Amend the Zoning Code to clarify that
the Town will comply with Section
65852.3 of the Government Code to
allow the installation of manufactured
homes.
ITEM NO. 17.
HCD Revised Draft Revised 2023-2031 Housing Element
10-72 HCD Revised Draft Revised 2023-2031 Housing Element MarchSeptemberNovemberJanuary March 20232024
Programs
Amend the Zoning Code to align the
private open space and the
community recreation space
requirements for a multi-family and
condominium project with the
Objective Design Standards.
Amend the Zoning Code to align
parking requirements for a multifamily and condominium project with the preparation of the Objective
Design Standards.
BGAR General Plan Amendment
Amend the General Plan to modify the
designation of 16492 Los Gatos
Boulevard and Parcel 532-07-086 from
Low Density Residential to Neighborhood
Commercial, modify the designation of the
Cal Trans Right-of-Way from Low Density
Residential to Medium Density
Residential, and establish new maximum
densities for the High Residential,
Medium Density Residential, Low Density
Residential, Mixed-Use, Neighborhood
Commercial, and Central Business
District land use designations to provide
for the development of housing for the
sites in the Site Inventory. See Program
BFAQ.
As individual elements of the General
Plan are amended, the Town will review
and revise related elements impacted to
ensure internal consistency.
By-right approval without discretionary
review: Pursuant to State law, the
following types of sites used to fulfill the
Town’s lower income RHNA will be
subjected to by-right approval without
discretionary review pursuant to
Government Code section 65583.2(H)
and (I) when 20 percent or more of the
units are affordable to lower income
households:
Rezone Sites: All sites that are to
be rezoned with the Housing
Element Overlay Zone (HEOZ) as
identified in Appendix D, given
that the rezoning occurs after the
statutory deadline of the Housing
Element (January 31, 2023).
Implementation
HE-1.1 Adequate Sites
HE-1.2 Multi-family Housing Densities
HE-2.11 Smart Growth
Responsible Department/Review Authority
Community Development Department
Timeframe
Complete General Plan amendments by January
31, 2024
Funding Source
General Plan Update Fund
Quantified Objective
Adopt General Plan amendments consistent with
the Housing Element timing.
Performance Metric(s)
Adopt General Plan amendments.
ITEM NO. 17.
HCD Draft Revised Draft 2023-2031 Housing Element
D-52 Appendix D March SeptemberNovemberJanuaryMarch 20242023 Site E-3 Caltrans Right of Way
Address: Caltrans Right of Way
APN: N/A
Number of Housing Units: 69
“By Right” + 20% Affordable: Not Required – Not used in previous cycle.
Description: The Caltrans Right of Way Site (E-3) is located in the Lark Avenue Area south and west of the Highway 17/Highway 85 interchange. The site is currently vacant. Major arterial highways are located north and east of the site. Commercial uses are located west of the site across Oka Road, and the Bonnie View mobile home park is located immediately south of the site. Should tThe site be annexed by the Town, it is designated as Medium-Density Residential and zoned as R-M:5-12, which would accommodate 69 housing units developed at a minimum density of 14 du/ac.
Amenities: The closest public school is Raymond J. Fisher Middle School and is approximately
2.1 miles away. The closest public transit line is a Valley Transporation Authority bus stop located at Los Gatos Bouelvard and Lark Avenue and is approximately 0.8 miles away.
Property Owner Interest Form Submitted: No, the Town has yet to reach out to Caltrans regarding future development of the site.
Constraints: Consultation with Caltrans for future development.
Figure D-34 Caltrans Right of Way (Site E-3)
ITEM NO. 17.
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
May 3, 2024
Joel Paulson, Director
Community Development Department
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Dear Joel Paulson:
RE: Town of Los Gatos’ 6th Cycle (2023-2031) Revised Draft Housing Element Thank you for submitting the Town of Los Gatos’ (Town) revised draft housing element that was received for review on March 18, 2024, along with edits that were received on April 26, 2024. In addition, the California Department of Housing and Community Development (HCD) received Rezone Ordinances 2347, 2348, 2348, and 2350. Our review was facilitated by a conversation on April 26, 2024 with yourself, Jennifer Armer, Planning Manager; Jocelyn Shoopman and Erin Walter, associate planners; and Veronica Tram, the Town’s consultant. In addition, HCD considered public comments from Los Gatos Community Alliance, Silicon Valley at Home and Burke, Williams, and Sorensen pursuant to Government Code section 65585, subdivision (c). Pursuant to Government Code section 65585, HCD is reporting the results of its review.
The revised draft element, incorporating the edits, meets the statutory requirements of State Housing Element Law (Gov. Code, § 65580 et seq) and addresses the statutory requirements described in HCD’s December 1, 2023 review. This finding is based on, among other things, completion of Programs D (Additional Housing Capacity for the North Forty Specific Plan), AR (General Plan Amendment), and AS (Provide Adequate Sites for Housing, Regional Housing Needs Allocation (RHNA) Rezoning, and LowerIncome Households on Nonvacant and Vacant Sites Previously Identified). The housing element will substantially comply with State Housing Element Law when it is adopted, submitted to, and approved by HCD, in accordance with Government Code section 65585.
For your information, if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households, the housing element must demonstrate that the existing use is not an impediment to additional residential development in the planning period (Gov. Code, § 65583.2, subd. (g)(2).). This can be demonstrated by providing substantial evidence that the existing use is likely to be discontinued during the planning period (Gov. Code, § 65583.2, subd. (g)(2).).
ATTACHMENT 6
ITEM NO. 17.
Joel Paulson, Director
Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA. The Town must make these findings as part of its adoption resolution. Please see HCD’s Guidance memo (p. 27) for additional information: https://www.hcd.ca.gov/community-development/housingelement/housing-element-memos/docs/sites_inventory_memo_final06102020.pdf.
Pursuant to Government Code section 65583.3, subdivision (b), the Town must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory. While the Town has submitted an electronic version of the sites inventory, if changes occur, any future re-adopted versions of the element must also submit the electronic version of the sites inventory.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities programs, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the Town meets housing element requirements for these and other funding sources.
HCD appreciates the hard work and dedication the entire Town staff provided in preparation of the Town’s housing element and looks forward to receiving the Town’s adopted housing element. If you have any questions or need additional technical assistance, please contact Jose Armando Jauregui, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
ITEM NO. 17.
Public Comments Received by the Town of Los Gatos
During the Seven-Day Public Review Period of the
Draft Revised 2023-2031 Housing Element
May 8, 2024 to May 15, 2024
ATTACHMENT 7 Page 1086
ITEM NO. 17.
-----Original Message-----
From: quintana < >
Sent: Wednesday, May 15, 2024 4:54 PM
To: Housing Element <[email protected]>
Subject: Comment on 6th Revised Draft of the the Housing Element [EXTERNAL SENDER]
Re: Comments on Draft Revised 6th Cycle of the Housing Element From Lee Quintana Phone: 408-
Affiliation: I currently serve on the Historic Preservation Committee but I am commenting as a resident.
Chair the Mayor and Town Council:
I hear a big sigh of relief from all the Los Gatos Residents who have been following the Housing Element process not that the Towns draft 6th Cycle Housing Element is nearing adoption and certification. The Town has reached an important milestone. However, implementing the adopted Housing Element still represent a significant challenge.
Currently there are many parcels within the town where the zoning map designation that is not consistent with the 2020 General Plan or with the existing land use. The two maps need to be brought into consistency with one another and with the actual land use on the sites.
Additionally, there seems to be considerable confusion regarding the difference between the General Plan Medium Density designation (5-12) and the Zoning Code designations which both allow the same density range. (RD, R-1D and RM5-12). In part this is because the zoning code has not been updated to reflect the changes made to land use designations made during the 2000 General Plan Update.(1). It is also in part, probably due to confusion related to the difference between the allowed density range and the permitted uses under the R-1D and RD zoning districts. The zoning code itself should also be updated to be consistent with the 2000 changes.
I believe it is important to amend the zoning code consistent with the intent of the 2000GP designation changes and to clarify or consider changes to the zoning designation to avoid confusion - before beginning working on implementing programs such as Program J. (1)
Short History of General Plan Changes to the General Plan Designation between 1997 Land Use Amendments and the 2000 General Plan Update.
1997 General Plan Amendments:
Medium Density Residential 5-12 DU/acre (zoning code=RD, R-1D and RM5-12) High Density Residential 5-20 DU/acre High Density Residential 20+
2000 GP modifications (deleted overlap between medium and high density residential) Medium Density 5-12 DU/acre High Density 12-20 DU/acre
ITEM NO. 17.
The March 22, 2024
Planning Commission staff
report and exhibits can be
accessed at:
htps://losgatosca.municodemee�ngs.com/
ATTACHMENT 8
ITEM NO. 17.
This Page
Intentionally
Left Blank
ITEM NO. 17.
LOS GATOS PLANNING COMMISSION 5/22/2024, Item #3,
Draft Revised 2023-2031 Housing Element
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Steve Raspe, Chair
Emily Thomas, Vice Chair
Jeffrey Barnett
Susan Burnett
Melanie Hanssen
Kathryn Janoff
Adam Mayer
Town Manager: Laurel Prevetti
Community Development
Director:
Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 9
ITEM NO. 17.
LOS GATOS PLANNING COMMISSION 5/22/2024, Item #3,
Draft Revised 2023-2031 Housing Element
2 1
2 3
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6 7
8 9
10 11
12 13
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P R O C E E D I N G S:
CHAIR RASPE: We now move to the public hearings
portion of our agenda. Tonight Item 3 is the consideration and the recommendation to Town Council for the adoption of the Draft Revised 2023-2031 Housing Element. The
environmental analysis based on the previously certified 2040 Certified General Plan Final Environmental Impact
Report has been prepared for Los Gatos the 2023-2031
Housing Element. The Applicant is the Town of Los Gatos.
This is General Plan Amendment Application GP-24-001.
I believe that Ms. Walters will be providing the
Staff Report.
ERIN WALTERS: Good evening, Chair, Vice Chair
and Commissioners.
On May 3rd the Town received a letter from HCD
stating that the Town’s Draft Revised Housing Element,
which was submitted to HCD on March 18th per Council’s
direction, along with specific technical modifications
directed by HCD, meets the statutory requirements of the State housing law.
ITEM NO. 17.
LOS GATOS PLANNING COMMISSION 5/22/2024, Item #3,
Draft Revised 2023-2031 Housing Element
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2 3
4 5
6 7
8 9
10 11
12 13
14 15
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The specific modifications directed by HCD can be
found in Exhibit 5 in grey highlight. The requested
modifications included adding language to Program AQ to reflect additional steps related to development of the
Caltrans site, and modified language in the description of the Caltrans site as described in Appendix D.
The Draft Revised Housing Element with specific
technical modifications directed by HCD was made available to the public for a seven-day review period as required by Assembly Bill 215. Written comments received during the seven-day public review period are provided in Exhibit 7.
The primary purpose of this agenda is for the
Planning Commission to provide recommendation to Town
Council on whether to adopt the Draft Revised Housing
Element and adopt a resolution forwarding the
recommendation to Town Council.
Tentatively on June 4th Town Council will consider
Planning Commission’s recommendation of adoption of the Draft Revised Housing Element. Once adopted by the Town Council the Housing Element will be submitted to HCD for certification. Following the adoption and resubmittal HCD does have 60-days to certify the Housing Element.
Tonight Staff recommends that the Planning
Commission recommend Town Council adopt the Draft Revised
ITEM NO. 17.
LOS GATOS PLANNING COMMISSION 5/22/2024, Item #3,
Draft Revised 2023-2031 Housing Element
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2 3
4 5
6 7
8 9
10 11
12 13
14 15
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Housing Element, you can find that in Exhibit 1; and the environmental analysis in Exhibit 2; and adopt the
resolution forwarding the recommendation to Town Council to adopt the Draft Revised Housing Element in Exhibit 8.
This concludes the Staff Report and we’re
available for questions.
CHAIR RASPE: Thank you so much. Commissioners,
any questions for Staff? Commissioner Hanssen.
COMMISSIONER HANSSEN: I just had one question
about the letter of May 3rd from HCD, and it is about the non-vacant sites. I do know, having been on the Housing Element Advisory Board, that we had to submit a substantial amount of documentation to HCD justifying that the nonvacant sites could become available for development. But the way that it’s posed in the letter, the way I read it, is they’re raising that as a question that might not really have an answer yet.
But if I also interpret the paragraph at the top
of page 2, it says absent findings, including adoption
resolution, there could be an issue, but as long as it’s adopted by…
The question is, is there some standard that we
should be applying that’s more than what we’ve already
ITEM NO. 17.
LOS GATOS PLANNING COMMISSION 5/22/2024, Item #3,
Draft Revised 2023-2031 Housing Element
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2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
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done, or is this just to say that we feel like we are there because we’ve submitted all the evidence?
ERIN WALTERS: Yes, if we submit all that. We
have summited all the evidence, and when we resubmit to HCD we do have to include a resolution, and that has been
included in tonight’s packet and has been reviewed by Legal to make sure it addresses all the points required by HCD.
JENNIFER ARMER: I will add that if you do look
at page 4 of 5 of the resolution, Item 5 at the bottom of that page does specifically address this, specifically
talking about the reasons and the substantial evidence on the record that these sites are likely be redevelopment in the planning period.
COMMISSIONER HANSSEN: A quick follow up question
if I might, Chair. At no point in time during this most recent process since the last submission have they raised an issue saying I don’t believe your non-vacant sites will become vacant?
ERIN WALTERS: No, they found that satisfactory.
CHAIR RASPE: Thank you. Commissioners, any other
questions for Staff? All right, seeing none, we’ll now
invite comments from the public. If you have not already turned in a speaker card to the Staff, please do so at this time, or raise your hand in Zoom. When you are called,
ITEM NO. 17.
