ITEM NO. 15.
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time by action of the Town Council.
C. Personal Leave. MANAGER shall be entitled to personal leave in the amount of six (6) days per year. MANAGER shall be entitled to accrue, use, or redeem personal leave in whatever manner is permitted pursuant to Town policy as it may be amended from time to time by action of the Town Council.
D. Vacation Leave. MANAGER shall accrue vacation leave at the rate of 7.69 hours biweekly (200 hours per year) with a maximum accrual balance of 500 hours. Vacation leave shall be taken for any period exceeding four (4) hours in a day and any vacation exceeding a full day will require notification to the Mayor. Upon beginning employment, MANAGER is awarded a onetime vacation leave starting balance of 80 hours.
E. Sick Leave. MANAGER shall be entitled to sick leave which shall accrue, without limitation at the amount of eight (8) hours per month. Sick leave may be used for actual personal sickness of or injury to MANAGER or MANAGER’s family member, and for medical, dental and vision care appointments. “Family member” includes a spouse, children, step-children, parent, step-parents and parents-in-law. Time off work as a result of a proven job-related illness shall not be charged against accumulated sick leave. Upon beginning employment, MANAGER is awarded a onetime sick leave starting balance of 40 hours.
Sick leave shall be deducted from accrued sick leave on an hour-for-hour basis when the total leave exceeds two hours. If MANAGER utilizes all of the MANAGER’s accrued sick leave and is still unable to return to work due to illness or injury, MANAGER shall automatically be placed on leave without pay, unless MANAGER advises the Finance Department to charge the additional sick time against accrued leaves.
Upon termination of service, no compensation for accrued sick leave shall be made except that: 1) upon retirement, MANAGER may convert accrued sick leave to cash, in an amount not to exceed what is permitted pursuant to Town policy; and 2) upon retirement, accumulated sick leave may be converted to sick leave credit in accordance with CalPERS requirements and the Town’s contract with CalPERS, except that in the event of any election to convert such sick leave to cash, the retirement sick leave credit shall be reduced commensurately.
F. Mileage Reimbursement, Cell Phone Stipend. Holidays, Bereavement/Compassion Leave, Flexible Health Spending Account, Employee Assistance Program, and Other Fringe Benefits. MANAGER shall be entitled to various benefits, including but not limited to, mileage reimbursement, cell phone stipend, holidays, bereavement/compassion leave, Flexible Health Spending Account, Employee Assistance Program, and other fringe benefits as they now exist or hereafter may be amended for Town Department Directors. In the case benefits are provided to Town Department Directors and are not provided for in this Agreement, the MANAGER shall be entitled to those benefits. In the case benefits provided in this Agreement conflict from what is provided to Town Department Heads, the Agreement shall prevail.
G. Medical, Dental, and Vision Insurance. The Town shall continue to provide to
ITEM NO. 15.
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MANAGER medical, dental, and vision insurance at the same level as its Department Directors.
H. Life and long-term disability insurance. The TOWN shall provide the MANAGER the same life insurance and long-term disability insurance benefits offered to Department Directors.
I. Workers Compensation. TOWN agrees to provide workers’ compensation insurance as provided to all TOWN employees in accordance with all applicable provisions of State law.
J. Holiday Leave. MANAGER shall be entitled to observe all legal holidays recognized by the Town on the days that they are observed by the Town and such holidays shall be compensated.
K. Birth or Adoption of a Child Leave. In the event of the birth or adoption of a child, MANAGER shall be entitled to leave of absence with pay for a period of ten (10) consecutive days. Such leave shall be commenced within 14 days after the date of such birth or adoption.
L. Bereavement Leave. If any member of MANAGERS’s immediate family dies, MANAGER shall be entitled to a period of five (5) work days of paid bereavement leave with pay. Such leave shall be taken within seven (7) days after the death of the family member or within seven (7) days of the date of the funeral or memorial service for the deceased. Immediate family shall include a spouse, child, step-child, parent, step-parent, sibling, parent-in-law, grandparent, spouse’s grandparent or grandchild.
M. Specified Position. The TOWN recognizes that the MANAGER serves as a specified position, a volunteer firefighter, reserve peace officer, or emergency rescue position, and will comply with California Labor Code Section 230.3 and 230.4. These sections require employers to allow the specified employee to take time off to perform emergency duty or to take leave for an aggregate amount of up to 14 days per calendar year to engage in fire, law enforcement, or emergency rescue training. Accordingly, the TOWN will not abridge or discriminate against the MANAGER for taking time off to perform these activities.
SECTION 5. TECHNOLOGY:
A. Technology. TOWN agrees to budget, within the budget amount approved by the TOWN, a technology budget to assist MANAGER in keeping technologically current and personal productivity high. The technology improvements will be used to pay the cost of acquisition of equipment and purchase ofservices related to information systems, data handling, communications and productivity and shall be budgeted for the good of the Town in accordance with approved budgeting limitations. Purchases for technology improvements shall remain the
ITEM NO. 15.
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property of the TOWN.
SECTION 6. ADDITIONAL EXPENSES:
A. Dues and Subscriptions. TOWN agrees to pay the professional dues and subscriptions of MANAGER necessary for their continuation and full participation in such national, regional, state and local associations and organizations as are necessary and desirable for their continued professional participation, certifications, growth, and advancement and for the good of TOWN in accordance with approved budgetary limitations. Dues and subscriptions shall include such that allow the MANAGER to retain certifications relevant or beneficial to the TOWN.
B. Professional Development. TOWN agrees that attendance at ICMA, League of California Cities, California City Management Foundation, and other professional development activities is both beneficial and expected. TOWN hereby agrees to pay the travel, lodging, and subsistence expenses of MANAGER for professional and official travel, lodging, meetings. and occasions, and for short courses, institutes and seminars necessary or beneficial to continue the professional development of MANAGER, retain certifications, and to adequately pursue necessary official and other functions for TOWN, in accordance with approved budgetary limitations.
C. Executive Expenses. TOWN recognizes that certain expenses of a non-personal and job-affiliated nature are incurred by MANAGER and hereby agrees to reimburse such expenses upon presentation of a receipt and submittal of the appropriate confining purchase requisition to the Mayor and Town Finance Department, in accordance with approved budgetary limitations and subject to any policies and guidelines the Town Council may impose.
SECTION 7. TERM; TERMINATION:
A. Commencement, Effective Date, and Term of Agreement. The Effective Date of this Agreement is the date it is signed by the TOWN provided it has first been signed by MANAGER, or the date it is signed by MANAGER provided it has first been signed by the TOWN. This Agreement shall commence upon execution by the parties and become effective immediately and extend indefinitely until terminated as provided hereinafter. The MANAGER’s first day shall be ______________, 2024.
B. At-Will Employment. MANAGER's employment with the Town is "at-will" and MANAGER serves at the pleasure of the Town Council, pursuant to Section 2.30.260 of the Municipal Code. As such, a majority of the Town Council may terminate MANAGER's employment at any time, with or without cause, with or without advance notice, subject only to the hearing requirements set forth in Municipal Code sections 2.30.285, as amended by the Town Council on August 18, 2015, and to provisions of Section 7.H.
C. Termination Without Cause. In the event that TOWN terminates MANAGER's employment for reasons other than those set forth in subsection D below, including without limitation, for no reason stated, within the term of this Agreement, or any extensions, TOWN agrees to pay MANAGER a cash severance payment. The severance payment shall be equal to
ITEM NO. 15.
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fifteen (15) months of the MANAGER's current base salary calculated on the rate of pay at the time of termination. The fifteen (15) month severance payment is unique to this Agreement and reflects the fact that MANAGER’s previous employer granted this benefit. In addition, the TOWN will provide any benefits that are lawfully required to be continued pursuant to COBRA and other statutes. Following separation, MANAGER retains the right to participate in Town health and related benefit programs, should such programs be instituted during the term of this Agreement, at MANAGER's own and sole expense pursuant to the terms of COBRA.
MANAGER shall be compensated for any unused vacation leave, holidays, and other benefits then accrued consistent with Town policies. The schedule of the payment pursuant to this section shall be at the sole discretion of the MANAGER.
D. Termination With Cause. The TOWN may terminate MANAGER's employment hereunder at any time for cause subject to the provisions of Los Gatos Municipal Code Section 2.30.285 by a vote of three of the five Town Councilmembers at a publicly agendized meeting in accordance with Government Code §§ 54950 et seq. (“Brown Act”). For purposes of this Agreement, the term “cause” shall be defined to include, any misconduct materially related to performance of official duties as provided below. In the event of termination for cause, the Town Council shall, if desired by MANAGER, afford MANAGER a public nameclearing hearing before the Town Council. Request for a name clearing hearing shall be made to the Town Clerk within fifteen (15) days of MANAGERS’s receipt of notice of termination.
