Los Gatos City Council
September 17, 2024

ITEM NO. 10.

General Plan: The General Plan, including the Land Use, Transportation and Safety Elements, was reviewed for information regarding goals and policies consistent with hazard mitigation to carry over as goals and objectives.

Capital Improvements Plan: The Capital Improvements Plan was reviewed to identify crossplanning initiatives.

Emergency Operations Plan: The EOP Base Plan was reviewed to identify existing and potential mitigation planning strategies.

Other Plans: The Stormwater Management Plan, Community Wildfire Protection Plan, Ad Hoc Wildfire Committee Report, Green Stormwater Infrastructure, Green City Plans, and even the Parks and Recreation Master Plan were reviewed to identify possible integrative mitigation planning initiatives.

Municipal Code: The Municipal Code was reviewed for a full capability assessment and for identifying opportunities for action plan integration.

Ordinances: The Flood Damage Prevention, Zoning, Subdivision, Stormwater Pollution Prevention and Watershed Protection, and Open Space ordinances were analyzed for alignment with natural hazard planning efforts.

Full Capability Assessment
An assessment of legal and regulatory capabilities is presented in Table 4 and Table 5. An assessment of fiscal capabilities is presented in Table 6. An assessment of staffing capabilities is presented in Table 7. An assessment of administrative and technical capabilities is presented in Table 8. Information on National Flood Insurance Program (NFIP) compliance is presented in Table 9. An assessment of education and outreach capabilities is presented in Table 10. Classifications under various community mitigation programs are presented in Table 11. Development and permitting capabilities are presented in Table 12, and the community’s adaptive capacity for the impacts of climate change is presented in Table 13.

Table 4: Legal and Regulatory Capabilities: Codes, Ordinances, and Requirements Legal and
Regulatory
Capability
Local
Authority
Other
Jurisdiction
Authority
State
Mandated
Integration
Opportunity?
Building Code Yes Yes Yes Yes
Comment: Town Code, Chapter 6 was amended in 2022. The 2022 California Building Code Title 24, Part 1 and Part 2, Volumes 1 and 2 are adopted by reference.

Zoning
Ordinance
Yes No Yes No
Comment: Town Code, Chapter 29
Subdivision
Ordinance
Yes No Yes No
Comment: Town Code, Chapter 24
Stormwater
Management
Ordinance
Yes No No Yes
Comment: Town Code, Chapter 22

ITEM NO. 10.

Legal and
Regulatory
Capability
Local
Authority
Other
Jurisdiction
Authority
State
Mandated
Integration
Opportunity?
Other Natural
HazardSpecific
Ordinances
Yes No Yes Yes
Comment: Town Code, Chapter 8, 9, and 12
Post-Disaster
Recovery
Yes Yes Yes No
Comment: Town Code, Chapter 8
Real Estate
Disclosure
No No Yes No
Comment : Cal. Civ. Code §1102 et seq.

Growth
Management
Yes Yes Yes Yes
Comment: Town Code Chapter 29, 2016 and Town’s General Plan, 2010; Cal. Gov. Code §65300 et seq.

Site Plan
Review
Yes Yes Yes No
Comment: Town Code, Chapter 29
Environmental
Protection
Yes Yes Yes Yes
Comment: Lead Agency for project level CEQA review
Flood Damage
Prevention
Yes Yes Yes Yes
Comment: Town Code, Chapter 29
Emergency
Management
Yes Yes Yes Yes
Comment: Town Code Chapter 8
Climate
Change
Yes Yes Yes Yes
Comment: Town Code, Chapter 9
Acquisition of
land for open
space and
public
recreation
uses
No No No No
Comment: None Identified.

ITEM NO. 10.

Table 5: Planning, Legal, and Regulatory Capabilities
Planning, Legal, or Regulatory Capability Local
Authority
Other
Jurisdiction
Authority
State
Mandated
Integration
Opportunity?
General Plan Yes Yes Yes Yes
Is the plan compliant with Assembly Bill 2140? Yes, the General Plan contains a Hazard and Safety Element
Comment: Los Gatos 2040 General Plan was adopted June 30, 2022 Capital Improvement Plan Yes No No Yes
How often is the plan updated? Annually
Comment : Los Gatos Capital Improvement Program
Floodplain or Watershed Plan Yes Yes No No
Comment: Santa Clara Valley Water District
Stormwater Management Plan Yes Yes Yes Yes
Comment: West Valley Clean Water Program, Santa Clara County Drainage Manual, Santa Clara Valley Urban Runoff Pollution Prevention Program
Urban Water Management Plan No Yes Yes Yes
Comment: West Valley Clean Water Program
Habitat Conservation Plan No No No No
Comment: None Identified
Green Infrastructure Plan Yes No No Yes
Comment: Town of Los Altos Green Stormwater Infrastructure Plan, 2019 Parks or Open Space Plan Yes No Yes Yes
Comment: General Plan 2040, Element 7
Economic Development Plan No No No No
Comment: None identified.

Transportation Plan Yes No Yes Yes
Comment: General Plan 2040, Mobility Element
Shoreline Management Plan No No No No
Comment: None identified.

Community Wildfire Protection Plan No Yes Yes Yes
Comment: Santa Clara County Community Wildfire Protection Plan, Annex 9 Forest Management Plan No No No No
Comment: None identified.

Climate Action Plan Yes Yes No Yes
Comment: Sustainability Plan, 2012
Comprehensive Emergency
Management Plan
No No No No
Comment: None identified.

Local Emergency Operations Plan Yes Yes Yes Yes

ITEM NO. 10.

Planning, Legal, or Regulatory Capability Local
Authority
Other
Jurisdiction
Authority
State
Mandated
Integration
Opportunity?
Comment: Los Gatos Emergency Operations Plan ( EOP), 2015 Threat and Hazard Identification and Risk
Assessment (THIRA)
Yes Yes Yes Yes
Comment: The THIRA is included in the Emergency Operations Plan, Page 14.

Post-Disaster Recovery Plan Yes No No Yes
Comment: Emergency Operations Plan, 2015 Page 34
Continuity of Operations Plan Informal No No No
Comment: Informal plan
Public Health Plan No Yes No Yes
Comment: Santa Clara County Department of Public Health Other: Hillside Protection Plan Yes No No Yes
Comment: The Hillside Development Standards and Guidelines were adopted by the Town Council in January 2004.

Table 6: Financial Capabilities
Financial Capability Could the resource be
used to fund future
mitigation activities?
Has the funding resource been
used in the past for mitigation
activities? If yes, for what type
of mitigation activities?
Community Development
Block Grants
Yes No
Other Federal Funding
Programs
Yes Yes
Vegetation Management
Capital Improvements Project
Funding
Yes Yes
Vegetation Management
Authority to Levy Taxes for
Specific Purposes
Yes No
User Fees for Water, Sewer,
Gas or Electric Services
No No
Stormwater Utility Fee No No
Incur Debt through General
Obligation Bonds
Yes No
Incur Debt through Special
Tax Bonds
Yes No
Incur Debt through Private
Activity Bonds
No No
Withhold Public Expenditures
in Hazard-Prone Areas
No No
State Funding Programs Yes Yes
Fuel Load Reduction

ITEM NO. 10.

Financial Capability Could the resource be
used to fund future
mitigation activities?
Has the funding resource been
used in the past for mitigation
activities? If yes, for what type
of mitigation activities?
Development Impact Fees for
Homebuyers or Developers
Yes No
Public or Private Partnership
Funding Sources
No No
Other Funding Sources No No
Table 7: Staffing Capabilities
Staffing Capability Have Capability? Is staffing adequate to enforce regulations?
Is staff trained on
natural hazards
and mitigation?
Chief Building Official Yes
Full Time
Community Development
Department, Building
Division
Yes Yes
Parks and Recreation
Director
Yes
Full Time
Parks and Public Works
Department
Yes Yes
Emergency Manager Yes
Part Time
Town Manager’s Office
Yes Yes
Community Planner Yes
Full Time
Parks and Public Works
Department,
Community
Development
Department
Yes Yes
Civil Engineer Yes
Full Time
Parks and Public Works
Department,
Community
Development
Department
Yes Yes
Engineers or
professionals
trained in building or
infrastructure
construction practices
Yes
Full Time
Parks and Public Works
Department,
Community
Development
Department
Yes Yes

ITEM NO. 10.

Staffing Capability Have Capability? Is staffing adequate to enforce regulations?
Is staff trained on
natural hazards
and mitigation?
Planners or engineers
with knowledge of land
development and land
management practices
Yes
Full Time
Parks and Public Works
Department,
Community
Development
Department
Yes Yes
Planners or engineers
with an understanding
of natural hazards
Yes
Full Time
Parks and Public Works
Department,
Community
Development
Department
Yes Yes
Surveyors No No No
GIS Coordinator or
personnel skilled or
trained in GIS
applications
Yes
Contracted
Parks and Public Works
Department,
Community
Development
Department
Yes Unknown
Public Works Director Yes
Full Time
Parks and Public Works
Department
Yes Yes
Fire Chief Yes
Contracted
Santa Clara County Fire
Department
Yes Yes
Environmental Director Yes
Full Time
Parks and Public Works
Department,
Environmental
Services
Yes Yes
Staff with training in
benefit/cost analysis
Yes
Full Time
Parks & Public Works
Department
Yes Yes
Scientist familiar with
natural hazards in local
area
No No No

ITEM NO. 10.

Table 8: Administrative and Technical Capabilities
Administrative or Technical
Capability
Have Capability? Has the capability been used to
assess or mitigate risk in the past? If
yes, what type of hazard event?
Maintenance programs to
reduce risk
Yes Yes, tree pruning and removal
Mutual aid agreements Yes Yes, agreements have been made with police and fire departments.

Hazard data and information No No
Hazus analysis or GIS
software
Yes GIS has been utilized in building and
development review, as well as
permitting.

Grant writing No N/A
Does your jurisdiction have
any established warning
systems or services for
hazard events?
Yes AlertSCC and Nixle
Table 9: National Flood Insurance Program (NFIP) Compliance Topic Response
What department in your jurisdiction is
responsible for floodplain management?
Parks and Public Works
Who acts as your jurisdiction’s floodplain
administrator?
Director of Parks and Public Works
Is the floodplain administrator or NFIP
Coordinator certified?
No
Is floodplain management an auxiliary
function in your jurisdiction?
No
What is the date of adoption of your flood
damage prevention ordinance?
2003
Provide an explanation of the permitting
process for development within the floodplain.

See Town Code Chapter 29 Zoning Regulations,
Article IX. Floodplain Management, Division 2.

Administration.

Does your floodplain management program
meet or exceed minimum requirements?
Yes
How are the substantial
improvement/substantial damage provisions
implemented?
The Floodplain Administrator is responsible for
making substantial improvement/substantial
damage determinations including determining how
to calculate market value in accordance with Sec.

29.90.030 of the town’s Code. In addition to
physical assessments, the town’s permitting
process can be used to assess potential SI/SD
structures. The Floodplain Administrator is
responsible for reviewing all development permits.

When did your jurisdiction enter the NFIP? January 17, 1979

ITEM NO. 10.

Topic Response
Is your jurisdiction in good standing with the
NFIP?
Yes
Are the jurisdiction’s Flood Insurance Rate
Maps (FIRMs) digital, paper, or both?
Digital
Adopted effective FIRMs dated 5/18/2009
Explanation of NFIP administration services
within your jurisdiction.

Permit application review for floodplains, Valley
Water runs CRS outreach (Town is not in CRS,
but uses the resources)
Barriers to running an effective NFIP program
in your jurisdiction.

None
When was the most recent Community
Assistance Visit (CAV) or Community
Assistance Contact (CAC)?
Unknown
Is a CAV or CAC scheduled or needed? No
Does your jurisdiction have any outstanding
NFIP compliance violations that need to be
addressed?
No
Do your flood hazard maps adequately
address the flood risk within your jurisdiction?
Yes
Does your floodplain management staff need
any assistance or training to support its
floodplain management program?
No
Does your jurisdiction participate in the
Community Rating System (CRS)?
No
How many structures are exposed to flood risk
within your jurisdiction?
In 10% annual chance flood hazard area: 9
In 1% annual chance flood hazard area: 36
In 0.2% annual chance flood hazard area: 9,400
How many flood insurance policies are in
force in your jurisdiction?
What is the insurance in force?
What is the premium in force?
66 policies in force
$20,606,800 insurance in force
$39,411 premium in force
Areas of flood risk with limited NFIP policy
coverage.

None
How many total loss claims have been filed in
your jurisdiction?
How many claims were closed without
payment or are still open?
What is the total amount of paid claims?
How many claims were for substantial
damage?
13 total loss claims have been filed
8 claims closed without payment
$31,535 total payments for losses
How NFIP compliance will be continued during
the next 5 years.

Review floodplain management regulations
Regulate in SFHAs
Continue public education

ITEM NO. 10.

Table 10: Education and Outreach Capabilities
Education or Outreach
Capability Response
How does the personnel,
program, or organization
relate to disaster
resilience and
mitigation?
Could the personnel,
program, or
organization help
implement future
mitigation activities?
Does your jurisdiction have
a Public Information Officer
or Communications Office?
Yes Town Manager’s Office
staff currently acts as the
Public
Information Officer and
assists with
communicating hazard
and disaster related
information.

Yes
Does your jurisdiction have
personnel skilled or trained
in website development?
Yes Personnel can include or
design hazard information
on websites.

Yes
Does your jurisdiction have
hazard mitigation
information available on
your website?
Yes The General Plan, Flood
Plain Ordinance, Hillside
Development
Standards & Guidelines,
Los Gatos Prepared
Webpage all communicate
hazard mitigation
information and is
available to the public.

Yes
Does your jurisdiction
utilize social media for
hazard mitigation education
and outreach?
Yes Facebook, Instagram,
Twitter, Nextdoor,
LinkedIn, a weekly Town
newsletter, and “News
and Updates” information
on the homepage of the
Town website are
utilized.

Yes
Does your jurisdiction have
any citizen boards or
commissions that address
issues related to hazard
mitigation?
Yes The Planning Commission
performs duties and
exercises power and
authority with regard to
planning, subdivisions,
zoning, zoning
administration, and other
land use regulatory
controls as prescribed by
ordinance and state law.

Yes

ITEM NO. 10.

Education or Outreach
Capability Response
How does the personnel,
program, or organization
relate to disaster
resilience and
mitigation?
Could the personnel,
program, or
organization help
implement future
mitigation activities?
Does your jurisdiction have
any ongoing public
education or information
programs that could be
used to communicate
hazard-related information?
Yes Information available on
the Town’s website,
weekly newsletter. social
media platforms, and
response team groups
provide public education
related to hazard
mitigation.

Yes
Does your jurisdiction have
local citizen groups or nonprofit organizations focused on environmental
protection, emergency
preparedness, and/or
underserved populations?
Yes The Los Gatos-Monte
Sereno Disaster Aid
Response Team and
CERT Team are part of
mitigation efforts in the
community.

Yes
Does your jurisdiction have
ongoing public education or
information programs?
Yes N/A N/A
Does your jurisdiction have
natural disaster or safety
related school programs?
No N/A N/A
Does your jurisdiction have
public/private partnership
initiatives addressing
disaster-related issues
No N/A N/A
Table 11: Community Classifications
Participating? Classification Date
Classified
Community Rating System No N/A N/A
Building Code Effectiveness Grading
Schedule
No N/A N/A
Insurance Services Office (ISO) Fire Rating Yes 2 2015
National Weather Service StormReady
Program®
No N/A N/A
Firewise USA® Program
Aldercroft Heights, Chemeketa Park, and
Wilderfield/Whiterock/Bear Mountain Roads
Yes N/A N/A

ITEM NO. 10.

Table 12: Development and Permitting Capabilities
Development or Permitting Capability Response
Does your jurisdiction issue development
permits?
If no, who does? If yes, which department?
Yes, the Building Division.

Does your jurisdiction have the ability to track
permits by hazard area?
Technically, yes. However, our computer system
is not set up to track in that manner.

Does your jurisdiction have a buildable lands
inventory?
No
Table 13: Adaptive Capacity for Climate Change
Adaptive Capacity Assessment Question Jurisdiction Rating Technical Capacity
Jurisdiction-level understanding of potential climate change impacts Medium
Comment: The library is offering programming specifically targeted to increasing understanding.

Jurisdiction-level monitoring of climate change impacts Low Comment: None Provided.

Technical resources to assess proposed strategies for feasibility and externalities Low
Comment: None Provided.

Jurisdiction-level capacity for development of greenhouse gas emissions inventory Low
Comment: None Provided.

Capital planning and land use decisions informed by potential climate impacts Medium
Comment: None Provided.

Participation in regional groups addressing climate risks Low Comment: None Provided.

Implementation Capacity
Clear authority/mandate to consider climate change impacts during public decision-making processes Low
Comment: None Provided.

Identified strategies for greenhouse gas mitigation efforts Low Comment: None Provided.

Identified strategies for adaptation to impacts Low
Comment: None Provided.

Champions for climate action in local government departments Medium Comment: None Provided.

ITEM NO. 10.

Adaptive Capacity Assessment Question Jurisdiction Rating Political support for implementing climate change adaptation strategies Medium
Comment: None Provided.

Financial resources devoted to climate change adaptation Low Comment: None Provided.

Local authority over sectors likely to be negatively impacted Low Comment: None Provided.

Public Capacity
Local residents’ knowledge of and understanding of climate risk Medium Comment: None Provided.

Local residents’ support of adaptation efforts Medium
Comment: None Provided.

Local residents’ capacity to adapt to climate impacts Medium Comment: None Provided.

Local economy’s current capacity to adapt to climate impacts Low Comment: None Provided.

Local ecosystems capacity to adapt to climate impacts Low Comment: None Provided.

Opportunities to Expand Upon and Improve Existing Capabilities The hazard mitigation planning process presented the opportunity for the community to discuss and evaluate their current capabilities however, building mitigation capabilities is an ongoing process. New capabilities can be added which will support mitigation. Current capabilities can also be enhanced to actively support mitigation and reduce risk. Significant efforts have been made to increase the capabilities of jurisdictions across the OA. By participating in this plan update, each community is reinforcing their support for mitigation and understanding of the capabilities they need to successfully implement mitigation measures. Actions that can expand and improve existing authorities, plans, policies, and resources for mitigation include:
 Developing a Climate Action Plan which incorporates hazard data and actions to adapt to a changing climate.
 Budgeting and passing policies and procedures for mitigation actions.  Adopting and implementing stricter mitigation regulations.  Approving the training of staff for mitigation activities.  Approving mitigation updates to existing plans as new needs are recognized.  Continuing to update plans as necessary to ensure they are current and reflect the needs of the community or special district.
 Further developing warning systems and messaging.
 Creating and implementing additional public education and outreach offerings and increasing the volume of translated materials.

ITEM NO. 10.
 Ensuring grant opportunities are capitalized upon to meet mitigation goals.

Each type of the four FEMA-identified capabilities were evaluated, in addition to OA-priority capabilities like adaptive capacity. Gaps and limitations, if any, are discussed in the tables above. Additional jurisdiction-specific opportunities to expand on and improve capabilities for reducing risk include:
 Hire staff to implement fuel reduction programs and to manage related grants.  Train staff on hazards and reviewing developmental projects.  Expand and hire new grant writing and grant administration staff.  Expand the CERT program and volunteer management staff. The community supports the staff and the program, but there is no current funding.
 Expand emergency alerts and hazard alarm systems (outdoor warning siren) for wildfire, and all other hazards.
 Increase funding and opportunities for mitigation action implementation through programs like BRIC and ICARP.

Since the last plan update, multiple new grant programs that support mitigation measures have been established. FEMA’s annual BRIC grant program funds a variety of mitigation actions including infrastructure projects, nature-based solutions, climate adaptation, hazard resistant building codes, and projects benefitting disadvantaged communities. This program is funded annually, meaning jurisdictions can apply on a consistent basis, rather than waiting for a disaster declaration to make additional mitigation funds available. Within California, the Governor’s Office of Planning and Research has established the Integrated Climate Adaptation and Resiliency Program (ICARP) which funds multiple grants related to climate adaptation and resilience. Types of projects that could be funded under ICARP grants include adaptation planning, capacity building, climate resilience measures, and reducing the impacts of extreme heat.

Integration with Other Planning Initiatives
This section describes the process for integrating the hazard mitigation plan into local planning mechanisms.

Existing Integration
The following plans and programs currently integrate the goals, risk assessment and/or recommendations of the 2017 hazard mitigation plan:
 General Plan: The General Plan includes a Hazard and Safety Element that directly addresses mitigation capabilities and initiatives.
 Community Wildfire Protection Plan: The Community Wildfire Protection Plan outlines many mitigation strategies for the town, and they have been reviewed for incorporation.  Ad Hoc Wildfire Committee Report: Town Council approved the creation of a Town Council Ad Hoc Committee to study wildfire mitigation in the Wildland Urban Interface (WUI). The Committee studied a broad variety of wildfire mitigation policy and project options to improve the Town’s wildfire resiliency. The Committee examined best practices of similar WUI communities, lessons learned from recent fires, and other relevant areas of wildfire science.  Emergency Operation Plan: The Emergency Operation plan integrates many pieces of the Hazard Mitigation Plan through a Hazard Analysis, Preparedness, Response, Recovery, and Mitigation sections.