LOS GATOS PLANNING COMMISSION 5/22/2024, Item #3,
Draft Revised 2023-2031 Housing Element
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2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
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please state your name and address for the record and
adjust the microphone so that you may be heard. You’ll have three minutes to speak. I don’t have any cards here before me. Are there any members of the public who wish to be
heard on this item? Seeing none, Mr. Paulson, anybody on Zoom?
JOEL PAULSON: There are not.
CHAIR RASPE: Thank you so much. Then I will
close the public portion of this agenda item and invite my Commissioners to ask questions, invite discussion, and if appropriate make a motion with respect to Item 3.
I’ll begin just by stating I want to thank Staff,
members of the public, Town Council, and members of this Commission. This has been a long and arduous process to get this far. I know much effort, sweat, and tears have been shed and I want to thank everybody involved in the process, so thank you again.
Commissioner Hanssen.
COMMISSIONER HANSSEN: If no one has any comments
or questions, I would like to make a motion to forward a recommendation of approval to adopt the Housing Element draft that has been submitted for public review most
recently with no additional changes.
ITEM NO. 17.
LOS GATOS PLANNING COMMISSION 5/22/2024, Item #3,
Draft Revised 2023-2031 Housing Element
7 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
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24 25
I do want to comment that I think that if we were
to try to make any additional changes, first of all, the document has been through a lot of revisions; second of all, anything that would cause any revision would have to be going back to public review and potentially additional review, so I think we should forward a recommendation of the document that we have in front of us.
CHAIR RASPE: Thank you, and just by point of
clarification, is you motion then to approve the Draft
Revised Housing Element that is attached in Exhibit 1, the environmental analysis that is attached in Exhibit 2,
together with the draft resolution in Exhibit 8?
COMMISSIONER HANSSEN: Yes.
CHAIR RASPE: Very good. Commissioner Burnett.
COMMISSIONER BURNETT: I just want to make a
comment. I am totally in favor of forwarding this to the Town Council with our recommendation.
I also would like to address that it is essential
that the environmental analysis prepared for the Housing Element in Exhibit 2 be followed with any new developments that come forward. On page 12 it specifically talks about, “New developments would not substantially degrade the
visual character or quality of the Town,” and as we know there are new laws that are coming about, but I would hope
ITEM NO. 17.
LOS GATOS PLANNING COMMISSION 5/22/2024, Item #3,
Draft Revised 2023-2031 Housing Element
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2 3
4 5
6 7
8 9
10 11
12 13
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16 17
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that we do our best to continue on maintaining the
character of Los Gatos and doing all we can, being
supported by our EIR and our new Housing Element. Thank you.
CHAIR RASPE: Thank you for those comments. I
still have the motion on the floor. Commissioner Janoff, I saw your hand next.
COMMISSIONER JANOFF: I’d like to second the
motion.
CHAIR RASPE: Very good. Thank you. Before I take
the vote, Commissioner Barnett, I saw your hand raised down at the end?
COMMISSIONER BARNETT: I’d like to express my
appreciation to Staff, the public, the Commission, and the Council for their hard work. Thank you.
CHAIR RASPE: Very good. Thank you. All right, we
have a motion and we have a second. Any further discussion, Commissioners?
I’ll call the motion. All those in favor please
indicate by raising your hand. The motion passes
unanimously.
Again, thank you to all for your efforts on this
matter.
ITEM NO. 17.
LOS GATOS PLANNING COMMISSION 5/22/2024, Item #3,
Draft Revised 2023-2031 Housing Element
9 1
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4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
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Staff, this is a recommendation, so no appeal
rights, correct?
JENNIFER ARMER: Correct.
CHAIR RASPE: Thank you.
(END)
ITEM NO. 17.
1 of 7
Resolution 2024-___ June 4, 2024
ATTACHMENT 10
DRAFT RESOLUTION 2024-____
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ADOPTING A GENERAL PLAN AMENDMENT AMENDING THE HOUSING
ELEMENT OF THE GENERAL PLAN FOR THE PERIOD OF 2023-2031 IN SUBSTANTIAL COMPLIANCE WITH STATE HOUSING ELEMENT LAW.
GENERAL PLAN AMENDMENT APPLICATION: GP-24-001
PROPERTY LOCATION: TOWN WIDE
APPLICANT: TOWN OF LOS GATOS
WHEREAS, the California Legislature has found that, “California has a housing supply and affordability crisis of historic proportions” (Gov. Code Section 65589.5); and WHEREAS, the Legislature has further found that, “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration” (Gov. Code Section 65589.5); and WHEREAS, the Legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that, “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over seven years”; and WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the Town Council adopt a Housing Element for the eight-year period, 2023-2031, to accommodate the Town of Los Gatos (Town) regional housing need allocation (RHNA) of 1,993 housing units, comprised of 537 very low-income units, 310 low-income units, 320 moderate-income units, and 826 above moderate-income units; and
WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the Housing Element constitutes a General Plan amendment; and
WHEREAS, as provided in Government Code Sections 65352 – 65352.5 the Town mailed a notice to all California Native American tribes provided by the Native American Heritage Commission; and WHEREAS, no California Native American tribe requested consultation; and WHEREAS, the Town conducted extensive community outreach beginning in the summer of 2021 and to date, including 20 Housing Element Advisory Board (HEAB) public meetings; a joint study session with the HEAB, Planning Commission, and Town Council; four Planning Commission meetings; 15 Town Council meetings; two community meetings; a community meeting hosted by the Santa Clara Draft Resolution to be
modified by Town
Council deliberations
and direction.
ITEM NO. 17.
2 of 7
Resolution 2024-___ June 4, 2024
ATTACHMENT 10
County Planning Collaborative; a community meeting hosted by West Valley Community Services; and public engagement at staff hosted information booths; and WHEREAS, in accordance with Government Code Section 65585 (b), on August 29, 2022, the Town posted the Draft Housing Element and requested public comment for a 30-day review period, and on October 14, 2022, after responding to public comments, the Town submitted the Draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and WHEREAS, on January 11, 2023, the Planning Commission held a duly and properly noticed public hearing and recommended that the Town Council adopt the Draft Housing Element, the General Plan Amendment Application, and associated Environmental Analysis; and WHEREAS, on January 12, 2023, the Town received a letter from HCD that provided a list of recommended revisions needed to receive from HCD a finding of substantial compliance with State Housing Element Law; and
WHEREAS, the Draft Housing Element was changed to substantially comply with State Housing Element Law, as described in Town Council Resolution No. 2023-006; and WHEREAS, the matter came before the Town Council for public hearing on January 30, 2023, and was regularly noticed in conformance with State and Town law; and WHEREAS, to comply with State Housing Element Law, the Town Council considered HCD’s findings and adopted the 2023-2031 Housing Element (the Housing Element) on January 30, 2023, in compliance with State Housing Element Law; and
WHEREAS, on January 12, 2023, April 14, 2023, May 30, 2023, and December 1, 2023, the Town received letters from HCD stating that additional revisions would be needed to receive from HCD a finding of conformance with Housing Element Law; and
WHEREAS, since the receipt of the comment letters, the Town has met with HCD staff on January 27, 2023, February 9, 2023, April 21, 2023, May 10, 2023, June 21, 2023, September 5, 2023, November 7, 2023, December 13, 2023, January 18, 2024, March 1, 2024, and April 26, 2024, to discuss proposed edits intended to address HCD's requested changes and obtain preliminary feedback on those edits; and
WHEREAS, in accordance with Government Code Section 65585 (b), on February 3, 2023, March 23, 2023, September 22, 2023, November 17, 2023, March 7, 2024, and May 9, 2024, the Town posted proposed amendments to the adopted Housing Element and requested public comment for a seven-day review period, and on February 13, 2023, March 31, 2023, October 2, 2023, November 28, 2023, and
ITEM NO. 17.
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Resolution 2024-___ June 4, 2024
ATTACHMENT 10
March 18, 2024, the Town submitted proposed Housing Element amendments to HCD for its review; and
WHEREAS, on May 3, 2024, the Town received a letter from HCD stating that the draft Housing Element is in substantial compliance with State Housing Element law, and will comply with State Housing Element law when it is adopted; and
WHEREAS, on May 9, 2024, the Town published the final draft Housing Element determined to be in substantial compliance by HCD on the Town website and requested public comment on the final draft; and
WHEREAS, on May 22, 2024, the Planning Commission held a duly and properly noticed public hearing to consider the draft amendments to the Housing Element, the General Plan Amendment application, and associated Environmental Analysis; and WHEREAS, the Planning Commission received testimony and documentary evidence from all interested persons who wished to testify or submit documents and considered all testimony and materials submitted, including the packet of material contained in the Planning Commission Agenda Report for their meeting on May 22, 2024, along with any and all subsequent reports and materials and public comments prepared concerning this matter.
WHEREAS, the Planning Commission recommended adoption of the General Plan Amendment amending the Town’s Housing Element.
WHEREAS, this matter came before the Town Council for public hearing on June 4, 2024, and was regularly noticed in conformance with State and Town law; and WHEREAS, Town Council received testimony and documentary evidence from all interested persons who wished to testify or submit documents. Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report for their meeting on June 4, 2024, along with any and all subsequent reports and materials prepared concerning this matter.
NOW, THEREFORE, BE IT RESOLVED, THAT THE TOWN COUNCIL HEREBY FINDS THAT BASED ON SUBSTANTIAL EVIDENCE IN THE RECORD:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. An Environmental Analysis, attached as Attachment 2 to the staff report presented at the June 4, 2024 Town Council meeting, was prepared for the adopted Housing Element Update.
ITEM NO. 17.
4 of 7
Resolution 2024-___ June 4, 2024
ATTACHMENT 10
Although the adopted Housing Element Update could have a significant effect on the environment, all potentially significant effects were analyzed adequately in the Town of Los Gatos 2040 General Plan Program Environmental Impact Report (EIR), adopted with a statement of overriding considerations on June 30, 2022, pursuant to applicable standards, including CEQA Guidelines Section 15168(c)(2). The Housing Element is consistent with the growth projections evaluated in the General Plan Program EIR and within the scope of the General Plan Program EIR. In accordance with CEQA Guidelines Section 15162, no subsequent EIR is required in that:
a. The Housing Element will not result in significant environmental effects not previously analyzed in the Program EIR for the 2040 General Plan or a substantial increase in those previously identified significant effects, because the density and location of potential development is within the scope of the 2040 General Plan analyzed by the Program EIR.
b. No substantial evidence has been introduced demonstrating that there are substantial changes with respect to the circumstances under which the Housing Element is being adopted which will involve new significant effects or a substantial increase in previously identified significant effects.
c. No new information of substantial importance, which was not known and could not have been known at the time the previous EIR was certified, has placed in the record showing that:
i. The Housing Element will have one or more significant effects not discussed in the Program EIR;
ii. Significant effects previously examined will be substantially more severe than shown in the Program EIR;
iii. Mitigation measures previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects; or iv. Mitigation measures which are considerably different than those analyzed in the Program EIR would substantially reduce one or more significant effects on the environment.
3. The Town Council finds that the proposed amendments to the adopted Housing Element were within the scope of the General Plan amendments covered by the General Plan EIR, in that they are consistent with the growth projections evaluated in the General Plan EIR, and
ITEM NO. 17.
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Resolution 2024-___ June 4, 2024
ATTACHMENT 10
no new environmental document is required, in that the impacts of the Housing Element amendments were analyzed adequately in the Town of Los Gatos 2040 General Plan Environmental Impact Report (EIR), as shown in the Environmental Analysis attached to the staff report for the June 4, 2024, Town Council meeting as Attachment 2. All feasible mitigation measures developed in the General Plan EIR remain in effect.
4. In accordance with Government Code Sections 65585(e) and (f)(1), the Town Council has considered HCD’s comments and has found that the Town has completed changes to the adopted Housing Element to substantially comply with Housing Element Law, as detailed in the HCD letter dated May 3, 2024, attached to the staff report for the June 4, 2024, Town Council meeting as Attachment 6.
5. Government Code Section 65583.2(g)(2) requires that any jurisdiction relying on non-vacant sites to meet more than 50 percent of the RHNA for lower-income households must make findings based on substantial evidence that the existing use on the non-vacant site is not an impediment to residential development during the planning period. In Los Gatos, more than 50 percent of the remaining RHNA for lower income units is on non-vacant sites. The Town has provided such substantial evidence in the record (including but not limited to that contained in Appendix D to the proposed amended Housing Element, which is incorporated by reference). Based on this evidence, the existing uses on the non-vacant sites identified to accommodate the Town’s RHNA are likely to be discontinued during the planning period, and therefore do not constitute an impediment to planned residential development on the sites during this planning period. The substantial evidence provided in Appendix D and elsewhere in the record includes, but is not limited to, the following:
a. The Town has conducted a site-specific analysis of each site listed in the Sites Inventory, summarized in Tables D-5 and D-6. During the outreach for the 6 th cycle
Housing Element, the owners of 27 parcels expressed interest in developing housing on the sites that they own. Those sites are included in the Sites Inventory. Sites where owner interest was expressed, or where conceptual development plans have been received, are adequate to accommodate the Town’s entire remaining RHNA for lower income and moderate-income housing (see Table D-2). b. The Town is experiencing high demand for residential planning approvals in that there are seven SB 330 formal or preliminary applications pending on the nonvacant sites in the Sites Inventory.
ITEM NO. 17.