No lump sum cash payment or other severance pay shall be due MANAGER upon any termination for cause. For purposes of this Agreement, "cause" shall mean any of the following:
1. For the following when substantiated by either competent, independent investigation, or court of competent jurisdiction in the case of criminal acts, and in which the MANAGER was given appropriate opportunity to review and refute in person any evidence or testimony used to support findings following completion of an investigation report, the Town Council may terminate this Agreement for cause (or may discipline) by providing the MANAGER with five (5) business days’ written notice of termination for cause and the facts and grounds constituting such cause. a. Conviction for Felony. Conviction of a felony by a court of competent jurisdiction.
b. Conviction of Illegal Acts. Conviction for criminal acts related to TOWN business or other acts constituting moral turpitude which result in incompatibility to serve as MANAGER (excepting traffic or moving violations) by a court of competent jurisdiction.
c. Loss of Mental Capacity. Loss of mental capacity for more than six (6) consecutive months as determined by a court of competent jurisdiction. Written notice of termination must be provided to both the MANAGER and any identified power of attorney or guardian. Nothing in this section shall abridge the MANAGER’s remedies as permitted by law if such loss of mental capacity was caused by TOWN employment.
d. Unauthorized Leave of Absence. Absence without justification or
ITEM NO. 15.
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authority for more than five (5) business days without providing reasonable justification of absence.
e. Refusal of Oath. Refusal to take or subscribe to any oath or affirmation which is required by law.
2. For the following when substantiated by competent, independent investigation and in which the MANAGER was given appropriate opportunity to review and refute in person any evidence or testimony used to support findings following completion of an investigation report, the Town Council may terminate this Agreement for cause (or may discipline) by providing the MANAGER with fifteen (15) business days’ written notice of termination for cause and the facts and grounds constituting such cause. a. Neglect of Duty or Insubordination. Persistent, habitual, or willful neglect to perform their obligated duty on a material Town matter after the Town Council has clearly established or directed the duty obligation and conveyed such obligation in a clear manner as the Town Council body either in writing or in open or closed session.
b. Financial mismanagement. Management that involves deliberative mishandling in a manner that can be characterized as grossly negligent or incompetent and that will materially reflect negatively upon the financial standing of the Town.
c. Material dishonesty. Willfully providing the Town Council with materially dishonest and knowingly false information impacting their ability to execute their duty.
d. Discrimination and Harassment. Willful and substantiated violation of Federal, State or Town discrimination and harassment laws concerning race, religious creed, color, national origin, ancestry, physical handicap, marital status, sexual orientation, sex or age concerning either members of the general public or Town’s employee(s) while acting in the course and scope of employment, while on Town premises or time, and/or while acting without the prior approval or direction of the Town Council.
e. Retaliation. Willful and unlawful retaliation substantiated against any Town officer or employee or member of the general public who in good faith reports, discloses, divulges or otherwise brings to the attention of any appropriate authority any facts or information relative to actual or suspected violations of any law occurring on the job or related directly thereto.
f. Conflict of Interest. Willful and material violation of any conflict of interest or incompatibility of office laws as provided under California State law.
For any reason at any time and without prior investigation, the Town Council may, in its discretion, place MANAGER on paid administrative leave. However, the Town Council will consider and weigh reasonable alternatives to paid administrative leave
ITEM NO. 15.
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with the potential reputational impact of placing the MANAGER on paid administrative leave before taking any action.
E. Voluntary Resignation. MANAGER may voluntarily resign their position with TOWN before expiration of the term of this Agreement by giving TOWN sixty (60) days prior written notice. No severance pay shall be due MANAGER upon any voluntary resignation.
F. Termination Based on Disability or Death. In the event MANAGER is permanently disabled, as determined by MANAGER's duly licensed physician, or is otherwise unable to perform their duties because of sickness, accident, injury, mental incapacity or health reasons for a period of three (3) consecutive months beyond any accrued sick leave, Town may terminate this Agreement.
G. Limitation on Removal. Pursuant to Los Gatos Municipal Code Section 2.30.290, notwithstanding anything to the contrary herein, TOWN may not remove MANAGER from office during or within any period of thirty (30) days following any general municipal election held in the Town at which election a member of the Town Council is elected. Further in order to provide the MANAGER the opportunity to build rapport with a new Town Council, the TOWN may not remove MANAGER from office during or within any period of ninety (90) days from when an election is certified which includes a new Town Councilmember or a successful recall of one or more Town Councilmembers.
H. Limitation on Obligation. Notwithstanding anything to the contrary herein, TOWN shall not be obligated to pay; and shall not pay, any amounts or continue any benefits under this agreement if MANAGER is terminated in the event MANAGER is convicted of a crime involving an abuse of their office or position. Any paid leave salary offered by TOWN to MANAGER pending an investigation shall be fully reimbursed by MANAGER if MANAGER is convicted of a crime involving an abuse of their office or position. For the purposes of this section, "abuse of office or position'' means and is limited to the definition under Government Code section 53243.4 either of the fo11owing: (a) an abuse of public authority including but not limited to waste, fraud, and violation of the law under color of authority; or (b) a crime against public justice, inc1uding but not limited to, a crime described in Title 7 (commencing with Section 92) of Part I of the California Penal Code.
SECTION 8. GENERAL PROVISIONS:
A. Entire Agreement. This Agreement shall constitute the full, complete and exclusive agreement between the parties hereto and shall supersede all prior and contemporaneous agreements, understandings and representations regarding the subject matter hereof, whether oral or written.
B. Indemnification. TOWN agrees to defend, hold harmless and indemnify MANAGER against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out an alleged act or omission occurring in the performance of MANAGER's duties. For the purpose of indemnification and defense of legal actions, MANAGER shall be considered an employee of the TOWN and entitled to the same rights and subject to the same obligations as are provided for all other employees of the TOWN
ITEM NO. 15.
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as set forth in Sections 825 through 825.6 and Sections 995 throughout 996.6 of the California Government Code. In the event of a potential or actual conflict of interest between the TOWN and MANAGER, MANAGER may request, and the TOWN shall not unreasonably refuse to provide, independent legal counsel at the TOWN’s expense to defend MANAGER in any action, suit, or proceeding in which TOWN has a duty to defend MANAGER. Town Council may cap the hourly rate for any independent counsel to the Manager at a rate normal and customary as a standard hourly litigation rate for the defense incurred. If the TOWN agrees to MANAGER’s request, the choice of such legal counsel shall be made by TOWN in consultation with MANAGER. The defense provided by TOWN for MANAGER shall continue until a final conclusion of the claim, action, suit or proceeding, including any appeals brought by any party.
TOWN, at its direction, is not required to indemnify MANAGER for any illegal or criminal acts for which a court of competent jurisdiction has determined, without possibility of appeal, was committed by MANAGER.
C. Compliance with Government Code Sections 53243, 53243.1, and 53243.2. In accordance with Government Code Sections 53243, 53243.1, and 53243.2:
1. In the event the Town Manager is placed on paid leave pending an investigation, the Town Manager shall reimburse such pay to Town if he is subsequently convicted of a crime involving the abuse of his office or position.
2. In the event Town pays for the Town Manager’s legal criminal defense, he shall fully reimburse such funds to the Town if he is subsequently convicted of a crime involving the abuse of his office or position.
3. If this contract is terminated, any cash settlement related to the termination that the Town Manager may receive from Town must be fully reimbursed to Town if he is subsequently convicted of a crime involving an abuse of his office or position.
For purposes of this section, “abuse of office or position” shall be as defined in Government Code Section 53243.4.
D. Bonding Requirements. TOWN shall bear full cost of the Fidelity Bond or other bonds required of MANAGER under any law or ordinance.
E. Assignment. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by TOWN and MANAGER and their respective successors, assigns, heirs and executors, except that MANAGER may not assign this Agreement or delegate any of their obligations hereunder and may only assign their rights hereunder with the prior written consent of TOWN.
F. Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require approval by the affirmative vote of three (3) members of the Town Council.
G. Heirs and Assigns. This Agreement shall be binding upon, and inure to the benefit of, the heirs at law and executors of the MANAGER.
ITEM NO. 15.
12 ATTACHMENT 1
H. Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
I. Severability. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable, shall not be affected and shall remain in full force and effect.
J. Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
K. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:
To MANAGER:
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.
L. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, in full force and effect as of the date of execution.
To TOWN:
Town of Los Gatos
Attn: Mayor
110 E. Main Street
Los Gatos, CA 95030
[ON FILE WITH HUMAN
RESOURCES]
ITEM NO. 15.
13 ATTACHMENT 1
IN WITNESS WHEREOF, the Town of Los Gatos has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested to by its Town Clerk, and the MANAGER has signed and executed this Agreement the day and year first above written.