ITEM NO. 10.
 Sustainability Plan: The Adaptive Capacity for Climate Change section of the Hazard Mitigation Plan integrates into the Sustainability Plan.
 Ordinances: The Zoning, Subdivision, and other natural hazard specific ordinances have been reviewed for cross integration of mitigation strategies.  Land Development Regulations: They all consider climate adaptation and hazard mitigation in the updates, especially subdivision regulations.
 Building Code: The Building Code currently integrates the Hazard Mitigation Plan by enforcing codes that will mitigate disaster damages.

These plans and programs will continue to integrate the 2023 hazard mitigation plans and goals and will be updated to match new information as each of these plans and programs are updated.

Opportunities for Future Integration
The following plans and programs do not currently integrate the goals, risk assessment and/or recommendations of the hazard mitigation plan, but provide an opportunity for future integration:
 Green Stormwater Infrastructure Plan: Green Stormwater Infrastructure Plan does not currently address natural hazards but has been identified to implement mitigation actions in the future.

Information that could be incorporated into the Green Stormwater Infrastructure Plan include hazard risk data, the history of previous events, GIS data, and related mitigation actions. This plan was prepared in conjunction with the West Valley Clean Water Authority, a collaborative partnership between the Cities of Campbell, Monte Sereno, Saratoga, and Los Gatos. The Town staff who participated in this plan update will be responsible for integrating this 2023 MJHMP into other planning mechanisms.

The Director of Parks and Public Works/Floodplain Administrator, as well as the city’s Senior Analyst from the Office of Town Manager, participated in this plan update. They, along with the city’s other team members, will be responsible for disseminating information on this plan and ensuring it’s integration into other planning mechanisms moving forward.

Jurisdiction-Specific Natural Hazard Event History
Table 14 lists all past occurrences of natural hazards within the jurisdiction.

Table 14: Natural Hazard Events
Type of Event FEMA Disaster #
(if applicable) Date PreliminaryDamage Assessment
Flood DR-4683 01/14/2023 Trees, roadways,
concrete, roofs, fencing
all due to wind damage
Jurisdiction-Specific Vulnerabilities
 Five earthquake scenarios were generated using the Hazus modeling program. $469 million (5.2% of total value) in losses were estimated for Los Gatos in the 100-year probabilistic scenario, and $1.94 billion (21.33% of total value) for a 500-year probabilistic scenario. Of the 3

ITEM NO. 10.
fault-based scenarios, the highest loss estimates for Los Gatos were from the Hayward Fault scenario, with an estimated $470 million in losses, or 5.23% of the total replacement value. Some private structures may be “soft-story” in need of hardening.  8,311 people, 24.8% of the total population, are in wildfire hazard areas. Over $2 billion in structural value (19.75% of the total) are also in moderate to high wildfire hazard areas. 11 essential facilities are near wildfire hazard.
 Potential inundation areas from dam failure could impact 5,721 people in Los Gatos. Property valued at $1.6 billion is within the potential inundation area of J Lenihan Dam. The proximity of the dam to Los Gatos would contributes to velocity and depth of the floodwaters impacting the town coupled with limited warning time. Over 2 miles of Hwy 17 below J Lenihan dam is in a potential inundation zone. Los Gatos Saratoga Rd and Norman Y Mineta Hwy are also major routes that could be impacted. 25 bridges, 4 schools and the city Emergency Operations Center. are also in potential inundation boundaries.
 Hazus flood models estimate 1,216 people (3.6%) in Los Gatos are at risk to a 1% annual chance flood hazard area, and 1,485 people (4.4%) are within the 0.2% annual chance flood hazard area.

Losses estimated for the 1% flood hazard are almost $170 million, and over $210 million for a

0.2% chance flood.
 Los Gatos has a large area at moderate to high potential for landslide. 7,527 people (22.5%) are exposed to landslide hazards. An estimated $2.2 billion worth of structures are within the moderate to high landslide potential area. Numerous roads and structures are in moderate to high landslide susceptibility areas, primarily across the south portion of the town. Roads in the hills may have dead-end spurs and a landslide could severely limit road access. Heavy rain can contribute to landslide activity.
 Drought is a hazard that has similar conditions over broad areas. It is anticipated that the impacts of drought will be fairly consistent across the OA. Drought impacts vegetation and can make it more vulnerable to disease and wildfire. Extended drought may necessitate limits on landscape irrigation or higher costs for irrigation, which can have economic impacts. Although agriculture is not a primary economic sector in the OA, drought can have severe negative impacts on growth of crops and gardens. Climate change is expected to contribute to more days with extreme heat and more days without precipitation, which may increase the impacts of drought. Any restrictions on water supply or increases in cost for water may be a financial hardship for low income households.
 Impacts from inclement weather such as heavy rain, hail, and wind are likely to be very similar across the OA. Individual events may impact only limited areas, but the entire OA is at risk to similar conditions. Climate change may increase the frequency or severity of these events.  Heavy rain may cause localized flooding on roadways and low-lying areas which may disrupt transportation for the general public and can also delay emergency response. Heavy rain can also have cascading impacts on landslide potential or strain the capacity of dams.  High winds can disrupt power, communication and other services and cause damage to structures. Downed trees from high winds can have potential transportation impacts and requires debris removal and contributes to loss of tree canopy.
 Extreme heat or cold can be harmful to health, particularly those with inadequate housing with adequate warming and cooling systems. The library currently serves as a heating and cooling center.
 Tsunami was not profiled for the Town of Los Gatos due to distance from the shoreline and no direct risk.
 Critical facilities need evaluation to determine if they need of retrofitting or hardening against hazards.

ITEM NO. 10.

Repetitive loss records are as follows:
 Number of Federal Emergency Management Agency (FEMA)-identified Repetitive-Loss Properties (RL): 0
 Number of FEMA-identified Severe-Repetitive-Loss (SRL) Properties: 0  Number of RL Properties or SRL Properties that have been mitigated: 0 Other noted vulnerabilities include:
 The increasing frequency and intensity of drought and extreme heat due to climate change has resulted in a lengthening of the fire season. Dry spells during the winter months, especially when combined with winds and dead fuels, may result in fires that burn with a high intensity and rate.

Extreme rain events are increasing in frequency. Climate change is also causing changes in flora and fauna, changes in ecosystems due to extreme heat, and higher temperatures.  In the case of a dam or levee breach, vulnerabilities include potential damage to downtown, which is downstream from Lexington Dam. Potential damage would extend down Los Gatos Creek to the City of Campbell. The second dam in that area that could also be breached (Vasona Dam). Homes, buildings, and infrastructure within the 100-year FEMA floodplain are at risk.  A secondary Town water supply has not been identified or developed, which poses a risk in longterm drought conditions.  Buildings with very high or high collapse potential include residential and commercial buildings constructed prior to 1990 that have not had seismic retrofits. Downtown has older structures, and the Town Hall is older. Three major bridges over Highway 17 owned by CalTrans could be vulnerable. Los Gatos Creek Trail and pedestrian bridges are vulnerable. The trail is a major transportation thoroughfare.
 Street flooding occurs within the Town, and Loma Street floods frequently.  Steep slopes are present throughout the Town, some are close to roadways. Ground saturation may present an issue.
 Vulnerabilities related to inclement weather include tree impacts (debris removal, potential transportation impacts), loss of tree canopy, and no sheltering capacity in Town (the daytime heating and cooling center is at the Library).
 According to the 2017 MJHMP, 24% of the population lives in a wildfire severity zone. There are concerns related to inadequate evacuation infrastructure, as the roadway system is more rural, especially in hills and wildfire zones. There is an ongoing need for vegetation management in the very high severity zone. Populations living or working within the wildland-urban interface and people with chronic lung problems and other preexisting health conditions, children, pregnant women, and older adults are vulnerable.

Social Vulnerability
Figure 4 shows that Los Gatos mostly has low levels of social vulnerability. The characteristics of the population in Los Gatos indicate they will likely be more resilient to the effects of hazards than communities with higher vulnerability scores. An area of increased vulnerability in the north-central area of the city has higher indicator scores for household characteristics such as persons over age 65, persons under 17, and persons with disabilities. This area also has higher vulnerability for housing type and transportation indicators, such as households with no vehicle available and a higher percentage of multiunit housing. The northern census tract also has a higher percentage of Hispanic or Latino persons, and a higher percentage of Asian residents. Hazards risk areas that have some overlap with these areas of higher vulnerability include flood, dam failure, and higher liquefaction susceptibility.

ITEM NO. 10.

Figure 4: Los Gatos Social Vulnerability
Hazard Risk Index
Table 15 presents the hazards of concern from highest risk index number to lowest, as assigned by the Town of Los Gatos.

Table 15: Hazard Risk Index
Hazard Probability Life Impact Property
Impact
Percentage
of Area
Impacted
Maximum
Probable
Extent
Drought Occasional Minor Minor Extensive Weak
Inclement Weather -
Heavy
Precipitation/Atmospheric
River,
Likely Limited Minor Significant Moderate
Inclement Weather -
Extreme Heat
Likely Limited Minor Significant Moderate
Inclement Weather - High
Wind
Limited Limited Limited Significant Moderate
Dam and levee failure Unlikely Limited Minor Negligible Weak Landslide/Mass
movement
Occasional Limited Minor Negligible Moderate
Climate change Highly Likely Minor Minor Extensive Moderate

ITEM NO. 10.

Hazard Probability Life Impact Property
Impact
Percentage
of Area
Impacted
Maximum
Probable
Extent
Flood Unlikely Limited Minor Negligible Weak
Wildfire/smoke/air quality Highly Likely Critical Catastrophic Significant Major Earthquake Occasional Critical Limited Significant Major Future Needs to Better Understand Risk/Vulnerability
A Town-wide inspection of all critical facilities is needed to determine if hardening or retrofit projects are required. An analysis of soft story private structures that may need hardening will provide a better understanding of the risk.

Status of Previous Plan Actions
Participants were asked to report the status of their mitigation actions listed in the previous plan as a part of this plan update. Where further information isn’t provided, the answers are defined as follows:
 Completed – work on this action is totally complete.
 Completed and ongoing – work on this action is complete; however, it is an ongoing project that will continue to be implemented. An example is a public outreach campaign that was created and will continue to be implemented.
 In progress – work on this action has begun and is in progress, but the action is not yet complete.  Retain – work on this action has not begun yet, the action is still relevant, and it should be in the 2023 MJHMP.
 No longer relevant – Action item is no longer relevant due to reduce or eliminated risk, it no longer being feasible, there has been a change in jurisdictional or organizational priorities, or another reason as stated.

Unless specifically requested otherwise, only those actions listed as “retain” are incorporated into the 2023 action plan.

Table 16: Status of Action Items from the 2017 MJHMP
Action Item
Number* Action Item Description Hazard(s) Mitigated
Current
Status and
Comments
LGT-1 Periodically update the Town’s geologic, seismic, and geotechnical maps
All Hazards Ongoing
LGT-2 Periodically identify and retest, if needed, those bridges whose destruction would cause serious
access problems after an earthquake
Earthquake Completed
and ongoing
LGT-3 Work with facility owners to periodically ensure
that all buildings and structures in Town whose
uses and functions are essential in response to a
major earthquake are safe
All Hazards Retain

ITEM NO. 10.

Action Item
Number* Action Item Description Hazard(s) Mitigated
Current
Status and
Comments
LGT-4 Amend the Town Code to reduce the permitted
gradient for roads in areas determined to be high
risk landslide or fault zones.

Flood,
Earthquake
Retain
LGT-5 Update the Town’s earthquake preparedness
information packet, keep it current on an ongoing
basis and develop and implement effective
means to disseminate it to Town residents and
businesses
Earthquake Completed
and ongoing
LGT-6 Create and adopt a Geologic Hazards Checklist
to be utilized during the development review
process
Flood,
Earthquake
Future
LGT-7 Adopt procedures whereby the public will
continually be made aware of the Town’s policies
regarding safety hazards and be conveniently
supplied with information, including notification of
residents of fire emergency plans for their area
All Hazards Completed
and ongoing
LGT-8 Coordinate with Santa Clara Valley Water District (SCVWD) FEMA, and/or the State Department of
Water Resources to develop and distribute flood
hazard preparedness education information,
including evacuation plans, for residents
Flood Completed
and ongoing
* Number given to action item in 2017 Santa Clara County Operational Area Hazard Mitigation Plan Hazard Mitigation Action Plan and Evaluation of
Recommended Actions

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 26
Table 17 lists the actions that make up the Town of Los Gatos hazard mitigation action plan. The maps in Figure 5 through Figure 12 present the Town’s critical infrastructure, facilities, and identified hazard areas.

The description of the expected time frames for actions are defined below:
 Short term- 1-5 year
 Medium term- 5-10 years
 Long term- Over 10 years
 Ongoing - Currently being funded and implemented under existing programs.

The planning partners utilized the following criteria to prioritize action items into the categories of high, medium, or low.

High Priority— A project that:
 Meets multiple goals and objectives (i.e., multiple hazards);  Addresses multiple hazards;
 Has benefits that exceed cost;
 Has funding secured or is an ongoing project;
 Meets eligibility requirements for Hazard Mitigation Assistance grants;  Can be completed in the short term (1 to 5 years);
 Addresses immediate short-term impacts of climate change;  Benefits underserved and/or socially vulnerable populations; AND  Considers the Multi-Benefit Criteria utilized by the Santa Clara County Climate Collaborative, including equity, long-term value, ecosystem benefit, community benefit, and cross-jurisdictional alignment.

Medium Priority— A project that:
 Meets multiple goals and objectives;
 Addresses multiple hazards;
 Has benefits that exceed costs;
 Has funding has not been secured, but that is grant eligible under Hazard Mitigation Assistance grants or other grant programs;
 Project can be completed in the short term (1-5 years), once funding is secured. Medium priority projects will become high priority projects once funding is secured;  Addresses immediate short-term impacts of climate change;  Benefits underserved and/or socially vulnerable populations; AND  Considers the Multi-Benefit Criteria utilized by the Santa Clara County Climate Collaborative, including equity, long-term value, ecosystem benefit, community benefit, and cross-jurisdictional alignment.

Low Priority— A project that:
 Will mitigate the risk of at least one hazard;

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 27
 Has benefits that do not exceed the costs or are difficult to quantify:
 Does not have secured funding;
 Is not eligible for Hazard Mitigation Assistance grant funding;  Has a timeline for completion that is long term (greater than 5 years). Low priority projects may be eligible for other sources of grant funding from other programs;  May address impacts of climate change;
 May benefit underserved and/or socially vulnerable populations; AND  Considers the Multi-Benefit Criteria utilized by the Santa Clara County Climate Collaborative, including equity, long-term value, ecosystem benefit, community benefit, and cross-jurisdictional alignment.

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 28 Page 240
ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 29
Table 17: Town of Los Gatos 2023 Action Items
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority
LGT-3* Work with facility owners to
periodically ensure that all buildings
and structures in Town whose uses
and functions are essential in
response to a major earthquake are
safe. After an earthquake greater
than 5.0 magnitude, major floods
and fires, the Community
Development Department is tasked
with conducting damage surveys of
high hazard occupancies and
critical infrastructure facilities. The
PPW Department will conduct an
assessment of all non-facility critical
infrastructure (roads, bridges,
culverts, drainage, traffic signals
and signs) And coordinate with the
Water and WWTP jurisdictional
agency providers.

All Hazards Community
Development
Department (CDD),
Fire, Schools and
other critical
infrastructure and
high hazard
occupancies.

HMGP, PDM,
FMA
Ongoing Medium
LGT-4* Amend the Town Code to reduce
the permitted gradient for roads in
areas determined to be high risk
landslide or fault zones.

Flood,
Earthquake,
Landslide

CDD HMGP,
General Funds
Long term Low
LG-FR
(CWPP)
Continue to implement and update
the Town’s Roadside Vegetation
Management Program. Work with
the Santa Clara County Fire Safe
Council and Santa Clara County
Fire to update the CWPP and
prioritize Vegetation Management
projects.

Wildfire Town of Los Gatos;
County Fire.

HMGP-PF,
California Fire
Safe Council
(CA FSC),
Wildland Fire
Mitigation and
Management
Commission;
Ongoing High

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 30
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority
US Forest
Service; others
as made
available
LG-FR
(CWPP)
Work collaboratively with County
Fire and the Fire Safe Council to
identify fire buffer zones. Identify
vegetation management fire buffer
zone grant funding projects for
areas deemed high risk per the
CWPP.

Wildfire Town of Los Gatos;
County Fire; Fire
Safe Council.

Federal
Emergency
Management
Agency
(FEMA),HMGPPF, California
Fire Safe
Council (CA
FSC), Wildland
Fire Mitigation
and
Management
Commission;
US Forest
Service; others
as made
available
Long term Low
LG-FR
(CWPP)
Identify private roadways in the WUI
and evaluate methods for fuel load
reduction. Work with homeowners,
County Fire and Fire Safe Council
on home hardening community
educational outreach efforts and
County Chipper program
opportunities.

Wildfire Town of Los Gatos;
County Fire; Fire
Safe Council.

HMGP-PF,
California Fire
Safe Council
(CA FSC),
Wildland Fire
Mitigation and
Management
Commission;
US Forest
Service; others
as made
available
Long term High

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 31
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority
LG-FR
(CWPP)
Ensure utility providers monitor and
move equipment that may pose risk
to increase likelihood of a wildland
fire.

Wildfire Town of Los Gatos. Utility Fees Short term Low LG-FR
(CWPP)
Incorporate the CWPP Annex 9 in
the Los Gatos Local Hazard
Mitigation Plan section of the
Countywide Local Hazard Mitigation
Plan.

Wildfire Town of Los Gatos. Internal
Budget,
Short term High
LG-FR
(CWPP)
Incorporate all goals and objectives
identified in the Countywide CWPP
into the Los Gatos Plan.

Wildfire Town of Los Gatos. Internal Budget Short term High LG-FR
(CWPP)
Designate a Town representative to
work with the Fire Safe Council and
County Fire on updates to the
LHMP and CWPP.

Wildfire Town of Los Gatos;
Fire Safe Council;
County Fire.

Internal Budget Short term Low
LG-FR
(CWPP)
Conduct annual defensible space
inspections and enforce compliance
with state and local fire codes. Work
with Santa Clara County and Cal
Fire to provide residents with public
educational information on home
hardening and defensible space.

Wildfire County Fire. Internal,
community,
and Fire Safe
Council funding
Ongoing High
LG-FR
(CWPP)
Carefully review and consider new
development and redevelopment in
Fire Hazard Areas. Partner with the
Community Development
Department to assure that new
construction includes reviews for
wildland fire safety in the rural
mountain areas.

Wildfire Town of Los Gatos;
County Fire.

Internal and
County Fire
Budget
Ongoing High

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 32
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority
LG-FR
(CWPP)
Encourage fire safety improvements
to existing homes and commercial
buildings. Partner with the Firewise
Communities of Los Gatos to
provide outreach educational
materials to the residents in the
rural areas. Partner with County
Fire to provide fire safety
educational materials to local
businesses.

Wildfire Town of Los Gatos;
County Fire
Internal and
County Fire
Budget
Ongoing High
LG-FR
(CWPP)
Develop systems and strategies to
ensure residents receive
emergency communications in a
timely manner. Promote Alert Santa
Clara County at public events to
promote awareness on the
importance of residents signing up
for cell phone emergency
notifications
Wildfire Town of Los Gatos;
County Fire; CERT.

County Fire,
Fire Safe
Council, and
internal staff
budget
Short term High
LG-FR
(CWPP)
Continue to implement the Weed
Abatement Program to address
hazardous fuel reduction and
defensible space throughout the
community in partnership with
Firewise groups, County Fire and
Fire Safe Council.

Wildfire Private Property
Owners; County of
Santa Clara; County
Fire; Fire Safe
Council; Firewise
Communities.

County Budget Ongoing Medium
LG-FR
(CWPP)
Support residents in their need to
retain Homeowners Insurance.

Wildfire Homeowner’s
associations; Town
of Los Gatos;
County Fire
Community and
Fire Safe
Council
Ongoing High

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 33
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority
LG-FR
(CWPP)
Amplify educational resources
provided by County Fire at public
events.

Wildfire Town of Los Gatos;
County Fire
Internal and
County Budget
Ongoing Medium
LG-FR
(CWPP)
Explore additional funding sources
for wildfire mitigation and Town
emergency response. Update the
CWPP and LHMP to prioritize
projects based on risk.

Wildfire Town of Los Gatos Internal Budget Short term Medium LG-FR
(CWPP)
Provide annual evacuation
simulations in WUI neighborhoods.

Wildfire CERT volunteers;
Town of Los Gatos;
County Fire. Fire
Safe Council.

Firewise
Communities.

Internal and
County Fire
Budget
Long term High
LG-FR
(CWPP)
Partner with County Fire to identify
safety zones and temporary
evacuation points in the WUI. GIS
this information and provide to
residents through the Fire Safe
Council, Firewise Communities and
Public Education events.