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Resolution 2024-___ June 4, 2024
ATTACHMENT 10
c. The Town has followed HCD guidance when performing its section 65583.2(g)(2) analysis. The site selection criteria used by the Town to identify additional sites where existing uses are likely to be discontinued during the planning period include improvement to land value (average 0.56); floor area ratio less than 50 percent of that allowed (average 0.15); buildings over 40 years old; and existing structures less than the permitted height (primarily one-story buildings), characteristics which are associated with sites where owner interest has been expressed or applications have been received. Only sites meeting three of these four criteria are included in the Sites Inventory.
d. The Town has adopted the Housing Element Overlay Zone, which provides for increased density, a minimum density of 20 units per acre, increased height, and other modified development standards to provide incentives for residential development on properties in the Sites Inventory.
e. In finding that existing uses for the designated non-vacant sites are likely to be discontinued during the planning period, and that such existing uses do not constitute an impediment to residential development, the Town has relied upon facts, assumptions that are derived from those facts, and expert opinion. The Town bases its findings on documented evidence that the redevelopment of commercial sites for housing is a growing regional and local trend that is clearly reflected in Los Gatos and other nearby cities in the region. Further, strong housing demand and high land values for residential development, together with weakening demand for commercial uses, have made conversion to residential use within the planning period likely for multiple sites that currently have commercial uses. f. The Town further bases its findings upon substantial evidence in the form of expressions of owner interest in residential development and that the existing uses on non-vacant sites are likely to be removed. During the outreach for the 6 th cycle
Housing Element, the owners of 27 parcels expressed interest in developing housing on the sites that they own.
g. As described in Appendix D, based on including development trends, Property Owner Interest Forms, improvement value to land ratio, floor area ratio, structure age, and building height, the existing uses on the non-vacant sites identified in the site inventory are likely to be discontinued during the planning period and do not
ITEM NO. 17.
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Resolution 2024-___ June 4, 2024
ATTACHMENT 10
constitute an impediment to planned residential development on the sites during the planning period.
NOW, THEREFORE, THE TOWN COUNCIL RESOLVES AS FOLLOWS:
1. The Town Council adopts the proposed amendments to the 2023-2031 Housing Element and the associated General Plan Amendment Application (GP-24-001) (Attachment 1 to the staff report presented at the June 4, 2024, Town Council meeting).
2. The previously adopted 2023-2031 Housing Element is repealed and replaced in its entirety.
3. This resolution shall become effective upon adoption by the Town Council.
PASSED AND ADOPTED at a meeting of the Town Council of the Town of Los Gatos, California, held on the 4
th day of June 2024, by the following vote:
TOWN COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
__________________________________
MAYOR, LOS GATOS TOWN COUNCIL
ATTEST:
____________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
ITEM NO. 17.
This Page
Intentionally
Left Blank
ITEM NO. 17.
PREPARED BY: Gitta Ungvari
Finance Director
Reviewed by: Town Manager, Town Attorney, and Assistant Town Manger 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/04/2024
DATE: May 30, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Operating and Capital Budgets
a. Adopt a Resolution Approving the Town of Los Gatos Fiscal Year (FY) 2024/25 Operating Budget and FY 2024/25– 2028/29 Capital Improvement Program (CIP), New Appropriations, Additional Council Actions on May 21, 2024; Minor Corrections, and Carry-Forward Appropriations;
b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54;
c. Approve FY 2023/24 Budget Adjustments and Reclassifications as listed in Attachment 3; and
d. Authorize an Expenditure Budget Adjustment from IRS 115 Restricted Pension Trust to CalPERS up to the Amount Available in the Trust (the Estimated Balance Available is $2,090,163).
RECOMMENDATION:
Operating and Capital Budgets
a. Adopt a Resolution Approving the Town of Los Gatos Fiscal Year (FY) 2024/25 Operating Budget and FY 2024/25 – 2028/29 Capital Improvement Program (CIP), New Appropriations, Additional Council Actions on May 21, 2024; Minor Corrections, and Carry-Forward Appropriations (Attachment 1);
b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54 (Attachment 2);
c. Approve FY 2023/24 Budget Adjustments and Reclassifications as listed in Attachment 3; and
d. Authorize an expenditure budget adjustment from IRS 115 Restricted Pension Trust to CalPERS up to the amount available in the Trust (the estimated balance available is $2,090,163).
ITEM NO. 18.
PAGE 2 OF 3
SUBJECT: Operating and Capital Budgets
DATE: May 30, 2024
BACKGROUND:
On April 21, 2024, the Proposed FY 2024/25 Operating and Capital Budgets were posted to the Town’s website. Per Measure A, the Finance Commission received the Proposed Budgets 21 business days before May 21, 2024, which is the first meeting at which the Proposed Budgets were considered by the Town Council. The Finance Commission held three public meetings at which Commissioners discussed the Proposed Budgets and provided recommendations to the Town Council per Measures A and G.
On May 21 2024, the Town Council conducted public hearings to discuss the proposed FY 2024/25 Operating and Capital Summary Budget and Proposed FY 2024/25– 2028/29 Capital Improvement Program. The Town Council considered public testimony, discussed both documents, considered the Finance Commission recommendations, and directed staff to bring back the documents for final approval incorporating the Council recommendations.
DISCUSSION:
The draft resolution (Attachment 1) incorporates the budget direction provided by the Council at the May 21, 2024 budget hearing.
One of the Council actions directed a $1,000,000 transfer from the Education Realignment General Fund (ERAF) Risk Reserve to the General Fund Pension/OPEB Reserve. Attachment 2 contains the resolution to formally move General Fund balances based on the Town Council General Fund Reserve Policy and additional Council direction consistent with Governmental Accounting Standards Board (GASB) 54.
In anticipation of the end of the 2023/24 fiscal year, the Council is being asked to make several revenue and expenditure budget adjustments as listed in Attachment 3. These adjustments recognize impacts that have changed since the Mid-Year Review in February.
The FY 2023/24 adopted budget assumed a 4.6% salary and benefit position vacancy savings for the fiscal year and that all vacant positions would be eventually filled through recruitment.
Based on the most recent estimates, certain individual Departments/Programs that are fully staffed will not realize the 4.6% budgeted salary savings. Staff is requesting that Council approve salary and expenditure budget adjustments up to the amount of the projected 4.6% salary savings factor for individual Programs as needed based on year-end actual expenditures.
Staff is also requesting an expenditure budget increase to cover additional costs incurred due to protective leaves (e.g., workers compensation leaves). In addition, Attachment 3 lists the salary and benefit reclassification from the General Fund to the Capital Projects to recognize the utilization of temporary staff for capital projects.
ITEM NO. 18.
PAGE 3 OF 3
SUBJECT: Operating and Capital Budgets
DATE: May 30, 2024
DISCUSSION (continued):
Just prior to the Council’s regular session, the Pension/OPEB Oversight Committee is considering the Finance Commission’s recommendation to transfer the 115 Pension Restricted Trust current balance to CalPERS for an Additional Discretionary Payment toward the Town’s unfunded pension liability. The estimated balance available in the IRS 115 Restricted Pension Trust is $2,090,163. If the Oversight Committee decides to move forward with the Commission’s recommendation, an additional budget adjustment is needed as noted under the Recommendation. The final amount will be determined at the time of the transfer based on the available balance.
CONCLUSION:
Staff recommends approval of FY 2023/24 budget adjustments, adoption of a Resolution approving the Town of Los Gatos Fiscal Year (FY) 2024/25 Operating Budget and FY 2024/25 – 2028/29 Capital Improvement Program (CIP), and adoption of a Resolution approving commitment of Fund Balances under GASB 54.
COORDINATION:
The preparation of the budget documents involved the participation of all Town Departments.
FISCAL IMPACT:
The fiscal impact is presented in summary form in the Financial Summaries chapter of the Proposed Operating and Capital Budget for FY 2024/25, resulting in a balanced budget for the next fiscal year.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Resolution of the Town Council Approving FY 2024/25 Operating Budget and FY 2024/25 – 2028/29 Capital Improvement Program (with Exhibit A)
2. Resolution of the Town Council of the Town of Los Gatos Approving Commitments of Fund Balance under GASB 54
3. FY 2023/24 Requested Budget Adjustments
4. Public Comments Received before Publishing the Staff Report
ITEM NO. 18.
1 of 4
Resolution 2024- June 4, 2024
DRAFT RESOLUTION 2024-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE FISCAL YEAR (FY) 2024/25 OPERATING BUDGET AND FY 2025/26– 2028/29 CAPITAL BUDGET; NEW APPROPRIATIONS; OTHER ADJUSTMENTS; MINOR CORRECTIONS; AND CARRY-FORWARD APPROPRIATIONS
WHEREAS, Section 2.30.295(b) of the Los Gatos Town Code requires the Town Manager to annually prepare and submit a budget to the Town Council and be responsible for its administration; and
WHEREAS, the Town Manager submitted to the Town Council and Finance Commission a Proposed Operating Budget for FY 2024/25 on April 21, 2024; and WHEREAS, the Town Manager submitted to the Town Council and Finance Commission a Proposed Five-Year Capital Improvement Program for FY 2024/25 – 2028/29 on April 21, 2024; and
WHEREAS, the Town Council conducted a noticed public hearing on the Proposed Operating Budget and Capital Improvement Program on May 21, 2024; and WHEREAS, per Measure A, the Town Council has considered and reviewed the Finance Commission’s written recommendations to the Town Council on the said proposed Budget and Capital Improvement Program during the public hearing on May 21, 2024; and WHEREAS, per Measures G and A, the Town Council has considered and reviewed the Finance Commission written recommendations to the Town Council regarding the potential allocation of Measure G proceeds during its public hearing on May 17, 2022; and WHEREAS, the Town Council has continued the use of Measure G proceeds in the remainder of the forecast (FY 2024/25- FY 2028/29) to be 50% for operating expenditures and 50% for capital purposes; and
WHEREAS, the Town Council previously allocated residual Measure G proceeds for capital should be programmed to the Shannon Road Repair Project; and ATTACHMENT 1
ITEM NO. 18.
2 of 4
Resolution 2024- June 4, 2024
WHEREAS, the future year Measure G proceeds for capital should be programmed to the State Route 17 Corridor Project; and
WHEREAS, the Town Council has determined that 30% of the ERAF proceeds should be reserved in an ERAF Risk Reserve until the lawsuit between the State and School Districts regarding the ERAF calculation distribution is concluded; and WHEREAS, the Town Council has determined that $1,000,000 of the ERAF Risk Reserve should be transferred to Pension/OPEB General Fund Reserve; and WHEREAS, the estimated FY 2023/24 expenditures and pass through revenues and expenditures increased by $33,000 for additional money for the Chamber of Commerce Agreement; and
WHEREAS, the estimated FY 2024/25 General Fund expenditures and revenues increased by $100,000 for additional money for additional one-time Community Grants; and WHEREAS, the estimated FY 2024/25 General Fund expenditures and revenues increased by $25,000 for additional money for additional one-time rental assistance community grants; and
WHEREAS, the estimated FY 2024/25 General Fund expenditures and revenues increased by $25,000 for additional money for additional one-time nutrition support community grants; and
WHEREAS, the estimated FY 2024/25 General Fund expenditures and revenues increased by $100,000 for additional money for one-time contribution to New Museum of Los Gatos (NUMU) History Project; and
WHEREAS, the Town Council has determined that once the American Rescue Plan Act (ARPA) Revenues were fully recognized as loss revenue, they became part of the General Fund and available for Council direction for any lawful government service. Staff is tracking the $7.2 million total revenue received against Council directed use through pass through revenues and expenditures, and
WHEREAS, the Town Council has determined that the remainder of the $7.2 million proceeds should be tracked in an Council Priorities – Economic Recovery Reserve; and
ITEM NO. 18.
3 of 4
Resolution 2024- June 4, 2024
WHEREAS, on June 4, 2024, Town Council considered and reviewed the proposed Budget and Capital Improvement Program and made final determinations.
NOW, THEREFORE, BE IT RESOLVED: that the Town Council hereby adopts as the Operating Budget for the Town of Los Gatos for the 2024/25 fiscal year as depicted in Exhibit A entitled “Total Town Revenues and Expenditures by Fund” including the first year (FY 2024/25) of the Town’s Capital Improvement Program budget as contained in the Town’s FY 2024/25 – 2028/29 Capital Improvement Program.
BE IT FURTHER RESOLVED, that the final adopted Budget documents include minor corrections and approved appropriations for unspent prior year allocations, and that they be carried forward from prior years in a Reserve for Encumbrances whereby within each fund there is an amount sufficient to cover approved outstanding encumbrances as of June 30, 2024.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4
th day of June, 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. 18.
TOTAL TOWN REVENUES AND EXPENDITURES BY FUND
EXHIBIT A
2024/25 Estimated 2024/25
Proposed Budget Recommended
Budget Revision Budget
REVENUES
General Fund $56,428,459 $ 250,000 (1) $ 56,678,459
Special Revenue Funds 337,280 - $ 337,280
Internal Service Funds 6,846,909 - $ 6,846,909
Capital Project Funds (does not include carryforwards) 6,627,998 - $ 6,627,998 Successor Agency Funds 3,828,264 - $ 3,828,264
TOTAL REVENUES $74,068,910 $ 250,000 $ 74,318,910
OTHER FUNDING SOURCES
Designated One-Time Use of General Fund Reserves 1,689,384 $ 33,000 1,722,384 (2) TOTAL TOWN REVENUES & OTHER FUNDING SOURCES $75,758,294 $ 283,000 $ 76,041,294
TOTAL TOWN EXPENDITURES, TRANSFERS OUT & CARRYFORWARD APPROPRIATION General Fund $56,942,743 $ 283,000 $ 57,225,743
Special Revenue Funds 546,971 546,971
Internal Service Funds 7,566,991 - 7,566,991
Capital Project Funds (does not include carryforwards) 7,629,123 - (3) 7,629,123 Successor Agency Funds 3,816,107 3,816,107
TOTAL TOWN EXPENDITURE & OTHER FUNDING USES $76,501,935 $ 283,000 $ 76,784,935
OTHER FUNDING USES
Designated One-Time Use of General Fund Reserves 1,175,100 1,175,100 (4) TOTAL TOWN EXPENDITURES & OTHER FUNDING SOURCES $77,677,035 $ 283,000 $ 77,960,035 GENERAL FUND SOURCE(USE) OF FUND BALANCES $ - $ - $ -
OTHER FUNDS SOURCE(USE) OF FUND BALANCES (1,918,741) (1,918,741) (5) TOTAL SOURCE(USE) OF FUND BALANCES $ (743,641) $ - $ (743,641) (5) Other Funds Source (Use) represents planned one-time uses of Internal Service Funds, Special Revenue Funds, Trust Funds, and Capital Project Funds primary for infrastructure and equipment investment.