TOWN OF LOS GATOS
___________________________
Mary Badame, Mayor
MANAGER
___________________________
Chris Constantin
ATTEST:
___________________________
Wendy Wood, Town Clerk
APPROVED AS TO FORM:
__________________________
Gabrielle Whelan, Town Attorney
ITEM NO. 15.
Town of Los Gatos Town Council and Management Classifications Salary Schedule for Fiscal Year 2024/25
Effective July 9, 2023*
Class
Code Classification Title Annual Salary
Minimum
Annual
Salary
Maximum
2110 Assistant Town Manager $ 184,168 $ 248,627
2420 Chief Building Official $ 140,364 $ 189,491
2400 Community Development Director $ 179,672 $ 242,557 2180 Community Outreach Coordinator $ 96,916 $ 130,837
2130 Economic Vitality Manager $ 133,599 $ 180,359
2315 Finance and Accounting Manager $ 140,364 $ 189,491 2310 Finance and Budget Manager $ 140,364 $ 189,491
2300 Finance Director $ 175,294 $ 236,647
2200 Human Resources Director $ 162,778 $ 219,750
2900 Information Technology Manager $ 140,364 $ 189,491 2800 Library Director $ 162,778 $ 219,750
2820 Library Division Manager $ 106,977 $ 144,419
2600 Parks & Public Works Director $ 179,672 $ 242,557
2645 Parks & Public Works Operations Manager $ 121,035 $ 163,397 2630 Parks & Public Works Superintendent $ 140,364 $ 189,491 2412 Planning Manager $ 140,364 $ 189,491
2510 Police Captain $ 166,847 $ 225,244
2500 Police Chief $ 188,772 $ 254,842
2545 Police Records & Communication Manager $ 130,340 $ 175,960 2140 Senior Administrative Analyst $ 104,367 $ 140,896
2650 Senior Civil Engineer $ 133,599 $ 180,359
2000 Town Attorney - Council Appointed (Effective 11/26/23) $ 261,258 2190 Town Clerk $ 140,364 $ 189,491
2615 Town Engineer* $ 154,934 $ 209,162
2100 Town Manager - Council Appointed (Effective 8/20/24) $ 329,000 2655 Transportation & Mobility Manager $ 130,340 $ 175,960 2905 Urban Forest Manager $ 121,035 $ 163,397
1000
Town Council (Effective 1/1/19 Pursuant to Ordinance Adopted by Town Council on 2/6/18)
*Except for Town Attorney, Town Manager, and Town Council as noted. **Title Reflects Current Budgeted Position.
Management salaries reflect a spread of 35% to the top of the range. $570 Stipend per month,
for a total compensation of
$6,840 per year
ITEM NO. 15.
Town of Los Gatos Town Council and Management Classifications Salary Schedule for Fiscal Year 2024/25
Effective July 7, 2024
Class
Code Classification Title
Annual
Salary
Minimum
Annual
Salary
Maximum
NEW Assistant Director $ 168,000 $ 226,800
2110 Assistant Town Manager $ 202,585 $ 273,490
2420 Chief Building Official $ 147,382 $ 198,966
2400 Community Development Director $ 188,655 $ 254,685 2180 Community Outreach Coordinator $ 101,762 $ 137,379 NEW Deputy Town Manager $ 155,000 $ 209,250
2130 Economic Vitality Manager $ 140,279 $ 189,377
2315 Finance and Accounting Manager $ 147,382 $ 198,966 2310 Finance and Budget Manager $ 147,382 $ 198,966
2300 Director $ 184,059 $ 248,480
2900 Information Technology Manager $ 147,382 $ 198,966 2820 Division Manager $ 147,382 $ 198,966
2600 Parks & Public Works Director $ 188,655 $ 254,685
2645 Parks & Public Works Operations Manager $ 127,087 $ 171,567 2630 Parks & Public Works Superintendent $ 147,382 $ 198,966 2412 Planning Manager $ 147,382 $ 198,966
2510 Police Captain $ 176,858 $ 238,759
2500 Police Chief $ 203,874 $ 275,229
2545 Police Records & Communication Manager $ 136,857 $ 184,758 2140 Senior Administrative Analyst $ 109,586 $ 147,941
2650 Senior Civil Engineer $ 140,279 $ 189,377
2000 Town Attorney - Council Appointed (Effective 11/26/23) $ 261,258 2190 Town Clerk $ 147,382 $ 198,966
2615 Town Engineer* $ 162,681 $ 219,620
2100 Town Manager - Council Appointed (Effective 11/4/2024) $ 329,000 2905 Urban Forest Manager $ 127,087 $ 171,567
1000
Town Council (Effective 1/1/19 Pursuant to Ordinance Adopted by Town Council on 2/6/18)
* Title Reflects Current Budgeted Position
Management salaries reflect a spread of 35% to the top of the range.
Reflects a General Increase of 5% (10% for 2110; 8% for 2500; and 6% for 2510) $570 Stipend per month,
for a total compensation
of $6,840 per year
Management 5% Page 1 of 1 Page 295 ATTACHMENT 3
ITEM NO. 15.
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/20/2024
ITEM NO: 16
DATE: August 12, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Appointing the Nominated Candidates to the Town Council and Cancelling the November 5, 2024, General Municipal Election RECOMMENDATION:
Adopt a resolution (Attachment 1) appointing the nominated candidates to the Town Council and cancelling the November 5, 2024, General Municipal Election.
BACKGROUND:
On June 4, 2024, the Town Council adopted Resolution No. 2024-029, calling for the General Municipal Election to elect two Council Members on November 5, 2024. The nomination period for the November 5, 2024 General Municipal Election took place from July 15 to August 9, 2024. Nomination papers for incumbent Council members Matthew Hudes and Maria Ristow were filed in the City Clerk’s Office during the filing period and have qualified for the ballot.
California Elections Code §10229 provides that where offices are elected at large, and the number of candidates does not exceed the number of the offices to be filled the Elections Official (Town Clerk) shall submit a Certificate of Facts to the Town Council. A memorandum with the certification was submitted to the Town after the closing of the nomination period on August 9, 2024 (Attachment 1, Exhibit A).
DISCUSSION:
In accordance with Elections Code §10229, the Town Council may consider one of the following courses of action:
ITEM NO. 16.
PAGE 2 OF 3
SUBJECT: Adopt a Resolution Appointing the Nominated Candidates to the Town Council and Cancelling the November 5, 2024, General Municipal Election DATE: August 12, 2024
DISCUSSION (continued):
1. Appoint to their office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated (not applicable due to the two nominations for the two offices).
3. Hold the election if either one person for each office or no one has been nominated.
The Elections Code also requires that a notice of facts that there are no more candidates than offices to be elected be published pursuant to Government Code §6061. This notice was published in the Los Gatan Newspaper on August 14, 2024 (Attachment 1, Exhibit B). After the fifth day following the day of publication, the Town Council may hold a meeting to either make the appointments or direct an election to be held. The Council is meeting on August 20, 2024, and will either provide direction to make the appointments or direct an election to be held. If by the 75th day before the election (August 22, 2024), no person has been appointed to the office, the election shall be held.
If the Council makes appointments pursuant to Elections Code §10229, the Town Clerk shall not accept for filing any statement of write-in candidacy submitted after the appointment is made, and the persons appointed shall qualify to take office and serve exactly as if elected at a municipal election for the office.
The last time there were no more candidates than offices to be elected in the Town of Los Gatos was in 2012. At that time, the Town Council decided to hold the election to allow the opportunity for write-in candidates, and no write-in candidates were submitted.
CONCLUSION:
Should the Council decide to appoint the nominated candidates, the attached resolution (Attachment 3) would need to be adopted appointing the nominated candidates, Matthew Hudes and Maria Ristow, to the Office of Council Member, each to a full term of four years and canceling the election. If the Council decides to proceed with holding the election, no action is required.
COORDINATION:
This report was prepared in coordination with the Town Attorney’s Office.
FISCAL IMPACT:
The current estimated cost of the 2024 election is $95,482. This amount is only an estimate based on the current fee schedule and available data from the Registrar of Voters (ROV) Office
ITEM NO. 16.
PAGE 3 OF 3
SUBJECT: Adopt a Resolution Appointing the Nominated Candidates to the Town Council and Cancelling the November 5, 2024, General Municipal Election DATE: August 12, 2024
FISCAL IMPACT (continued):
and is subject to change upon final billing. The expenditures programmed into the Budget for Fiscal Year (FY) 2024/25 based on the ROV's previous estimate is $90,000. If the Council adopts the attached resolution appointing the nominees and cancelling the 2024 election, the Town will save an estimated $95,482.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Resolution with Exhibits A and B
ITEM NO. 16.