Wildfire County Fire; Fire
Safe Council;
Firewise
Communities and
Town Manager’s
Office.

FEMA, CA

FSC, DHS
Short term High
LG-FR
(CWPP)
Develop and implement a
vegetation management plan for
increasing visibility in high fire prone
areas.

Wildfire Town of Los Gatos Town internal
funds and
private
residents
Long term Low
LG-FR
(CWPP)
Evaluate feasibility of providing 20
feet wide evacuation feeder routes
within WUI. Work with County/Town
Public Works, County Fire and Cal
Trans to coordinate.

Wildfire County Fire CA FSC, DHS Short term High

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 34
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority
LG-FR
(CWPP)
Partner with County Fire and Water
Agencies to address water shortage
concerns in WUI area.

Wildfire County Fire; Water
Agencies.

County Fire Long term High
LG-FR
(CWPP)
Installation of water tanks on Townowned Open Space property for fire suppression purposes. Identify
locations and size of Water tanks in
coordination with County Fire.

Wildfire County Fire in
partnership with
Town of Los Gatos
County Fire
Budget
Long term Low
1 Identify vulnerable populations in
the WUI and entire Town through
the development of a EOP Annex
for Access and Functional Needs
Individuals. (GP HAZ1-5)
All Hazards TMO HMGP;
General Funds.

Long term Medium
2 Preserve open space portions of
properties that are unbuildable due
to geologic and seismic conditions
as per the locally adopted building
code.

Earthquake CDD HMGP,
General Funds
Long term Medium
3 Require that all buildings and
structures needed for emergency
services and other essential
services exceed California Building
Code for seismic strengthening to
withstand a major earthquake. The
CDD and PPW departments to
develop a plan of action to assess
critical infrastructure. (GP HAZ4-6)
Earthquake CDD/Parks and
Public Works
(PPW)
HMGP,
General Funds
Long term Medium
4 Work with regional, state, and
federal organization and agencies
to incentivize seismic retrofit of
structures. (GP HAZ4-7).

Earthquake CDD/PPW HMGP,
General Funds
Long term Medium

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 35
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority
5 Require that a licensed
geologic/geotechnical engineer
complete the Town Geologic
Hazards Checklist for all new
proposed development to
demonstrate that potential hazards
have been identified and that
proposed structures, including
grading cuts and fills, will be
designed to resist potential
earthquake effects. (GP HAZ4-8)
Earthquake,
Landslide

PPW HMGP,
General Funds
Short term High
6 Require that new public utilities,
communication infrastructure, and
transportation facilities be
located, designed, and constructed
in a manner that minimizes risk and
maximizes functionality during and
after an earthquake. (GP HAZ4-9)
Earthquake PPW HMGP,
General Funds
Long term Medium
7 Require New Development to be
sited away from high risk geologic
and seismic hazard zone or use
construction techniques and
technologies to reduce risk; restrict
new development based on level of
risk and potential severity of
geologic hazards. (GP HAZ 4-1)
Earthquake,
Landslide

CDD HMGP,
General Funds
Long term High

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 36
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority
8 The Town shall implement all
minimum requirements from
appropriate State of California and
Santa Clara County agencies
relative to declared public health
emergencies. The Town shall also
consider the needs of the
community and expand the Town’s
response beyond these minimum
requirements, as appropriate. (GP
HAZ6-1)
Epidemic and
Pandemic
Town Manager HMGP,
General Funds
Ongoing High
9 Work closely with the State of
California and Santa Clara County
health officials to make certain that
Town needs are considered and
addressed and to make sure the
residents are made aware of
programs and resources in a timely
manner. (GP HAZ6-2)
Epidemic and
Pandemic
Town Manager HMGP,
General Funds
Ongoing High
10 Partner with organizations
responsible for essential health care
and human services to ensure
those services are provided as early
as possible to respond during and
recover after a public health
emergency or event. (GP HAZ6-3)
Epidemic and
Pandemic
Town Manager HMGP,
General Funds
Ongoing High
11 Promote training initiatives for
community partners and other
stakeholders within public health,
health care, human services,
mental/behavioral health, and
environmental health sectors. (GP
HAZ6-4)
Epidemic and
Pandemic
Town Manager HMGP,
General Funds
Ongoing High

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 37
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority
12 Continue to maintain and enhance
the Town’s communications and
education resources to
provide timely and up-to-date
information concerning public health
emergencies. (GP HAZ6-5)
Epidemic and
Pandemic
Town Manager HMGP,
General Funds
Ongoing High
13 Work with the State of California
and Santa Clara County to maintain
a supply of resources
necessary to respond to and
recover from a public health
emergency. (GP HAZ6-6)
Epidemic and
Pandemic
Town Manager HMGP,
General Funds
Ongoing Low
14 During and following any public
health emergency, Town staff
should work with the community to
identify ways to improve preparation
and responses necessary to
recover and return to normal
following a public health
emergency. (GP HAZ6-7)
Epidemic and
Pandemic
Town Manager HMGP,
General Funds
Ongoing Low
15 Obtain fee title to all land required to
be dedicated for flood protection.
(GP HAZ5-3)
Flood PPW HMGP,
General Funds
Ongoing High

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 38
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority
16 Flood hazards from heavy rain
events are not a major hazard to the
Town of Los Gatos. However, due
to climate change, the Town will
require new development and
redevelopment to provide design
solutions to control the
cumulative rate of peak stormwater
run-off to no higher than predevelopment levels. (GP HAZ5-4) Heavy rain
events

PPW HMGP,
General Funds
Ongoing Medium
17 Cooperate with the Santa Clara
Valley Water District to develop and
maintain additional
stormwater retention facilities in
areas where they are needed or
where the design capacity of
existing retention facilities cannot be
restored. (GP HAZ5-5)
Heavy rain
events

PPW HMGP,
General Funds
Ongoing Low

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 39
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority
18 Monitor and respond to the risk of
flooding caused by climate changerelated precipitation patterns and groundwater levels. Track stream
level gages and weather patterns to
identify potential for flooding during
storms events through the EOC
Technical Specialist function. While
flooding is not a major hazard for
the Town, the EOC will monitor
flood inundation zones and provide
advanced notification to residents,
including all AFN persons. If
residents are required to evacuate,
the EOC will work with its local
shelter services providers
(Churches, Red Cross, CERT
Volunteers and County Health
Servies) to shelter evacuees and
make AFN accommodations at
each shelter site. (GP HAZ5-6)
Heavy rain
events

PPW HMGP,
General Funds
Ongoing Low
19 Require Phase I site assessments
for new development proposed on
land that may be
contaminated with hazardous
materials or waste. (GP HAZ7-2)
Hazardous
Materials

CDD / PPW HMGP,
General Funds
Short term High
20 Support Santa Clara County Fire
Department in monitoring the
storage of hazardous materials
located in City Facilities. (GP HAZ7-
3)
Hazardous
Materials

CDD / PPW HMGP,
General Funds
Ongoing Medium

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 40
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority
21 Require all businesses that use,
store, or transport hazardous
materials or waste to prepare a
Hazardous Materials and Waste
Management Business Plan
through County Environmental
Health Agency. (GP HAZ7-4)
Hazardous
Materials

CDD HMGP,
General Funds
Long term Low
22 The Town shall develop and
distribute educational materials and
conduct educational outreach to
inform the public about household
hazardous waste, proper disposal
methods, and proper use and
storage of these materials in
partnership with the County
Household Hazardous Waste
Program. (GP HAZ7-5)
Hazardous
Materials

PPW HMGP,
General Funds
Long term Medium
23 Work with County Environmental
Health and private organizations to
prevent the introduction of
hazardous materials into the air and
the water supply. (GP HAZ7-1)
Terrorism,
Hazardous
Materials,
Transportation
Incidents
Town Manager HMGP,
General Funds
Ongoing High

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 41
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority
24 The most common inclement
weather events from climate change
that impact the Town of Los Gatos
are heavy rains/atmospheric rivers,
extreme weather (hot and cold),
high wind, and space weather. The
impacts from inclement weather are
described in the Flood,
Landslide/Mass movement and
drought hazard analysis sections.

Hardening infrastructure, Providing
advanced community notifications
and care and shelter for individuals
impacted these events are the
response and mitigation actions
described in the specific hazards.

Inclement
Weather.

Landslide
Town Manager,
Parks and Public
Works, Community
Development,
Police, County Fire
and MAC partners.

HMGP,
General Funds
Ongoing High
25 The Town of Los Gatos will partner
with its water provider to identify
water shortage impacts during
drought. Provide advanced
community notification for
conservation requirements set forth
by the Water provider. Provide
drought tolerant planting information
to residents at public education
events, on social media sites and
through the Community
Development Department.

Drought Community
Development, Parks
and Public Works,
Town Managers
Office, Operational
Area, Santa Clara
Valley Water
District, Businesses,
and residents.

General Fund Ongoing High

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 42
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority

26. Provide advanced warning
notifications to residents during
periods of heavy rain about
potential landslide movement prior
to large storms events through
social media, TV, Radio, Websites
and direct automated notification.

Work with internal and external
shelter providers to shelter
impacted residents. GIS properties
at risk through landslide maps with
property overlays. Target outreach
to those areas.

Landslide and
Mass
Movement.

Town Manager’s
Office, Parks and
Public Works,
Police, Operational
Area, residents,
geologist technical
expert, business
and GIS mapping
provider.

General Fund,
EMPG.

June 2024 Medium

27. AFN and socially vulnerable
persons impacted from inclement
weather are included in planning,
response, and recovery strategies
for the Town of Los Gatos through
its drat AFN EOP annex. The annex
will mirror the County’s DEM AFN
Annex to assure consistent
coordinated planning, response and
recovery to AFN and socially
vulnerable populations in a disaster.

Inclement
Weather
Town Manager’s
Office, Operational
Area, EOC Care
and Shelter staff,
HHS and ARC.

General Fund June 2024 High

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 43
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority

28. The Town’s Emergency Services
Coordinator will provide National
Weather Service alerts to the Town
Managers Office for high wind
events that surpass the Homeless
Motel Program High wind threshold
of sustained winds of 40 MPH.

Motels will be offered to registered
Town of Los Gatos homeless
individuals when the threshold is
forecast to be surpassed. The Town
will post notifications and work with
the local churches and homeless
service providers to notify homeless
individuals of high wind events. The
Town will reserve hotels for
homeless individuals.

High Wind
Event
Emergency
Services
Coordinator
Town general
fund
On-going High

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 44
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority

29. The Town’s Emergency Services
Coordinator will provide National
Weather Service alerts to the Town
Managers Office for high heat
events that surpass forecast
temperatures at or above 100
degrees Fahrenheit for at least two
days and overnight temperatures
that will not drop below 75 degrees
Fahrenheit. Motels will be offered to
registered Town of Los Gatos
homeless individuals when the high
heat threshold is forecast to be
surpassed. The Town will post
notifications and work with the local
churches and homeless service
providers to notify homeless
individuals of high wind events. The
Town will reserve hotels for
homeless individuals. The Town will
also open their library as a cooling
center for the general public.

High Heat
Event
Emergency
Services
Coordinator
General Fund On-going High

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 45
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority

30. Due to climate change and
increasingly larger storms, and
the need to protect the Access
and Functional Needs
Community, the Town will
complete a National Weather
Storm Ready program and
application. As a part of the
program, the Town will
establish a 24-hour warning
point and emergency
operations center; have more
than one way to receive severe
weather warnings and
forecasts to alert the public;
create a system that monitors
weather conditions locally;
promote the importance of
public readiness through
community seminars
Develop a formal hazardous
weather plan, which includes
training severe weather
spotters and holding
emergency exercises.

Evaluate and if merited, deploy
NOAA radios to Town
residents to strengthen
emergency notifications and
communications capabilities
Alert and
protect the
Access and
Functional
Needs
Community in
large winter
storm events.

Emergency
Services
Coordinator
General Fund
and Grants
January 2025 High

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 46
Action
Item
Number
Action Item Description Hazard(s)
Mitigated
Lead position,
office, department,
or division
responsible for
implementation
Potential
Funding
Sources
Expected
Timeline for
Completion
Priority

31. The Town is cognizant of
"Urban heat islands" that occur
when land cover is replaced
with dense concentrations of
pavement, buildings, and other
surfaces that absorb and retain
heat. The Town of Los Gatos
will include Urban heat islands
impacts planning within Town
limits.

High heat Community
Development
No Cost January 2025 Low

32. The Town has been impacted
by power outages from high
wind events in the past. There
are many trees in the Town of
Los Gatos. The Town will work
with utility partners, Parks and
Public Works, Police and Fire,
Contractors and the EOC to
coordinate down trees from
roadways so that utility
restoration can began in a
prioritized and expeditious
manner. The Town will notify
the community of road
closures through its PIO
function in the EOC with
current updates. The Town will
provide assistance to the AFN
Community per the draft AFN
EOP Annex under
development.

Power
Outages
Parks and Public
Works
General Fund
and FEMA cost
recovery
On-going
winter tree
removal
response.

AFN Annex
completion
date is June
2024
High
* Number given to action item in 2017 Santa Clara County Operational Area Hazard Mitigation Plan Note: references are included throughout to the CWPP – Community Wildfire Protection Plan – and GP-HAZ – General Plan Hazards & Safety Element

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 47 Page 259
ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 48
Figure 5: Town of Los Gatos Critical Facilities

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 49
Figure 6: Town of Los Gatos Critical Infrastructure

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 50
Figure 7: Town of Los Gatos Flood Hazard Area Map

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 51
Figure 8: Town of Los Gatos Landslide Susceptibility

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 52
Figure 9: Town of Los Gatos Liquefaction Susceptibility

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 53
Figure 10: Town of Los Gatos Fire Hazard Severity Zones and Historic Fires

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 54
Figure 11: Town of Los Gatos Wildfire Hazard Classification

ITEM NO. 10.

EXHIBIT A
Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Volume 2: Town of Los Gatos 55
Figure 12: Town of Los Gatos Wildfire Risk to Structures

ITEM NO. 10.

Reviewed by: Interim Town Manager, Parks and Public Works 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: 09/17/2024
ITEM NO: 11
DATE: September 12, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Consider Adoption of a Resolution of Necessity to Authorize Acquisition of Private Property Through Eminent Domain for the Shannon Road Capital Improvement Project (CIP No. 811-0008)
RECOMMENDATION:

Consider adoption of a Resolution of Necessity (Attachment 2) to authorize acquisition of private property through eminent domain for the Shannon Road Capital Improvement Project (CIP No. 811-0008).

EXECUTIVE SUMMARY:

This staff report is submitted for review by the Town Council of the Town of Los Gatos in connection with a hearing to consider adoption of a Resolution of Necessity (Attachment 2).

Under California law, the Town cannot acquire private property via eminent domain unless and/or until the Council has adopted a Resolution of Necessity by a four-fifths majority vote.

The statutory requirement that a public entity adopt a Resolution of Necessity before initiating a condemnation action is designed to ensure that public entities will verify and confirm the validity of their intended use of the power of eminent domain prior to the application of that power in any one particular instance.

Staff recommends that the Council adopt a Resolution of Necessity (Attachment 2) to authorize the acquisition by eminent domain of a fee interest in a portion of 14915 Shannon Road, Los Gatos, CA (APN 537-27-047) (the “Larger Parcel”) for the Shannon Road Capital Improvement Project (the “Project”). Specifically, an approximately 29,807 square foot portion of the Larger Parcel (the “Subject Property”) comprised of (a) an approximately 21,929 square foot strip of land within the existing Shannon Road right of way; and (b) an approximately 7,878 square foot strip of land along the Larger Parcel’s frontage on Shannon Road. The Subject Property is more

ITEM NO. 11.

PAGE 2 OF 8
SUBJECT: Consider Adoption of Resolution of Necessity to Authorize Acquisition of Private Property Through Eminent Domain for the Shannon Road Capital Improvement Project (CIP No. 811-0008)
DATE: September 12, 2024
particularly described and depicted in the attachments to the Resolution of Necessity. As described in more detail below, the Project is necessary to repair the roadbed, increase Shannon Road’s pavement width, install guardrails, and install retaining walls on the north side of Shannon Road.

The hearing on the Resolution of Necessity affords the property owner the opportunity to address the Town Council on the necessity of acquiring the Property for the Project. However, the amount of compensation the property owner is entitled to receive should not be discussed at the hearing. That does not mean that negotiations for the acquisition of the Subject Property are at an end. If the Town adopts the Resolution of Necessity, after the hearing, negotiations for the acquisition of the Subject Property may continue.

BACKGROUND:

The Larger Parcel and the Subject Property
The Larger Parcel is comprised of approximately 27.09 acres that is improved with a singlefamily home, barn, and outbuildings. The Larger Parcel is mostly raw, vacant land on the north side of Shannon Road. The buildings are along the Larger Parcel’s frontage on Shannon Road and will not be impacted by the proposed acquisition. The first approximately 150 feet of the Larger Parcel immediately north of Shannon Road is relatively level to moderately sloping. The rest of the Larger Parcel is relatively steeply sloped (30-50%) as the Larger Parcel extends north up a hillside. Shannon Road runs along the Larger Parcel’s southern property line. The Shannon Road right of way is 40-feet-wide, 20 feet of which are on the Larger Parcel in a road easement. Figure 1 depicts the Larger Parcel.

ITEM NO. 11.

PAGE 3 OF 8
SUBJECT: Consider Adoption of Resolution of Necessity to Authorize Acquisition of Private Property Through Eminent Domain for the Shannon Road Capital Improvement Project (CIP No. 811-0008)
DATE: September 12, 2024
Figure 1. 14915 Shannon Road Property Boundary
As mentioned above, the Subject Property is comprised of (a) an approximately 21,929 square foot strip of land within the existing Shannon Road right of way (i.e., within the Town’s existing roadway easement); and (b) an approximately 7,878 square foot strip of land along the Larger Parcel’s frontage on Shannon Road. Figure 2 depicts the approximately 21,929 square foot portion of the Subject Property that is within the Town’s existing right of way (green) and the approximately 7,878 square foot portion of the Subject Property that is along the Larger Parcel’s Shannon Road frontage. The properties depicted on Figure 2 are those that are required for implementation of the Shannon Road Repair project and the subject of this hearing.

ITEM NO. 11.

PAGE 4 OF 8
SUBJECT: Consider Adoption of Resolution of Necessity to Authorize Acquisition of Private Property Through Eminent Domain for the Shannon Road Capital Improvement Project (CIP No. 811-0008)
DATE: September 12, 2024
Figure 2. Property of 14915 Shannon Road Required for Shannon Road Repair The location of the proposed acquisition in relation to the Larger Parcel is depicted in Figure 3.

Figure 3. Location of Proposed Acquisition
A. The Project
The Town annexed the relevant portion of Shannon Road from the County of Santa Clara in 2018. This section of Shannon Road has failed repeatedly in the past. Before Shannon Road was annexed, the County repaired the relevant section Shannon Road by injecting epoxy foam

ITEM NO. 11.

PAGE 5 OF 8
SUBJECT: Consider Adoption of Resolution of Necessity to Authorize Acquisition of Private Property Through Eminent Domain for the Shannon Road Capital Improvement Project (CIP No. 811-0008)
DATE: September 12, 2024
into the roadbed. However, that repair has since failed, and the roadbed has continued to deteriorate.

The Project will implement a permanent repair to Shannon Road. The Project will install retaining walls, increase the pavement width from 22 to 23 feet, and install guardrails and provide area for a shoulder on the south side of Shannon Road.

B. Negotiations to Date
The Town obtained an appraisal of the Subject Property from appraiser Terry Larson, MAI. On June 4, 2024, the Town sent the property owner a Government Code offer letter (Attachment 1) offering the full amount of that appraisal as just compensation for the proposed acquisition.

Mr. Elam indicated that he would obtain his own appraisal. However, to date, the Town has not received a counter offer from Mr. Elam. Therefore, staff recommends that the Town Council adopt a resolution of necessity to initiate eminent domain proceedings.

DISCUSSION:

As described above, to adopt a resolution of necessity, the Council must make the following findings1:

1. The public interest and necessity require the proposed project;

2. The property described in the resolution is necessary for the proposed project;

3. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and

4. That either the offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record or the offer has not been made because the owner cannot be located with reasonable diligence.

This staff report provides data and information addressing each of these issues.

A. The Public Interest and Necessity Require the Project First, the Town Council must find that the public interest and necessity require the Project. The Town acquired the relevant section of Shannon Road from the County of Santa Clara in 2018 and immediately identified areas of pavement failure. Various engineering studies and analysis revealed that the subbase below the northern travel lane (westbound travel) has numerous voids and is unstable.

1 Code Civ. Proc. § 1245.230.

ITEM NO. 11.

PAGE 6 OF 8
SUBJECT: Consider Adoption of Resolution of Necessity to Authorize Acquisition of Private Property Through Eminent Domain for the Shannon Road Capital Improvement Project (CIP No. 811-0008)
DATE: September 12, 2024
As a Hillside Collector Street (See General Plan Page 5-16), Shannon Road is a critical transportation route between San José and Los Gatos. It is a primary emergency evacuation route for areas of east Los Gatos. If repairs are not made, the westbound travel lane may need to be closed for safety reasons. The Project, which will repair the roadway and upgrade it to meet current roadway design safety standards, is in the public interest.

