Agenda packet — Los Gatos City Council, December 17, 2024 (part 1 of 6)

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IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E. Main Street and virtually through Zoom Webinar (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom Webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.

HOW TO PARTICIPATE
The public is welcome to provide oral comments in real-time during the meeting in three ways:

Zoom Webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device. Please use this URL to join: https://losgatoscagov.zoom.us/j/82232739012?pwd=1zlbRu029_33oyBb9l3AyTZQ7D2MEQ.kN8FbuOklNsmz-Jj Passcode: 793054 You can also type in 822 3273 9012 in the “Join a Meeting” page on the Zoom website at https://zoom.us/ and use passcode 793054.

When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand.

Telephone: Please dial (877) 336-1839 for US Toll-free or (636) 651-0008 for US Toll. (Conference code: 1052180)
If you are participating by calling in, press #2 on your telephone keypad to raise your hand.

In-Person: Please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak.

NOTES: (1) Comments will be limited to three (3) minutes or less at the Mayor’s discretion. (2) If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment). All comments received will become part of the record.
(3) Deadlines to submit written comments are:
11:00 a.m. the Thursday before the Council meeting for inclusion in the agenda packet. 11:00 a.m. the Monday before the Council meeting for inclusion in an addendum. 11:00 a.m. on the day of the Council meeting for inclusion in a desk item. (4) Persons wishing to make an audio/visual presentation must submit the presentation electronically to [email protected] no later than 3:00 p.m. on the day of the Council meeting.

CALL MEETING TO ORDER

TOWN OF LOS GATOS

COUNCIL MEETING AGENDA
DECEMBER 17, 2024
110 EAST MAIN STREET AND TELECONFERENCE

TOWN COUNCIL CHAMBERS
7:00 PM
Matthew Hudes, Mayor
Rob Moore, Vice Mayor
Mary Badame, Council Member
Rob Rennie, Council Member
Maria Ristow, Council Member

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ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)).

PLEDGE OF ALLEGIANCE

PRESENTATIONS
i. Presentation of Town of Los Gatos Acceptance into the AARP Network of Age-Friendly States and Communities.

CONSENT ITEMS (Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may remove an item from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on Page 1 of this agenda. If an item is removed, the Mayor has the sole discretion to determine when the item will be heard.)

1. Approve Closed Session Minutes of the December 3, 2024 Town Council Meeting.

2. Approve the Minutes of the December 3, 2024 Town Council Meeting.

3. Adopt An Ordinance to Repeal Town Code Sections 6.120.060, 6.120.070, and 6.120.080 (All Electric Construction Requirements).

Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Repealing Section 6.120.060, “All Electric Construction Definitions,” Section 6.120.070, “Residential All Electric Construction,” and Section 6.120.080, “Nonresidential All Electric Construction” of the Town Code.

4. Adopt an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding State Mandated Density Bonuses, Pursuant to Implementation Program R of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to Government Code Sections 65915 and Following. Town Code Amendment Application A-24-005. Project Location: Town Wide. Applicant: Town of Los Gatos.

Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning,” of the Town Code to Update the Town's Density Bonus Ordinance to Reflect Changes Made in State Law.

5. Adopt an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code to Add Low Barrier Navigation Centers as a By-Right Use in Mixed-Use and Nonresidential Zones, Pursuant to Implementation Program AD of the 2023-2031 Housing Element. Adoption of

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this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to Government Code Sections 65660 - 65668. Town Code Amendment Application A-24-006. Project Location: Town Wide. Applicant: Town of Los Gatos.

Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos to Add Division 11, “Low Barrier Navigation Centers,” to Article I, “General” of Chapter 29, “Zoning Regulations,” of the Town Code.

6. Adopt a Replacement Units Ordinance Pursuant to Implementation Program AU of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to State Law. Town Code Amendment Application A-24-007. Project Location: Town Wide. Applicant: Town of Los Gatos.

Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning,” of the Town Code, to Add Division 12, “Replacement Housing Units,” to Article I, “General.”

7. Consider the Following Actions for the Property Location: 653 Blossom Hill Road. APN 529-65-002.

Adopt a Resolution Approving a Purchase and Sale Agreement for the Re-Purchase of an Affordable Housing Unit Subject to an Existing Below Market Price (BMP) First Right of Refusal Option; and
Authorize the Town Manager to Negotiate and Execute all Agreements and Documents Necessary and Appropriate to Effectuate the Preservation of the Affordable Housing Unit; and
Authorize an Expenditure Budget Adjustment in the Amount of $476,154 from Available BMP Housing In-Lieu Fee Fund to Purchase, Make Any Necessary Repairs, and Pay Any Past Due Fees and Taxes of the Property Prior to Resale; and Authorize a Revenue Budget Adjustment in the Amount of $476,154 to Redeposit the Sales Proceeds to the BMP Fund after Reselling the Unit.