1 of 2
Draft Resolution
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CANCELLING THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION AND
APPOINTING NOMINATED CANDIDATES TO OFFICE PURSUANT TO ELECTION CODE SECTION 10229
WHEREAS, On June 4, 2024, the Town Council adopted Resolution No. 2024-029, calling for the General Municipal Election to elect two Council Members on November 5, 2024; and
WHEREAS, as of the close of the nomination period on August 9, 2024, only two candidates were nominated for the two Town Council offices to be filled at the November 5, 2024, General Municipal Election; and
WHEREAS, there were not more candidates than offices to be elected and there is no town measure qualified to be submitted to the voters at that election; and WHEREAS, Section 10229 of the California Elections Code allows the Town Council to take one of the following courses of action when there are no more candidates than offices to be elected:
1. Appoint to the office the person(s) who have been nominated.
2. Hold the election.
WHEREAS, the Town Clerk/Election Official submitted to the Town Council the certificate required by California Elections Code Section 10229 on August 9, 2024, which is attached hereto as Exhibit A; and
WHEREAS, pursuant to Section 10229 of the California Elections Code, a notice attached hereto as Exhibit "B", was published on August 14, 2024, in the Los Gatan Newspaper, certifying the facts there are not more candidates than offices to be elected and the options available to the Town Council; and
WHEREAS, if the Town Council makes an appointment pursuant to Section 10229 of the California Elections Code, the Town Clerk/Elections Official shall not accept for filing any statement of write in candidacy for Town Council Member which is submitted after the appointment is made; an
WHEREAS, the Town Council has determined that by appointing the officers as permitted by Elections Code Section 10229 the Town of Los Gatos will save approximately $95,482; and
WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California the Town Council now desires to appoint the nominated candidates Matthew Hudes and Maria Ristow for the office of Council Member: to four-year terms as if they were elected at the November 5, 2024, general municipal election; and
WHEREAS, in accordance with Section 10229 of the Election Code, the appointments are made by the 75th day before the municipal election.
ATTACHMENT 1
Adoption Date
ITEM NO. 16.
2 of 2
Draft Resolution Adoption Date
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby declare, determine, and order as follows:
That pursuant to §10229 of the Elections Code of the State of California, the following action is being taken:
1. The following persons are being appointed to the offices for which they were nominated and are considered to be the same as being elected, pursuant to §10229(a)(3) of the Elections Code:
Name Office Term_________
Matthew Hudes Council Member Full Term of Four Years
Maria Ristow Council Member Full Term of Four Years
2. The election scheduled to be held on Tuesday, November 5, 2024, is now cancelled.
3. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office.
4. The Town Clerk shall certify the passage and adoption of this resolution.
5. The Town Clerk is authorized to transmit a certified copy of the Resolution and all necessary documents to the Santa Clara County Registrar of Voters and Board of Supervisors.
6. The Town Clerk shall not to accept for filing any statement for write-in candidacy after the appointments are made.
7. This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the _____ day of _________, 2024, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 16.
M E M O R A N D U M
OFFICE OF THE TOWN CLERK
TO:
From:
Subject:
Date:
Town Council
Wendy Wood, Town Clerk
Certification That There Are Not More Candidates Than Offices To Be Elected August 9, 2024
Per Election Code 10229, if by the 88th day, during normal business as posted, the number of persons who have been nominated for those offices does not exceed the number to be filled at that election, the elections official shall submit a certificate of these facts to the governing body and inform the governing body that it may, at a regular or special meeting held before the municipal election, adopt one of the following courses of action:
1. 2.
3. Appoint to the office the person who has been nominated.
Appoint to the office an eligible elector if no one has been nominated.
Hold the election, if either no one or only one person has been nominated for any elective office.
The elections official shall publish a notice of the facts described in this section and the courses of action available. Publication shall be made pursuant to Section 6061 of the Government Code in any newspaper of general circulation as designated by the election’s official. The notice will be published in the Los Gatan Newspaper on August 14, 2024.
After the fifth day following the date of posting or publication, the governing body may make the appointment or direct an election to be held. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
If, by the 75th day before the municipal election, no person has been appointed the election shall be held.
As such I have attached the certification stating that there are not more candidates than offices to be elected.
Attachment:
Election Official’s Certification of Facts That There Are Not More Candidates Than Offices To Be Elected
ITEM NO. 16.
TOWN OF LOS GATOS
ELECTIONOFFICIAL’S CERTIFICATIONOF FACTSTHAT THEREARENOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED
I, Wendy Wood, Election fficial and Town Clerk of the Town of Los Gatos, do herby certify pursuant to California Election Code §10229, the following facts relating to the General Municipal Election scheduled to be held on Tuesday, November 5, 2024:
As of the close of the nomination period on August 9, 2024, there are not more candidates than offices to be elected.
The persons so nominated are:
Maria L. Ristow
Matthew K.Hudes
California Election Code §10229 allows one of the following courses of action to be taken by the Town Council:
1. 2.
3. Appoint to the office the persons who have been nominated.
Appoint to the office any eligible voter if no one has been nominated.
Hold the election if either no one or only one person has been nominated.
A notice of these facts will be published in the Los Gatan Newspaper on August 14, 2024, pursuant to Government Code §6061. After the fifth day following the date of publication, the Town Council may hold a meeting to either make the appointments or direct an election to be held. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
If by the 75th day before the election, no person has been appointed to the office, the election shall be held.
If the Town Council makes appointments pursuant to California Election Code §10229, the Town Clerk shall not accept for filing any statement of write-in candidacy that is submitted after the appointment is made.
Wendy Wood, Town Clerk, Election Official
Dated: August 9, 2024
ITEM NO. 16.
Exhibit B
ITEM NO. 16.
PREPARED BY: Jamie Field
Chief of Police
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/20/2024
ITEM NO: 17
DATE: August 15, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive the Information Provided in the Police Services Report: January – June 2024
RECOMMENDATION:
Receive the information provided in the Police Services Report: January – June 2024.
BACKGROUND:
On January 16, 2024, the Police Department presented a bi-annual update on overall delivery, staffing updates, and comparison analysis of Public Safety services. The Police Department has remained committed to providing this transparent update since 2022.
The Police Services Report for January – June 2024 presents the following information:
Department staffing update and trends
Efficiencies and improvements
Calls for service and officer activity
Department goals and communication
Meliora Organizational Assessment update
Community Outreach and Partnerships
Earlier this year, the Police Chief shared her vision for the Department with her entire staff team: “My vision of the Los Gatos-Monte Sereno Police Department is to provide a high standard of public safety services to those that visit, reside, or work within our jurisdiction through prioritizing recruitment and professional development, fostering a culture of wellness and compassion within the Police Department, and engaging our community for their partnership in serving and protecting. In the next one to two years, the blueprint by which we will enhance this vision is by:
ITEM NO. 17.
PAGE 2 OF 9
SUBJECT: Receive Police Services Report: January – June 2024 DATE: August 15, 2024
BACKGROUND (continued):
Adopting a Department culture that is consistent with community values; Focusing on prevention and response to crime, safety, and quality of life concerns; and Combining both efficiency and effectiveness, while leveraging technologies that enhance policing operations.
DISCUSSION:
DEPARTMENT STAFFING UPDATE
The Los Gatos-Monte Sereno Police Department (LGMSPD) continues to deliver essential public safety services, while striving to identify areas for improved staff and fiscal efficiencies and implementing important new technologies. The LGMSPD staff takes pride in the model of public safety services delivered, as it encompasses community partnership, a deep understanding of the personalized public safety approach of education, prevention and enforcement, as outlined by the Police Department values integrity, professionalism, and compassion.
The California Commission on Peace Officer Standards and Training (POST) is the California regulatory agency for law enforcement. The POST website has transparency dashboards:
https://post.ca.gov/Data-Warehouse. One of the POST dashboards shows historical employment data, reflecting annual employment from 1991 to 2023 at the Los Gatos Police Department. The data show the historical staffing coverage and employment model at LGMSPD (see Attachment 1).
It is noteworthy to compare the data between 2001 to present. Overall, the LGMSPD has seen decreased staffing levels, increased calls for service, significantly more technology and auditing requirements, higher demands for training and standards, and an expanded service delivery model.
The data reflect some long-standing residents’ observations that they may not see marked patrol units as frequently, as there are not as many Police Officers available as there were in the past. The Officers have more roles and responsibilities with the Department staffing model not increasing in conjunction with call volume, mandates, and population.
The LGMSPD has one Police Officer Trainee graduating from the Police Academy and beginning the Field Training Program shortly. In addition, the LGMSPD expects to have at least one other beginning the Academy in October 2024. While that brings sworn staffing to 33 of the 39 budgeted positions, there are still three Officers unavailable to work as shown in the chart on the next page. The one Officer in training is not available as a solo sworn staff member until the training is completed over the next four months. Part-time Community Services Officers (CSOs) and Reserve Police Officers (RPOs) continue to assist in a limited capacity to alleviate the workload on the lean staff.
ITEM NO. 17.