B. The Interests Sought to be Acquired are Necessary for the Project Second, the Town Council must find that the interests sought to be acquired are necessary for the Project. As previously described, the Subject Property is necessary for the Project. The Project could not be constructed as designed without the acquisition of the Subject Property.

C. The Project is Located in such a Manner as to Offer the Greatest Public Benefit with the Least Private Detriment
Third, the Town Council must find that the Project is located in such a manner as to offer the greatest public benefit with the least private detriment. In connection with the Project’s design, staff and the Town’s consultants evaluated a variety of options. For example, the Town considered shifting the roadway south to reduce or eliminate the need to acquire private property on the north side of Shannon Road. However, that alternative would have required the Town to “cut” into the hillside on the south side of the existing roadway. That design would have required two retaining walls – one on the south side of Shannon Road to support the cut, and second on the north side. That design would have significantly increased project costs and environmental impact.

The Project, as currently proposed, offers the greatest public benefit with the least private detriment because: (a) it requires the acquisition of the least possible amount of private property required to permanently repair the impacted section of Shannon Road and upgrade it to meet current roadway design safety standards; (b) the majority of the Subject Property is already within a Town-owned road easement; and (c) it avoids a substantial excavation and installation of a retaining wall on the south side of Shannon Road.

D. A Government Code Offer Has Been Delivered To the Property Owner Fourth, the Council must find that the Town has extended an offer for the Subject Property pursuant to Government Code section 7267.2 to the property owner. On June 4, 2024, the Town sent an offer in conformance with Government Code section 7267.2(a) to the property

ITEM NO. 11.

PAGE 7 OF 8
SUBJECT: Consider Adoption of Resolution of Necessity to Authorize Acquisition of Private Property Through Eminent Domain for the Shannon Road Capital Improvement Project (CIP No. 811-0008)
DATE: September 12, 2024
owner (Attachment 1).
2 Since sending the offer, the Town has reached out to the property owner to ascertain whether a negotiated purchase is possible. To date, these efforts have been unsuccessful.

On August 29, 2024, the Town mailed the property owner a Notice of Intent to consider adoption of a Resolution of Necessity to acquire the Property by eminent domain at its regular meeting of September 17, 2024. A copy of the notice provided to the property owner is in Attachment 3.

E. Statutory Authority for Acquiring the Subject Property through Eminent Domain
The Town is authorized to acquire the Subject Property for the Project pursuant to statutes including, but not limited to, California Constitution, Article 1, Section 19; the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq., including, but not limited to, sections 1240.010 through 1240.050 inclusive, and sections 1240.110, 1240.120, 1240.150, 1240.220, 1240.320, 1240.330, 1240.350, 1240.410, 1240.510, 1240.610, 1240.650, and 1240.660; Government Code section 37350.5; Streets & Highway Code section 10102; and other provisions of law.

F. Environmental Assessment
The Town fully complied with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., for acquiring the Subject Property when on September 4, 2024, the Town determined that the Project is categorically exempt from CEQA pursuant to 14 California Code of Regulation, sections 15301 (Existing Facilities Exemption) and 15061(b)(3) (Common Sense Exemption). The County filed the Notice of Exemption in accordance with Public Resources Code section 21152 on September 10, 2024. No further environmental review is required.

COORDINATION:

This report was coordinated with the Town Attorney’s Office and Department of Public Works.

2 The Town’s offer included an informational pamphlet describing the eminent domain process and the property owner’s rights under the Eminent Domain Law. The Town’s offer also (1) contained a written statement of, and summary of the basis for, the amount it established as just compensation; and (2) offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000, for an independent appraisal of the Property. (Gov. Code § 7267.2.)

ITEM NO. 11.

PAGE 8 OF 8
SUBJECT: Consider Adoption of Resolution of Necessity to Authorize Acquisition of Private Property Through Eminent Domain for the Shannon Road Capital Improvement Project (CIP No. 811-0008)
DATE: September 12, 2024
FISCAL IMPACT:

If this property acquisition proceeds to trial as an eminent domain action, the fiscal impact to the Town will be the property acquisition cost plus attorney fees and costs, which could be up to $200,000. There is sufficient funding in the project budget to pay for the property acquisition.

Attachments:

1. Government Code Offer Letter

2. Resolution of Necessity

3. Notice of Hearing on Resolution of Necessity

ITEM NO. 11.

TOWN OF Los GATOS

PARKS & PUBLIC WORKS DEPARTMENT
PHONE ( 408) 399-5770

VIA EMAIL AND CERTIFIED MAIL
June 4, 2024
Ray M. Elam, III
Trustee, Elam Family Trust
1432 Sea Ridge Drive
Newport Beach, CA 92660
E-mail: [email protected]

SERVICE CENTER
41 MILES A VENUE
Los GATOS, CA 95030
Re: Offer Pursuant to Government Code Section 7267 .2 to Acquire a Portion of 14915 Shannon Road, Los Gatos, CA (APN 537-27-047)
Dear Mr. Elam:

The Town of Los Gatos ("Town") is offering to purchase a portion of your property located at 14915 Shannon Road, Los Gatos, CA (APN 537-27-047) ("Larger Parcel"). The purpose of this letter is to transmit a formal offer to acquire a portion of the Larger Parcel from you pursuant to Government Code section 7267 .2.

The Town proposes to acquire an approximately 29,807 square foot portion of the Larger Parcel comprised of:
(a) an approximately 21,929 square foot strip ofland within the existing Shannon Road right of way; and
(b) an approximately 7,878 square foot strip ofland along the Larger Parcel's frontage on Shannon Road (the "Subject Property").

A detailed legal description of the Subject Property is attached hereto as Exhibit 1. The Town needs to acquire the Subject Property for the Shannon Road Capital Improvement Project (CIP No. 811- 0008) (the "Project"). The Project will repair the roadbed, increase Shannon Road's pavement width, install guardrails, arid install retaining walls on the north side of the road. The Subject Property is within the area of the Project, and acquisition of the Subject Property is necessary for the Project.

The Town would prefer to resolve this matter by negotiated purchase. Section 7267.2 of the Government Code requires the Town to make you an offer which represents the appraised fair market value of the property necessary for the Project. The Town offers the sum of Thirty-Nine INCORPORATED AUGUST 10, 1887
ATTACHMENT 1

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1 RESOLUTION NO. ___________________

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

TO DETERMINE THE NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN FOR THE SHANNON ROAD CAPITAL IMPROVEMENT PROJECT; TO

AUTHORIZE COMMENCEMENT OF LITIGATION TO ACQUIRE PROPERTY BY EMINENT DOMAIN; AND TO SEEK AN ORDER OF PREJUDGMENT POSSESSION (CODE OF CIVIL PROCEDURE SECTION 1245.220)
Property Owner: Ray M. Elam, III, Trustee, Elam Family Trust Property Address: 14915 Shannon Road, Los Gatos, CA (portion) APN: 537-27-047
WHEREAS, the Town of Los Gatos proposes to acquire a portion of that certain real property located in the Town of Los Gatos, County of Santa Clara, State of California that is designated Assessors Parcel No. 537-27-047 (“Larger Parcel”). Specifically, an approximately 29,807 square foot portion of the Larger Parcel comprised of (a) an approximately 21,929 square foot strip of land within the Town’s existing Shannon Road right of way; and (b) an approximately 7,878 square foot strip of land along the Larger Parcel’s frontage on Shannon Road, as more particularly described and depicted in Exhibit A incorporated herein by reference (the “Subject Property”) for the Shannon Road Capital Improvement Project (“Project”); WHEREAS, the Project will repair the roadbed and bring the road into compliance with existing Town standards, including by increasing the width of the paved road surface, installing guardrails, and installing retaining walls on the north side of Shannon Road; WHEREAS, the Town is vested with the power of eminent domain to acquire real property interests by eminent domain for the public use set forth herein in accordance with the California Constitution, Article 1, Section 19; the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq., including, but not limited to, sections 1240.010 through 1240.050 inclusive, and sections 1240.110, 1240.120, 1240.150, 1240.220, 1240.320, 1240.330, 1240.350, 1240.410, 1240.510, 1240.610, 1240.650, and 1240.660; Government Code section 37350.5; Streets & Highway Code section 10102; and other provisions of law; WHEREAS, the Town fully complied with the requirements of the California Environmental Quality Act (Public Resources Code sections 21000 et seq.) for acquiring the Subject Property when on September 4, 2024, the Town determined that the Project is categorically exempt from CEQA pursuant to 14 California Code of Regulation, sections 15301 (Existing Facilities Exemption) and 15061(b)(3) (Common Sense Exemption). The Town filed the Notice of Exemption in accordance with Public Resources Code section 21152 on September 10, 2024. No further environmental review is required;
WHEREAS, the Subject Property was appraised by an independent real estate appraiser and an amount believed to be probable just compensation for the Subject Property was established by the Town;
ATTACHMENT 2

ITEM NO. 11.
2 WHEREAS, a written offer for the full appraised value was mailed to the owner or owners of record for the Subject Property, pursuant to Government Code section 7267.2; WHEREAS, on August 29, 2024, the Town mailed a Notice of Intention to Consider Adoption of a Resolution of Necessity (“Notice”) for acquisition by eminent domain of the Subject Property. As required by Code of Civil Procedure section 1245.235, the Notice was mailed to all persons whose name(s) appear on the last County of Santa Clara Equalized County Assessment Roll as having an interest in the Subject Property, and to the addresses appearing on the Roll. The Notice advised the persons of their right to be heard on the matters referred to in the Notice on the date and at the time and place stated; WHEREAS, the Notice informed the owner of its right to appear and to be heard by the Board of Supervisors on the following matters: (a) whether the public interest and necessity require the Project; (b) whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) whether the Subject Property sought to be acquired is necessary for the Project; and (d) whether the offer required by section 7267.2 of the Government Code has been made to the owner(s) of record; and WHEREAS, the hearing referenced in the Notice was held on September 17, 2024, at the time and place stated in said notice, and all interested parties were given an opportunity to be heard on the following matters:

A. Whether the public interest and necessity require the Project; B. Whether said Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. Whether the Subject Property is necessary for the Project; and D. Whether the offer required by Government Code section 7267.2 has been made to all owners of record.

NOW, THEREFORE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

DOES HEREBY FIND, RESOLVE, AND DETERMINE AS FOLLOWS BY A VOTE OF FOUR-FIFTHS OR MORE OF ITS MEMBERS:

1. The recitals contained herein are true and correct;

2. The Subject Property is situated in the Town;

3. The public interest and necessity require the Project;

4. The interests in the Subject Property described and depicted in Exhibit A sought to be acquired by eminent domain are necessary for the Project;

5. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;

ITEM NO. 11.
3 6. The Town has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Subject Property, as well as any other matter regarding the right to take said Subject Property by eminent domain, including but not limited to, making the offer required by Government Code section 7267.2;

7. Insofar as any portion of the Subject Property has heretofore been appropriated for public use, the proposed use set forth herein constitutes a compatible use under Code of Civil Procedure section 1240.510 or alternatively a more necessary public use to which the Subject Property is appropriated pursuant to Code of Civil Procedure sections 1250.410, 1240.610, and 1240.650. The Town is, thus, empowered to acquire the Subject Property for a compatible public use pursuant to Code of Civil Procedure section 1240.510 et seq., and a more necessary public use pursuant to Code of Civil Procedure section 1240.610 et seq.;

8. All environmental review required by law has been prepared and adopted; and

9. The Town Attorney is hereby authorized to acquire in the name of the Town the Subject Property described in this Resolution in accordance with the provisions of California Eminent Domain Law, to commence an action in eminent domain, to deposit the probable amount of just compensation with the State Condemnation Fund, to apply to the Superior Court for an order permitting the Town to take immediate possession and make immediate use of the Subject Property for the Project, to take all necessary steps to acquire the Subject Property under the law, and to take such actions as he or she may deem advisable or necessary in connection therewith.

PASSED AND ADOPTED, by the Town Council of the Town of Los Gatos, State of California on September 17, 2024, by the following vote:

COUNCIL MEMBERS
AYES:

NOES:

ABSTAIN:

ABSENT:

SIGNED:
___________________________________

MAYOR OF THE TOWN OF LOS GATOS,

CALIFORNIA
DATE: __________________

ITEM NO. 11.
4 ___________________________

TOWN CLERK
Exhibits:

A. Legal Description and Plat Map of the Subject Property ATTEST:

ITEM NO. 11.

EXHIBIT A

LEGAL DESCRIPTION
Shannon Road Grant of Right of Way
All that certain real property situate in the Town of Los Gatos, County of Santa Clara, State of California, being a portion of the lands granted to Diane Barnett and Ray M. Elam, Ill as CoTrustees of the Elam Family Trust A by deed filed for record May 29, 2015 as Document 22970019 in the office of the Santa Clara County Recorder, being more particularly described as follows:

Commencing at an iron pipe in monument box located at the northerly terminus of that certain course shown as “N 46° 11’ 21” W, 394.60” on the map entitled “Record of Survey of the Monument Line of Shannon Road...” filed for record July 13, 1978 in Book 422 of Maps at Pages 39-46 in said Recorder’s office; said course being depicted on sheet 4 of 8 therein, thence from said point of commencement North 07°12’24” West, 26.58 feet to the true Point of Beginning of this description; thence South 55°48’03” East, 31.91 feet; thence South 48*26'38” East, 45.97 feet; thence South 46*41'49” East, 107.02 feet; thence South 45*34'03” East, 124.07 feet to the beginning of a curve concave northeasterly having a radius of 500.00 feet; thence southeasterly along the arc of said curve 74.81 feet through a central angle of 08°34’21 to the beginning of a non-tangent curve concave northeasterly having a radius of 350.00 feet, from which point the radius bears North 34°44’06” East; thence southeasterly along the arc of said curve 99.18 feet through a central angle of 16°14’09”; thence South 71*30'03” East, 57.32 feet to the beginning of a curve concave southerly having a radius of 375.00 feet; thence easterly along the arc of said curve 38.43 feet through a central angle of 5°52’20”; thence South 65°37'44” East, 153.47 feet; thence North 24*22'16” East, 5.00 feet; thence South 65*37'44” East, 9.00 feet; thence South 24*22'16” West, 5.00 feet; thence South 65°37'44” East, 33.94 feet; thence North 24*22'16” East, 33.00 feet; thence South 65*37'44” East, 20.00 feet; thence South 24°22’16” West, 33.00 feet; thence South 65°37’44” East, 68.97 feet to the beginning of a curve concave southerly having a radius of 325.00 feet; thence southeasterly 44.19 feet through a central angle of 07*47'28”; thence South 57°50’ 15’ East, 25.21 feet; thence North 32°09’45” East, 5.00 feet; thence South 57*50'15” East, 10.00 feet; thence South 32°09’45” West, 5.00 feet; thence South 57*50'15” East, 33.40 feet to the beginning of a non-tangent curve concave southwesterly having a radius of 335.00 feet, from which point the radius bears South 43°55’48” West; thence southerly along the arc of said curve 54.96 feet through a central angle of 09°24’00”; thence South 25°59’14” East, 57.73 feet to a point in the westerly line of that certain 72.14 acre tract granted to Manuel F. Escover by deed dated November 27, 1922, filed for record in Book 566 of Deeds at Page 403 in said Recorder's office, from which point an iron pipe in monument box located at the southerly terminus of that certain course shown as “N 30°09’05” W, 240.63”” on sheet 4 of said Record of Survey bears South 16°54’19” East, 167.68 feet; thence along said westerly line South 23°40’51” West, 38.50 feet to an iron pipe set at the southwesterly corner of said 72.14 acre tract; said corner being further described as

ITEM NO. 11.

LEGAL DESCRIPTION (cont.)
Shannon Road Grant of Right of Way
lying in the center of Shannon Road; thence along the southwest line of said lands of Elam et. al., said southwest line also being the centerline of Shannon Road, the following courses and distances, each as shown on that certain map entitled “Record of Survey of a portion of Shannon Road” filed for record May, 28, 2024 in Book 962 of Maps at Page 10 in said Recorder's office, North 24°21'16” West, 20.92 feet to the beginning of a curve concave southwesterly having a radius of 285.00 feet; thence northwesterly along the arc of said curve 214.93 feet through a central angle of 43°12’32”; thence North 67°33’47” West, 69.26 feet to the beginning of a curve concave northerly having a radius of 500.00 feet; thence northwesterly along the arc of said curve 25.95 feet through a central angle of 02°58’26”; thence North 64°35’21” West, 150.28 feet to the beginning of a curve concave southerly having a radius of 750.00 feet; thence westerly along the arc of said curve 90.05 feet through a central angle of 06°52’46”; thence North 71°28’07” West, 42.02 feet to the beginning of a curve concave northerly having a radius of 360.00 feet; thence northwesterly along the arc of said curve 161.26 feet through a central angle of 25°39’54”; thence North 45°48’13” West, 199.08 feet to the beginning of a curve concave southwesterly having a radius of 2,500.00 feet; thence northwesterly along the arc of said curve 127.44 feet through a central angle of 02°55’14”; thence leaving said centerline of Shannon Road North 41*16'33” East, 20.00 feet to the point of beginning.

Containing 29,807 square feet, more or less.

Bearings used in this description are based upon the California Coordinate System of 1983 (CCS83), Zone 3.

Prepared under the direction of:

Charles M. Weakley, L.S. 6421

ITEM NO. 11.

Point of Beginning
DATUM NOTE:

Bearings shown are based upon the
California Coordinate System of 1983
(CCS1983), Zone 3, epoch 2021.3.

Point of JS Commencement, "Sao, € Qs e Fnd. monument > “OX SO per R-1
N: 1,907,166.93
E: 6,145,747.40 a
New R/W Line
LEGEND Cl or L1
Rad R-1
See curve or line data table Occupational € Radial Bearing per 2023 Survey

Bk. 422 Maps, Pg. 39-46 Deed Reference) xs
EXHIBIT B: ~

Plat to Accompany Legal Description GRAPHIC SCALE ~ 60 0 ee 玫 aa 1inch = 60 ft. ON MOUNTAIN PACIFIC COS SURVEYS 1735 Enterprise Dr, Suite 109 PH (707) 425-6234

CURVE DATA TABLE

NO. DELTA LENGTH RADIUS

Ci 08° 34' 21" 74.81' 500.00"

C2 16° 14' 09" 99.18' 350.00' C3 05°

52 20" 38.43' 375.00'

LINE DATA TABLE

NO. BEARING DISTANCE

L1 NO7” 12 24"W 26.58'

L2 S55° 48' 03"E 31.91'

L3 $48” 26' 38"E 45.97'

L4 $71° 30' 03"E 57.32'

LS S65” 37' 44"E 153.47'

123 N71° 28 07"W 42.02' 124 N41° 16' 33"E 20.00'

Right of Way
SO
(Property Line per 、 4760 OR
29,807: sq. ft.

Fairfield, CA 94533 FAX (707) 425-1969 Scale: 1"=60' | Date: April 19, 2024 | Proj. No. 521058 | Sheet No.: 1 of 2 | ITEM NO. 11.

BEARING DISTANCE

5.00'

9.00'

5.00'

33.94'

33.00'

20.00'

33.00'

68.97' 25.21'

5.00'

10.00'

5.00'

33.40'

57.73 167.68'

38.50'

20.92'

42.02'

N24° 22 16"E
S65” 37' 44"E
$24” 22 16"W
$65° 37' 44"E
N24° 22 16"E
S65” 37' 44"E
$24” 22 16"W
S65” 37' 44"E
557” 50' 15"E
N32° 09' 45"E
557” 50' 15"E
$32” 09' 45"W
557” 50' 15"E
$25° 59' 14"E
$16° 54' 19"E
$23° 40 51"W
N24° 21' 16"W
N71° 28' 07"W
Occupational q
per 2023 Survey
(Property Line per
Deed Reference)
L9
L10
L11 L12 L13
L14
L15
L16 L17 L18 L19 L20 L21 L22
L23
LEGEND
ClorLi
Rad
R-1

See curve or line data table Radial Bearing

Bk. 422 Maps, Pg. 39-46
NO.

C3
C4
C5
C6
DELTA
05° 52' 20"
07° 47' 28"
09° 24' 00"
02° 58' 26"
LENGTH

38.43'

44.19'

54.96' 25.95'
RADIUS
375.00'
325.00'
335.00' 500.00'

EXHIBIT B

Plat to Accompany Legal Description GRAPHIC SCALE PN 0 MOUNTAIN PACIFIC CO" SURVEYS 1735 Enterprise Dr, Suite 109 PH (707) 425-6234 60 60 1 inch = 60 ft.

Right of Way NJ
29,807: sq. ft.

New R/W Line
Fnd. monument
per R-1
N: 1,906,431.20

E: 6,146,674.22

ITEM NO. 11.