8. Authorize the Town Manager to Execute a Five-Year Agreement for Services with Buringrud & Reyes Electric Inc. for Maintenance of Downtown Decorative Tree Lighting for a Total Agreement Amount Not to Exceed $304,425.

9. Adopt a Resolution to Designate the Traffic Seargent or Police Department Staff Member as Designated by the Chief of Police to the Board of Directors of the Los Gatos-Monte Sereno Safe Routes to School Organization.

10. Authorize the Town Manager to Execute a Use Agreement with California Farmers’ Markets Association for Farmers’ Market Operation Services for a Three-Year Term with Two Three-Year Options to Extend the Term.

11. Adopt Council Committee Appointments Effective January 1, 2025

12. Approve a Side Letter that Amends the Town Employees Association (TEA) Salary Schedule to Establish a New Classification Title and Salary Range for Project Analyst I/II.

13. Receive the Monthly Financial and Investment Report for October 2024.

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14. Receive Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2024, and Adopt a Resolution Confirming June 30, 2024 Fund Balances in Accordance With Fiscal Year 2023/24 Final Audit and Town Council General Fund Reserve Policy.

15. Adopt the Town of Los Gatos Community Wildfire Protection Plan (Annex 9 of the Countywide Community Wildfire Protection Plan).

16. Receive a Fiscal Year (FY) 2023/24 Status Report on Receipt and Use of Development Impact Fees.

VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda and is within the subject matter jurisdiction of the Town Council. The law generally prohibits the Town Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. In the event additional speakers were not heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.) PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)

17. Conduct a Public Hearing for Appeal of Administrative Citation VL-19-362 (16660 Cypress Way) for Violations of the Los Gatos Town Code Related to Grading and Building and Adopt a Resolution Upholding the Administrative Citation and Imposing Costs According to Proof.

18. Consider an Appeal of a Planning Commission Decision to Approve an Architecture and Site Application for Construction of a Single-Family Residence and Site Improvements Requiring a Grading Permit on Vacant Property Zoned R-1:8. Located at 15411 National Avenue. APN 424-12-140. Architecture and Site Application S-23-033. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction. Property Owners:

Vyankatesh and Ramya Muddada. Applicant: Jose Rama. Appellant: Hellen Martinez.

Project Planner: Erin Walters.

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

19. Introduce an Ordinance Amending Section 06.20.020 (Buildings and Building Regulations) to Add the Definition of Qualifying Alterations; and Consider Introducing an Ordinance Establishing Air Quality and NOx Emissions Regulations
Ordinance Titles: An Ordinance of the Town Council of the Town of Los Gatos Adding a Section 06.20.020, “Qualifying Alterations,” to Article II, “Administration Of Codes,” of Chapter 6, “Buildings And Building Regulations,” of the Town Code to Add a Definition for “Qualifying Alterations”; and An Ordinance of the Town Council of the Town of Los Gatos Adding Article V, “Air Quality” to Chapter 13, “Health and Safety” of the Town Code to Establish Air Quality and NOx Emissions Regulations, and Amending Section 29.20.720, “Administration And Enforcement” to Add the Implementation of the Air Quality

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Ordinance, and Amending Section 29.20.720 to Add Implementation to Duties of the Building Official.

20. Discuss Options for a New Annual Town Event for Fall 2025 and Provide Direction.

21. Approve a Third Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Attorney and Authorize the Mayor to Execute the Amendment; Modify the Management Salary Schedule; and Authorize a Budget Adjustment in the Amount of $22,017.61 from Available General Fund Capital/Special Projects Reserve.

22. Approve the Proposed Modifications to Town Council Policy 2-11 “Commission Appointments, Residency, and Attendance Requirements, and Establishing a Quorum” as Recommended by the Council Policy Committee.

COUNCIL / MANAGER MATTERS

CLOSED SESSION REPORT
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.)
ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354-6834.

Notification at least two (2) business days prior to the meeting date will enable the Town to make reasonable arrangements to ensure accessibility to this meeting [28 CFR §35.102-35.104].