(1) Additional General Fund Revenues
$250,000 - Increase - From Downtown Streestscape Revitalization Project (2) Designated One-Time Use of the General Fund Reserves during FY 2023/24 $1,110,000 - Transfer to Capital Projects (GFAR)
$568,051 - One-Time Reserve Use for One-Time Expenditures $11,333 - ARPA Revenue Replacement Tracking
$33,000 - One-Time Reserve Use for Chamber Agreement
(3) General Fund Expenditures
$100,000 - Increase - Community Grant Program from Downtown Streestscape Revitalization Project $25,000 - Increase - Nutrition Grants Program from Downtown Streestscape Revitalization Project $25,000 - Increase - Rental Assistance Grants Program from Downtown Streestscape Revitalization Project $100,000 - Increase - NUMU History Project from Downtown Streestscape Revitalization Project $33,000 - Increase Chamber Agreement
(4) Other Funding Uses
$390,000 - To Restricted 115 Pension Trust
$785,000 - To ERAF Risk Reserve
(4) Capital Project Funds Expenditures
No Change in Total Expenditures
Transfer from Downtown Streestscape Revitalization Project (411-813-0235) $100,000 - To Community Grants Program (General Fund)
$25,000 - To Nutrition Grants Program (General Fund)
$25,000 - To Rental Assistance Grants Program (General Fund) $100,000 - To NUMU History Project (General Fund)
$100,000 - To Sport Court Resurfacing (411-831-4611)
$50,000 - To Civic Center and NUMU Signage (411-813-0242) $50,000 - To Montebello Ballards (remains in 411-813-0235) Transfer from Sport Club Resurfacing Project (411-831-4611) $50,000 to Pinehurst Community Garden Project (411-831-4610) $50,000 to Lynn Ave Pedestrian Path Design Project (411-832-4510)
ITEM NO. 18.
1 of 5
Resolution 2023- June 6, 2023
RESOLUTION 2024-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING COMMITMENTS OF FUND BALANCE UNDER GASB 54
WHEREAS, the Governmental Accounting Standards Board (GASB) has issued its Statement No. 54, Fund Balance and Governmental Fund Type Definitions with the intent of improving financial reporting by providing fund balance categories that will be more easily understood and to improve the comparability of governmental fund financial statements; and WHEREAS, GASB 54 provides that the Town Council of the Town of Los Gatos classify governmental fund balances as restricted, assigned, or committed fund balances; and WHEREAS GASB 54 provides that restricted reserves are funds that are restricted for externally imposed constraints such as legal contracts or state law, assigned amounts are constrained by the Town’s intent to use them for specific purposes, and committed amounts are dedicated for specific purposes under constraints and formal action taken by the Town Council and these committed amounts cannot be used for any other purposes unless the Town Council of the Town of Los Gatos removes or changes the specific use through the same formal action to establish the commitment; and
WHEREAS, there exists a Restricted General Fund Pension Reserve in the form of an IRS 115 Pension Trust; and
WHEREAS, there exists a balance of $2,090,163 as of June 30, 2024 in the restricted Pension Reserve; and
WHEREAS, upon Council direction up the entire balance of the restricted General Fund Pension Reserve will be appropriated for additional discretionary payment to CalPERS; and WHEREAS, the Town Council of the Town of Los Gatos has established a General Fund Reserve Policy providing for minimum fund balance dollar target amounts for Budget Stabilization and Catastrophic Reserve fund balances and outlines policies and procedures for use and restoration of these balances; and
ATTACHMENT 2
ITEM NO. 18.
2 of 5
Resolution 2023- June 6, 2023
WHEREAS, there exists an assigned General Fund Compensated Absences Reserve allocated to fund 50% of all vested hours of sick leave, compensation, and vacation time with the actual reserve amount to be determined at the close of FY 2023/24; and WHEREAS, there exists an assigned Capital/Special Projects Reserve to fund key infrastructure and capital/special projects as identified in the Town’s five-year Capital Improvement Plan, and/or other Council priorities; and
WHEREAS, there exists an assigned authorized Carry Forward Reserve for materials and services on approved purchase order and contracts which were issued but not finalized or fulfilled as of the end of the fiscal year but for which funds will be carried forward to the following fiscal year. Actual reserve balance will be established at the close of FY 2023/24; and WHEREAS, in June 2016, the Town Council established the committed Pension/OPEB Reserve to provide funding toward pension and Other Post-Employment Benefits (OPEB) unfunded obligations by placing discretionary amounts to the reserve with formal Council action and transferring available year-end surpluses based on the General Fund Reserve Policy; and WHEREAS, there is an anticipated excess balance of $300,000 as of June 30, 2024 in the assigned OPEB/Pension Reserve, that will confirmed at the close of FY 2023/24 and WHEREAS, on November 6, 2018, the Town Council provided direction to establish an unassigned Surplus Property Revenue General Fund Reserve that any monies received from the sale of the property located on Winchester Boulevard and any monies received from the sale of future surplus property be placed in this reserve, and the provisions for the reserve specifically indicate that Council may, at its discretion, distribute those funds as it deems appropriate; and WHEREAS, The Town Council established the assigned Sustainability Reserve in FY 2008/09 by closing the Solid Waste Management fund and placing the initial residual balance dedicated for conservation, recycling, and sustainability; and WHEREAS, there exists an excess balance of $140,553 as of June 30, 2024 in the assigned Sustainability Reserve; and
WHEREAS, there exists an assigned Market Fluctuation Reserve that represent fund balance amounts for unrealized investment gains that have been recorded as investment income
ITEM NO. 18.
3 of 5
Resolution 2023- June 6, 2023
in the financial statements in accordance with the requirements of GASB 31, actual reserve balance will be established at the close of FY 2023/24; and WHEREAS, there exists an assigned Measure G 2018 District Sales Tax Reserve to track receipt and use of the 1/8 cent district tax funds collected by the Town; and WHEREAS, the Town Council has determined the use of Measure G accumulated and future proceeds to be 50% for operating expenditures and 50% for capital purposes; and WHEREAS, the committed residual balance of $590,581 that was set aside for operating purposes in FY 2020/21 is programmed to be used for operating expenses in FY 2024/25; and
WHEREAS, with the adoption of the Fiscal Year 2023/24 Budget, an assigned Council Priorities – Economic Recovery Reserve has been established to track General Fund revenues freed up from recognizing all American Rescue Plan Act (ARPA) “replacement” revenues to the General Fund for essential government services, for economic recovery and business support, enhanced senior services, capital program augmentations, and other one-time uses; and WHEREAS, the assigned Council Priorities – Economic Recovery Reserve has an estimated balance of $11,333 at June 30, 2024, with the actual reserve balance being determined at the close of FY 2023/24; and
WHEREAS, with the adoption of the Fiscal Year 2023/24 Budget, an assigned Education Realignment Augmentation Fund (ERAF) Risk Reserve has been established, reserving the 30% of the anticipated ERAF proceeds from FY 2022/23 until a lawsuit between the State and the School Districts concludes; and
WHEREAS, an excess balance of $1,430,054 exists as of June 30, 2024 in the assigned ERAF Risk Reserve, with the actual amount will be determined at the close of FY 2023/24; and
WHEREAS, with the adoption of the Fiscal Year 2024/25 Budget, $1,000,000 will be transferred from the ERAF Risk Reserve to the Pension/OPEB Reserve; and WHEREAS, the $1,110,000 transfer from the Capital/Special Project Reserve to the General Fund Appropriated Reserve provides funding to the five-year capital plan; and
ITEM NO. 18.
4 of 5
Resolution 2023- June 6, 2023
WHEREAS, the Town Council established the assigned Open Space reserve in the FY 1998/99 to be used for the preservation of open space, connection of open space trails, the definition of the southern boundary of the Town with passive open space, and protection of unique natural features; and
WHEREAS, there exists an excess balance of $410,000 as of June 30, 2024 in the assigned Open Space Reserve; and
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE that the following estimated Pension, Budget Stabilization, Catastrophic, Pension/OPEB, Capital/Special Projects, Compensated Absences; Measure G District Sales Tax, Surplus Property Revenue, Market Fluctuations, Sustainability, Open Space, and ARPA Reserves as of June 30, 2024 and as of June 30, 2025 as restricted, assigned, unassigned or formally committed as follows:
Actual
General Fund
Reserves
June 30, 2023
FY 2023/24
Budget, GF
Reserve Policy,
and this
Resolution
Approved
Increase
FY 2023/24
Budget, GF
Reserve
Policy, and
this
Resolution
Approved
(Decrease)
Estimated
General Fund
Reserves
June 30, 2024
FY 2024/25
Budget
Resolution
Approved
Increase
FY 2024/25
Budget
Resolution
Approved
(Decrease)
Estimated
General Fund
Reserves
June 30, 2025
Restricted Fund Balances
Pension $ 1,400,163 $ 690,000 $ - $ 2,090,163 $ 390,000 $ - $ 2,480,163 Porperty Held for Resale 44,338 - - 44,338 44,338
Committed Fund Balances -
Budget Stabilization 6,129,774 $ 607,007 - 6,736,781 - - 6,736,781 Catastrophic 6,129,775 607,006 - 6,736,781 - - 6,736,781 Pension/OPEB 300,000 300,000 (300,000) 300,000 1,300,000 (300,000) 1,300,000 Measure G District Sale Tax - Operating 590,581 - 590,581 - (568,051) 22,530 Assigned Fund Balances
Capital/Special Projects 10,359,577 1,107,950 (3,259,013) 8,208,514 - (1,143,000) 7,065,514 Compensated Absences 1,580,623 - - 1,580,623 - 1,580,623 Open Space 410,000 - - 410,000 - - 410,000
Sustainability 140,553 - - 140,553 - - 140,553
Market Fluctuations - - - - - - -
Carryover Encumbrances 37,698 - - 37,698 - - 37,698
Council Priorities - Economic Recovery 1,556,614 - (1,545,281) 11,333 - (11,333) - ERAF Risk Reserve 689,608 740,446 - 1,430,054 785,100 (1,000,000) 1,215,154 Rehab Loan Reserve (Nonspendable) 159,000 - - 159,000 - - 159,000
ITEM NO. 18.
5 of 5
Resolution 2023- June 6, 2023
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 4th day of June 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. 18.
1 FY 2023/24 YEAR-END RECOMMENDED BUDGET ADJUSTMENTS
Budget adjustments are recommended for the following revenues and expenditures at the year-end as described below:
ATTACHMENT 3
Fund Program Account Amount Comments
111 1201 41126 Excess ERAF $ 34,819
Santa Clara County Property Tax
Estimates March 2024
111 1201 41211 Sales & Use Tax (324,154)
MuniServices Most Probable March
2024 Sales Tax Estimates
111 1221 41214 Measure G - District Sales Tax $ 4,630
MuniServices Most Probable March
2024 Sales Tax Estimates
111 1231 45964 Pension Trust Contribution 300,000 Recognizing Pensition Trust 111 4101 43223 FEMA Covid 19 Reimbursement $ 76 Funds Received 111 4201 43223 FEMA Covid 19 Reimbursement 272 Funds Received 111 4301 43223 FEMA Covid 19 Reimbursement $ 6,991 Funds Received 111 5101 43223 FEMA Covid 19 Reimbursement 938 Funds Received 111 7101 43223 FEMA Covid 19 Reimbursement $ 7,193 Funds Received TOTAL GENERAL FUND REVENUES $ 30,765
Fund Program Account Amount Comments
111 1201 99611 To General Liability $ 430,000 Funds Partially Expended 111 Town-wide 5XXXX Salaries and Benefits Varies
Up to 4.6% Salary Saving Factor
Applied Up to the Amount of
$1,673,530 by Programs/Departments
111 Town-wide 5XXXX
Additional Expensed due to
Protective Leaves Varies Up to the Amount of $540,000
111 1101 5XXXX Additional Benefit Expenditures 5,000 Funds Partially Expended 111 2102 67222 Grant to KCAT (100,000) Grant Awarded Prior Fiscal Year 111 5101 62379 Miscellanious Services and Repairs 14,000 Funds Partially Expended TOTAL GENERAL FUND EXPENDITURES$ 349,000
Fund Program Account Other Fund Revenues Amount Comments 49111 $ 430,000 From General Fund
$ 430,000
612
2202 43223 FEMA Covid 19 Reimbursement $ 36,297 Funds Received $ 36,297
411
411 411-821-2302 43223 FEMA Covid 19 Reimbursement $ 683 Funds Received $ 683
411 411-811-9901 43320
True up Anticipated Measure B
Funding $ 439,524
Funds Anticipated
$ 439,524
421
421 421-812-0129 49611
ABAG Grant not Expected to be
Received $ (35,000) Funds not Received
$ (35,000)
411
411-816-0425 82405 Transfer from Stormwater System $ 190,000 Funds not Expended 411-816-0414 82405 Transfer to Storm Drainage Mapping (190,000) Funds not Expended $ -
471
471 471-811-0009 82405
North 40 Traffic Mitigation
Reimbursement for Transportation
Improvements $ 47,977
Funds Expended
$ 47,977
Traffic Mitigation
GFAR
GFAR
Grants
Workers Compensation
General Fund Revenues
General Fund Expenditures
ITEM NO. 18.
2 ERAF: $34,819 revenue budget increase to reflect current estimates and forecasts provided to the Town from Santa Clara County.
Sales and Use Tax: $324,154 revenue budget decrease to reflect current sales tax trends based on MuniServices’ current projections.