PAGE 3 OF 9
SUBJECT: Receive Police Services Report: January – June 2024 DATE: August 15, 2024
DISCUSSION (continued):
The CSOs worked 1,087 hours during the six-month time frame and RPOs worked 941 hours.
The table below identifies the current availability of sworn staff, while also considering protected leave, light or modified duty, and those currently being trained:
Dispatch has eight budgeted positions. Currently there are six operational Dispatchers and one in training. One Dispatcher is available on a limited status. The Police Department has per diem Dispatchers to supplement the full-time Dispatch staff and allow for better coverage. This was invaluable over the last six months due to two Dispatchers being unavailable for most of the timeframe. The per diem Dispatchers have filled in for 676 hours throughout the January – June 2024 time frame.
The Police Department has held a Dispatcher and/or Officer interviews consistently almost every other month of 2024. While nine Officers have retired or left the Department for other reasons the Police Department has hired its highest number ever in a that same time frame:
seven sworn members.
The LGMSPD takes pride in maintaining high standards, exceeding the POST minimum requirements, including a minimum of 60 college semester credits or 4 years of military time with an honorable discharge. Additionally, LGMSPD also requires completion of the POST physical agility test and 1.5 mile run within 14 minutes or less to ensure fitness and protect against injuries.
LGMSPD remains one of the few agencies still requiring this high standard. The ability to demonstrate a minimum number of college credits or military service shows the aptitude, independent drive, and commitment to complete a Field Training Program, investigation, or police report.
The chart below compares overtime hours for two years between January - June. The overtime for the Police Department more than doubled what was budgeted for Fiscal Year (FY) 2023-24.
The below variances are due to limited staffing, protected leave, Police incidents, special events, required trainings, and the January Vice Presidential and June First Lady visit.
Budgeted
Sworn
Current
Sworn
Off due to
injury
Light /
Modified Duty
Field Training Total Active and
available
39 33 1 1 1 30
ITEM NO. 17.
PAGE 4 OF 9
SUBJECT: Receive Police Services Report: January – June 2024 DATE: August 15, 2024
DISCUSSION (continued);
The overtime referenced in the above chart depicts the hourly overtime necessary to sustain core services and does not include the hours committed to Emergency Preparedness support or Community Outreach, Command Staff overtime, and other volunteer or Police Department management resources.
EFFICIENCIES AND IMPROVEMENTS:
Silicon Valley Animal Control Association (SVACA) Transition The Town of Los Gatos and City of San Jose Animal Care Services (SJACS) entered a twenty-year agreement for animal control services for the Town, which expired June 30, 2024. As a part of long-term budget strategies and fiscal forecasts, Police staff explored opportunities for reducing costs, enhancing local control, and improving operational efficiencies for animal control services for Town residents. This resulted in the Council’s consideration and approval of a contract with Silicon Valley Animal Control Authority (SVACA) as the new service provider.
Crossing Guard Transition from the Town to Safe Routes to School (SRTS) The LGMSPD has historically coordinated all-contract services for crossing guards at schools in Los Gatos and Monte Sereno for more than a decade. The previous crossing guard agreement was a four-party cost sharing agreement between the Town, Los Gatos Union School District, Union School District, and the crossing guard vendor, All City Management, which expired June 30, 2024.
Successful transition of the agreement management and crossing guard services to Safe Routes to School occurred during this reporting period with the collaboration of Parks and Public Works. This transition is expected to improve work efficiency, clarify communications between schools and crossing guard services, create streamline operations, and increase productivity.
Flock Safety
The Master Service Agreement with Flock Safety Group Inc. is for 17 Stationary Automated License Plate Readers (ALPR’s) and was initially not all under one agreement or a parallel timeframe. Completion of a single, 60-month agreement enhances efficiency, fiscal management, and cost savings.
Title 1/01/23 – 6/30/23 1/01/24 – 6/30/24 Difference in FY Communications 1,771 hours 1,211 hours -560 hours
Sworn Staff 4,614 hours 4,724 hours 110 hours
ITEM NO. 17.
PAGE 5 OF 9
SUBJECT: Receive Police Services Report: January – June 2024 DATE: August 15, 2024
DISCUSSION (continued):
Grants
Office of Traffic Safety (OTS) grant funds are being used to introduce electronic citation technology for more streamlined communication. LGMSPD is implementing a traffic collision software and electronic citation solution which is expected to produce timely, accurate, complete, accessible, and uniform traffic collision records.
In addition, the software products can be utilized to identify, prioritize, and predict traffic safety issues, analyze appropriate safety countermeasures, record traffic safety enforcement efforts, and produce data to evaluate their effectiveness.
State Homeland Security Grant Program (SHSGP) funds mentioned in the January 2024 Police Services Report have been made available. Project advancement and procurement of two Utility Terrain Vehicles (UTV), First Responder ballistic protective helmets, and protective respirators through SHSGP grant funds are underway. All equipment gained through SHSGP funding will strengthen the overall operational capabilities of the Police Department and provide an enhanced asset to mutual aid collaboration and coordination efforts.
The UTVs will be particularly useful to access the Town’s Open Space Preserves to respond to criminal activity and medical emergencies, conduct routine patrol checks, and perform mandatory evacuations.
CALLS FOR SERVICE AND OFFICER ACTIVITY
The LGMSPD strives to meet response time goals and provide an uncompromising high level of service to the community. The following table depicts a comparison of the Communications Division call volume, both inbound and outbound, immediacy to which they are answered, and number of 911 calls over the last two years between the months of January to June.
The industry standard for a Public Safety Answering Point (PSAP) agency target, is for 911 calls to be answered within less than ten seconds 95% of the time. Outbound calls can be a result of transferring callers to other points of contact within Town Departments, contacting or following up with community members, or conducting other inter-agency duties. The difference in numbers between the timeframes is likely due to fewer storm events in 2024 compared to 2023.
Jan – June Inbound 911
calls
% of 911 calls
answered < 10 seconds
Incoming Nonemergency callsNon-emergency
Outbound calls
2023 5,535 95.95% 16,416 8,362
2024 4,871 95.9% 14,591 6,872
ITEM NO. 17.
PAGE 6 OF 9
SUBJECT: Receive Police Services Report: January – June 2024 DATE: August 15, 2024
DISCUSSION (continued):
Officers’ response to priority calls for service continue to be comparable to prior years and close to priority goals. These performance measures can be found in the Adopted Fiscal Year 2024/25 Operating Budget in the Police Department chapter. Priority 1 refers to immediate emergency with threat to life or a public safety hazard, Priority 2 is an urgent emergency that requires an immediate response, and a Priority 3 incident is a non-emergency.
The LGMSPD has set response time goals of 5:00 minutes for Priority 1 calls, 10:00 for Priority 2 calls, and 15:00 for Priority 3 calls (see comparison bar chart, slide 6 of Attachment 2).
DEPARTMENT GOALS AND COMMUNICATION: (MANDATES AND TRAINING) The LGMSPD is also focused on identifying future leaders within the organization. A promotional assessment process was held in March 2024 to evaluate and identify future Corporals and Sergeants. An experienced vendor, Donnoe & Associates, conducted the concise, credible, and POST-compliant testing and assessment process consistent with LGMSPD high standards. This is the first time in over a decade that the Department worked with an independent contractor on an assessment tool.
Several internal candidates successfully completed the process, demonstrating readiness for a promotion. An eligibility list was established from this process and two Sergeants, and one Corporal have been promoted thus far. This will be a continued annual process to assure an eligibility list is maintained for succession planning within the Police Department and an ability for potential candidates to prepare for such opportunities.
A Police Captain position was filled in June after a nationwide search conducted by Peckham & McKenney.
At a Department-wide training meeting in February, each staff member received a handbook detailing an integral wellness program that provides resources and support for many aspects of well-being, following a “LGMSPD Wellness Wheel.”
ITEM NO. 17.
PAGE 7 OF 9
SUBJECT: Receive Police Services Report: January – June 2024 DATE: August 15, 2024
DISCUSSION (continued):
In May 2024, the LGMSPD Leadership Team utilized POST Grant funding and support from the Los Gatos-Monte Sereno Police Foundation to take part in a POST approved and facilitated Team Building Workshop (TBW). A similar workshop occurred in 2022. At the 2024 TBW, the LGMSPD leadership team focused on building a culture of accountability, teamwork, and inclusiveness while evaluating and outlining the Department Strategic Plan for 2024-2026. The goals included within the LGMSPD 2024-2026 Strategic Plan are:
Recruitment, Development, and Retention
Embrace and Integrate Technology throughout the Agency Organizational Wellness
The Department participated in other trainings, including a debrief of the 2021 Valley Transportation Authority (VTA) active shooter incident, joint training exercises with the Santa Clara County Fire District, and other events.