NOTICE REGARDING SUPPLEMENTAL MATERIALS Materials related to an item on this agenda submitted to the Town Council after initial distribution of the agenda packets are available for public inspection in the Clerk’s Office at Town Hall, 110 E. Main Street, Los Gatos and on Town’s website at www.losgatosca.gov. Town Council agendas and related materials can be viewed online at https://losgatos-ca.municodemeetings.com/.

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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 12/17/2024
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, December 3, 2024
5:15 P.M.

The Town Council of the Town of Los Gatos conducted a special meeting in-person.

MEETING CALLED TO ORDER AT 5:15 P.M.

ROLL CALL

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

Absent: None.

VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
Lee Fagot
- Commented on concerns with the suit filed by Lynley Hogan and inquired about a response.

THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEMS:

1. EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957(b)(1)
Title: Town Attorney

2. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION Pursuant to Government Code 54956.9(d)(1)
Lynley Kerr Hogan vs. Rob Moore et al
Santa Clara County Superior Court Case Number: 24CV451604

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(2): 2 cases.

The Town Council reconvened in open session. The Town Council authorized the defense of two council members who have been sued by Lynley Hogan.

ADJOURNMENT
The meeting adjourned at approximately 6:45 p.m.

Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Town Clerk Chris Constantin, Town Manager

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ITEM NO. 1.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
Tuesday, December 3, 2024
7:00 P.M.

The Town Council of the Town of Los Gatos conducted a regular meeting in-person and via teleconference.

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

ROLL CALL

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

Absent: None

PLEDGE OF ALLEGIANCE
Girl Scouts Pari, Sahara, and Myra led the Pledge of Allegiance. The audience was invited to participate.

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

1. Approve the November 19, 2024, Town Council Closed Session Meeting Minutes.

2. Approve the November 19, 2024, Town Council Study Session Meeting Minutes.

3. Approve the November 19, 2024, Town Council Meeting Minutes.

4. Receive an Annual Report Regarding the Independent Police Auditor Function.

5. Adopt a Resolution Declaring Certain Hazardous Vegetation Growing in the Town of Los Gatos to be a Public Nuisance, Ordering Abatement, and Setting a Public Hearing Date of January 21, 2025, to Consider Objections for the Proposed Abatement. RESOLUTION 2024- 051

6. Adopt an Ordinance Amending Section 15.30.235 of the Town Code to Reduce the Speed Limit on Blossom Hill Road between Santa Cruz Avenue/Winchester Boulevard and Camino del Cerro. ORDINANCE 2362
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Section 15.30.235, “Establishing Speed Limits on Certain Streets,” of the Town Code Establishing Speed Limits.

7. Adopt an Ordinance to Amend Chapter 14 of the Town Code to Rescind the Existing Pushcart Ordinance and Replace It with a New Sidewalk Vending Ordinance in Compliance with State Law and Amend the Existing Peddler and Solicitor Ordinance to Exclude Sidewalk Vendors From its Provisions. ORDINANCE 2363
Ordinance Title: “An Ordinance of The Town Council of The Town of Los Gatos Amending Sections 14.40.010, ‘Definitions,’ and 14.40.015, ‘Nonapplicability,’ of Article IV, ‘Peddlers and Solicitors,’ of Chapter 14, ‘Licenses and Miscellaneous Business Regulations,’ of the

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ITEM NO. 2.

PAGE 2 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of December 3, 2024 DATE: December 3, 2024
Town Code and Replacing Article VII, ‘Pushcarts,’ of Chapter 14, ‘Licenses and Miscellaneous Business Regulations,’ with a New Article VII, ‘Sidewalk Vending.’”

8. Adopt an Ordinance to Amend Chapter 29 of the Town Code to Adjust the Permitted Size of Signs at Intersections, Clarify Regulations Applicable to Temporary Signs on Private Property, and Prohibit Temporary Signage on Public Property. ORDINANCE 2364 Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning Regulations,” Article I, “In General,” Division 3, “Signs.”

9. Authorize the Town Manager to Execute the Second Amendment to the Consulting Services Agreement with Nichols Consulting Engineers for an Extension of Time for the Shannon Road Repair Project (CIP No. 811-0008).

10. Approve an Amendment to the Joint Powers Agreement of the West Valley Clean Water Program Authority to Support the Authority’s Proposed Name Change.

11. Authorize The Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921), Completed by Villalobos and Associates Inc., and Authorize the Town Clerk to File for Recordation.