TOWN OF LOS GATOS
OFFICE OF THE TOWN ATTOR:\EY
(408) 354-6880
[email protected]_ov

CERTIFIED MAIL RETURN RECEIPT REQUESTED AND EMAIL
August 29, 2024
Ray M. Elam, III
Trustee, Elam Family Trust
1432 Sea Ridge Drive
Newport Beach, CA 92660
E-mail: ht1�!c:J,1n1 1i1.grn;1il .C()J_r1
Ray M. Elam, III
Trustee, Elam Family Trust
2549 EastbluffDrive, Unit 361
Newport Beach CA 92660

NOTICE OF INTENTION TO CONSIDER ADOPTION OF A

RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT
DOMAIN; AUTHORIZING COMMENCEMENT OF LITIGATION TO

ACQUIRE PROPERTY AND FOR ORDER OF POSSESSION
Town of Los Gatos
Shannon Road Capital Improvement Project
14915 Shannon Road, Los Gatos, CA (Portion)
APN: 537-27-047
Re: Notice of Hearing to Consider Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain. (Code Civ. Proc. § 1245.235.)

1. Notice of Hearing where the Town Council of the Town of Los Gatos will Consider Adopting a Resolution of Necessity. The Town Council of the Town of Los Gatos ("Council") intends to hold a hearing to consider whether a Resolution of Necessity should be adopted that, if adopted, will authorize the Town of Los Gatos ("Town") to acquire a portion of your property located at 14915 Shannon Road, Los Gatos, CA (APN 537-27-047) ("Larger Parcel'') by eminent domain for the Shannon Road Capital Improvement Project ('"Project").

Specifically, an approximately 29,807 square foot portion of the Larger Parcel comprised of (a) an approximately 21,929 square foot strip ofland within the existing Shannon Road right of way; and (b) an approximately 7,878 square foot strip ofland along the Larger Parcel's frontage on Shannon Road (collectively, the "Subject Property''). Attached hereto as Exhibit A is a legal description and map of the Subject Property.

ATTACHMENT 3

ITEM NO. 11.

ITEM NO. 11.

If you elect not to appear and be heard at the hearing on the proposed Resolution of Necessity, your decision not to appear and be heard will constitute a waiver of your right to challenge the Town's right to acquire the Subject Property by eminent domain. (Code Civ.

Proc.§ 1245.235(b)(3).) Thus, the matters described in the Resolution of Necessity will be deemed to be established.

4. You Will Not Waive the Right to Claim Greater Compensation if You Do Not Appear at the Hearing. The amount of compensation to be paid for the Subject Property will not be decided or heard at this hearing. Your nonappearance at this noticed hearing will not prevent you from claiming compensation in an amount to be determined by a court of law under the laws of the State of California. This notice is not intended to foreclose further ongoing negotiations between you and Town representatives on the amount of compensation to be paid to you for the Subject Property. At this hearing, the Council will not make any determination about the amount of money to be paid or to be offered to you for the Subject Property.

However, if you elect not to appear and be heard, you will be foreclosed from raising in a court of law the issues which are the subject of this noticed hearing and which are concerned with the right to take the Subject Property by eminent domain.

If the Council elects to adopt the proposed Resolution of Necessity, then within six months of the adoption of the Resolution, the Town will commence eminent domain proceedings in Superior Court to acquire the Subject Property. The amount of compensation to which you are entitled for the Subject Property will be detennined in that court proceeding.

Town of Los Gatos
i / uJ) ,< JJJ ,' By:\ vVVV
Laurel Prevetti,
Dated, mailed, and emailed on: August 29, 2024
Enclosure: Exhibit A - Legal Description and Plat Map of the Subject Property

ITEM NO. 11.

EXHIBIT A

LEGAL DESCRIPTION
Shannon Road Grant of Right of Way
All that certain real property situate in the Town of Los Gatos, County of Santa Clara, State of California, being a portion of the lands granted to Diane Barnett and Ray M. Elam, Ill as CoTrustees of the Elam Family Trust A by deed filed for record May 29, 2015 as Document 22970019 in the office of the Santa Clara County Recorder, being more particularly described as follows:

Commencing at an iron pipe in monument box located at the northerly terminus of that certain course shown as “N 46° 11’ 21” W, 394.60” on the map entitled “Record of Survey of the Monument Line of Shannon Road...” filed for record July 13, 1978 in Book 422 of Maps at Pages 39-46 in said Recorder’s office; said course being depicted on sheet 4 of 8 therein, thence from said point of commencement North 07°12’24” West, 26.58 feet to the true Point of Beginning of this description; thence South 55°48’03” East, 31.91 feet; thence South 48*26'38” East, 45.97 feet; thence South 46*41'49” East, 107.02 feet; thence South 45*34'03” East, 124.07 feet to the beginning of a curve concave northeasterly having a radius of 500.00 feet; thence southeasterly along the arc of said curve 74.81 feet through a central angle of 08°34’21 to the beginning of a non-tangent curve concave northeasterly having a radius of 350.00 feet, from which point the radius bears North 34°44’06” East; thence southeasterly along the arc of said curve 99.18 feet through a central angle of 16°14’09”; thence South 71*30'03” East, 57.32 feet to the beginning of a curve concave southerly having a radius of 375.00 feet; thence easterly along the arc of said curve 38.43 feet through a central angle of 5°52’20”; thence South 65°37'44” East, 153.47 feet; thence North 24*22'16” East, 5.00 feet; thence South 65*37'44” East, 9.00 feet; thence South 24*22'16” West, 5.00 feet; thence South 65°37'44” East, 33.94 feet; thence North 24*22'16” East, 33.00 feet; thence South 65*37'44” East, 20.00 feet; thence South 24°22’16” West, 33.00 feet; thence South 65°37’44” East, 68.97 feet to the beginning of a curve concave southerly having a radius of 325.00 feet; thence southeasterly 44.19 feet through a central angle of 07*47'28”; thence South 57°50’ 15’ East, 25.21 feet; thence North 32°09’45” East, 5.00 feet; thence South 57*50'15” East, 10.00 feet; thence South 32°09’45” West, 5.00 feet; thence South 57*50'15” East, 33.40 feet to the beginning of a non-tangent curve concave southwesterly having a radius of 335.00 feet, from which point the radius bears South 43°55’48” West; thence southerly along the arc of said curve 54.96 feet through a central angle of 09°24’00”; thence South 25°59’14” East, 57.73 feet to a point in the westerly line of that certain 72.14 acre tract granted to Manuel F. Escover by deed dated November 27, 1922, filed for record in Book 566 of Deeds at Page 403 in said Recorder's office, from which point an iron pipe in monument box located at the southerly terminus of that certain course shown as “N 30°09’05” W, 240.63”” on sheet 4 of said Record of Survey bears South 16°54’19” East, 167.68 feet; thence along said westerly line South 23°40’51” West, 38.50 feet to an iron pipe set at the southwesterly corner of said 72.14 acre tract; said corner being further described as

ITEM NO. 11.

LEGAL DESCRIPTION (cont.)
Shannon Road Grant of Right of Way
lying in the center of Shannon Road; thence along the southwest line of said lands of Elam et. al., said southwest line also being the centerline of Shannon Road, the following courses and distances, each as shown on that certain map entitled “Record of Survey of a portion of Shannon Road” filed for record May, 28, 2024 in Book 962 of Maps at Page 10 in said Recorder's office, North 24°21'16” West, 20.92 feet to the beginning of a curve concave southwesterly having a radius of 285.00 feet; thence northwesterly along the arc of said curve 214.93 feet through a central angle of 43°12’32”; thence North 67°33’47” West, 69.26 feet to the beginning of a curve concave northerly having a radius of 500.00 feet; thence northwesterly along the arc of said curve 25.95 feet through a central angle of 02°58’26”; thence North 64°35’21” West, 150.28 feet to the beginning of a curve concave southerly having a radius of 750.00 feet; thence westerly along the arc of said curve 90.05 feet through a central angle of 06°52’46”; thence North 71°28’07” West, 42.02 feet to the beginning of a curve concave northerly having a radius of 360.00 feet; thence northwesterly along the arc of said curve 161.26 feet through a central angle of 25°39’54”; thence North 45°48’13” West, 199.08 feet to the beginning of a curve concave southwesterly having a radius of 2,500.00 feet; thence northwesterly along the arc of said curve 127.44 feet through a central angle of 02°55’14”; thence leaving said centerline of Shannon Road North 41*16'33” East, 20.00 feet to the point of beginning.

Containing 29,807 square feet, more or less.

Bearings used in this description are based upon the California Coordinate System of 1983 (CCS83), Zone 3.

Prepared under the direction of:

Charles M. Weakley, L.S. 6421

ITEM NO. 11.

Point of Beginning
DATUM NOTE:

Bearings shown are based upon the
California Coordinate System of 1983
(CCS1983), Zone 3, epoch 2021.3.

Point of JS Commencement, "Sao, € Qs e Fnd. monument > “OX SO per R-1
N: 1,907,166.93
E: 6,145,747.40 a
New R/W Line
LEGEND Cl or L1
Rad R-1
See curve or line data table Occupational € Radial Bearing per 2023 Survey

Bk. 422 Maps, Pg. 39-46 Deed Reference) xs
EXHIBIT B: ~

Plat to Accompany Legal Description GRAPHIC SCALE ~ 60 0 ee 玫 aa 1inch = 60 ft. ON MOUNTAIN PACIFIC COS SURVEYS 1735 Enterprise Dr, Suite 109 PH (707) 425-6234

CURVE DATA TABLE

NO. DELTA LENGTH RADIUS

Ci 08° 34' 21" 74.81' 500.00"

C2 16° 14' 09" 99.18' 350.00' C3 05°

52 20" 38.43' 375.00'

LINE DATA TABLE

NO. BEARING DISTANCE

L1 NO7” 12 24"W 26.58'

L2 S55° 48' 03"E 31.91'

L3 $48” 26' 38"E 45.97'

L4 $71° 30' 03"E 57.32'

LS S65” 37' 44"E 153.47'

123 N71° 28 07"W 42.02' 124 N41° 16' 33"E 20.00'

Right of Way
SO
(Property Line per 、 4760 OR
29,807: sq. ft.

Fairfield, CA 94533 FAX (707) 425-1969 Scale: 1"=60' | Date: April 19, 2024 | Proj. No. 521058 | Sheet No.: 1 of 2 | ITEM NO. 11.

BEARING DISTANCE

5.00'

9.00'

5.00'

33.94'

33.00'

20.00'

33.00'

68.97' 25.21'

5.00'

10.00'

5.00'

33.40'

57.73 167.68'

38.50'

20.92'

42.02'

N24° 22 16"E
S65” 37' 44"E
$24” 22 16"W
$65° 37' 44"E
N24° 22 16"E
S65” 37' 44"E
$24” 22 16"W
S65” 37' 44"E
557” 50' 15"E
N32° 09' 45"E
557” 50' 15"E
$32” 09' 45"W
557” 50' 15"E
$25° 59' 14"E
$16° 54' 19"E
$23° 40 51"W
N24° 21' 16"W
N71° 28' 07"W
Occupational q
per 2023 Survey
(Property Line per
Deed Reference)
L9
L10
L11 L12 L13
L14
L15
L16 L17 L18 L19 L20 L21 L22
L23
LEGEND
ClorLi
Rad
R-1

See curve or line data table Radial Bearing

Bk. 422 Maps, Pg. 39-46
NO.

C3
C4
C5
C6
DELTA
05° 52' 20"
07° 47' 28"
09° 24' 00"
02° 58' 26"
LENGTH

38.43'

44.19'

54.96' 25.95'
RADIUS
375.00'
325.00'
335.00' 500.00'

EXHIBIT B

Plat to Accompany Legal Description GRAPHIC SCALE PN 0 MOUNTAIN PACIFIC CO" SURVEYS 1735 Enterprise Dr, Suite 109 PH (707) 425-6234 60 60 1 inch = 60 ft.

Right of Way NJ
29,807: sq. ft.

New R/W Line
Fnd. monument
per R-1
N: 1,906,431.20

E: 6,146,674.22

ITEM NO. 11.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 09/17/2024
ITEM NO: 12
DATE: September 12, 2024
TO: Mayor and Town Council
FROM: Katy Nomura, Interim Town Manager
SUBJECT: Receive an Update on the Downtown Restroom Feasibility Study (CIP No. 821-2011) and Provide Direction to Town Staff
RECOMMENDATION:

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

BACKGROUND:

Per the direction of Town Council, funding for the Downtown Restroom Feasibility Study (CIP No. 821-2011) was provided in the Fiscal Year (FY) 2023/2024 Capital Budget. The purpose of this project is to analyze locations for a public restroom facility in the Downtown.

On May 7, 2024, Town staff presented the Downtown Restroom Feasibility Study to Town Council1(Item 14). This study evaluated potential sites for consideration for a new downtown restroom facility. The primary factors for site selection included: proximity and value to the downtown area, financial efficiency, utility adjacency, accessibility, safety, and flexibility. From these criteria, the consultant assessed four potential sites (some with various options for placement) for consideration for the new restroom facility:
 Site 1: Northwest corner of Town Plaza Park
 Site 2: Southeast corner of Parking Lot #6 (West Main Street & Victory Lane)  Site 3: North edge of Parking Lot #5 (Elm Street)
 Site 4: South edge of Parking Lot #5 (West Main Street)

1 Restroom Report May 2024:
https://meetings.municode.com/adaHtmlDocument/index?cc=LOSGATOS&me=7f5087ff8d7a4bffa21c7f33e58fa2d e&ip=True

ITEM NO. 12.

PAGE 2 OF 4
SUBJECT: Receive an Update on the Downtown Restroom Feasibility Study (CIP No. 821- 2011) and Provide Direction to Town Staff
DATE: September 12, 2024
After consideration of the four sites, Town Council identified Site 1 (Options 1 and 2) and Site 4 (Option 1) as being the most optimal locations for a new downtown restroom facility. Site 1, Option 1 is in Plaza Park at the location of a raised planter bed along South Santa Cruz Avenue near Main Street. Site 1, Option 2 is in Plaza Park adjacent to the existing bus shelter. Site 4, Option 1 is at the south end of Parking Lot 5, across the street from Plaza Park. Town staff was directed to continue to review the options, review safety concerns with the Police Department and consider whether Site 4 is visible enough.

Figure 1. Site 1: Northwest corner of Plaza Park
Figure 2. Site 4: South edge of Parking Lot #5

ITEM NO. 12.

PAGE 3 OF 4
SUBJECT: Receive an Update on the Downtown Restroom Feasibility Study (CIP No. 821- 2011) and Provide Direction to Town Staff
DATE: September 12, 2024
DISCUSSION:

Town staff met with the Police Department in the field to evaluate both locations on June 10, 2024. After a thorough evaluation of both sites, the Police Department recommends a new restroom facility at Site 1 Option 1 or Option 2. Site 4 was not recommended for the following reasons:
 The addition of a new restroom facility will block a major thoroughfare through a highly trafficked area resulting in bottlenecking at the southside of Parking Lot #5.  There are concerns about crime being tucked away in a parking lot and not in the immediate line of site.
 Potential odors, vandalism, or nefarious behavior, should that occur, could negatively impact the surrounding businesses that would be within close proximity of the new restroom facility.

Site 1, Option 2 is the current location for the temporary downtown restroom facility. The single-occupancy porta potty was installed on August 31, 2023. Due to heavy usage, servicing of this facility was increased from two times per week to three times per week in February 2024.

Additional temporary facilities or servicing are required to accommodate events at Plaza Park.

Aside from special events, the temporary facility continues to require monitoring and follow-up to ensure proper servicing. Town staff recommends a two single-occupant restroom facility that is serviced daily on the same schedule as other Town restroom facilities to ensure it is providing the most civic value to the community.

CONCLUSION:

After evaluation with the Police Department of the locations identified by Town Council, and feedback from staff regarding current usage and maintenance of the temporary restroom facility, staff recommends a two single-occupant restroom facility at Plaza Park at the location of the existing porta potty (Site 1, Option 2) . This would provide the most civic value to the community with consideration to space and size limitations as well as usage and maintenance needs.

If the Town Council wishes to move forward, it should direct staff to include the project for consideration in the upcoming Capital Improvement Program.

FISCAL IMPACT:

This feasibility study was allocated $25,000 (CIP No. 821-2011) and the funding has been expended. There is no current funding allocation for the design of a permanent restroom. Staff

ITEM NO. 12.

PAGE 4 OF 4
SUBJECT: Receive an Update on the Downtown Restroom Feasibility Study (CIP No. 821- 2011) and Provide Direction to Town Staff
DATE: September 12, 2024
expects design and permitting costs of approximately $100,000. Construction may range from $450,000 to $550,000.

Following construction of this new building, there will be an operating budget impact to Parks and Public Works to manage and maintain the structure. The Facilities Team would manage the building and day to day cleaning would require additional contract services for the janitorial vendor.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA.

ITEM NO. 12.

PREPARED BY: Katy Nomura
Assistant Town Manager
Reviewed by: 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: 09/17/2024
ITEM NO: 13
DATE: September 12, 2024
TO: Mayor and Town Council
FROM: Katy Nomura, Interim Town Manager
SUBJECT: Provide Direction on a Potential Senior Services Coordinator, Approve an Expenditure and Revenue Budget Adjustment in the Amount of $74,135 to Allocate Fiscal Year 2023/24 Carryforward Grant Funding, and Approve Any Other Necessary Expenditure Budget Adjustments
RECOMMENDATION:

Provide direction on a potential Senior Services Coordinator, approve an Expenditure and Revenue Budget Adjustment in the amount of $74,135 to allocate Fiscal Year 2023/24 Carryforward County Grant funding, and approve any necessary other expenditure budget adjustments.

BACKGROUND:

On May 21, 2024, the Town Council directed staff to look into the cost of either hiring or contracting for a 0.4 full time equivalent (FTE) for a Senior Services Coordinator.

On June 11, 2024, the Community Health and Senior Services Commission (CHSSC) discussed the 0.4 FTE Senior Services Coordinator position and made a motion to recommend to Town Council that the Town hire a full-time Senior Services Coordinator with duties as described in the Commission’s Annual Report (page 30) (Attachment 1).

On August 6, 2024, the Town Council considered options for the Senior Services Coordinator position that can be found as part of the agenda materials for Item 19.1 Town Council directed staff to return to CHSSC for a recommendation on the options provided, with the following

1 August 6, 2024 Town Council Agenda:
https://meetings.municode.com/adaHtmlDocument/index?cc=LOSGATOS&me=c13ef8d36bca4042a68150a109ee 5ee8&ip=True

ITEM NO. 13.

PAGE 2 OF 4
SUBJECT: Senior Services Coordinator
DATE: September 12, 2024
suggested working parameters: look at the elements of options one and two; work in collaboration with LGS Rec; and start the position as a contract service in the range of about $110,000 for around one full-time position.

On August 22, 2024, the CHSSC considered the options and felt the Analyst position was the most appropriate level. The CHSSC recommended that the Town Council, as a pilot program, hire a contracted 0.8 FTE Senior Services Coordinator with the job responsibilities found in the core ideas contained in the duties as described in the Commission’s Annual Report (page 30) (Attachment 1) and the supplemental duties found in Attachment 2. It was recommended that the contract should emphasize a collaborative and collegial relationship between the contractor and service providers to ensure an integrated senior services model.

DISCUSSION:

On August 6, 2024, the Council considered options for duties for a Senior Services Coordinator at the levels of an Administrative Assistant, Analyst, or Case Manager.

Analyst Duties
Given the direction from the Town Council and the recommendations from the CHSSC, staff recommends that the duties of the potential Senior Services Coordinator align with the Analyst level and include:
 Act as a Town liaison to senior services providers by serving as a key point of contact, communicating any feedback from users regarding their services, and sharing other information that might be useful to the providers.
 Coordinate among senior services providers and assess service gaps/unmet needs. o Note: The coordination could involve sharing what other providers are doing, suggesting synergies and opportunities to collaborate among different providers, and to have a general pulse on service provider activities and needs. This would not be the same as directing the providers as they are not under the purview of the Town.
 Collect information from and about senior service providers and share them with the senior community.
 Provide suggestions on potential changes in service delivery or ways the Town/providers could better support seniors.
o Note: Providers would not need to implement any suggestions as the Town does not have authority over them.
 Support implementation of the Senior Roadmap.
o This could include elements of encouraging volunteering as appropriate. o Note: The amount of support provided would be limited by the number of hours per week and bandwidth after completing other duties. It is also worth noting that not all of the Senior Roadmap actions are for the Town to implement;

ITEM NO. 13.

PAGE 3 OF 4
SUBJECT: Senior Services Coordinator
DATE: September 12, 2024
however, the Senior Services Coordinator could facilitate and monitor the implementation actions of other groups in some instances.

While these examples of duties do not incorporate every element of what was recommended, they attempt to capture the most appropriate duties with flexibility to expand or evolve.

Certain duties that were recommended may not be appropriate or feasible. For example, the 55+ HUB website is hosted and maintained by LGS Recreation and it would not be appropriate or necessary for another contractor to have access. In addition, while measuring service provider performance could be enlightening, the Town does not have authority over their performance and would be better served focusing on service gaps. It is also worth noting that while this position, if approved, would undoubtedly interact with the CHSSC in the course of business, the position would not report to the CHSSC and would conduct work as directed by the Town Manager or their designee.