Measure G – District Sales Tax: $4,630 revenue budget increase to reflect the current trends of the one-eight cent sales tax based on MuniServices’ projections. Pension Trust Contribution: $300,000 revenue budget increase to recognize the additional contribution to the Restricted Pension Trust. Pension Trust Contribution: $106,978 revenue budget increase to recognize FEMA Covid-19 Grant Reimbursement in Town-wide.
Transfer to General Liability: $430,000 expenditure budget increase for General Fund transfer to the General Liability Program, and a $430,000 revenue budget increase in transfer from General Fund. The transfer is needed due to the increased premium cost experienced in the insurance pool.
Salaries and Benefits (Vacancy Factor): A salary and benefits expenditure budget increase up to the amount of the 4.6% salary savings factor ($1,673,540) for individual Departments/Programs as needed based on year-end actual expenditures. At this time, it is estimated that $700,000 salary and benefits expenditure budget increase is needed, however the final amount will be determined at the close of the Fiscal Year. Salaries and Benefits (Protective Leaves): An expenditure budget increase up to the amount of $540,000 to cover additional cost incurred due to protective leaves. Salaries and Benefits (Benefits): $5,000 expenditure budget increase to cover additional benefit cost incurred due to staff coverage change during the fiscal year. Grant to KCAT: $100,000 expenditure budget decrease since the grant was provided to KCAT at the end of FY 2022/23.
Miscellaneous Services and Repairs: $14,000 expenditure budget increase to recognize the cost of personnel-related contract services.
Street Repair and Resurfacing Project: $439,524 revenue budget increase to true up anticipated Measure B Funding.
ADA Transition Plan: $35,000 revenue budget decrease since the ABAG grant was not received.
ITEM NO. 18.
3 Capital Project Transfer: $190,000 expenditure budget transfer from the Storm Water System – Pollution Prevention Compliance Project to the Storm Drainage Mapping Project.
North 40 Traffic Mitigation Fee Reimbursement: $47,977 expenditure budget increase to facilitate developer reimbursement for transportation-related improvements.
FY 2023/24 YEAR-END RECOMMENDED SALARY AND BENEFIT RECLASSIFICATION
FROM THE GENERAL FUND TO CAPITAL PROGRAMS
Staff is requesting the salary and benefit reclassification from the General Fund to the Capital Projects to recognize the utilization of temporary staff for capital projects. Current projection to reclassify is $300,000, the actual amount will be determined at the close of the fiscal year.
ITEM NO. 18.
From: Phil Koen
To: Mary Badame; Matthew Hudes; Rob Rennie; Maria Ristow; Rob Moore; l ; Andrew Howard; Ashby Monk; Joseph Rodgers
Cc: Laurel Prevetti; Gitta Ungvari; Gabrielle Whelan; Wendy Wood Subject: FY 2025 Operating Plan - June Town Council agenda item Date: Saturday, May 25, 2024 8:24:35 AM
[EXTERNAL SENDER]
Dear Honorable Mayor and Council Members,
At last Tuesday's Council meeting the FY 2025 Operating and Capital Plans were reviewed and discussed.
Unfortunately, two important recommendations the
Finance Commission made to the Town Council regarding
the budget were not discussed.
Before the Council officially adopts the FY 2025, the
Council should address the following recommendations.
First Recommendation
The Finance Commission in their written recommendation
to the Council pointed out there was a major risk
embedded in the FY 2025 Operating Budget. Not all
salaries and benefits increase for bargaining units whose successor MOUs are currently being negotiated have been reflected in the operating plan. The increases are material, highly likely to occur during FY 2025, and for which no funding source has been identified.
ATTACHMENT 4
ITEM NO. 18.
It would be inappropriate for the Town Council to approve an FY 2025 Operating Budget without disclosing the
anticipated increase in MOU expenditures as well as the funding source to offset these increases. The Town is
required by State Law to approve a “balanced budget” and such budget should include all highly likely expenditures that Town intends to incur during the fiscal year. Simply because the successor MOUs have not been approved is
not a sufficient reason to exclude them from the FY 2025 Operating Budget. Please note that the transmittal letter from the Town Manager begins with the declaration that
the FY 2025 General Fund Operating Budget is “balanced”.
Second Recommendation
At the last Finance Commission meeting, the Commission
review and discussed the actuarial presentation prepared by Foster and Foster. As part of that discussion the
Commission approved a resolution for the Town Council’s consideration to make an ADP to Calpers using the entire balance of the Town’s 115 Pension Trust to pay down the longest negative bases (e.g., 2017 and 2018 Non-Asset
Loss and 2016 Asset Loss) in the Town’s Safety Plan
unfunded liability. For every $1 million of ADP the Town will realize $1,068,000 in interest savings (reference page 64 of the report) and results in the highest present value savings
ITEM NO. 18.
to the Town.
Currently there is approximately $2.1m in the 115 Pension Trust with an additional $390k programmed contribution
during FY 2025. The Commission found that using the
entire balance of $2.5m to immediately make an ADP is the highest and best use of these funds.
The Town Council should include the ADP
recommendation as part of the FY 2025 Operating Plan.
One other important point the Town Council should
consider regarding the FY 2025 Budget. At the next Council meeting, the Council will be adopting the FY 2025
Operating and Capital Budgets and will also consider
adopting a resolution - “Approving Commitment of Fund
Balances under GASB 54”. While technical in nature, this is a very important resolution that requires careful
consideration because proper classification of fund
balance enhances the usefulness and transparency of the financial statements.
Unfortunately, the Finance Commission did not take up
GASB 54 at our last meeting. However, there has been
much discussion in the past by the Commission regarding the proper implementation of GASB 54 in reporting General
ITEM NO. 18.
Fund balance and Staff is aware of these discussions. The Commission has specifically discussed the benefit of reintroducing an Unassigned Fund Balance to act as a “shock absorber” for unplanned expenditures. The Town in the past had an “unassigned fund balance” but for some
reason chose to assign all fund balance other than
restricted to either committed or assigned.
The Council should consider establishing an “unassigned” fund balance to provide more transparency regarding the intended use of the fund balances. Currently most
unplanned expenditures have been funded from the
assigned fund balance – Capital/Special projects. When
funds were originally “assigned” to this category, they were done so for the intended use toward capital or special
projects not to fund unplanned expenditures such as
salary increases. This is not a best practice and should stop. By establishing an “unassigned” balance, the Town Council and the public will have more transparency
regarding the availability of fund balance usage for
unplanned expenditures.
Please do not reply to this email since it might be
construed as a potential Brown Act violation. This email is being sent as a one-way informational communication as
permitted by the Brown Act.
ITEM NO. 18.
Thank you for your consideration.
Phil Koen
Chair of the Finance Commission
ITEM NO. 18.
PREPARED BY: Melissa Ynegas
Finance Administrative Analyst
Reviewed by: Town Manager, Town Attorney, Assistant Town Manager, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/04/2024
ITEM NO: 10
DATE: May 24, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Approving the Administrative Fine and Penalty Schedule for Fiscal Year 2024/25 to Continue, Amend, and Add Certain Department Administrative Fines and Penalties for Fiscal Year 2024/25.
RECOMMENDATION:
Adopt a resolution approving the Administrative Fine and Penalty Schedule for FY 2024/25 (Attachment 1) to continue, amend, and add certain administrative fines and penalties for FY 2024/25.
BACKGROUND:
“Administrative Fines and Penalties” are the amounts of the administrative fines and penalties for Town Code violations.
DISCUSSION:
The Administrative Fine and Penalty Schedule sets forth the administrative fine penalty amounts for Town Code violations. Attachment 1 , Exhibit A contains the proposed FY 2024/25 Administrative Fine and Penalty Schedule reflecting all Town Code administrative fines and penalties (including proposed changes). An itemized list of recommended FY 2024/25 administrative fine and penalty adjustments, reclassifications, and deletions are reflected in Attachment 2 and explained below:
Los Gatos California Fire Code
1. Changes were submitted by the Santa Clara County Fire Department. Proposing to remove four fines: 901.6, 801, 2404.6.1.2, and 2305.5. Also, several section numbers and section language have been reviewed and updated.
ITEM NO. 19.
PAGE 2 OF 2
SUBJECT: Administrative Penalty Schedule for Fiscal Year 2024/25 DATE: May 24, 2024
CONCLUSION:
It is recommended that Town Council approve the Administrative Fine and Penalty Schedule (Attachment 1) effective July 1, 2024.
FISCAL IMPACT:
Administrative fines and penalties are established to discourage certain activities. Conservative projections are incorporated in the Town’s Proposed FY 2024/25 Operating Budget.
COORDINATION:
The preparation of the Administrative Fine and Penalty Schedule was coordinated with the Community Development Department, Police Department, and Town Attorney’s office.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Resolution approving Administrative Fine and Penalty Schedule FY 2024-25, including Exhibit A Proposed FY 2024/25 Administrative Fine and Penalty Schedule (Redline)
2. Proposed FY 2024/25 Administrative Fine and Penalty Adjustment, Reclassification, and Deletions
ITEM NO. 19.
1 of 2
Resolution 2024- Date
DRAFT RESOLUTION 2024-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CONTINUING DEPARTMENT ADMINISTRATIVE FINES AND PENALTIES, AND AMENDING CERTAIN ADMINISTRATIVE FINES AND PENALTIES FOR FY 2024/25
WHEREAS, per Resolution 2004-97 fines and penalties for violation of the Los Gatos Town Code shall be set forth in a schedule; and
WHEREAS, the last update of the Town of Los Gatos Comprehensive Fine Schedule was adopted on November 7, 2023; and
WHEREAS, those fines and penalties currently in effect will remain in effect without interruption, certain of these shall be increased to reflect best municipal practices, and new fines and penalties will be added;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE:
1. That Resolution 2023-060, “Resolution of the Town Council of the Town of Los Gatos Continuing Department Fines, Amending Certain Fines for FY 2023/24” is hereby rescinded upon the date that the new Administrative Fine and Penalty Schedule takes effect; and
2. The Town of Los Gatos Administrative Fine and Penalty Schedule, attached hereto as Exhibit A, is adopted and shall become effective July 1, 2024.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 4 th day of
June 2024 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN: ATTACHMENT 1
ITEM NO. 19.
2 of 2
Resolution 2024- Date
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. 19.
T O W N O F L O S G A T O S
C A L I F O R N I A
ADMINISTRATIVE FINE
AND PENALTY SCHEDULE
(REDLINED)
FISCAL YEAR 2024/25 Exhibit A
ITEM NO. 19.
Cover Photos: Ken Benjamin, Scott Anderson, and Evie Julian
ITEM NO. 19.
Town of Los Gatos FY 2024-2025 Administrative Fine and Penalty Schedule
TABLE OF CONTENTS
Town Code Violations.............................................................................................................. 1 Los Gatos California Fire Code ................................................................................................. 5
ITEM NO. 19.
Town of Los Gatos FY 2024-2025 Administrative Fine and Penalty Schedule 1 ADMINISTRATIVE FINES AND PENALTIES –TOWN CODE VIOLATION Administrative penalties for violation of the Los Gatos Town Code shall be set forth as the below schedule, except:
The administrative penalties for all violations of the Town Code not specifically set forth in the below schedule and do not involve violations of local building and safety codes shall be:
1. one hundred dollars ($100) for first violation;
2. two hundred and fifty dollars ($250) for second violation;
3. five hundred dollars ($500) for each additional violation within one year.
The administrative penalties for all violations of the Town Code not specifically set forth in the below schedule and that involve violations of local building and safety codes and are not otherwise designated as misdemeanors shall be:
1. one hundred dollars ($100) for first violation;
2. five hundred dollars ($500) for second violation within one year;
3. one thousand dollars ($1,000) for each additional violation within one year.
The administrative penalties for all knowing and willful violations of the Town Code shall be:
1. five hundred dollars ($500) for first violation;
2. one thousand dollars ($1,000) for each additional violation within thirty-six month thereafter.
For all California Vehicle Code violations, please contact the Superior Court of California County of Santa Clara.
ITEM NO. 19.
Town of Los Gatos FY 2024-2025 Administrative Fine and Penalty Schedule 2 ADMINISTRATIVE FINES AND PENALTIES – TOWN CODE VIOLATION
SECTION AMOUNT
1.30.025(c) 100% of fine
4.10.030(a) $150.00
4.10.030(c) $500.00
4.10.075
First offense $100.00
Second offense within 2 years $200.00
Third subsequent offense within 2 years $500.00
4.40.005 $100.00
4.40.015 $250.00
4.40.020 $250.00
4.80.050 $100.00
5.10.030
First Offense $50.00
Second Offense $75.00
Third Offense $100.00
5.10.040
First Offense $50.00
Second Offense $75.00
Third Offense $100.00
5.10.050 Racing
First Offense $50.00
Second Offense $75.00
Third Offense $100.00
5.10.060 Trick riding
First Offense $50.00
Second Offense $75.00
Third Offense $100.00
5.10.070 Riding in playgrounds or school grounds
First Offense $50.00
Second Offense $75.00
Third Offense $100.00
5.10.080 Parking
First Offense $50.00
Second Offense $75.00
Third Offense $100.00
6.30.01 $50.00
6.40.010 $100.00
6.80.010 $100.00
11.10.055 $200.00
11.40.03 $100.00
$200.00
$500.00
Quarantine violation
Riding on sidewalks and pedestrian paths
Riding in groups
Order to vacate
Illegal dumping (outside park)
Single use carry-out bags
First violation
Second violation within 1year
For each additional violation within 1 year
OFFENSE
Restraint of Dogs
Vaccination of dogs and cats
Registration of dangerous dogs
Penalty, abatement
Building permit requirements
Order to vacate or abate
Late Payment of Fines/Penalties
Animal bites, failure to report
Animals and Vehicles
ITEM NO. 19.