12. Authorize the Town Manager to Execute a Third Amendment to the Agreement for Consultant Services with Disability Access Consultants, LLC to Extend the Term of the Agreement from December 31, 2024, to June 30, 2025, for the Annual ADA Compliance Work Project (CIP No. 812-2013).

13. Authorize the Town Manager to Execute a Second Amendment to the Contract for Legal Services with the Law Firm of Atchison, Barisone & Condotti to Increase the Contract Amount by $100,000 in an Amount Not to Exceed $250,000 until December 31, 2025.

14. Authorize the Town Manager to Execute a Contract Amendment to the Contract for Legal Services with the Law Firm of Goldfarb & Lipman to Increase the Contract Amount in an Amount Not to Exceed $165,000.

15. Direct Staff to Exercise the Option to Purchase the Below Market Rate (BMR) Unit at 653 Blossom Hill Road and Take Necessary Steps.

Mayor Badame opened public comment.

No one spoke.

Mayor Badame closed public comment.

MOTION: Motion by Council Member Ristow to approve consent items one through fifteen.

Seconded by Council Member Moore.

VOTE: Motion passed unanimously.

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ITEM NO. 2.

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SUBJECT: Draft Minutes of the Town Council Meeting of December 3, 2024 DATE: December 3, 2024

VERBAL COMMUNICATIONS
Rob Stump
- Commented on pursuing a second point of public access for Los Gatos High School through the Los Gatos Lodge property.

Rich Stevens
- Commented concerns on the New Town development and asked clarifying questions.

Jeff Lochridge
- Commented on concerns with proposed projects and the accessibility of related information and asked clarifying questions.

Gus
- Read a passage from a book and commented on concerns with the presidential election and Lynne Avenue.

Lee Quintana
- Commented on Item 18 and requested clarification regarding the attached map; and stated concerns with the resolution in Item 19.

PUBLIC HEARINGS

16. Introduce An Ordinance to Repeal Town Code Sections 6.120.060, 6.120.070, and 6.120.080 (All Electric Construction Requirements).

Gabrielle Whelan, Town Attorney, presented the staff report.

Mayor Badame opened public comment.

Lynley
- Commented on the ability to choose and encouraged the Council to remove the requirements.

Mayor Badame closed public comment.

Council discussed the item.

MOTION: Motion by Vice Mayor Hudes to introduce an ordinance to repeal Town Code Sections 6.120.060, 6.120.070, and 6.120.080 which codify all-electric construction requirements. Seconded by Council Member Ristow.

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ITEM NO. 2.

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SUBJECT: Draft Minutes of the Town Council Meeting of December 3, 2024 DATE: December 3, 2024
VOTE: Motion passed unanimously.

17. Introduce an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding State Mandated Density Bonuses, Pursuant to Implementation Program R of the 2023-2031 Housing Element. Adoption of This Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to Government Code Sections 65915 and Following. Town Code Amendment Application A-24-005. Project Location: Town Wide.

Applicant: Town of Los Gatos.

Gabrielle Whelan, Town Attorney, presented the staff report.

Mayor Badame opened public comment.

No one spoke.

Mayor Badame closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Ristow to introduce an ordinance amending Chapter 29 (Zoning Regulations) of the Town Code regarding state mandated density bonuses, pursuant to Implementation Program R of the 2023-2031 Housing Element.

Seconded by Council Member Moore.

VOTE: Motion passed unanimously.

18. Introduce an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code to Add Low Barrier Navigation Centers as a By-Right Use in Mixed-Use and Nonresidential Zones, Pursuant to Implementation Program AD of the 2023-2031 Housing Element.

Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to Government Code Sections 65660 - 65668. Town Code Amendment Application A-24-006. Project Location: Town Wide. Applicant: Town of Los Gatos.

Gabrielle Whelan, Town Attorney, presented the staff report.

Mayor Badame opened public comment.

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ITEM NO. 2.

PAGE 5 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of December 3, 2024 DATE: December 3, 2024
No one spoke.

Mayor Badame closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Moore to introduce an ordinance amending Chapter 29 (Zoning Regulations) of the Town Code to add Low Barrier Navigation Centers as a By-Right Use in Mixed-Use and Nonresidential Zones, where multi-family uses are permitted, pursuant to Implementation Program AD of the Housing Element AMENDMENT: and Include a Section 7 be inserted [in the ordinance] to read: Sunset Clause. This ordinance will sunset on January 1, 2027, when Government Code Sections 66650-66658 are repealed or upon any earlier date if repealed earlier.