If the position is contracted out, staff would conduct a Request for Proposals (RFP)/Request for Qualifications (RFQ) to determine actual costs. For reference, a 0.75 FTE benefited Analyst with the Town would cost an estimated $182,000. If the Town Council would like to proceed with a contracted position, it may be most appropriate to set a not-to-exceed dollar amount and staff would issue an RFP/RFQ with that information and direction, allowing respondents to determine how many hours that level of funding would support.

Administrative Assistant/Navigator Duties and Case Manager Duties In the context of potential Administrative Assistant and Case Manager duties, the Town Council previously discussed the $74,135 in one-time County grant funding that the Town has available for senior case management and/or senior services navigation support, which align with the duties explored at the Administrative Assistant level. Since the proposed duties at the Analyst level do not cover these functions, this funding would not be able to be used for the position.

Staff confirmed that senior services navigation support is already being provided by LGS Recreation as expressed in the information LGS Recreation provided regarding the Senior Services Coordinator options (Attachment 3). LGS Recreation indicated that if enhancements to their senior services navigation support are desired, such as an additional level of follow up, this could be implemented with additional funding. Regarding non-medical case management, LGS Recreation expressed interest (Attachment 4) in partnering with the Town to bring non-medical case management to the senior community. LGS Recreation committed to contributing $10,000 of the grant funding they received through Assemblymember Pellerin’s office for this fiscal year to support this effort should the Town wish to collaborate with them to provide senior case management. When combined with the Town’s grant funding, this results in approximately $84,135 to support senior case management. LGS Recreation is uniquely positioned to provide these services as they operate the Adult Recreation Center, the existing 55+ program, and have a willingness and interest in providing case management services to the community at the ARC.

ITEM NO. 13.

PAGE 4 OF 4
SUBJECT: Senior Services Coordinator
DATE: September 12, 2024
Unless directed otherwise, staff will proceed to enter into an agreement with LGS Recreation to provide non-medical senior case management for the Town for the remainder of the fiscal year.

CONCLUSION:

Staff looks forward to Town Council’s direction on this topic. If the Town Council wishes to proceed with a contracted Senior Services Coordinator with the proposed Analyst level duties, a motion to approve a budget adjustment in the desired not-to-exceed amount will be necessary.

FISCAL IMPACT:

On December 19, 2023, the Town Council directed staff to use the $125,000 grant from the County to fund one FTE for Adult Day Services and to contract for senior case management services with the rest of the funds. Of these funds, $74,135 remains available for senior case management services. To recognize these funds in the current fiscal year, revenue and expenditure budget adjustments in the amount of $74,135 are required. These grant funds are sufficient to contract for case management services, and when combined with LGS Recreation’s proposed contribution of $10,000, would result in $84,135 available for senior case management services.

If the Town Council wishes to add a contracted Senior Services Coordinator, a budget adjustment in the desired amount will be needed and would come from the available Capital/Special Projects Reserve.

Since the County grant funding cannot be used for this position, the funds would come from the Town’s General Fund. If the position is contracted, the use of funds could be for one year to limit the fiscal impact and allow the Town Council to evaluate whether or not to continue funding such a position at the same level. In previous Town Council discussions on this topic, questions were raised in terms of how to fund this position. If Town Council desired, staff could return with options for offsetting budget cuts for Town Council’s consideration.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. CHSSC’s Recommendation for Senior Services Coordinator Duties

2. CHSSC’s Supplemental Duties of Senior Services Coordinator

3. LGS Recreation Senior Service Coordination Information

4. LGS Recreation Case Manager Interest

ITEM NO. 13.
30 CHSSC Recommends: Appointment of an Age Friendly/Senior Services Coordinator Vibrant communities provide opportunities for older members to become volunteers and/or to find needed assistance from volunteers. Promoting and supporting volunteerism allows the community to marshal the expertise of older adults and to increase engagement of older adults for the benefit of the entire community.

Our Committee found that many older adults want to volunteer, and many others need volunteers for help.

With volunteer time in California currently estimated at approximately $30hr by the Independent Sector organization, the many 1000’s of hours available locally represents an important resource for the Town to take advantage of as much as possible.

An Age-Friendly Coordinator could address many of these goals:
•Integrate the delivery of services to older adults
•Assist with implementing the Senior Services Committee’s Road Map •Report and make recommendations to the Town Council about his/her observations concerning the delivery of services and how best to streamline the services provided by service providers •Act as the point of contact for the Commissions, Service Provider organizations, Los Gatos Foundation For Older Adults To Thrive, and regional nonprofits providing services for Los Gatos older adults •Be the point of contact for the key provider of recreational services to older adults (currently LGS Recreation) •Receive information from the three CHSSC activities coordinators involving Communication & Engagement, Roadmap Tracking, and Annual Assessments
•Serve as the point of contact for questions about volunteer opportunities as Roadmap projects advance in support of this goal
•Facilitate review and presentation to Town Council of the Annual Assessment of Senior Services provided by the CHSSC for receipt by the Town Council
•Provide information and support for the Town Council review of the Roadmap progress and governance on a semiannual basis
As the Roadmap successes accrue in future years and senior services delivery advances, there may be considerable leverage gained by increasing the fractional 0.5 FTE allocation to the Town’s Age-Friendly Coordinator. This graded approach could facilitate the transition of Los Gatos senior services governance from a fragmented model to an integrated partnership model.

Next steps:

1. An Age-Friendly Coordinator is hired

2. Funding: Town of Los Gatos, Los Gatos Thrives Foundation, Grants,

3. Purposed: Ensure the Coordinator is briefed on the senior services landscape. This position would provide an important step to realizing the Roadmap vision of a coordinated partnership for senior services between the Town, Town commissions and boards, the Los Gatos Foundation For Older Adult to Thrive, community service providers, and other nonprofits and regional providers.

ATTACHMENT 1

ITEM NO. 13.

ATTACHMENT 2
I. DUTIES OF COORDINATOR:

Senior Services Landscape Assessment: The Senior Coordinator shall conduct a comprehensive assessment of the senior services landscape in Los Gatos, including:
 Identifying existing service providers and their offerings  Assessing service gaps and unmet needs
 Understanding the demographic characteristics of the senior population HUB Access: The Senior Coordinator shall have full access to the HUB for all purposes related to senior services coordination.

Metric Development and Monitoring: The Senior Coordinator shall establish and monitor key performance indicators (KPIs) to measure the effectiveness of senior services, including:
 Service utilization rates
 Participant satisfaction
 Cost-effectiveness
 Accessibility
 Collaboration among providers
Service Integration and Streamlining: The Senior Coordinator shall conduct analysis to identify overlaps in service delivery, integrate services where appropriate, and make recommendations to streamline the services provided by service providers.

Community Engagement: The Senior Coordinator shall:
 Attend and participate in meetings of the Community Health and Senior Services Commission (CHSSC)
 Report to the CHSSC on the progress of senior services initiatives  Assist with the implementation of the Senior Services Road Map  Serve as the point of contact for the provider of recreational services to older adults
 Receive information from the CHSSC on its activities
 Be the point of contact for questions about volunteer activities  Facilitate the review and presentation of the annual assessment of senior services to the Town Council

ITEM NO. 13.

From: Emily Sprugasci
To: Katy Nomura
Subject: Senior Service Coordination
Date: Friday, August 16, 2024 2:32:25 PM
Attachments: image001.png
image002.png
image003.png
image004.png
[EXTERNAL SENDER]
Hi Katy,
On August 6, 2024, a series of scenarios were presented to Council regarding Senior Service Coordination. It was Council’s direction that the CHSSC connect with LGS Recreation to understand our current and potential role in these efforts. Three options were presented initially, and additional discussion highlighted what may be considered a “Navigator” position and a “Case Manager” position. We courteously provide clarification and suggestions toward an even richer collaboration, submitted as a longstanding prominent and favorable community partner to the Town of Los Gatos.

Option 1: Administrative Assistant
Examples of potential Senior Services Coordinator duties:

Answer phone calls regarding senior services
Respond to requests for information regarding senior services.

Serve as a navigator to help seniors access the appropriate senior services from outside agencies and non-profits, providing some follow up if needed.

Compile information from senior services providers that is publicly available or provided directly (does not include analysis or recommendations on such information).

Cost (calculated using FY 2023/24 salary schedules):

0.4 FTE (unbenefited): $35,636
1 FTE (benefited including pension costs): $146,871
This role, as specifically described above, is fulfilled by our 55 Plus team and with additional support by LGS Recreation administration. The 55 Plus office receives hundreds of calls, web visits, emails, and in person visits each month specifically for senior services, responds to requests for information, serves as navigator to help seniors access appropriate senior services from outside agencies and non-profits, and provides onsite resources and support. Information from senior service providers is compiled and publicly available both online, by phone, and onsite at the Adult Recreation Center. Specifically, the HUB online resource has been developed, vetted, and maintained by LGS Recreation and continues to scale to the requests and needs of the community. Should Council seek duties beyond what is currently in place, further follow up for example, this effort can be addressed with expanded staffing via Town support. For high-level reference, a full-time assistant position is approximately $98,540 (benefited) mid-range.

Option 2: Administrative Analyst
Examples of potential Senior Services Coordinator duties:

Act as a Town liaison to senior services providers by serving as a key point of ATTACHMENT 3

ITEM NO. 13.
contact, communicating any feedback from users regarding their services, and sharing other information that might be useful to the providers.

Coordinate among senior services providers.

Note: The coordination could involve sharing what other providers are doing, suggesting synergies and opportunities to collaborate among different providers, and to have a general pulse on service provider activities and needs. This would not be the same as directing the providers as they are not under the purview of the Town.

Provide suggestions on potential changes in service delivery or ways the Town/providers could better support seniors.

Note: Providers would not need to implement any suggestions as the Town does not have authority over them.

Support implementation of the Senior Roadmap.

Note: The amount of support provided would be limited by the number of hours per week and bandwidth after completing other duties. It is also worth noting that not all of the Senior Roadmap actions are for the Town to implement; however, the Senior Services Coordinator could facilitate and monitor the implementation actions of other groups in some instances.

This higher-level position could also perform duties included in Option 1:

Administrative Assistant. If the Council would like the Senior Services Coordinator to perform the duties of Option 1 and Option 2, a full-time position will be necessary for the workload.

Cost (calculated using FY 2023/24 salary schedules):

0.4 FTE (unbenefited): $47,322
1 FTE (benefited including pension costs): $212,042
This position may best be appointed to a consultant or contracted individual and though not an LGS appointed individual, we’d continue to seek a high level of engagement. While LGS Recreation is not solely responsible for the CHSSC Senior Roadmap implementation, we do serve as a key organization and resource for the senior and greater community. Our agency mission and efforts continue to align with the strategic priorities of the Town.

Option 3: Senior Case Manager
Note: The Town does not have the internal expertise to manage the responsibilities and liability that come with a position at this level and would need to contract out these duties to an outside organization.

Examples of potential Senior Services Coordinator duties:

Provides casework services to individuals in the areas of crisis intervention, stabilization, and goal planning.

Conducts intakes, assessments and follow up appointments with individuals and family members to obtain information for formulating program/service eligibility and case plans.

Identifies social, economic and physical needs and barriers with clients; and assesses client's support systems, available community resources and other factors to develop an appropriate case plan.

ITEM NO. 13.

ITEM NO. 13.
1 Katy Nomura
From: Emily Sprugasci
Sent: Thursday, September 12, 2024 11:27 AM
To: Katy Nomura
Cc: Nancy Rollett
Subject: Case Manager proposal
[EXTERNAL SENDER]
Hi Katy,
LGS RecreaƟon conƟnues to prioriƟze the Case Manager posiƟon as an important collaboraƟve community benefit. AŌer conƟnued consideraƟon and evaluaƟon, LGS RecreaƟon will allocate 10k of Pellerin funds to support the effort. This amount allocaƟon will be for the current budget cycle, not to exceed June 30, 2025. It is our hope and intenƟon that LGS RecreaƟon and the Town of Los Gatos collaborate in this process to secure this trial posiƟon, a non-medical Case Manager as proposed.

Emily Sprugasci
Recreation Manager
Direct: 408.207.4921
LGS Recreation
Main Office: 408.354.8700
123 E. Main St, Los Gatos, CA 95030
Building a Healthy Community Through Enrichment, Innovation, and Fun! ATTACHMENT 4

ITEM NO. 13.

PREPARED BY: Katy Nomura
Interim Town Manager
Reviewed by: Interim 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: 09/17/2024
ITEM NO: 14
DATE: September 12, 2024
TO: Mayor and Town Council
FROM: Katy Nomura, Interim Town Manager
SUBJECT: Adopt a Commission Events Policy and Revised Town Council Policy 5-03 “Commission Budgets”
RECOMMENDATION:

Adopt a Commission Events Policy (Attachment 1) and revised Town Council Policy 5-03 “Commission Budgets” (Attachment 2).

BACKGROUND:

In an effort to provide consistent guidance to Commissions regarding events and to ensure the appropriate use of staff resources, the Policy Committee considered a potential Commission Events Policy at its June 25, 2024 meeting. The Committee discussed that Commissions should be encouraged to have self-sufficient tabling at existing Town events, rather than separate events, to minimize the use of staff resources. The Committee also discussed a requirement that if a Commission wanted to hold a unique event, as an exception and not the norm, the Commission would submit a recommendation to the Town Council for consideration and approval. It was suggested that if staff support was necessary, that it should not be on the weekends. The draft Commission Events Policy (Policy) in Attachment 1 includes these elements and was considered by the Committee at its August 27, 2024 meeting. Additional background can be found in the staff report provided at that meeting for Item 2.1

1 August 27, 2024 Policy Committee Staff Report Regarding Draft Commission Events Policy:
https://mccmeetingspublic.blob.core.usgovcloudapi.net/losgatos-meete87cc1ca17cb426e9eef752c7ed5a5c0/ITEM-Attachment-003-1f75387fb2e74caaa8a774171eea8019.pdf August 27, 2024 Policy Committee Agenda:
https://meetings.municode.com/adaHtmlDocument/index?cc=LOSGATOS&me=e87cc1ca17cb426e9eef752c7ed5a 5c0&ip=True

ITEM NO. 14.

PAGE 2 OF 2
SUBJECT: Commission Events Policy and Commission Budget Policy DATE: September 12, 2024
DISCUSSION:

On August 27, 2024, the Policy Committee recommended that the proposed Commission Events Policy (Attachment 1) be brought to the Town Council for consideration and approval.

The Committee also recommended that amendments to the Town Council Policy 5-03 “Commission Budgets” be considered to ensure both policies are aligned.

The proposed amendments to the Commission Budgets Policy broaden appropriate uses of a Commission’s Budget to include purchasing giveaway items for any event authorized under the Commission Events Policy and hosting Town Council approved Commission Events in accordance with the Commission Events Policy.

ALTERNATIVES:

1. Council may direct staff to make specific changes to either policy.

2. Council may take no action.

CONCLUSION:

Staff recommends adopting the proposed Commission Events Policy (Attachment 1) and the revised Commission Budgets Policy 5-03 (Attachment 2).

FISCAL IMPACT:

Adopting a consistent Commission Events Policy and corresponding edits to the Commission Budgets Policy will help ensure that Town funds and staffing are used appropriately and towards Town Council directed objectives.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Proposed Commission Events Policy

2. Proposed Amendments to Town Council Policy 5-03 “Commission Budgets” (Redline)

ITEM NO. 14.

ATTACHMENT 1

COUNCIL POLICY MANUAL
TITLE: COMMISSION EVENTS POLICY NUMBER:

EFFECTIVE DATE: PAGES: 3
ENABLING ACTIONS: REVISED DATES:

APPROVED:

I. PURPOSE:

The Town Boards, Commissions, and/or Committees (hereafter, Commissions) may have interest in engaging the public through community events. This Policy sets forth the criteria for Commission participation in events and the use of Town resources for such activities. For the purposes of this Policy, participation in events refers to serving in a formal Town Commission role in an event for purposes of engaging the attendees and does not refer to simply attending an event. This Policy pertains to a Commission’s participation in events in its official capacity and does not apply when a Commissioner is not acting in their official capacity.

This Policy works in concert with the Town’s Purchasing Policy and other policies and procedures.

II. COMMISSION EVENTS
A. Applicability
a. The following sections of this Policy will apply to all Commissions with the exception of the Youth Commission. In the Youth Commission’s enabling resolution, one of its duties is to hold forums. In addition, youth may not be able to operate as independently as adult Commissioners and different considerations may need to be made for safety and successful event participation. Due to this specific duty and the additional considerations for participating youth, Youth Commission events may occur with the approval of the Police Chief to ensure adequate consideration of budget, safety, liability, logistics, and staffing resources, unless otherwise requested by the Town Council.

B. General Guidelines:
a. A Commission’s participation in an event must directly relate to its enabling resolution and be within the scope of the Commission.

Small Town Service Community Stewardship Future Focus

ITEM NO. 14.

TITLE: Commission Events PAGE:
2 of 3
POLICY NUMBER:
b. Participation and activities must be appropriate for the type of event and provide meaningful interaction with the event attendees.
c. Commissions may not participate in events that are:
i. Related to lobbying or for endorsing political candidates or parties; or ii. Expressly in opposition to the Town’s Vision Statement, Guiding Principles, and Core Values.
d. A Commission’s budget must be used to fund any necessary expenditures for a Commission event and must be done in accordance with Council Policies 5-03, “Commission Budgets” and 4-06 “Purchasing Policy.” Any additional funds require Council approval and allocation.
e. Commissioners are responsible for preparing for and staffing their portion of any event and Town staff is not expected to participate. Exceptions may be made by the Town Council when the use of staff time has been considered and approved by Town Council; exceptions may only be granted if staffing resources are available, budget is available to cover any necessary overtime, and the event is approved by the Town Council and is found to be in compliance with this Policy.

C. Guidelines Specific to the Type of Event:
a. Commission Participation at Existing Town Hosted Events:
i. Existing Town Hosted Events are events hosted by the Town that are already part of a Town Department’s planned work, independent of Commission interest in the event. These events could include annual Town events (e.g. Spring into Green), public meetings, workshops, or similar activities. ii. Where there is a nexus between the work of a Commission and the intent of an event, or the Commission can provide an activity that creates this nexus, staff may invite Commissions to participate in an event and will provide guidance on how Commissions may participate, should they choose to do so. The guidance will be designed to ensure the success of the event for both Commissioners and staff and will vary depending on the nature of each event. If the provided guidance is followed, no additional Town Council approval is required for Commissioners to participate, unless otherwise requested by Town Council. iii. Not all Town Hosted Events are suitable for Commission participation due to limitations including timing, logistics, space requirements, event intent, and staff bandwidth. Staff will strive to provide Commissions opportunities to participate in Existing Town Hosted Events to the extent reasonably practicable and appropriate.
b. Commission Participation at an Externally Hosted Event:
i. Externally Hosted Events are events hosted by entities other than the Town and not hosted by a Town Commission. For example, these events may be

ITEM NO. 14.

TITLE: Commission Events PAGE:
3 of 3
POLICY NUMBER:
implemented by non-profits, businesses, community groups, and other community and neighborhood stakeholders.
ii. In their official capacity, Commissions may only participate in Externally Hosted Events that:
a. Serve a public benefit or purpose in alignment with the Commission’s purpose as stated in the enabling resolution.
b. Are hosted by a non-profit organization, government organization, or official Town partner;
c. Are located in the Town of Los Gatos or targeted for the Los Gatos community; and
d. Are free to attendees.
iii. If these provisions and the General Guidelines are met, no additional Town Council approval is required for Commissioners to participate, unless otherwise requested by Town Council. Exceptions to these provisions require Town Council approval.
c. Commission Hosted Events:
i. Commission Hosted Events are events hosted, funded, and implemented by the Commission.
ii. Commissions are advisory bodies to Council and do not typically host or produce events, unless requested by Town Council. Therefore, Commissions are encouraged to participate in existing Town Hosted or Externally Hosted Events as outlined above, rather than hold Commission Hosted Events. If no Town Hosted or Externally Hosted Event exists, alternatives could be for an appropriate nonprofit to develop an Externally Hosted Event or to pursue the event outside of the Commission’s or Commissioner’s official capacity.
iii. In the rare instance a Commission is interested in holding a Commission Hosted Event, the Commission should make a recommendation to the Town Council for its consideration.
iv. All Commission Hosted Events require Town Council approval prior to implementation to ensure adequate staff and financial resources are available, alignment with Town Council priorities, and consideration of liability and logistics. If staff attendance is necessary, events past 8:00 p.m. or on weekends should be avoided whenever possible and staff availability should be taken into account when planning the date and time.

APPROVED AS TO FORM:

Gabrielle Whelan, Town Attorney

ITEM NO. 14.

COUNCIL POLICY MANUAL
TITLE: COMMISSION BUDGETS POLICY NUMBER: 5-03
EFFECTIVE DATE: 04/17/2024 PAGES: 2
ENABLING ACTIONS: REVISED DATES:

APPROVED:

I. PURPOSE:

The Town Council may allocate funding to Town Boards, Commissions, and/or Committees (hereafter, Commissions) for the purpose of communicating the work of the Commission to the Los Gatos community. This Policy sets forth the criteria for the use of these funds, should they be allocated.