Town of Los Gatos FY 2024-2025 Administrative Fine and Penalty Schedule 3 ADMINISTRATIVE FINES AND PENALTIES – TOWN CODE VIOLATION
SECTION AMOUNT
13.20.02 $100.00
13.20.305 Permit Required for Storage of Hazardous Material $100.00
14.40.105 $100.00
14.100.020(a) $100.00
14.140.085
First offense Warning
Second offense $250.00
Third offense within 12-month period incurs fine and immediate revocation of the short-term rental license $500.00
15.10.025 Roller skating in street $100.00
15.10.030 Skateboarding or roller skating $100.00
15.10.035 Driving on private property $100.00
15.30.035 Entering intersections, etc., without sufficient space on other side $135.00
15.30.115 Cruising
First offense $100.00
Second offense $200.00
Third or subsequent offense within 2 years $250.00
15.40.015 Overtime Parking $42.00
15.40.060 Sleeping in vehicle after being warned $50.00
15.40.065 Vehicle Storage on Street $67.00
15.40.070 Commercial Vehicles in Residential Zones $67.00
15.40.075 For Sale/Non Emergency Repair $42.00
15.40.080 Preferential Parking $52.00
15.40.080(b) Permit Required Area $52.00
15.40.080(c) Fraudulent use of Permit $107.00
15.40.085 Posted no Parking Special Events $42.00
15.40.090 Parking on Parkway $42.00
15.40.095 Marked Parking Space $42.00
15.40.100 Parking on Grade $42.00
15.40.105 Designated Parking VC22507.8 $292.00
15.40.110 Marked Curb $42.00
15.40.275 Parking in Alleys Restricted to Loading or Unloading $42.00
15.50.015 Use of crosswalk by pedestrian $25.00
15.50.020 Pedestrian other than right angle $25.00
15.50.025 Standing in roadway $25.00
16.20.010 Curfew noise disturbance/Noise Limits $500.00
16.20.015 Exterior noise levels for residential zones $500.00
16.20.020 Exterior noise levels for multi-family residence $500.00
16.20.025 Noise levels for commercial / industrial zones $500.00
16.20.030 Public property noise limits $500.00
16.20.035 Construction $500.00
16.20.040 Amplified sound $500.00
16.20.045 Street sales $500.00
Short-term rentals
OFFENSE
Improper storage of hazardous material
Peddlers / Solicitors
Special event
ITEM NO. 19.
Town of Los Gatos FY 2024-2025 Administrative Fine and Penalty Schedule 4 ADMINISTRATIVE FINES AND PENALTIES – TOWN CODE VIOLATION
SECTION AMOUNT
16.20.050 Animals and birds
First offense $50.00
Second offense within 2 years $200.00
Third or subsequent offense within 2 years $500.00
16.20.055 Motor vehicles $500.00
16.20.060 Powered equipment $500.00
18.10.015(a) Drinking in public $100.00
18.10.015(b) Open container in public $100.00
18.10.020 Meetings (disturbing) $100.00
18.30.040 Violation of the Social Host Ordinance $1,500.00 Second or subsequent offense $3,000.00
18.60.020(m)
First Offense $1,000.00
Second Offense within a 60-month period $2,500.00
Third Offense within a 60-month period $5,000.00
18.60.020(n)
First Offense $2,500.00
Second Offense within a 60-month period $5,000.00
Third Offense within a 60-month period $10,000.00
18.50.010 Crowds, dispersement $100.00
18.70.010 Discharge of firearm, etc. in Town $200.00
18.70.035 Sling shot $200.00
19.10.020(1)-(5) Certain acts prohibited within park property $100.00
19.10.025(1)-(5) Behavior of persons within park property $100.00
19.10.025(6) Possess or ignite explosive, fireworks, rockets, etc $200.00
19.10.025(7) Make or kindle a fire except in approved locations $100.00
19.10.025(8)-(17) Behavior of persons within park property $100.00
19.10.027(1) Animals in Parks – Dogs off leash $100.00
19.10.027(2)-(6) Animals in parks – Other provisions $100.00
19.10.030(1)-(2) Sanitation requirements $100.00
19.10.035(1)-(9) Use of vehicles in parks (not subject to CVC or other Town Codes) $100.00
19.10.037(1)-(6) Use of bicycles in parks (not subject to CVC or other Town Codes) $100.00
19.10.038 Use of skateboards, skates, scooters $100.00
19.10.040 Swimming or wadings in parks $100.00
19.10.050(1)-(3) Advertising, sale of merchandise in parks $100.00
19.10.055(1)-(2) Closing hours for parks, overnight activities prohibited $100.00
19.10.060 Closing sections of park $100.00
22.30.040 Storm water protections $100.00
28.20.030 Non-permit fine Taxicabs $100.00
OFFENSE
Penalties for tobacco retailing violation by a retailer with a permit Penalties for tobacco retailing without a permit
ITEM NO. 19.
Town of Los Gatos FY 2024-2025 Administrative Fine and Penalty Schedule 5 ADMINISTRATIVE FINES AND PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
106.2.1 108.2.2 Failure to obtain inspection-new installation $200.00 109.3.2 112.3.2 Failure to comply with notice I order $1,000.00 109.3.4 112.3.4 Destruction of signs - Unauthorized Tampering $200.00 301.1 Fire hazard prohibited (citations) $100.00
110 114 Unsafe buildings $200.00
401.8 Interference with Fire Department $200.00
105.1. 1 Unlawful to operate institutions without occupancy permit $200.00 503.2 Plans for access roads $100.00
507.5 Plans for fire hydrant systems $100.00
501.4 Access road and fire hydrant installation timing $100.00 507 Hydrant identification-reflective markers $100.00
505 Premises identification $100.00
901.6 Fire protection in recreational vehicle and mobile home parks $100.00 503.4 Closure of fire roads; obstruction-access road $200.00 504.2 Posting of signs on exterior doors blocked by storage $100.00 506.1 Key box $100.00
901.7 Notification of Fire Department for fire alarm servicing $100.00 901.8 Tampering with fire equipment $200.00
901.8 Tampering with fire hydrant or fire equipment $200.00 901.8.1 Tampering with barriers, etc. $200.00
507.5.4 Obstructing fire protection equipment $100.00
507.5.5 Clear space around hydrants $100.00
509.2 Fire extinguishing equipment obstruction $100.00
509.2 Fire alarm equipment obstruction $100.00
509.1 Identification of fire protection equipment $100.00 906 Sale of defective fire extinguishers $200.00
907 Fire alarm systems $200.00
307.1 Open burning $100.00
307.4.1 Bonfires $100.00
304.1.1 Accumulation of waste material $150.00
315.1 Storage and handling of readily combustible materials $100.00 315.3.4 Combustible storage in attics $100.00
807.1 Decorative material $100.00
801 Atrium furnishings $150.00
603.9 605.9 Protection of gas meters $100.00
603 Heating appliances $100.00
308 Use of open flame restricted $100.00
305.2 Discarding burning objects $100.00
305.2 Hot ashes and other dangerous materials $100.00
311.1 Vacant building (maintenance) $100.00
1003.6 Exit obstruction $200.00
ITEM NO. 19.
Town of Los Gatos FY 2024-2025 Administrative Fine and Penalty Schedule 6 ADMINISTRATIVE FINES AND PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
1010.1 Exit doors $200.00
1013 Exit illumination Exit Sign Illumination $200.00
1008.1 Lighting requirements-exit $200.00
3309 3310 Reporting of fires during construction $100.00 202 False alarms $100.00
1018.1 Aisles $150.00
1024.1 Use of exit ways passageways $200.00
1013.1 Marking and lighting of exits $150.00
107.6 109.6 Overcrowding $200.00
308.1 Open flame $100.00
2311.2 Storage and use of flammable and combustible liquids in repair garages
$100.00
2311.2.3.1 Liquids drained from vehicles $150.00
2311.3 Source of ignition $100.00
2311.2.2
2311.2.3.2 Oily waste materials $100.00
2803.1 Open yard storage $100.00
2803.2 Dust control $100.00
3103.8 Location of tents and air-supported structures $100.00 3103.9 Anchorage required $100.00
3104.2 Flame-retardant treatment certification $200.00
3104.12/13
3107.10 Fire extinguishers and other fire protection equipment $100.00 3104.14 3107.11 Occupant load $100.00
3103.12 Exits / Means of Egress $100.00
3103.12.8 Maintenance of exit ways $100.00
3103.12.7 Exit illumination $100.00
3104.6 3107.3 Smoking $100.00
3104.7 3107.4 Open Flame $100.00
3104.15 3107.12 Heating and cooking equipment $100.00
3104.17.2
3107.14 Storage of flammable or combustible liquid $150.00 3104.19 3107.16 Generators $100.00
2108.1 Fire protection $100.00
2107.3 Solvent storage $100.00
2105.1.5.4 Public access Customer area $100.00
2105.1.1 Warning label and signs $50.00 $100.00
2403.2.6 Smoking prohibited $100.00
2403.2.7 Welding warning signs $100.00
2403.2.1 Electrical wiring and equipment $100.00
2404.2 Location of spray-finishing operations $200.00
2404.3.2
2404.3.3 Spray booths $100.00
2404.6.1.2 Dry filters – Drying Apparatus $100.00
2404.6 Sources of ignition $150.00
ITEM NO. 19.
Town of Los Gatos FY 2024-2025 Administrative Fine and Penalty Schedule 7 ADMINISTRATIVE FINES AND PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
2404.7 Ventilation of spray booths and spraying areas $100.00 2404.9 Limited spraying areas $50.00 $100.00
2403.3 Storage and handling of flammable or combustible liquids $75.00 $100.00 2404.4 Fire protection equipment $50.00 $100.00
2404.5 Operation and maintenance $50.00 $100.00
2404.6.1.2 Drying apparatus $50.00
2405.2 Location of dip tank operations $150.00
2405.7 Ventilation of vapor areas $100.00
2405.6 Sources of ignition $150.00
2405.4.1 Fire extinguishing equipment $100.00
2405.3.4 Dip tank covers $100.00
2405.9 Hardening and tempering tanks $100.00
2405.11 Coating operations $100.00
2407 Electrostatic apparatus $150.00
2408 Organic peroxides and dual-component coatings $100.00 2408.5 Source of ignition $100.00
5906.5.7 Fire extinguishing materials $100.00
5906.1 Handling of magnesium fines (fine magnesium scrap) $100.00 202 3503 Hot work area $100.00
202 3505 Location of cylinders $100.00
2905 Process building $100.00
2909 Storage of raw material and finished products $100.00 2906 Process mills, mixers and kettles $100.00
2904.1 Electrical equipment $100.00
2904.3 Protection against static electricity and lighting $100.00 2903.4 Fire protection $100.00
2901.3 Maintenance $100.00
2703.1 Emergency control station and alarms $100.00
2703.2.3 Piping and tubing $100.00
2703.4 Emergency plan $100.00
2703.13 Gas detection $100.00
2703.10 Fire protection $100.00
2703.15.1 Electrical equipment $100.00
2703.15.2 Ventilation requirements $100.00
2704 General storage requirements $100.00
2704.3.1 Inside HPM storage $100.00
2704.3.3 Separation of HPM $100.00
2705.3 Handling HPM in existing buildings $100.00
2705.3 2703.13 Requirements for HPM gases $100.00
2705.3.2 Transportation of HPM in service corridors $100.00 2705.3.4 Design of carts and trucks $100.00
ITEM NO. 19.
Town of Los Gatos FY 2024-2025 Administrative Fine and Penalty Schedule 8 ADMINISTRATIVE FINES AND PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
2303.1 Location of dispensing operations $100.00
2303.1 Installation of dispensing devices $100.00
2304.1 Supervision of dispensing operations $100.00
2305.4 Sources of ignition $100.00
2305.6 Signs $100.00
2305.5 Fire protection extinguishers $100.00
2305.7 Clearance of combustibles $100.00
2305.2 Maintenance $100.00
2306.2 Storage of fuel $100.00
2306.7 Dispensing $100.00
2301.5 2305.4 Electrical equipment $100.00
2301.6 2305.4 Heating equipment $100.00
2305.5 Fire protections $100.00
2306.7.9 Vapor recovery $100.00
2307.3 LPG Attendants $100.00
2307.4 LPG dispensing location $100.00
2307.5 LPG dispensing equipment $100.00
2308.3 Location for CNG dispensing operations $100.00
2308.4 Private fueling of vehicles $100.00
2308.6 Manual shut off valve $100.00
2308.8 Discharge of CNG from vehicle fuel containers $100.00 3003.1 Ventilation of industrial ovens $100.00
606.12.5
608.13.4 Ammonia discharge $100.00
606.7 608.8 Emergency signs and labels $100.00
5303.1 Compressed gas containers, cylinders and tanks $100.00 5303.4 Marking $100.00
5303.5 Security $100.00
5303.6 Valve protection $100.00
5303.7 Separation from hazardous conditions $100.00
5303.8 Wiring and equipment $100.00
5303.9 Service repair $100.00
5303.10 Unauthorized use $100.00
5303.11 Exposure to fire $100.00
5303.12 Leaks, damage or corrosion $100.00
5303.13 Surface or unprotected storage areas $100.00
5303.15 Lightning $100.00
5304 Storage $100.00
5305 Use and handling $100.00
5306 Medical gas systems $100.00
5503.1 Construction of containers $100.00
5503.1 Containers $100.00
ITEM NO. 19.