As staffing improves, the Police Department is focused on supervisor development and training to re-establish specialty teams and to develop confidence and competency in these roles. This requires continuous assessment of mandatory or immediate Department training needs based on POST requirements and operational effectiveness. LGMSPD recently passed its 2022-2024 POST audit.
MELIORA ORGANIZATIONAL ASSESSMENT UPDATE
In January 2024 during the Police Services bi-annual report out, the Council unanimously approved entering into an agreement with Meliora Public Safety Consultant services for a comprehensive assessment of the Department. The project is underway, and the consultant efforts are still in progress. The overall themes and outcome of the assessment will be summarized in a future report to Town Council.
COMMUNITY OUTREACH AND PARTNERSHIPS
The Police Department is continuing to invest in community outreach, engagement, and trustbuilding opportunities to establish and maintain strong relationships and partnerships.
More than 20 Los Gatos and Monte Sereno residents and business owners completed the second LGMSPD Community Police Academy. The Academy took place during the eight weeks of March and April 2024.
Other outreach and engagement opportunities included:
ITEM NO. 17.
PAGE 8 OF 9
SUBJECT: Receive Police Services Report: January – June 2024 DATE: August 15, 2024
DISCUSSION (continued):
LGMSPD Explorers supporting visibility and public safety awareness at the Los Gatos Spring into Green. LGMSPD needs additional Explorer volunteers ages 14-20. Los Gatos-Monte Sereno Police Foundation Gala fundraiser that supported funding four new ballistic shields to replace outdated protective equipment. Community Emergency Response Team (CERT) Open house at Calvary Church twice in June. There are at least seven new CERT graduates within Los Gatos and two newly built Neighborhood Incident Command Posts (NICPs)
Special Olympics Law Enforcement Torch Run with $4,455 funds raised – June 26, 2024 Special Olympics fundraiser by Steve Mariucci “Battle of the Bay” Bocce Ball Tournament at Campo Di Bocce, Los Gatos – June 4, 2024
Special Olympics Polar Plunge – February 2024
Los Gatos Little League Opening Day – March 2024
Big Truck Days – 3 events
Senior Resource Fair
Therapy Canine community engagements
Neurodiverse event with the Youth Commission for Easter The Volunteer in Policing Program (VIP) currently has four members. In the last six months, they have contributed over 800 volunteer hours. Their services include checking seven to 20 homes on the vacation log up to three times per week, distributing 260 Welcome Packets, delivering Council mail, and completing other Police support efforts.
The Disaster Aid Response Team (DART) is a non-profit organization that assists in both planned events and unplanned policing incidents, some of which included assisting with the Cats Hill Race and other downtown events with road closures, Vice-Presidential and First Lady visits to Los Gatos in January and June 2024, and other occurrences.
As time permits, Police Department staff works with the local unhoused community, its stakeholders, and service providers. Sworn staff frequently attends the weekly pantry offerings at St. Luke’s and maintains positive relationships with the unhoused residents.
CONCLUSION:
The Police Services Report for January to June 2024 provides an update with transparent information regarding operational efforts, priorities, and accomplishments. LGMSPD is distinct from other public safety agencies due to our exceptional hiring standards, community accessibility to police resources, personalized and high-touch public safety service delivery, and engagement in various forms prior to any policing enforcement possibly being necessary.
ITEM NO. 17.
PAGE 9 OF 9
SUBJECT: Receive Police Services Report: January – June 2024 DATE: August 15, 2024
CONCLUSION (continued):
The combination of the innovative use of technology with relationship building is valued by our community, has reduced crime, and has maintained the excellent quality of life in Los Gatos.
During the remainder of 2024, the LGMSPD will continue implementing its Strategic Plan focused on hiring and recruitment, technology, and organizational wellness. Future engagements include the swearing in on September 10, 2024, the Police Recognition Luncheon hosted by the Los Gatos-Monte Sereno Police Foundation on October 17, 2024, the Meliora report out, and an explosive detection and tracking canine addition to LGMSPD.
FISCAL IMPACT:
The receipt of this report has no fiscal implications.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ATTACHMENTS:
1. Historical Staffing Levels
2. PowerPoint Presentation
ITEM NO. 17.
Attachment 1- Historical Staffing Levels
ATTACHMENT 1
ITEM NO. 17.
LOS GATOS
POLICE SERVICES
REPORT
JANUARY-JULY 2024
ATTACHMENT 2
ITEM NO. 17.
Police Officers
Police Officer Recruit
THE DEPARTMENT Staff Update
OVERTIME HOURS
Communications 1,211 HRS
Police Officers 4,724 HRS
NEW HIRES
CSOs 1,087 HRS
Reserves 941 HRS
Per Diem Dispatchers 676 HRS
TEMP/PER DIEM HOURS
Dispatcher
Professional Staff
ITEM NO. 17.
Efficiencies & Improvements
ITEM NO. 17.
Racial Identity Profiling Act (RIPA) - Preliminary Analysis 167
8%
84 4%
668
31%
167
8%
7 0%
13 1%
1008
48%
STOP DATA
PERCEIVED RACE/ETHNICITY
January 2024 - June 2024
Asian
Black/African America
Hispanic/Latino
Middle Eastern or South
Asian
Native American
Pacific Islander
White
1478
71%
568
27%
16 1%
10 1%
STOP DATA
PERCEIVED GENDER
January 2024 - June 2024
Male
Female
Transgender
Man/Boy
Transgender
Woman/Girl
ITEM NO. 17.
Traffic Enforcement & Case Reports
1588
2124
760
1052
0 500
1000
1500
2000
2500
Jan-Jun 2023 Jan-Jun 2024
TRAFFIC STOPS & CITATIONS
ISSUED
January - June
2023 - 2024
Traffic Stops Citations Issued
1016 1026
578
743
0 200
400
600
800
1000
1200
Jan-Jun 2023 Jan-Jun 2024
DOCUMENTED REPORTS
Original/Supplemental
January - June
2023 - 2024
Orignal Reports Supplemental Reports
ITEM NO. 17.
Calls For Service
2:24
0:00
4:48
7:12
12:00
9:36
16:48
14:24
PRIORITY 1 CALLS
5,535
18%
16,416
54%
8,362
28%
COMMUNICATIONS
CALL CENTER METRICS
January - June
2023
911 Calls (95.95% Calls Answered < 10 Sec)
Incoming Non Emergency Calls
Outbound Calls
4,871
19%
14,597
55%
6,872
26%
COMMUNICATIONS
CALL CENTER METRICS
January - June
2024
911 Calls (95.90% Calls Answered < 10 Sec)
Incoming Non Emergency Calls
Outbound Calls
4:35
6:36 7:14
5:23
6:59 7:03
5:00
10:00
15:00
0:00
2:24
4:48
7:12
9:36
12:00
14:24
16:48
PRIORITY 1 CALLS PRIORITY 2 CALLS PRIORITY 3 CALLS
RESPONSE TIMES BY PRIORITY
January – June
2023 - 2024
2023 2024 GOAL
ITEM NO. 17.
Department Goals & Communications
Professional
Development
& Promotions
LGMSPD
Department
Meeting
LGMSPD Team
Building
Workshop &
2024-2026
Strategic Plan
ITEM NO. 17.
MELIORA
Assessment
Active Shooter
Training,
Debrief, &
Partnership
Collateral
Team Training
&
Development
Department Goals & Communications
ITEM NO. 17.
Volunteers- DART, CERT, VIP, EXPLORERS,
RESERVES
Special Olympics- Torch Run, Bocce Ball,
Polar Plunge
Schools- Venture, LGHS, and our Youth
Commission
LGMS Police Foundation – Updated Ballistic
Shields, May Swearing-in, Drone technology,
NNO, Community Police Academy, Incident
Debrief, and Team Building Workshop
Wellness- Peer Support, Operation
Freedom Paws- K9 Therapy Dogs, &
Chaplains
Safety & Neighborhood Watch Meetings
Local Churches- Calvary, St. Luke’s
Methodist
Local Businesses
Additional Partners- Jewish Community
Center, Town of Los Gatos, City of Monte
Sereno
COMMUNITY POLICING & PARTNERSHIPS
ITEM NO. 17.
WHAT’S NEXT
COMMUNTY POLICE
ACADEMY
RECRUITMENT
NEW SRO K9 EXPLOSIVE &
TRACKING
MELIORA
ASSESSMENT
SWEARING-IN &
PROMOTIONAL
CEREMONY
POLICE RECOGNITION
ITEM NO. 17.
QUESTIONS Page 324
ITEM NO. 17.
PREPARED BY: Joel Paulson, AICP
Community Development Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/20/2024
ITEM NO: 18
DATE: August 15, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Provide Direction on Modifications to Noticing for Senate Bill (SB) 330 and Builder’s Remedy Projects.
RECOMMENDATION:
Discuss and provide direction on modifications to noticing for Senate Bill (SB) 330 and Builder’s Remedy projects.