This Policy works in concert with the Town’s Purchasing Policy and other procedures.

II. USE OF COMMISSION BUDGET
A. Appropriate Uses: Appropriate uses of a Commission’s budget, include:

1. Purchasing supplies and materials for Commission activities

2. Printing flyers or other materials for distribution to the community

3. Purchasing give away items at Town events (e.g., the Youth Commission giving away succulents at Spring into Green) or events as authorized by the Commission Events Policy

4. Paying for the registration for a table or booth at a non-Town event in conformance with State law

5. Attending relevant workshops (registration only)

6. Hosting a Town Council approved “Commission Hosted Event” in accordance with the Commission Events Policy and the Town’s Purchasing Policy B. Inappropriate Uses: Inappropriate uses of a Commission’s budget, include:

1. Hiring a vendor to perform services

2. Paying Town employees or other individuals

3. Granting or donating funds to a third-party organization(s), including being a sponsor or financially supporting a third-party organization’s activities and/or events Small Town Service Community Stewardship Future Focus
ATTACHMENT 2

ITEM NO. 14.

TITLE: Commission Budgets

PAGE:
2 of 2
POLICY NUMBER:
5-03
C. Modification of Appropriate Uses: Should a Commission identify a new use for its Town funds, this Policy must be updated by the Town Council.

III. PROCEDURE FOR EXPENDITURES
A. Prior to Expenditure: Prior to any expenditure that is an appropriate use, the following procedure must be followed:

1. The request for use of the Commission’s budget must be agendized for Commission consideration.

2. The staff liaison to the Commission would verify that the intended use of the funds meets this Policy.

3. The staff liaison would verify available funds for the expenditure.

4. If approved by the Commission, the staff liaison would explain how the purchase would occur.

B. Expenditure: The staff liaison would be responsible for the expenditure, following the Town’s Procurement Policy, State law, and local regulations.

C. Post-Expenditure: The staff liaison would be responsible for submitting all receipts and documentation associated with the expenditure to the Finance Department, and retaining the documentation consistent with Town policies, procedures, and practices.

APPROVED AS TO FORM:

Gabrielle Whelan, Town Attorney

ITEM NO. 14.

PREPARED BY: Rebecca Albin
Operations Captain
Reviewed by: Interim 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: 09/17/2024
ITEM NO: 15
DATE: September 17, 2024
TO: Mayor and Town Council
FROM: Katy Nomura, Interim Town Manager
SUBJECT: Adopt a Resolution to Renew an Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy Pursuant to Assembly Bill 481 RECOMMENDATION:

Adopt a resolution (Attachment 5) to renew an ordinance approving a military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481.

BACKGROUND:

On September 30, 2021, Governor Newsom signed into law several major peace officer reform bills, including Assembly Bill 481 (AB 481). AB 481 (Attachment 1) was authored by Assemblymember David Chiu (D-San Francisco) to address the funding, acquisition, and use of items deemed to be “military equipment.” This bill requires law enforcement agencies, including the Los Gatos-Monte Sereno Police Department, “to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.” Furthermore, AB 481 requires similar approval for the continued use of “military equipment” acquired by the Los Gatos-Monte Sereno Police Department prior to September 17, 2024, and allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards.

DISCUSSION:

AB 481 requires the governing body that oversees a law enforcement agency to approve and renew an ordinance adopting a military equipment use policy at a regular meeting of the governing body held in accordance with the Brown Act. The Assembly Bill has designated

ITEM NO. 15.

PAGE 2 OF 3
SUBJECT: Adopt a Resolution to Renew Ordinance Approving Military Equipment Use Policy
DATE: September 17, 2024
certain types of law enforcement equipment as "military equipment." Out of the fifteen categories of “military equipment” listed under AB 481, Los Gatos-Monte Sereno Police Department has items in four of the categories. These items include: a robot; an unmanned aerial vehicle (UAV); rifles and ammunition; noise flash diversionary devices; tear gas and munitions; and 40mm less lethal weapon and munitions.

The resolution proposed for adoption would renew the Town’s existing ordinance approving the military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481. A resolution renewing the ordinance must be adopted before Los Gatos-Monte Sereno Police Department may request, seek funds, acquire, collaborate to deploy, use, or solicit a proposal for any type of military equipment. AB 481 requires that the resolution renewing the ordinance be adopted annually. AB 481 outlines the requirements of the Police Department so that ongoing access to the items mentioned can continue and for future acquisition process and the transparency requirements. Los Gatos-Monte Sereno Police contracts with Lexipol, a public safety policy and training organization, for policy development and implementation. Lexipol policy 704-Military Equipment outlines purpose, scope, definitions, and categories deemed as military equipment (See Attachment 2). Each type of military equipment identified in the military equipment use report continues to meet the following standards for approval contained in Government Code Section 7071:

A. The “military equipment” identified in Los Gatos-Monte Sereno Police Department Lexipol Policy 704 is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

B. Los Gatos-Monte Sereno Police Department Lexipol Policy 704 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. The “military equipment” identified in Los Gatos-Monte Sereno Police Department Lexipol Policy 704 is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safe.

D. Prior military equipment use has complied with the Town’s military equipment use policy.

In addition to posting the “military equipment” use policy on the law enforcement agency’s website, each agency must submit an annual “Military Equipment” Report to the governing body detailing the equipment used in the preceding year. This report must include a summary of how the equipment was used, a summary of complaints received, the result of any internal audit and actions taken in response, the total annual cost and the quantity possessed of each type of “military equipment,” and any additional equipment the agency intends to acquire in the next year. This “Military Equipment” report is attached as Attachment 3.

Each year the governing body must review the annual report and determine whether each type of military equipment identified in that report has complied with the standards for approval set

ITEM NO. 15.

PAGE 3 OF 3
SUBJECT: Adopt a Resolution to Renew Ordinance Approving Military Equipment Use Policy
DATE: September 17, 2024
forth above and vote on whether to renew it, in accordance with Government Code Section 7071 (e)(2).

Los Gatos-Monte Sereno Police Department will be holding a community outreach meeting to discuss AB 481 on September 25, 2024. Lexipol policy 704 and the detailed list of our military equipment is posted on the Police Department website.

CONCLUSION:

Staff recommends adopting a resolution (Attachment 5) renewing Ordinance 2329 (Attachment 4) adopting the military equipment use policy as set forth in the Los Gatos Police Department’s Lexipol Policy 704.

ALTERNATIVES:

If the resolution (Attachment 5) is not approved, Los Gatos-Monte Sereno Police Department will cease the use of equipment designated by AB 481 as military equipment. Los Gatos-Monte Sereno Police Department will be required to redesign policies, procedures, and operations for critical incident response; this includes our ability to provide and receive mutual aid, address an immediate threat, or have a more expansive de-escalation option. Public safety may be negatively impacted with diminished access to the resources currently in the Police Department’s inventory.

FISCAL IMPACT:

There is no fiscal impact in renewing this ordinance and the military equipment use policy.

Attachments:

1. Assembly Bill 481

2. LGMSPD Lexipol Policy 704 inclusive of a hyperlink to AB 481 Defined list of Military Equipment in LGMSPD possession

3. LGMSPD Military Equipment Inventory 2024

4. Ordinance

5. Resolution to Renew Ordinance

ITEM NO. 15.
92 Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing ATTACHMENT 1

ITEM NO. 15.
92 Ch. 406 — 2 —
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.

ITEM NO. 15.
— 3 — Ch. 406
92 (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitionsshall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheelsfor forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters,

ITEM NO. 15.

Ch. 406 — 4 —
92 or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposesto use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight

ITEM NO. 15.
— 5 — Ch. 406
92 authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of

ITEM NO. 15.

Ch. 406 — 6 —
92 the military equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications

ITEM NO. 15.
— 7 — Ch. 406
92 to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long asthe military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

ITEM NO. 15.

Ch. 406 — 8 —
92 (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would

ITEM NO. 15.
— 9 — Ch. 406
92 result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

O

ITEM NO. 15.

Policy
704
Los Gatos-Monte Sereno Police Department
Los Gatos-Monte Sereno Police Department Policy Manual
Copyright Lexipol, LLC 2024/08/22, All Rights Reserved.

Published with permission by Los Gatos-Monte Sereno Police Department
Military Equipment - 1
Military Equipment
704.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
704.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

ATTACHMENT 2

ITEM NO. 15.

Los Gatos-Monte Sereno Police Department
Los Gatos-Monte Sereno Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/08/22, All Rights Reserved.

Published with permission by Los Gatos-Monte Sereno Police Department
Military Equipment - 2
704.2 POLICY
It is the policy of the Los Gatos-Monte Sereno Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 704.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Los Gatos-Monte Sereno Police Department (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
704.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here] See attachment: Military equipment inventory 2023 reporting.pdf 704.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

ITEM NO. 15.

Los Gatos-Monte Sereno Police Department
Los Gatos-Monte Sereno Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/08/22, All Rights Reserved.

Published with permission by Los Gatos-Monte Sereno Police Department
Military Equipment - 3
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 704.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 704.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 704.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

ITEM NO. 15.

Los Gatos-Monte Sereno Police Department Policy Manual
Copyright Lexipol, LLC 2024/08/22, All Rights Reserved.

Published with permission by Los Gatos-Monte Sereno Police Department
Attachments - 4
Attachments

ITEM NO. 15.

Attachment
Los Gatos-Monte Sereno Police Department Policy Manual
Copyright Lexipol, LLC 2024/08/22, All Rights Reserved.

Published with permission by Los Gatos-Monte Sereno Police Department
Military equipment inventory 2023
reporting.pdf - 5
Military equipment inventory 2023 reporting.pdf
Military equipment inventory 2023 reporting.pdf

ITEM NO. 15.

MILITARY EQUIPMENT INVENTORY

1. Robot (Category 1)
a. Description, quantity, capabilities, and purchase cost:

This equipment is a battery powered, remote operated device. Equipped with two cameras and two-way radio capabilities. This equipment is for (potential) use during high-risk incidents. Use is limited to members of the Departments Crisis Response Unit.

Incidents that may qualify for its use include, but are not limited to, a high-risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and if there are other subjects inside that need assistance. The two-way speakers can be used to deescalate and determine resistance level.

I. Robotex Avatar Tactical Robot, cost: $12,389.21 quantity: 1. b. Purpose:

To be used to remotely gain visual/audio data, deliver Crisis Negotiation Team (CNT) phone, disrupt packages, and clear buildings.
c. Authorized Use:

Only assigned operators who have completed the required training shall be permitted to operate the robot. Use is established by the Incident Commander. All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 309 – Search and Seizure, LGPD Policy 404 – Crisis Response Unit (CRU) Team. d. Expected Lifespan:
10-15 years
e. Fiscal Impact:

No known annual maintenance cost.

ITEM NO. 15.

2. Unmanned Aerial Vehicles (Category 1)
a. Description, quantity, capabilities, and purchase cost:

The Skydio 2 pro is a small non- commercial grade UAV. This UAV is a battery powered, remote operated device. Controller: Apple I pad. The controller allows the operators to control UAV and view live feed from UAV-mounted camera. Camera: Sony IMX577 camera. The camera provides operators ability to switch between standard Flight time of approximately 25-30 minutes per battery, depending on weather and flight conditions. The UAV has also proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel.

I. Skydio 2 Pro unmanned aerial vehicle (UAV), cost: $6,902.35 quantity: 1. b. Purpose:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

I. major collision investigations.

II. search for missing persons.

III. natural disaster management.

IV. crime scene photography.

V. CRU, tactical or other public safety and life preservation missions.

VI. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use:

Only assigned operators who have completed the required training shall be permitted to operate the Skydio 2 pro during approved missions. All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 309 – Search and Seizure, LGMSPD Policy 314 – Missing Persons, LGMSPD Policy 608 – Unmanned Aerial System Operations, LGMSPD Policy 404 – Crisis Response Unit (CRU).
d. Expected Lifespan:
5 years
e. Fiscal Impact:

No known annual maintenance cost.

ITEM NO. 15.

3. Specialized Firearms and Ammunition (Equipment Category 10) a. Description, quantity, capabilities, and purchase cost:

The Carbine Rifle is a firearm, capable of accurately stopping an armed subject at various distances. The Carbine Rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon, designed for semi-automatic & selective fire. The Carbine Rifle does not have an expiration and will need to be serviced or replaced when the rifle fails or breaks. The .223 / 5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects.

I. Colt AR-15/M4, Lewis Machine & Tool AR-15, and Aero Precision AR-15, cost: $54,635 quantity:49
The Speer .223 Remington, 62 grain, GDSP cartridge is the primary duty ammunition deployed during potential lethal encounters.

II. Speer .223 Remington, 62 grain GDSP cartridge, cost: $4,182.64, quantity: 7,000.

The Federal .223 Remington, 55 grain cartridge is the primary training ammunition for the Department.

III. Federal .223 Remington, 55 grain cartridge, cost: $3,913.11, quantity: 9,000.

The Los Gatos-Monte Sereno Police Department Crisis Response Unit (CRU) was formed in 1985, in response to very dangerous or violent tactical encounters. The Sniper element deploys with precision rifles, which enables the stopping of an armed subject at a safe distance. The Sniper Rifle does not have an expiration and will need to be serviced or replaced when the Rifle fails or breaks. The .308 Winchester cartridge: is a rimless, bottlenecked rifle cartridge. The .308 WIN. cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects.

IV. Aero Precision 308 Rifle, cost: $5,362.80, quantity: 2.

The Federal .308 WIN., 168 grain tactical tip, cartridge is ammunition deployed during potential lethal encounters at longer distances. The 168-grain projectile maintains accuracy, while resulting in higher impact velocities, less drop, less wind drift, and more energy on target.

V. Federal .308 WIN., 168 grain tactical tip, cost: $1,716.00, quantity: 2,000.

ITEM NO. 15.

The Federal .308 WIN., 168 grain tactical bonded cartridge is ammunition deployed during potential lethal encounters, when shooting through barriers. The 168-grain Tactical Bonded projectile is capable of accurately striking targets behind an angled window or windshield, without the risk of unpredictable bullet deflection. Conventional bullets break apart or fragment when penetrating glass, which does not allow an accurate impact.

VI. Federal .308 WIN., 168 grain tactical bonded cartridge, cost: $1,520.00, quantity:
1,000.
b. Purpose:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use:

Only members that are POST certified are authorized to use a particular rifle. All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 300 – Use of Force, LGMSPD Policy 305 – Firearms Training and Qualifications, LGMSPD Policy 404 – Crisis Response Unit (CRU) d. Expected Lifespan:

I. Carbine Rifle – No expiration
II. The Speer .223 Remington, 62 grain, – No expiration III. The Federal .223 Remington, 55 grain, – No expiration IV. Sniper Rifles – No expiration
V. The Federal .308 WIN. Tactical Tip, 168 grain – No expiration VI. The Federal .308 WIN Tactical Bonded Tip, 168 Grain- No expiration e. Fiscal Impact:

I. Carbine Rifle – Annual cost between $0-$3,000
II. The Speer .223 Remington, 62 grain- Annual cost between $0-$6,000.

III. The Federal .223 Remington, 55 grain – Annual cost between $0 -$9,000.

IV. Sniper Rifle – Annual cost between $0-unknown for maintenance.

V. The Federal .308 WIN. Tactical Tip, 168 grain – Annual cost between $0 - $2,000.

VI. The Federal .308 WIN Tactical Bonded Tip, 168 Grain-Annual cost between $0-$2000.

ITEM NO. 15.

4. Flashbangs (Category 12)
a. Description, quantity, capabilities, and purchase cost:

A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. Def Tech 11 Gr mini NFDD emits a loud “bang” and a flash of light
I. Def Tech 11 Gr mini NFDD, cost: $2,612.50, quantity: 50 b. Purpose:

To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use:

Diversionary Devices shall only be used:

I. By CRU officers who have been trained in their proper use.

II. In hostage and barricaded subject situations.

III. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.

IV. During other high-risk situations where their use would enhance officer safety.

V. During training exercises.

All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 300 – Use of Force, LGMSPD Policy 404 – Crisis Response Unit. d. Expected Lifespan:

Def Tech 11-gram mini NFDD – 5 years
e. Fiscal Impact:

Def Tech 11 Gram mini NFDD – Annual cost between $0 - $2,612.50

ITEM NO. 15.

5. Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Los Gatos-Monte Sereno Police Department as a non-lethal tool to disperse rioting subjects and on barricaded suspects. The Los Gatos-Monte Sereno Police Department uses chemical agents which are used by law enforcement across the United States: CS (2-Chlorobenzylidenemalononitrile)and OC (Oleoresin Capsicum)CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

I. Def Tech handheld OC/CS canisters, model #1050 Cost: $ 361.50, quantity: 6 b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:

I. Self-destructive, dangerous and/or combative individuals.

II. Riot/crowd control and civil unrest incidents.

III. Circumstances where a tactical advantage can be obtained.

IV. Potentially vicious animals.

V. Training exercises or approved demonstrations.
c. Authorized Use:

Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents. All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 300 – Use of Force, LGMSPD Policy 404 – Crisis Response Unit (CRU).
d. Expected Lifespan:

Def Tech handheld OC/CS canisters, model #1050 – 5 years e. Fiscal Impact:

Def Tech handheld OC/CS canisters, model #1050 – estimated between $0 and $450 annually

ITEM NO. 15.

6. Projectile Launch platforms and associated munitions (Category 14) a. Description, quantity, capabilities, and purchase cost:

The Lewis Machine & Tool Launcher is not a firearm, but a Less-Lethal systems that uses smokeless powder to deliver 40MM projectiles from a safe distance. The Less-Lethal launcher is capable of launching 40MM munitions at a subject up to 25 yards. The LessLethal launcher is a single launcher, which allows the Officer to assess after every spent munition. Less-Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks. The 40MM munition is a Direct Impact Spin Stabilized Smokeless Sponge Munition. The Sponge Baton and Impact OC munition is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter.

Liquid Ferret Barricade munition are a less lethal 40mm round that is used to penetrate barriers such as windows, hollow core doors, wallboard, and thin plywood.

I. Lewis Machine & Tool Launcher, cost: $4,514.55. quantity: 5 II. Def Tech 40mm Direct Impact Sponge #6325, cost: $360.00 quantity: 20 III. Def Tech 40mm Direct Impact OC #6320LE, cost: $315.00, quantity: 15 IV. Def Tech 40mm CS liquid ferret rounds, model #1262, cost: $72.00, quantity: 3 V. Def Tech 40mm CS powder rounds, model #1292, cost: $ 120.00, quantity: 5 b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use:

Situations for use of the less lethal weapon systems may include, but are not limited to:

I. Self-destructive, dangerous and/or combative individuals.

II. Riot/crowd control and civil unrest incidents.

III. Circumstances where a tactical advantage can be obtained.

IV. Potentially vicious animals.

V. Training exercises or approved demonstrations.

All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 300 – Use of Force.
d. Expected Lifespan:

ITEM NO. 15.

I. 40mm Launcher: No expiration
II. 40mm Sponge Round: 5 years
III. 40mm OC: 5 years
IV.40mm CS liquid ferret rounds: 5years
V. 40mm CS powder: 5 years
e. Fiscal Impact:

I. 40mm Launcher: estimated between $0 and $5,000.00 annually II. 40mm Sponge Round: estimated between $0 and $500.00 annually III. 40mm Direct Impact OC: estimate between $0 and $300.00 annually IV. 40mm CS liquid ferret rounds: estimate between $0 and $360.00 annually V. 40mm CS powder rounds: estimate between $0 and $360.00

ITEM NO. 15.
2024 MILITARY EQUIPMENT INVENTORY
1 2024 MILITARY EQUIPMENT INVENTORY
Los Gatos Monte Sereno Police Department
Prior year (April 1, 2023 to September 17, 2024) usage summary, complaints received, audits and actions taken as a result.

The quantities associated with each item may have changed from the previous year due to training usage. The drone was used for critical incident infrastructure reconnaissance, missing persons cases and to assist with perimeter checks of expansive locations. There were no complaints received regarding this equipment. No internal or external audits were conducted or required as a result of not receiving complaints. There were no actions taken as a result. The items categories and types remain the same from the previous year.

1. Robot (Category 1)
a. Description, quantity, capabilities, and purchase cost:

The Robotex Avatar Tactical Robot is a battery powered, remote operated device. Equipped with two cameras and two-way radio capabilities. This equipment is for (potential) use during high-risk incidents. Use is limited to members of the Departments Crisis Response Unit. Incidents that may qualify for its use include, but are not limited to, a high-risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and if there are other subjects inside that need assistance. The two-way speakers can be used to de- escalate and determine resistance level.