Town of Los Gatos FY 2024-2025 Administrative Fine and Penalty Schedule 9 ADMINISTRATIVE FINES AND PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
5503.2 Pressure relief devices $100.00
5503.4 Marking $100.00
5503.60 5503.6 Electrical equipment $100.00
5505.1.2 Piping materials and construction $100.00
5505.4 Piping materials and construction Filling and dispensing $100.00 5505.5 Handling $100.00
2203.2 2203.1 Housekeeping $100.00
2203.1
2203.4.6 Smoking and open flames $100.00
5701.4 Permit and plans for flammable and combustible liquid storage electrical $100.00
5703.2 Fire protection $100.00
5703.4 Spill control and secondary containment $100.00
5703.5 Labeling and signs $100.00
5704.2.1 Change of tank contents $100.00
5704.2.3 Labeling and signs $100.00
5704.2.4 Sources of ignition $100.00
5704.2.5 Explosion control $100.00
5704.2.6 Separation from incompatible materials $100.00 5704.2.7 Design of tanks, containers and equipment $100.00 5704.2.8 Below grade vaults $100.00
5704.2.7.6 Inspection, repair, alteration or reconstruction of tanks and piping $100.00
5704.2.8.2 Seismic design Vault design and construction $100.00 5704.2.7.3 Tank vents for normal venting $100.00
5704.2.9.6.1 Prohibited locations of above ground tanks $200.00 5704.2.9.6.2 Separation of tanks $100.00
5704.2.7.4 Emergency of relief venting for tanks $100.00 5704.2.7.5 Tank openings other than vents $100.00
5704.2.10 Drainage control and diking $100.00
5704.3 5704.4 Container and portable tank storage outside of buildings $100.00 5704.2.9.5 Stationary above ground tank storage inside buildings $100.00 5704.3.3 Container and portable tank storage inside buildings $100.00 5704.2.11 Underground tank storage $100.00
5705.2 Liquid transfer $100.00
5705.3.6 Cleaning with Class I or II liquids $150.00
5706.2 Storage and dispensing at construction sites and farms $100.00 5706.2.8 Tank vehicles and vehicle operation $100.00
5001.5 Permits required for hazardous materials $200.00 5001.5.1 Hazardous material management plan $100.00
5003.2.1 Design of containers, cylinders and tanks $100.00 5003.2.2 Piping, tubing, valves and fittings $100.00
ITEM NO. 19.
Town of Los Gatos FY 2024-2025 Administrative Fine and Penalty Schedule 10 ADMINISTRATIVE FINES AND PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
5003.2.3 Suitability of equipment, machinery and alarms $100.00 5003.2.4 Installation of tanks $100.00
5003.2.5 Empty containers and tanks $100.00
5003.2.6 Maintenance $100.00
5003.3 Release of hazardous material $1,000.00
5003.4 Material safety data sheets $100.00
5003.5 Identification signs $100.00
5003.6 Signs $100.00
5003.7 Sources of ignition $100.00
5003.8 Construction requirements $100.00
5003.9 General safety precautions $100.00
5003.10 Handling and transportation $100.00
5001.6 Facility closure $100.00
5001.4 Retail and wholesale storage and display $100.00 5001.1 Exempt amounts $100.00
5004 Storage, general $100.00
6004 Toxic and highly toxic compressed gases $100.00
6303 Oxidizers $100.00
6203 Organic peroxides $100.00
6403 Pyrophoric materials $100.00
6703 Water relative solids and liquids $100.00
6003 Highly toxic and toxic solids and liquids $100.00
6603 Radioactive materials Unstable materials $100.00
5403 Corrosives general requirements $100.00
5005.1.1 Separation from hazardous material storage $100.00 5004.2 Spill control $100.00
5005.1.5 Emergency power $100.00
5005.1.6 Supervision $100.00
5005.1.7 Lighting $100.00
5005.1.8 Fire extinguishing systems $100.00
5005.1.9 Ventilation $100.00
5304.1 Container position for gases $100.00
NFPA 55 Bulk oxygen systems $100.00
NFPA 55 Liquid transfer $100.00
6405.3 Silane $100.00
5005.2 Indoor dispensing and use $100.00
5005.3 Outdoor dispensing and use $100.00
5005.4 Handling $100.00
3205.2 3205.3 Ignition sources $100.00
3205.4 3205.5 Aisle maintenance $100.00
3206.3 Separation of high-piled storage areas $100.00
ITEM NO. 19.
Town of Los Gatos FY 2024-2025 Administrative Fine and Penalty Schedule 11 ADMINISTRATIVE FINES AND PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
3206.4 Fire sprinklers $100.00
3206.5 Fire detection $100.00
3206.6 Building access $100.00
3206.7 3206.8 Smoke and heat removal $100.00
3206.8 3206.9 Hose stations and hose connections $100.00 3206.9 3206.10 Aisles $100.00
3206.10
3206.11 Portable fire extinguishers $100.00
3207.2 Fire protection for solid-piled and shelf storage $100.00 3207.3 Pile dimensions and height limitations $100.00
3208.2 Fire protection for rack storage $100.00
3208.3 Flue spaces $100.00
3208.5 Extra-high rack storage systems $100.00
6103 Installation of equipment $100.00
6104 Location of containers $100.00
6105 Prohibited use of Lp-gas $100.00
6106 Dispensing $100.00
6107 Safety devices precautions and devices $100.00
6107.2 Smoking and other sources of ignition $100.00
6107.3 Clearance to combustibles $100.00
6107.4 Protecting containers from vehicles $100.00
6108 Fire protection $100.00
6109 Storage of portable containers awaiting use or resale $100.00 6110 Containers not in service $100.00
6111 Parking and garaging tank vehicles $100.00
4811.6 Smoking at motion picture production $100.00
6504 Film storage $100.00
605.9 603.8 Use of temporary wiring $100.00
605.1 603.2 Abatement of electrical hazards $100.00
605.8 603.7 Electrical motors $100.00
605.5 603.6 Extension cords $100.00
605.4 603.5 Multi plug adaptors $100.00
605.4.1 603.5 Power taps $100.00
605.3 603.4 Access to switchboards and panel boards $100.00 3301 Fire safety during construction $100.00
3304 3305 Precautions against fire $100.00
5104 Storage of aerosol products $100.00
5106 Retail display of aerosol products $100.00
ITEM NO. 19.
ITEM NO. 19.
Administrative Fine/Penalty Name FY 2023/24 Adopted FY 2024/25 Proposed Fire protection in recreational vehicle and mobile home parks $100.00
Delete Violation
Atrium furnishings $150.00 Delete Violation
Warning label and signs $50.00 $100.00
Limited spraying areas $50.00 $100.00
Storage and handling of flammable or combustible
liquids
$75.00 $100.00
Fire protection equipment $50.00 $100.00
Operation and maintenance $50.00 $100.00
Drying apparatus $50.00 Delete Violation
Fire protections $100.00 Delete Violation
FY 2024/25 Administrative Fine and Penalty Adjustments, Reclassifications, Deletions and Additions Los Gatos California Fire Code Violations
Attachment 2
ITEM NO. 19.
PREPARED BY: Maria Chavarin
Assistant Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Department Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/04/2024
DATE: May 30, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution to Set a Date for Consideration of the Reorganization of an Uninhabited Area Designated as El Gato Lane No. 6, Approximately 0.563 Acres on Property Pre-Zoned R-1:8. APN 523-22-007. Annexation Application AN24-001. Project Location: 15575 El Gato Lane. Property Owners: Sai Kiran Garimella and Renu Sushma Kolli. Applicant: Barzin Keyhankhadiv RECOMMENDATION:
Adopt a resolution (Attachment 1) to set a date for consideration of the reorganization of an uninhabited area designated as El Gato Lane No. 6, approximately 0.563 acres, located at 15575 El Gato Lane (APN 523-22-007).
BACKGROUND:
The Town has an agreement with Santa Clara County that requires annexation of any property located within the Town's Urban Service Area boundary that is either contiguous to a Town boundary or within 300 feet of a Town maintained roadway if a use is proposed to intensify.
The subject property is within 300 feet of a Town boundary. Annexation has been requested in conjunction with a proposal for a modification to the existing single-family residence. The total annexation area (0.563 acres) includes 0.376 acres of County street right-of-way (El Gato Lane).
Section 56757 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 gives cities in Santa Clara County the authority to annex territory without application to and hearing by the Santa Clara County Local Agency Formation Commission (LAFCO).
ITEM NO. 20.
PAGE 2 OF 3
SUBJECT: El Gato Lane No. 6/AN24-001
DATE: May 30, 2024
BACKGROUND (continued):
The Town is required to hold a protest proceeding even if the area proposed for annexation is uninhabited (less than twelve registered voters) and all property owners have consented to the annexation. This first meeting and resolution sets the date for the consideration of the annexation and the protest proceeding.
DISCUSSION:
The Town has received a petition requesting annexation to the Town of Los Gatos from Sai Kiran Garimella and Renu Sushma Kolli, owners of the property at 15575 El Gato Lane. The property is located on the west side of El Gato Lane in an unincorporated County pocket.
The property is in the Town's Urban Service Area, is within 300 feet of a Town boundary, and is pre-zoned R-1:8 (Single-Family Residential, 8,000 square foot minimum lot size). Annexation would allow Town services to be extended to the property and reduce an existing County pocket.
The Santa Clara County Planning Division and County Lighting Service Area have been notified in writing of the annexation request. This agenda item, if approved, would set the date for consideration of the annexation application for June 18, 2024.
COORDINATION:
The preparation of this report was coordinated with the Santa Clara County Lighting Service Area, County of Santa Clara Infrastructure Development Division, LAFCO, County of Santa Clara Assessor, County of Santa Clara Surveyor, and the County of Santa Clara Planning Division.
FISCAL IMPACT:
Once the annexation is certified by the State Board of Equalization, the Town will receive approximately 9.3 percent of the property taxes.
ENVIRONMENTAL ASSESSMENT:
The project is exempt pursuant to the California Environmental Quality Act Guidelines under Section 15061(b)(3): Review for Exemption, in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. A Notice of Exemption will not be filed.
ITEM NO. 20.
PAGE 3 OF 3
SUBJECT: El Gato Lane No. 6/AN24-001
DATE: May 30, 2024
Attachments:
1. Draft Resolution, with Exhibits A and B
2. Location Map
ITEM NO. 20.
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Draft Resolution 2024- June 4, 2024
DRAFT RESOLUTION 2024-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
TO SET A DATE FOR CONSIDERATION OF THE REORGANIZATION
OF AN UNINHABITED TERRITORY DESIGNATED AS
EL GATO LANE NO. 06
APN: 523-22-007
APPROXIMATELY 0.563 ACRES
ANNEXATION APPLICATION: AN24-001
PROPERTY LOCATION: 15575 EL GATO LANE
PROPERTY OWNERS: SAI KIRAN GARIMELLA AND RENU SUSHMA KOLLI APPLICANT: BARZIN KEYHANKHADIV
WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated El Gato Lane No. 06 from Sai Kiran Garimella and Renu Sushma Kolli; and
WHEREAS, the property, is approximately 0.187 acres and includes 0.376 acres of County street right-of-way (El Gato Lane) for a total of 0.563 acres located at 15575 El Gato Lane, APN: 523-22-007, is within 300 feet of a Town boundary and within the Town’s Urban Service Area; and
WHEREAS, the following special districts would be affected by the proposal: Santa Clara County Lighting Service Area; and
WHEREAS, the annexation would provide for use of Town services; and WHEREAS, the Town Council enacted Ordinance 1267 in 1975 pre-zoning the subject territory with an R-1:8 (single-family residential, 8,000 square foot minimum lot size) zoning designation; and
WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the reorganization, has determined annexation of the subject property is exempt from the ATTACHMENT 1
ITEM NO. 20.
2 of 3
Draft Resolution 2024- June 4, 2024
California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and WHEREAS, the County Surveyor of Santa Clara County has found the description and map (Exhibits A and B) to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO’s road annexation policies; and
WHEREAS, as provided in Government Code Section 56757, the Town Council of the Town of Los Gatos shall be the conducting authority for a reorganization including an annexation to the Town; and
WHEREAS, the territory is uninhabited and all owners of land included in the proposal have consented to this annexation; and
WHEREAS, Government Code Section 56663(a) provides that if a petition for annexation is signed by all owners of land within the affected territory the Town Council may approve or disapprove the annexation without a noticed public hearing.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos hereby initiates annexation proceedings and will consider annexation of the territory designated as El Gato Lane No. 06 at its regular meeting on June 18, 2024.
ITEM NO. 20.
3 of 3
Draft Resolution 2024- June 4, 2024
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4
th day of June 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. 20.
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ITEM NO. 20.
EXHIBIT A
EL GATO LANE NO. 6
ANNEXATION TO THE TOWN OF LOS GATOS
GEOGRAPHIC DESCRIPTION
DESCRIBED REAL PROPERTY IN THE RANCHO RINCONADA DE LOS GATOS, UNINCORPORATED AREA OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS:
ALL OF LOT 52 AND A PORTION OF EL GATO LANE AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "TRACT NO. 1168 EL GATO TERRACE," WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MARCH 2, 1954 IN BOOK 48 OF MAPS AT PAGE 13, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 56; AS SHOWN THAT CERTAIN MAP ENTITLED, "TRACT NO. 1168 EL GATO TERRACE," WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MARCH 2, 1954 IN BOOK 48 OF MAPS AT PAGE 13; POINT OF BEGINNING ALSO LIES ON THE SOUTHERLY LINE OF EL GATO LANE NO. 1 ANNEXATION;
THENCE, (1) SOUTH 77° 33' 45" WEST, 60.00 FEET TO THE EASTERLY LINE OF EL GATO LANE.
THENCE, (2) ALONG THE EASTERLY LINE OF EL GATO LANE, SOUTH 12° 26' 15" EAST, 273.00 FEET ; THENCE, (3) SOUTH 77° 33' 45" WEST, 60.00 FEET TO THE WESTERLY LINE OF EL GATO LANE ALSO BEING THE SOUTHEAST CORNER OF SAID LOT 52;
THENCE, (4) ALONG THE SOUTHERLY LINE OF SAID LOT 52, SOUTH 77° 33' 45" WEST, 149.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 52;
THENCE, (5) ALONG THE WESTERLY LINE OF SAID LOT 52, NORTH 12° 26' 15" WEST, 54.60 FEET TO THE NORTHWEST CORNER OF SAID LOT 52;
THENCE, (6) ALONG THE NORTHERLY LINE OF SAID LOT 52, NORTH 77° 33' 45" EAST, 149.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 52;
THENCE, (7) ALONG THE WESTERLY LINE OF EL GATO AVENUE, NORTH 12° 26' 15" WEST, 218.40 FEET TO THE POINT OF BEGINNING.