BACKGROUND:
On May 7, 2024, the Town Council considered outreach and noticing options for preliminary Planning applications that have been submitted for SB 330 projects, which can include projects that reference the Builder’s Remedy. SB 330 amended the Government Code to give development applicants the opportunity to submit preliminary applications. SB 330 preliminary applications vest applicants to the development standards that were in place when the preliminary application was deemed submitted. After a preliminary application has been deemed submitted, applicants then have 90 days in which to submit a formal planning application. The Town already has noticing requirements in place that apply to formal applications. Those requirements require that property owners and tenants within 300 feet of a proposed project receive mailed notice prior to the public hearing on the proposal.
Some SB 330 preliminary applications, but not all, have referenced the State Builder’s Remedy, which is codified in Government Code Section 65589.5. Section 65589.5 provides that, if a jurisdiction did not adopt a Housing Element that substantially complied with State law by a specified deadline (which was January 31, 2023, in Los Gatos), applicants can reference the Builder’s Remedy with their Planning applications. When the Builder’s Remedy applies, it limits the circumstances under which jurisdictions can modify or deny Planning applications to those set forth in the statute.
ITEM NO. 18.
PAGE 2 OF 5
SUBJECT: SB 330 Project Outreach and Noticing
DATE: August 15, 2024
BACKGROUND (continued):
On a unanimous vote, the Town Council provided the following direction to staff regarding noticing for SB 330 preliminary applications, which can include projects for which applicants have referenced the Builder’s Remedy:
Whenever a pre-application or formal application for a development of three stories or more, including, but not limited to SB 330 and Builder’s Remedy application, is received or scheduled for a hearing, that neighbors within 1,000 feet will be notified and provided access to information in the visual renderings, signs, and the application itself. Further, if a project changes significantly, there will be re-notification. Fees will be recovered wherever possible. Notice will include a brief explanation of SB 330 and current development process.
Following this direction, staff has been providing the early noticing after receipt of a SB 330 preliminary application or formal application for a proposed development of three stories or more. This includes projects that are relying solely on the State density bonus law, which authorizes waivers from development standards when a specified percentage of affordable housing is included in the proposed development. When an application is ready for its public hearing, another mailed notice will be sent.
Applicants currently fund the expanded noticing. The cost of the expanded noticing, not including staff time, ranges from $300.00 to $380.00.
DISCUSSION:
The recent Council direction expanded early noticing requirements for proposed developments that are three stories or more. Following this action, a Town Council member requested that this matter be considered further to determine whether the three-story limitation should be modified.
As previously stated in the staff report for the May 7, 2024 Town Council meeting, the Town may legally adopt noticing requirements that are more extensive than the 300 feet required by State law so long as there is a rational basis for doing so. Because adoption of this noticing policy is a legislative action, any distinction in noticing requirements should have a rational basis that serves a legitimate government purpose. Potential bases for imposing increased noticing requirements would be projects over a specified height, number of units, or square footage based on the added visual impact to the neighborhood or other factors.
FISCAL IMPACT:
The fiscal impact, including staff time, depends on the scope of any modifications to the increased noticing requirement determined by the Town Council.
ITEM NO. 18.
PAGE 3 OF 5
SUBJECT: SB 330 Project Outreach and Noticing
DATE: August 15, 2024
FISCAL IMPACT (continued):
The Town has the option of assuming the cost of the increased noticing. If this is the Council’s preference, a funding source would need to be identified.
CONCLUSION:
This agenda item allows Town Council to provide direction on modifications to noticing for SB 330 preliminary applications referencing the Builder’s Remedy. Staff recommends consideration of the following question:
1. Does the Town Council wish to modify the noticing requirements for SB 330 preliminary applications which reference the Builder’s Remedy?
2. Does the Town Council wish to modify the noticing requirements for SB 330 preliminary applications which reference State density bonus law?
Staff looks forward to the Town Council’s discussion and direction.
ENVIRONMENTAL ASSESSMENT:
Because the Town Council is providing direction only at this time, this is not a project defined under CEQA.
Attachment:
1. Public Comment
ITEM NO. 18.
This Page
Intentionally
Left Blank
ITEM NO. 18.
From: Dene Kankel
Sent: Wednesday, July 10, 2024 9:56 PM
To: Mary Badame <[email protected]>; Matthew Hudes <[email protected]>; Rob Moore <[email protected]>; Rob Rennie <[email protected]>; Maria Ristow <[email protected]>
Cc: Bryan Matsumoto
Subject: Los Gatos Ace Hardware
[EXTERNAL SENDER]
Councilmembers,
My name is Dené Kankel and I am one of the owners of Los Gatos Ace Hardware. My business partner, Bryan Matsumoto, and I watched the meeting on Tuesday June 7th and heard the community speak regarding their concerns about SB330 projects which included our location. One of the speakers voiced their concern about public notification and asked why signage was not posted on the property. It was during this conversation that we learned that signage would be posted on the property because of changes to the related ordinance. That signage was installed last week. Let me say that nothing says "GOING OUT OF BUSINESS" more than three large signs on all sides of the property. Not to mention that these signs will be advertising "going out of business" for at least a year, maybe more.
As business owners, we are concerned about signage being installed at this point in time. We have over thirteen years left on our lease, and nothing will be happening with this property for over a decade. This signage will give the impression that we are going out of business for years after it is installed. Currently staff, managers, Bryan and I field questions daily about when we are closing, with a huge uptick since the signage has been installed. This strongly impacts employee morale, they see the signs, hear the questions and wonder if their job is in jeopardy. I encourage you all to Google "Los Gatos Ace Hardware" and one of the top suggestions is "Los Gatos Ace Hardware closing". Most recently, the Mercury News ran a story titled "Proposed Demolition of Ace Hardware in Los Gatos Draws Concern". That being said, we feel it's important to point out that we feel humbled and grateful for all of the community support we receive and appreciate the concern everyone shows on a daily basis. We consider ourselves lucky to be part of this community.
We understand that the community needs to be informed, however, we are not sure if the change to the ordinance took these types of situations into consideration. Installing signage (especially in our situation where our property is surrounded by three streets and requires three signs) ten years before it possibly breaks ground jeopardizes the continued success of, and community support of, a beloved Los Gatos business. Our customers travel from further away than you might realize - we have regular customers that don't mind driving 30 minutes or more to shop with us. These signs may, in fact, drive customers away unnecessarily because they will look for other places to shop since, in their mind, we will be closing soon.
ATTACHMENT 1 Page 329
ITEM NO. 18.
We wanted to make Councilmembers aware of the negative impacts to all businesses that reside on these properties where breaking ground could be over a decade into the future. We urge you to reconsider this new ordinance that requires signage this early in the process. Bryan and I cannot wait for these signs to be removed so that we can continue business as usual for the next thirteen years and possibly beyond.
Sincerely,
Dené Kankel
Bryan Matsumoto
Owners Los Gatos Ace Hardware
ITEM NO. 18.
PREPARED BY: Gitta Ungvari
Finance Director
Reviewed by: Town Manager, Town Attorney, and Assistant Town Manager 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/20/2024
ITEM NO: 19
DATE: August 9, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize The Town Manager to Reissue a Request for Proposal (RFP) for the Preparation of the Annual Comprehensive Financial Report (ACFR) with a Modification to Start the ACFR Preparation Services for the FY 2024/25 ACFR RECOMMENDATION:
Authorize the Town Manager to reissue a Request for Proposal (RFP) for the Preparation of the Annual Comprehensive Financial Report (ACFR) with a modification to start the ACFR preparation services with the FY 2024/25 ACFR.
BACKGROUND:
At the December 11, 2023 Finance Commission meeting, the Commission recommended that the Town Council adopt a practice to hire a separate entity from the Town’s independent audit firm to prepare the Town’s ACFR. The work includes preparing the financial statements, note disclosures, supplemental information, the Management Discussion and Analysis (MD&A) template and tables, and statistical schedules that are derived from the financial statements.
Currently, this work is performed by the Town’s external auditor, Chavan & Associates, LLP.
External auditors provide both attest and non-attest services. Attest services are procedures that involve a certified public accountant (CPA) vouching and substantiating information provided by a client. Non-attest services are services that do not involve providing assurance on the client's financial statements. Financial statement preparation is a common non-attest service completed by the external auditor of municipalities. During the external audit, Town staff provide the independent auditors with a variety of information, including the Town’s Trial Balance. The audited Trial Balance allows the independent auditor to issue opinions on the opinion units reported within the ACFR. The financial statements and notes in the ACFR are prepared from this audited Trial Balance.
ITEM NO. 19.