ATTACHMENT 3

ITEM NO. 15.
2024 MILITARY EQUIPMENT INVENTORY
2 i. Robotex Avatar Tactical Robot, cost: $12,389.21 quantity:
1 b. Purpose:

To be used to remotely gain visual/audio data, deliver Crisis Negotiation Team (CNT) phone, disrupt packages, and clear buildings.
c. Authorized Use:

Only assigned operators who have completed the required training shall be permitted to operate the robot. Use is established by the Incident Commander. All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 309 – Search and Seizure, LGPD Policy 404 – Crisis Response Unit (CRU) Team.
d. Expected Lifespan:
10-15 years
e. Fiscal Impact:

No known annual maintenance cost.

2. Unmanned Aerial Vehicle (Category 1)
a. Description, quantity, capabilities, and purchase cost:

The Skydio 2 is a small non- commercial grade UAV. This UAV is a battery powered, remote operated device. Controller: Apple I pad.

The controller allows the operators to control UAV and view live feed from UAV-mounted camera. Camera: Sony IMX577 camera.

Flight time of approximately 25-30 minutes per battery, depending on weather and flight conditions. The UAV has also proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel.

ITEM NO. 15.
2024 MILITARY EQUIPMENT INVENTORY
3 i. Skydio 2 unmanned aerial vehicle (UAV),
cost: $6,902.35 quantity: 1.
b. Purpose:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Major collision investigations.
ii. Search for missing persons.
iii. Natural disaster management.
iv. Crime scene photography.
v. Crisis Response Unit (CRU), tactical or other public safety and life preservation missions.
vi. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use:

Only assigned operators who have completed the required training shall be permitted to operate the Skydio 2 during approved missions. All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 309 – Search and Seizure, LGMSPD Policy 314 – Missing Persons, LGMSPD
Policy 608 – Unmanned Aerial System Operations, LGMSPD Policy 404 – Crisis Response Unit (CRU).
d. Expected Lifespan:
5 years
e. Fiscal Impact:

No known annual maintenance cost.

3. Unmanned Aerial Vehicle (Category 1)
a. Description, quantity, capabilities, and purchase cost:

The DJI Mavic 3T is a small non-commercial grade UAV. This UAV is battery powered, remote operated device. Controller: DJI RC Pro. The controller allows the pilots to control the UAV and view live feed from a UAV-mounted camera. Camera: DJI wide/zoom/thermal camera.

ITEM NO. 15.
2024 MILITARY EQUIPMENT INVENTORY
4 The camera provides the pilots the ability to switch between a wide camera view, zoom camera view, and a thermal camera view. UAV flight time of approximately 25-35 minutes depending on weather and flight conditions. The DJI Mavic 3T has been proven to be useful to public safety in firefighting, search and rescue, per-operation surveillance, and other tactical situation where aerial views enhance the safety and efficiency of law enforcement and fire personnel. i. The DJI Mavic 3T unmanned aerial vehicle (UAV),
cost: $8,702.35 quantity: 3.
b. Purpose:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Major collision investigations.
ii. Search for missing persons.
iii. Natural disaster management.
iv. Crime scene photography.
v. Crisis Response Unit (CRU), tactical or other public safety and life preservation missions.
vi. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use:

Only assigned operators who have completed the required training shall be permitted to operate the DJI Mavic 3T during approved missions. All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 309 – Search and Seizure, LGMSPD Policy 314 – Missing Persons, LGMSPD
Policy 608 – Unmanned Aerial System Operations, LGMSPD Policy 404 – Crisis Response Unit (CRU).
d. Expected Lifespan:
5 years
e. Fiscal Impact:

No known annual maintenance cost.

ITEM NO. 15.
2024 MILITARY EQUIPMENT INVENTORY
5 4. Unmanned Aerial Vehicle (Category 1)
a. Description, quantity, capabilities, and purchase cost:

The DJI Mini 3 Pro is a small non-commercial grade UAV. This UAV is battery powered, remote operated device. Controller: Google Pixel phone. The controller allows the pilots to control the UAV and view live feed from a UAV-mounted camera. Camera: DJI wide/zoom. The camera provides the pilots the ability to switch between a wide camera view and zoom camera view. UAV flight time of approximately 35-45 minutes depending on weather and flight conditions. The Mini 3 Pro has been proven to be useful to public safety in interior tactical situations where unmanned views enhance the safety and efficiency of law enforcement personnel.
i. The DJI Mini 3 Pro unmanned aerial vehicle (UAV), cost:
$1,584.35 quantity: 3.
b. Purpose:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Search for missing persons.
ii. Natural disaster management.
iii. Crime scene photography.
iv. Crisis Response Unit (CRU), tactical or other public safety and life preservation missions.
c. Authorized Use:

Only assigned pilots who have completed the required training shall be permitted to operate the DJI Mini 3 Pro during approved missions.

All other applicable LGMSPD policies remain in effect, to include, but are not limited to, LGMSPD Policy 309 – Search and Seizure, LGMSPD Policy 314 – Missing Persons, LGMSPD Police 608 – Unmanned Aerial System Operations, LGMSPD Policy 404 – Crisis Response Unit (CRU).

ITEM NO. 15.
2024 MILITARY EQUIPMENT INVENTORY
6 d. Expected Lifespan:
5 years
e. Fiscal Impact:

No known annual maintenance cost.

5. Unmanned Aerial Vehicle – Proposed Purchase (Category 1) a. Description, quantity, capabilities, and purchase cost:

The DJI Matrice 30T is a medium commercial grade UAV. This UAV is battery powered, remote operated device. Controller: DJI RC Plus w/ 7” screen. The controller allows the pilots to control the UAV and view live feed from a UAV-mounted camera. Camera: DJI
wide/zoom/thermal. The camera provides the pilots the ability to switch between a wide camera view, zoom camera view, and thermal view. UAV flight time of approximately 35-45 minutes depending on weather and flight conditions. The Matrice 30T has been proven to be useful to public safety in firefighting, search and rescue, peroperation surveillance, and other tactical situation where aerial views enhance the safety and efficiency of law enforcement and fire personnel.
i. The DJI Matrice 30T unmanned aerial vehicle (UAV),
cost: $14,063.99 quantity: 1.
b. Purpose:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Flying in all weather conditions.
ii. Major collision investigations.
iii. Search for missing persons.
iv. Natural Disaster Management.
v. Crime scene photography.
vi. Crisis Response Unit (CRU), tactical or other public safety and life preservation missions.

ITEM NO. 15.
2024 MILITARY EQUIPMENT INVENTORY
7 vii. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use:

Only assigned pilots who have completed the required training shall be permitted to operate the DJI Matrice 30T during approved missions. All other applicable LGMSPD policies remain in effect, to include, but are not limited to, LGMSPD Policy 309 – Search and Seizure, LGMSPD Policy 314 – Missing Persons, LGMSPD Police 608 – Unmanned Aerial System Operations, LGMSPD Policy 404 – Crisis Response Unit (CRU).
d. Expected Lifespan:
5 years
e. Fiscal Impact:

This is a proposed purchase to replace the Skydio 2 as the Skydio 2 has been determined to be antiquated and this asset has all the same functionality, and much more: including accident and crime scene reconstruction as well as improved imaging capabilities and the ability to fly in all weather conditions. There is no known annual maintenance cost.

6. Unmanned Aerial Vehicle – Proposed Purchase (Category 1) a. Description, quantity, capabilities, and purchase cost:

The DJI Avata is a small non-commercial grade UAV. This UAV is battery powered, remote operated device. Controller: Virtual goggles and motion controller. The controller allows the pilots to control the UAV and view live feed from a UAV-mounted camera. Camera: DJI 4K wide view. UAV flight time of approximately 15-18 minutes depending on weather and flight conditions. The Avata has been proven to be useful to public safety in interior tactical situations where unmanned views enhance the safety and efficiency of law enforcement personnel.

ITEM NO. 15.
2024 MILITARY EQUIPMENT INVENTORY
8 i. The DJI Avata unmanned aerial vehicle (UAV),
cost: $1,934.00 quantity: 1.
b. Purpose:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Search for missing persons.
ii. Natural Disaster Management.
iii. Crime scene photography.
iv. Crisis Response Unit (CRU), tactical or other public safety and life preservation missions.
c. Authorized Use:

Only assigned pilots who have completed the required training shall be permitted to operate the DJI Avata during approved missions. All other applicable LGMSPD policies remain in effect, to include, but are not limited to, LGMSPD Policy 309 – Search and Seizure, LGMSPD Policy 314 – Missing Persons, LGMSPD Police 608 – Unmanned Aerial System Operations, LGMSPD Policy 404 – Crisis Response Unit (CRU).
d. Expected Lifespan:
5 years
e. Fiscal Impact:

This is a proposed purchase to replace the DJI Mini 3 Pro as the DJI Mini 3 Pro has been determined to be antiquated and this asset has all the same functionality, and much more including improved maneuverability. There is no known annual maintenance cost.

7. Specialized Firearms and Ammunition (Category 10)
a. Description, quantity, capabilities, and purchase cost:

The Carbine Rifle is a firearm, capable of accurately stopping an armed subject at various distances. The Carbine Rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon, designed for semi-automatic & selective fire. The Carbine

ITEM NO. 15.
2024 MILITARY EQUIPMENT INVENTORY
9 Rifle does not have an expiration and will need to be serviced or replaced when the rifle fails or breaks. The .223 / 5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor
being worn by armed subjects.
i. Colt AR-15/M4, Lewis Machine & Tool AR-15, and Aero
Precision AR-15, cost: $55,750 quantity: 50
ii. The Speer .223 Remington, 62 grain, GDSP cartridge is the primary duty ammunition deployed during potential lethal encounters. Speer .223 Remington, 62 grain GDSP
cartridge, cost: $6572.64, quantity: 11,000.
iii. The Federal .223 Remington, 55 grain cartridge is the primary training ammunition for the Department. Federal .223 Remington, 55 grain cartridge, cost: $4,782.69
quantity: 11,000.
iv. The Los Gatos-Monte Sereno Police Department Crisis Response Unit (CRU) was formed in 1985, in response to
very dangerous or violent tactical encounters. The Sniper element deploys with precision rifles, which enables the stopping of an armed subject at a safe distance. The Sniper Rifle does not have an expiration and will need to be
serviced or replaced when the Rifle fails or breaks. The .308 Winchester cartridge: is a rimless, bottlenecked rifle
cartridge. The .308 WIN. cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by
armed subjects. Aero Precision 308 Rifle, cost: $5,362.80, quantity: 2.
v. The Federal .308 WIN., 168 grain tactical tip, cartridge is ammunition deployed during potential lethal encounters at longer distances. The 168-grain projectile maintains
accuracy, while resulting in higher impact velocities, less

ITEM NO. 15.
2024 MILITARY EQUIPMENT INVENTORY
10 drop, less wind drift, and more energy on target. Federal .308 WIN., 168 grain tactical tip, cost: $2,145.00, quantity:
2,500.
vi. The Federal .308 WIN., 168 grain tactical bonded cartridge is ammunition deployed during potential lethal
encounters, when shooting through barriers. The 168-grain Tactical Bonded projectile is capable of accurately striking targets behind an angled window or windshield, without the risk of unpredictable bullet deflection. Conventional
bullets break apart or fragment when penetrating glass, which does not allow an accurate impact. Federal .308
WIN., 168 grain tactical bonded cartridge, cost: $1,216.00, quantity: 800.
b. Purpose:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use:

Only members that are POST certified are authorized to use a particular rifle. All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 300 – Use of Force, LGMSPD Policy 305 – Firearms Training and Qualifications, LGMSPD Policy 404 – Crisis Response Unit (CRU)
d. Expected Lifespan:
i. Carbine Rifle – No expiration
ii. Speer .223 Remington, 62 grain, – No expiration
iii. Federal .223 Remington, 55 grain, – No expiration
iv. Sniper Rifles – No expiration
v. Federal .308 WIN. Tactical Tip, 168 grain – No expiration vi. Federal .308 WIN Tactical Bonded Tip, 168 Grain- No expiration

ITEM NO. 15.
2024 MILITARY EQUIPMENT INVENTORY
11 e. Fiscal Impact:
i. Carbine Rifle – Annual cost between $0-$3,000
ii. Speer .223 Remington, 62 grain- Annual cost between $0- $6,000.
iii. Federal .223 Remington, 55 grain – Annual cost between $0 -$9,000.
iv. Sniper Rifle – Annual cost between $0-unknown for
maintenance.
v. Federal .308 WIN. Tactical Tip, 168 grain – Annual cost between $0 - $2,000.
vi. Federal .308 WIN Tactical Bonded Tip, 168 Grain-Annual cost between $0-$2000.

8. Flashbangs (Category 12)
a. Description, quantity, capabilities, and purchase cost:

A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. Def Tech 11 Gr mini NFDD emits a loud “bang” and a flash of light.
i. Def Tech 11 Gr mini NFDD, cost: $2,403.50, quantity: 46 b. Purpose:

To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological / psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use:

Diversionary Devices shall only be used:
i. By CRU officers who have been trained in their proper use.

ITEM NO. 15.
2024 MILITARY EQUIPMENT INVENTORY
12 ii. In hostage and barricaded subject situations.
iii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high-risk situations where their use would enhance officer safety.
v. During training exercises.

All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 300 – Use of Force, LGMSPD Policy 404 – Crisis Response Unit.
d. Expected Lifespan:

Def Tech 11-gram mini NFDD – 5 years
e. Fiscal Impact:

Def Tech 11 Gram mini NFDD – Annual cost between $0 - $2,403.50

9. Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Los Gatos-Monte Sereno Police Department as a non-lethal tool to disperse rioting subjects and on barricaded suspects. The Los Gatos-Monte Sereno Police
Department uses chemical agents which are used by law
enforcement across the United States: CS (2-
Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum) CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

ITEM NO. 15.
2024 MILITARY EQUIPMENT INVENTORY
13 i. Def Tech handheld OC/CS canisters, model #1050 Cost: $ 301.25, quantity: 5
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be
obtained.
iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use:

Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents. All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 300 – Use of Force, LGMSPD Policy 404 – Crisis Response Unit (CRU).
d. Expected Lifespan:
i. Def Tech handheld OC/CS canisters, model #1050 – 5 years e. Fiscal Impact:

Def Tech handheld OC/CS canisters, model #1050 – estimated between $0 and $450 annually

10. Projectile Launch Platforms and Associated Munitions (Category 14) a. Description, quantity, capabilities, and purchase cost:

The Lewis Machine & Tool Launcher is not a firearm, but a Less-Lethal systems that uses smokeless powder to deliver 40MM projectiles from a safe distance. The Less-Lethal launcher can launch 40MM munitions at a subject up to 25 yards. The Less-Lethal launcher is a single launcher, which allows the Officer to assess after every spent munition. LessLethal launcher does not have an expiration and will need to be serviced

ITEM NO. 15.
2024 MILITARY EQUIPMENT INVENTORY
14 or replaced when the launcher fails or breaks. The 40MM munition is a Direct Impact Spin Stabilized Smokeless Sponge Munition. The Sponge Baton and Impact OC munition is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter. Liquid Ferret Barricade munition is a less lethal 40mm round that is used to penetrate barriers such as windows, hollow core doors, wallboard, and thin plywood.
i. Lewis Machine & Tool Launcher, cost: $9,932.01. quantity: 11 ii. Def Tech 40mm Direct Impact Sponge #6325, cost:
$1710.00 quantity: 95
iii. Def Tech 40mm Direct Impact OC #6320LE, cost: $525.00, quantity: 25
iv. Def Tech 40mm CS powder ferret rounds, model #1262, cost: $192.00, quantity: 8
v. Def Tech 40mm CS powder rounds, model #1292, cost:
$192.00, quantity: 8
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use:

Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.

All other applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 300 – Use of Force.
d. Expected Lifespan:
i. 40mm Launcher: No expiration
ii. 40mm Sponge Round: 5 years
iii. 40mm OC: 5 years

ITEM NO. 15.
2024 MILITARY EQUIPMENT INVENTORY
15 iv. 40mm CS powder ferret rounds: 5 years
v. 40mm CS powder: 5 years
e. Fiscal Impact:
i. 40mm Launcher: estimated between $0 and $11,473.00
annually
ii. Def Tech 40mm Direct Impact Sponge #6325: estimated between $0 and $1,710.00 annually
iii. Def Tech 40mm Direct Impact OC #6320LE: estimated
between $0 and $525.00 annually
iv. Def Tech 40mm CS powder ferret rounds, model #1262:
estimated between $0 and $192.00 annually
v. Def Tech 40mm CS powder rounds, model #1292:
estimated between $0 and $192.00 annually

ITEM NO. 15.

ORDINANCE 2329

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, STATE OF CALIFORNIA, ADDING ARTICLE III TO CHAPTER 21 TO THE TOWN CODE GOVERNING

THE USE OF MILITARY EQUIPMENT BY THE POLICE DEPARTMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, (creating Government Code Section 7070, et seq.) relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill No. 481 ("AB 481"), requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a "military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code section 7070; and WHEREAS, AB 481 allows the governing body of a Town to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, the proposed Military Equipment Use Policy is attached hereto as Exhibit "A" and incorporated herein by this reference (the "Military Equipment Use Policy"); and WHEREAS, the proposed Military Equipment Use Policy was published on the Los Gatos Police Department's internet website on March 3, 2022, more than 30 days before the Military Equipment Use Policy was considered at a public hearing before the Town Council on April 5, 2022;and
WHEREAS, the Military Equipment Use Policy meets the requirements of California Government Code section 7070, subdivision (d).

NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I: That a new Article Ill is added to Chapter 21 (entitled "Police") of the Town Code of the Town of Los Gatos to read as follows:

CHAPTER 21, ARTICLE Ill. - MILITARY EQUIPMENT USE POLICY.

Sec. 21.30.010 - Findings and Purpose.
(a) The Town Council has made the following determinations:
1 of 3
Ordinance 2329 April 29, 2022
ATTACHMENT 4

ITEM NO. 15.
(1) The military equipment inventoried and presented to the Town Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
(2) The Military Equipment Use Policy ("Policy") will safeguard the public's welfare, safety, civil rights, and civil liberties; and (3) The military equipment identified in the Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of Officer and civilian safety; and
(4) Prior military equipment use complied with the applicable Equipment Use Policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(b) The Police Department has submitted a proposed Policy to the Town Council and has made those documents available on the Police Department's website for at least 30 days prior to the public hearing concerning the military equipment at issue. (c) The Policy was considered by the Town Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(d) The Policy shall be made publicly available on the Police Department's website for as long as the military equipment is available for use.
(e) The Police Department shall submit an annual military equipment report to the Town Council, containing the information required in Government Code Section 7072, and the Town Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a}{l}-(4) above. (f) The Town Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e}{2)
(g) The Town Council approves the use of the Policy and finds that it satisfies the requirements of Government Code Section 7070{d)."
SECTION II. 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. 2 of 3
Ordinance 2329 April 29, 2022

ITEM NO. 15.

SECTION Ill. SEVERABILITY. 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 IV. EFFECTIVE DATE AND PUBLICATION. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 5th day of April 2022 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 19th day of April 2022. This ordinance takes effect 30 days after it is adopted. 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)(l).

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19th day of April 2022, by the following vote:

AYES
NAYS:

Mary Badame, Matthew Hudes, Maria Ristow, Marico Sayoc, Mayor Rob Rennie None
ABSENT: None
ABSTAINING: None
ATTEST:
��t�
TOWl\l CLERK OF THE TOWN OF LOS GATOS
LOS GA"!/
S
!
CALIF�
RNIA
DATE: ,-p)Q cx.0-;}."J.. I
Ordinance 2329
3 of 3

MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFO��IA
DA TED: 'i I ;l? 11?-d-,
April 29, 2022

ITEM NO. 15.
1 of 2
Resolution September 17, 2024
RESOLUTION _________

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, RENEWING ITS

ORDINANCE GOVERNING THE USE OF MILITARY EQUIPMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 ("AB 481 "), adding Chapter 12.8, "Funding, Acquisition and Use of Military Equipment", to Division 7 of Title 1 of the Government Code (sections 7070 - 7075), relating to the use of military equipment by California law enforcement agencies; and WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, AB 481 requires, inter alia, the Police Department submit to the Town Council an annual military equipment report for each type of military equipment approved by the Town Council; and
WHEREAS, the Town has codified its “Military Equipment Use Policy” in Chapter 21, Article III, of the Town Code; and
WHEREAS, Town Code Section 21.30.010 sets forth the standards for approval of the use of military equipment; and
WHEREAS, the Town Council shall review its Ordinance approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the Ordinance at a regular meeting; and
WHEREAS, the Town Council shall determine, based on the annual military equipment report submitted, whether each type of military equipment identified in that report has complied with the standards for approval set forth in its Ordinance; and WHEREAS, the Town Council has reviewed the annual military report submitted by the Police Department and determined the military equipment has complied with the standards for approval set forth in its Ordinance; and
NOW, THEREFORE, BE IT RESOLVED:

SECTION 1. The above recitals are true and correct and are substantial part of this resolution.

ATTACHMENT 5

ITEM NO. 15.
2 of 2
Resolution September 17, 2024
SECTION 2. The Town Council determines that the military equipment identified in the annual military equipment report complies with the standards for approval set forth in Town Code Section 21.30.010.

SECTION 3. Town of Los Gatos Ordinance No. 2329 is hereby renewed.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17
th day of September, 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. 15.