CONTAINING 24,515 SQUARE FEET, MORE OR LESS.
DISCLAIMER:
FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY
DESCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS A BASIS FOR AND OFFER FOR SALE OF THE LAND DESCRIBED.
AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND MADE A PART HEREOF. 3-28-2024
PAGE 1 OF 2
EXHIBIT A
ITEM NO. 20.
EXHIBIT B
ITEM NO. 20.
¯ 0 100
Feet
EXHIBIT A
El Gato Lane No. 6
0.56 acres +/-
Prepared for the Office of the County Surveyor
March 28, 2024
August Hanks, County Surveyor
County of Santa Clara
Department of Planning and Development
County Government Center, East Wing
70 West Hedding St., 7th Floor
San Jose, California 95110
Burbank No. 45
Unincorporated Lands
Area of Annexation
Incorporated Lands
El Gato Lane No. 6
Los
Gatos
San
Jose BLACKWELL DR
JO DR
NATIONAL AVE
LOS GATOS ALMADEN RD
EL GATO LN
DE SOTO DR
EDMUND DR
LO
M
A
V
SI TA
CT
LEILA CT
VERDE CT
LOMA
VISTA
AVE
LINDA AVE
·|}þ17
·|}þ85
CAMPBELL
LOS
GATOS
SAN
JOSE
ATTACHMENT 2
ITEM NO. 20.
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ITEM NO. 20.
Reviewed by: Town Manager, Chief of Police, and Town Clerk 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/04/2024
DATE: May 30, 2024
TO: Mayor and Town Council
FROM: Gabreille Whelan, Town Attorney
SUBJECT: Introduce an Ordinance Amending the Town’s Curfew Ordinance.
Ordinance Title: “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 18, ‘Offenses And Miscellaneous Provisions,’ Article III, ‘Minors,’ and Division 2, ‘Curfew,’ of the Town of Los Gatos Town Code” RECOMMENDATION:
Introduce an Ordinance (Attachment 2) amending the Town’s Curfew Ordinance.
BACKGROUND:
The Town’s curfew ordinance is codified in Town Code Sections 18.30.050 and following. It prohibits minors from tarrying (lingering) in public places between the hours of 10 p.m. and 6 a.m. The existing curfew ordinance lists a number of exceptions to this prohibition, including:
minors who are accompanied by parents or guardians, on errands, working or traveling to or from work, or returning home from recreational or entertainment activities. Recently, an issue has arisen regarding the enforceability of the Town’s curfew ordinance.
DISCUSSION:
Curfew ordinances are enforceable so long as they include appropriate carve-outs for constitutionally-protected behaviors and behaviors that carry none of the dangers that the curfew was meant to protect against. In order for the curfew ordinance to be enforceable, it should include an exception for participation in First Amendment activities. A proposed edit to Section 18.30.060 to add a new subsection (12) is shown in the attached redline (Attachment 1).
ITEM NO. 21.
PAGE 2 OF 2
SUBJECT: Introduce Ordinance Amending Curfew Ordinance
DATE: May 30, 2024
DISCUSSION (continued):
Also, in Section 18.30.060, which lists exceptions to what will constitute a violation, a phrase has been added to subsection (7) to state that attendance at a recreational or entertainment event is not a violation.
In addition, the proposed ordinance update clarifies the ordinance in several respects. Town Code Section 18.30.080 duplicates Section 18.30.055 and 18.30.060, and Section
18.30.18.30.085 duplicates Section 18.30.055. The proposed ordinance removes Sections
18.30.080 and 18.30.085 because they are duplicative. In Section 18.30.060, there was an unnumbered exception to prosecution at the bottom of the list of defenses. In the proposed update, that exception has been moved to Section 18.30.055(3).
CONCLUSION:
In order to render the curfew ordinance enforceable, remove duplicative sections, and clarify Section 18.30.060, the Town Attorney’s Office recommends that the Town Council introduce the ordinance amending the existing curfew ordinance.
COORDINATION:
This report was coordinated with the Police Department, the Town Clerk, and the Town Manager’s Office.
FISCAL IMPACT:
This ordinance amendment will enable the Town to issue administrative citations for curfew violations.
ENVIRONMENTAL ASSESSMENT:
Introduction of this ordinance is not a project defined under CEQA, because it will not impact the physical environment, and no further action is required.
Attachments:
1. Redline of Curfew Code Section
2. Proposed Ordinance Amending Curfew Ordinance
ITEM NO. 21.
- CODE
Chapter 18 - OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE III. - MINORS
DIVISION 2. CURFEW
Los Gatos, California, Code of Ordinances Created: 2024-03-29 13:44:14 [EST] (Supp. No. 94)
DIVISION 2. CURFEW
Sec. 18.30.050. Definitions.
For the purpose of this article, the following definitions shall apply:
Curfew hours means the period from 10:00 p.m. any night until 6:00 a.m. the following morning for minors under the age of eighteen (18) years.
Emergency means an unforeseen circumstance or circumstances or the resulting situation that calls for immediate action to prevent serious bodily injury or loss of life. The term includes, but is not limited to, a fire or explosion, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent bodily injury or loss of life.
Establishment means any privately-owned place of business to which the public is invited including, but not limited to, any place of amusement, entertainment, or recreation.
Guardian means (a) a person who, under court order, is the guardian of the minor; or (b) a public or private agency with whom a minor has been placed by a court.
Minor means any person under eighteen (18) years of age.
Operator means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment.
Parent means a person who is a natural parent, adoptive parent or step-parent of a minor.
Public place means any outdoor area to which the public or a substantial group of the public has access and includes, but is not limited to streets, highways, sidewalks, alleys, parks, playgrounds, other public grounds, common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
Remain means to (a) linger, stay or be present; or (b) fail to leave the premises when requested to do so by a peace officer, the owner, operator or other person in control of the premises.
Responsible adult means a person at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Tarry means remaining, wandering, strolling or playing without apparent purpose and while not under the supervision of a parent, guardian or adult designated by a parent or guardian. (Ord. No. 2038, § II, 12-1-97)
Sec. 18.30.055. Offenses.
It is unlawful for:
(1) Any minor to tarry in any public place or on the premises of any establishment within the Town during curfew hours, or,
ATTACHMENT 1
ITEM NO. 21.
Created: 2024-03-29 13:44:14 [EST]
(Supp. No. 94)
(Ord. No. 2038, § IV, 12-1-97)
Sec. 18.30.060. Defenses.
It is a defense to prosecution of the above offenses that the minor was:
(1) Accompanied by the minor's parent or guardian or by a responsible adult; (2) On an errand at the direction of the minor's parent or guardian or responsible adult, without detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in a lawful employment activity, or going to or returning home from a lawful employment activity, without detour or stop;
(5) Acting in response to an emergency;
(6) On the sidewalk abutting the minor's residence or abutting any residence when in the company of the resident, providing the minor is not otherwise violating the law; (7) Attending or traveling directly to or rReturning directly home, without detour or stop, from a school, religious, cultural, sport, amusement, entertainment, movie or recreation activity; or any organized rally, demonstration, meeting or similar activity;
(8) Waiting at a bus stop or bus station for transportation, providing the next bus is scheduled to arrive in no more than one (1) hour;
(9) On the plaza level of the Town Civic Center, providing the minor is not otherwise violating the law; (10) Emancipated in accordance with the California Family Code or other applicable state law. (11) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the Town of Los Gatos, a civic organization, or another similar entity that takes responsibility for the minors;
(12) Exercising First Amendment rights protected by the United States Constitution.
It is a defense to prosecutionunder offense (3) above, that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. (Ord. No. 2038, § VI, 12-1-97)
tarry in any public place or on the premises of any establishment with the Town during curfew hours, or,
(3) Any owner, operator or employee of any establishment to knowingly permit a minor to tarry in or upon the premises of an establishment during curfew hours. (unless the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave).
ITEM NO. 21.
Created: 2024-03-29 13:44:14 [EST]
(Supp. No. 94)
Sec. 18.30.065. Enforcement.
Before taking any enforcement action under this article, a peace officer shall ask the apparent offender's age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under this article unless the officer has probable cause to believe an offense has occurred and based upon the minor's responses(s) and other circumstances, no defense under this article appears present or applicable.
(Ord. No. 2038, § VIII, 12-1-97)
Sec. 18.30.070. Penalties.
Any person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Any person who violates the offenses described in this article shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure.
(Ord. No. 2038, § IX, 12-1-97)
Sec. 18.30.075. Severability.
If any section, subsection, sentence, clause, phrase or portion of this article is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this article. The town council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.
(Ord. No. 2038, § XI, 12-1-97)
Sec. 18.30.080. Minors under eighteen; exception.
It shall be unlawful for any minor under the age of eighteen (18) years to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places in the Town between the hours of 10:00 p.m. and daylight of the following day; provided, that the provisions of this section do not apply when the minor is accompanied by the minor's parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by the minor's parent, guardian or other adult person having the care and custody of the minor or where the minor is returning directly home from a meeting, dance, entertainment or recreational activity. (Code 1968, § 17-3; Ord. No. 1773, § 1, 12-5-88; Ord. No. 2038, § III, 12-1-97) Sec. 18.30.085. Responsibility of parents, guardians, etc.
It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of eighteen (18) years to permit such minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places in the Town in violation of this division; provided, that the provisions of this section do not apply when the minor is accompanied
ITEM NO. 21.
Created: 2024-03-29 13:44:14 [EST]
(Supp. No. 94)
by the minor's parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by the minor's parent, guardian or other adult person having the care and custody of the minor or where the minor is returning directly home from a meeting, dance, entertainment or recreational activity.
(Code 1968, § 17-4; Ord. No. 1773, § 1, 12-5-88; Ord. No. 2038, § V, 12-1-97) Sec. 18.30.090. Processing after detention.
Whenever any Police or other officer charged with the duty of enforcing the laws of the State or ordinances of the Town discovers or has attention called to the fact that any minor under the age of eighteen (18) years is upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places in the Town in violation of this division, and that such minor is not accompanied by the minor's parent, guardian or other adult person having the care and custody of the minor, or where the minor is not upon an emergency errand or legitimate business directed by the minor's parent, guardian or other adult person having the care and custody of the minor or where the minor is not returning directly home from a meeting, dance, entertainment or recreational activity, such officer shall have the authority to make an immediate investigation for the purpose of ascertaining whether or not the presence of such minor upon or in any of the places designated is not prohibited by the provisions of section 18.30.055.
(Code 1968, § 17-5; Ord. No. 1773, § 1, 12-5-88; Ord. No. 2038, § VII, 12-1-97)
ITEM NO. 21.
Draft Ordinance Date Adopted
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 18, “OFFENSES AND MISCELLANEOUS PROVISIONS”, ARTICLE III, “MINORS”, DIVISION 2, “CURFEW”, OF THE TOWN OF LOS GATOS TOWN CODE WHEREAS, the Town’s curfew ordinance is codified at Town Code Sections 18.30.050 and following;
WHEREAS, the defenses to a curfew violation are set forth in Town Code Section
18.30.060;
WHEREAS, defenses for attendance at recreational or entertainment events and engagement in First Amendment activities are recommended for addition; and WHEREAS, duplicative language is recommended for removal; 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 18.30.055, “Offenses,” of the Town Code is amended to read as follows:
Sec. 18.30.055. Offenses.
It is unlawful for:
(1) Any minor to tarry in any public place or on the premises of any establishment within the Town during curfew hours, or,
(2) Any parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to tarry in any public place or on the premises of any establishment with the Town during curfew hours, or,
(3) Any owner, operator or employee of any establishment to knowingly permit a minor to tarry in or upon the premises of an establishment during curfew hours (unless the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave).
(Ord. No. 2038, § IV, 12-1-97)
SECTION II. Section 18.30.060, “Defenses,” of the Town Code is amended to read as follows:
Sec. 18.30.060. Defenses.
It is a defense to prosecution of the above offenses that the minor was: ATTACHMENT 2
ITEM NO. 21.
Draft Ordinance Date Adopted
(1) Accompanied by the minor's parent or guardian or by a responsible adult; (2) On an errand at the direction of the minor's parent or guardian or responsible adult, without detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in a lawful employment activity, or going to or returning home from a lawful employment activity, without detour or stop;
(5) Acting in response to an emergency;
(6) On the sidewalk abutting the minor's residence or abutting any residence when in the company of the resident, providing the minor is not otherwise violating the law; (7) Attending or traveling directly to or returning directly home, without detour or stop, from a school, religious, cultural, sport, amusement, entertainment, movie or recreation activity; or any organized rally, demonstration, meeting or similar activity; (8) Waiting at a bus stop or bus station for transportation, providing the next bus is scheduled to arrive in no more than one (1) hour;
(9) On the plaza level of the Town Civic Center, providing the minor is not otherwise violating the law;
(10) Emancipated in accordance with the California Family Code or other applicable state law.
(11) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the Town of Los Gatos, a civic organization, or another similar entity that takes responsibility for the minors; (12) Exercising First Amendment rights protected by the United States Constitution. (Ord. No. 2038, § VI, 12-1-97)
SECTION III. Section 18.30.080, “Minors under eighteen; exception,” of the Town Code is repealed.
SECTION IV. Section 18.30.085, “Responsibility of parents, guardians, etc.,” of the Town Code is repealed.
SECTION V. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
ITEM NO. 21.
Draft Ordinance Date Adopted
SECTION VI. 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 VII. 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 of the Government Code of the State of California.
SECTION VIII. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ITEM NO. 21.