PAGE 2 OF 3
SUBJECT: Reissue RFP for ACFR Preparation Services
DATE: August 09, 2024
BACKGROUND (continued):
The preparation of the Annual Comprehensive Financial Report involves the synchronization of the actual financial statements with the footnotes, supporting statistical and required supplementary data, Letter of Transmittal, and the MD&A. This is a very time intensive effort for staff and can be done more efficiently through a third party who has software dedicated for this purpose and has expertise providing ACFR preparation service to multiple local government clients. This approach is most time and cost efficient, taking advantage of economies of scale, allowing for lower cost of production, and saving staff resources for other Council priorities.
While the external auditor currently prepares the ACFR for $3,000, it was estimated that it would cost $10,000 to $15,000 to hire a separate firm to perform the work, though actual costs would depend on the RFP responses.
The Town Council considered the item on the April 16, 2024 meeting and authorized the Town Manager to prepare and issue a Request for Proposal (RFP) for ACFR preparation.
DISCUSSION:
Staff issued and RFP in June 2024. The RFP was posted on the Town website, sent out to the Town’s available auditor services list, and posted on the California Society of Municipal Finance Officers (CSMFO) RFP website, and received only one proposal. While the proposal met the minimum qualifications, the proposed cost of the preparation services was $43,000, higher than the $39,000 the Town is currently paying for its entire annual audit services including the ACFR preparation.
It is possible that this premium pricing may be a matter of timing as many firms likely already have a full workload of clients this year. Staff believes it will have better success finding a qualified consultant starting with the FY 2024/25 ACFR preparation, when adequate time is given to potential consultants to include the requested services in their annual workplan. As this is not a common practice in local government, staff will continue its efforts to promote the reissued RFP to find qualified consultants to assist with the completion of the ACFR.
In the meantime, staff is continuing its work with the Town‘s external auditor, Chavan & Associates, LLP.
CONCLUSION:
Authorize the Town Manger to reissue a Request for Proposal (RFP) for the Preparation of the Annual Comprehensive Financial Report (ACFR) with a modification starting the ACFR preparation services for the FY 2024/25 ACFR.
ITEM NO. 19.
PAGE 3 OF 3
SUBJECT: Reissue RFP for ACFR Preparation Services
DATE: August 09, 2024
FISCAL IMPACT:
If Council authorizes staff to reissue the RFP for ACFR services, any additional cost beyond using the current external auditor (Chavan & Associates, LLP) will be included in the Proposed FY 2025/26 Operating Budget. The current proposal was $43,000 for the FY 2023/24 ACFR preparation services. The cost of the FY 2024/25 ACFR preparation services is pending results of the reissued RFP submittals.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ITEM NO. 19.
PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 8/20/2024
ITEM NO: 20
DATE: August 15, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce an Ordinance Titled: “An Ordinance of the Town Council of the Town of Los Gatos Amending Town Code Section 1.10.075, ‘Official Town Holidays – Designated; Exceptions’ to Add Veterans Day as a Town Holiday” RECOMMENDATION:
Introduce an ordinance, by title only, to amend Town Code section 1.10.075, “Official Town Holidays – Designated; Exceptions,” to add the Veterans Day Holiday to the list of official Town holidays.
BACKGROUND:
The Town and its bargaining units recently agreed to add Veterans Day as an official Town holiday. The Memoranda of Understanding between the Town and most bargaining units have been amended accordingly. Town representatives and the Police Officers Association are currently working on a side letter agreement to document this holiday.
Staff recommends that a Veterans Day holiday be added for the Town as a whole.
CONCLUSION:
In order to accomplish this, staff is recommending that the Town Council introduce a proposed amendment to Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” of the Town Code to add Veterans Day to the list of the Town’s observed holidays. If introduced by the Town Council, this proposed ordinance will return to the Town Council for adoption at a subsequent meeting and will take effect 30 days after adoption.
ITEM NO. 20.
PAGE 2 OF 2
SUBJECT: Adding Veterans Day Holiday
DATE: August 15, 2024
COORDINATION:
The Town Attorney’s Office, Town Manager’s Office, and Human Resources Department coordinated this report.
FISCAL IMPACT:
This agenda item will add one new paid holiday to the Town’s official holiday calendar.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Ordinance Redline
2. Draft Ordinance
ITEM NO. 20.
1 of 3
Ordinance August 20, 2024
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 1.10.075, “OFFICIAL TOWN HOLIDAYS – DESIGNATED; EXCEPTIONS” TO ADD VETERAN’S DAY AS A TOWN HOLIDAY
WHEREAS, Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” lists the Town holidays;
WHEREAS, Veteran’s Day has been included as a holiday in the Town’s recently-amended memorandum of understanding with the Police Officer’s Association; WHEREAS, staff recommends adding Veteran’s Day as an official Town holiday: and WHEREAS, the Town Council deems it necessary to amend Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” of the Town Code to add Veteran’s Day, to the list of recognized Town holidays in the Town Code;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS as follows:
SECTION I. Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” of the Town Code is hereby amended to add the following underlined language and re-number the holidays:
Sec. 1.10.075. Official Town holidays—Designated; exceptions. (a) The following days shall be holidays for the Town:
(1) January first.
(2) The third Monday in January.
(3) The third Monday in February.
(4) The last Monday in May.
(5) Juneteenth.
(6) July fourth.
(7) The first Monday in September.
(8) November eleventh
(8)(9) Thanksgiving Day.
(9)(10) The Friday following Thanksgiving Day.
(10)(11) December twenty-fifth.
ATTACHMENT 1
ITEM NO. 20.
2 of 3
Ordinance August 20, 2024
(11)(12) Every day appointed by the President or Governor for a public fast, thanksgiving or holiday, which is also designated as a Town holiday by the Mayor through written directive.
(b) If any of the holidays designated above fall upon a Saturday, the preceding Friday, instead of Saturday, shall be the holiday. If any of the holidays designated above fall upon a Sunday, the succeeding Monday, instead of Sunday, shall be the holiday. (c) If provisions of this section are in conflict with provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, then the provisions shall not become effective unless approved by the Town Council in the annual budget.
(Code 1968, § 1-13)
SECTION 2. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is 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 portions of this Ordinance or its application to other persons and circumstances. The Town Council of the Town of Los Gatos declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable
SECTION 3. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061{b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
SECTION 4. PUBLICATION. The Town Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the Town of Los Gatos and to cause publication once in the Los Gatos Weekly, the official publication of legal notices of the Town of Los Gatos, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).
SECTION 5. 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 following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the
ITEM NO. 20.
3 of 3
Ordinance August 20, 2024
Town of Los Gatos on the ____ day of _____ 20 . This ordinance takes effect 30 days after it is adopted.
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.
1 of 3
Draft Ordinance Adoption Date
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 1.10.075, “OFFICIAL TOWN HOLIDAYS – DESIGNATED; EXCEPTIONS” TO ADD VETERANS DAY AS A TOWN HOLIDAY WHEREAS, Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” lists the Town holidays;
WHEREAS, Veterans Day has been included as a holiday in the Town’s recently-amended memorandum of understanding with the Police Officer’s Association; WHEREAS, staff recommends adding Veterans Day as an official Town holiday: and WHEREAS, the Town Council deems it necessary to amend Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” of the Town Code to add Veterans Day, to the list of recognized Town holidays in the Town Code;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS as follows:
SECTION I. Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” of the Town Code is hereby amended to add the following underlined language and re-number the holidays:
Sec. 1.10.075. Official Town holidays—Designated; exceptions. (a) The following days shall be holidays for the Town:
(1) January first.
(2) The third Monday in January.
(3) The third Monday in February.
(4) The last Monday in May.
(5) Juneteenth.
(6) July fourth.
(7) The first Monday in September.
(8) November eleventh.
(9) Thanksgiving Day.
(10) The Friday following Thanksgiving Day.
(11) December twenty-fifth.
ATTACHMENT 2
ITEM NO. 20.
2 of 3
Draft Ordinance Adoption Date
(12) Every day appointed by the President or Governor for a public fast, thanksgiving or holiday, which is also designated as a Town holiday by the Mayor through written directive.
(b) If any of the holidays designated above fall upon a Saturday, the preceding Friday, instead of Saturday, shall be the holiday. If any of the holidays designated above fall upon a Sunday, the succeeding Monday, instead of Sunday, shall be the holiday. (c) If provisions of this section are in conflict with provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, then the provisions shall not become effective unless approved by the Town Council in the annual budget.
(Code 1968, § 1-13)
SECTION 2. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is 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 portions of this Ordinance or its application to other persons and circumstances. The Town Council of the Town of Los Gatos declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable
SECTION 3. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061{b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
SECTION 4. PUBLICATION. The Town Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the Town of Los Gatos and to cause publication once in the Los Gatos Weekly, the official publication of legal notices of the Town of Los Gatos, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).
SECTION 5. 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 following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the ____ day of _____ 20 . This ordinance takes effect 30 days after it is
ITEM NO. 20.
3 of 3
Draft Ordinance Adoption Date
adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
________________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
____________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 20.