Seconded by Council Member Ristow.

The Town Attorney stated the Planning Commission had recommended adding a sunset clause so that the ordinance sunsets when the State Law requiring it sunsets and proposed that a section seven be inserted [in the ordinance] to read: Sunset Clause. This ordinance will sunset on January 1, 2027, when Government Code Sections 65660-65688 are repealed or upon any earlier date if repealed earlier.

VOTE: Motion passed 4-1. Vice Mayor Hudes voted no.

19. Introduce a Replacement Units Ordinance and Adopt a Resolution Adopting Replacement Units Guidelines, Pursuant to Implementation Program AU of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to State Law. Town Code Amendment Application A-24-007. Project Location: Town Wide. Applicant: Town of Los Gatos. RESOLUTION 2024-052 Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning,” of the Town Code, to Add Division 12, “Replacement Housing Units,” to Article I, “General.”
Gabrielle Whelan, Town Attorney, presented the staff report.

Mayor Badame opened public comment.

Carin Yamatoto
- Asked for clarification on the impact this item would have on the community.

Mayor Badame closed public comment.

Council discussed the item.

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ITEM NO. 2.

PAGE 6 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of December 3, 2024 DATE: December 3, 2024
MOTION: Motion by Council Member Moore to introduce a replacement units ordinance and adopt a resolution adopting replacement units guidelines, pursuant to Implementation Program AU of the 2023-2031 Housing Element. Seconded by Council Member Ristow.

VOTE: Motion passed unanimously.

Mayor Badame called a recess 8:02 p.m.

Mayor Badame reconvened the meeting at 8:10 p.m.

The Mayor stated she was going to reopen Item 18.

OTHER BUSINESS

20. Receive the Los Gatos-Monte Sereno Police Department Organizational Assessment Report Completed by Meliora Public Safety Consulting.

Jamie Field, Police Chief, presented the staff report.

Mayor Badame opened public comment.

Lynley
- Provided appreciative comments for the responsiveness of the Police Department.

Mayor Badame closed public comment.

Council discussed the item.

COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Ristow stated she attended the Live Oak Thanksgiving Feast, the Interfaith Thanksgiving Service; met with SummerHill representatives regarding the Los Gatos Lodge site; attended a Council Policy Committee meeting, a Finance Commission meeting as an observer; met with residents regarding a number of topics; and is looking forward to the upcoming Winter Celebration and Los Gatos Children’s Parade. - Council Member Moore stated he is starting a Young Leaders Group; attended a Rank Choice Voting Pros and Cons meeting; attended an AI (Artificial Intelligence) Luncheon sponsored by Joint Venture; attended a Los Gatos CERT (Community Emergency Response Team) meet and greet and training; and taped an episode of PodCats. - Council Member Rennie stated he met with representatives of SummerHill regarding the Los Gatos Lodge site; and attended a Silicon Valley Clean Energy Authority (SVCEA) Risk Oversight Committee meeting, and a Finance Commission meeting.

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ITEM NO. 2.

PAGE 7 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of December 3, 2024 DATE: December 3, 2024
- Vice Mayor Hudes stated he met with Supervisor Simitian and Deputy County Executive Hernandez; attended a Finance Commission meeting, participated in the Los Gatos Thrives Foundation meetings; and stated he had a great Thanksgiving with his family. - Mayor Badame stated she participated in a Silicon Valley Animal Control Authority (SVACA) Board meeting; met with Supervisor Simitian; participated in a ribbon cutting for Pedro’s; and attended a quarterly meeting with the Executive Director of the Chamber of Commerce.

Town Manager Matters
- Announced the Town is recruiting for Boards, Commissions, and Committees and the deadline to apply is 4:00 p.m. on December 9.
- Announced the Annual Winter Celebration will be held in Town Plaza Park on Friday, December 6 from 5:00 p.m. to 7:00 p.m.
- Announced a portion of North Santa Cruz Avenue will be closed from 8:45 a.m. to 3:00 p.m. for the Los Gatos Children’s Christmas Parade on Saturday, December 7.

CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session to discuss two items of anticipated litigation and one item of existing litigation. With regard to the existing litigation, the Town Council authorized the defense of two council members who have been sued by Lynley Hogan alleging a variety of violations, primarily civil rights violations.

ADJOURNMENT
The meeting adjourned at 10:10 p.m.

Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk

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ITEM NO. 2.
__________________________________________________________________________________________ Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
ITEM NO: 3
DATE: December 5, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt An Ordinance to Repeal Town Code Sections 6.120.060, 6.120.070, and

6.120.080 (All Electric Construction Requirements).

Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Repealing Section 6.120.060, “All Electric Construction Definitions,” Section

6.120.070, “Residential All Electric Construction,” and Section 6.120.080, “Nonresidential All Electric Construction” of the Town Code.

RECOMMENDATION:

Adopt an ordinance to repeal Town Code Sections 6.120.060, 6.120.070, and 6.120.080, which codify all-electric construction requirements.

BACKGROUND:

At the regular meeting of December 5, 2024, the Town Council held a public hearing to consider the introduction of an ordinance to repeal Town Code Sections 6.120.060, “All Electric Construction Definitions,” Section 6.120.070, “Residential All Electric Construction,” and Section

6.120.080, “Nonresidential All Electric Construction,” which codify all-electric construction requirements. The Town Council voted unanimously to approve the introduction of the ordinance.

This ordinance is returning to the Town Council for final adoption. The ordinance will take effect 30 days after its adoption.

COORDINATION:

The Community Development Department coordinated with the Town Attorney’s Office in the preparation of this report.

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ITEM NO. 3.

PAGE 2 OF 2
SUBJECT: Reach Code Amendments
DATE: December 5, 2024
FISCAL IMPACT:

There is no fiscal impact to the Town associated with adoption of an ordinance to rescind the all-electric construction requirements.

ENVIRONMENTAL ASSESSMENT:

Adoption of this ordinance is exempt pursuant to the “common sense” exemption in that the Town is already subject to the 9th Circuit’s ruling in the Berkeley decision and amending the Town Code to comport with that ruling will not impact the physical environment (CEQA Guidelines Section 15061(b)(3)).

Attachment:

1. Draft Ordinance repealing the Town’s all-electric construction requirements

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ITEM NO. 3.
1 of 2
Draft Ordinance Adoption Date

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING SECTION 6.120.060, “ALL ELECTRIC CONSTRUCTION DEFINITIONS,” SECTION 6.120.070, “RESIDENTIAL ALL ELECTRIC CONSTRUCTION,” AND SECTION

6.120.080, “NONRESIDENTIAL ALL ELECTRIC CONSTRUCTION” OF THE TOWN CODE WHEREAS, on November 15, 2022, the Town adopted the California Building and Fire Codes as required by state law; and
WHEREAS, as part of this adoption, the Town Council chose to address greenhouse gas emissions by approving specific amendments, known as Reach Codes, that required all new construction and qualifying major remodels to be fully electric; and WHEREAS, on January 2, 2024, the Court of Appeals ruled that all-electric ordinances are preempted by the federal Environmental Policy and Conservation Act; and WHEREAS, in July of 2024, the Restaurant Association contacted the Town regarding the Ninth Circuit ruling and requested that the Town repeal its all-electric ordinance in conformance with the decision; and
WHEREAS, in light of the Ninth Circuit decision, it is recommended that the Town Council repeal the Town’s all-electric ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Town Code Section 6.120.060, “All Electric Construction Definitions,” is repealed.

SECTION II. Town Code Section 6.120.070, “Residential All Electric Construction,” is repealed.

SECTION III. Town Code Section 6.120.080, “Nonresidential All Electric Construction” is repealed.

SECTION IV. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section ATTACHMENT 1

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irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses, or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.

SECTION V. CEQA.

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

SECTION VI. Publication.

The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.

SECTION VII. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the _____day of ____, 2024, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the _________, 2024. This ordinance takes effect 30 days after it is adopted.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
____________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

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ITEM NO. 3.

Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development 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: 12/17/2024
ITEM NO: 4
DATE: December 5, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding State Mandated Density Bonuses, Pursuant to Implementation Program R of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to Government Code Sections 65915 and Following.

Town Code Amendment Application A-24-005. Project Location: Town Wide.

Applicant: Town of Los Gatos.

RECOMMENDATION:

Adopt an ordinance amending Chapter 29 (Zoning Regulations) of the Town Code regarding State mandated density bonuses, pursuant to Implementation Program R of the 2023-2031 Housing Element.

BACKGROUND:

At the regular meeting of December 3, 2024, the Town Council held a public hearing to consider the introduction of an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding State Mandated Density Bonuses, Pursuant to Implementation Program R of the 2023-2031 Housing Element. The Town Council voted unanimously to approve the introduction of the ordinance.

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ITEM NO. 4.

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SUBJECT: Density Bonus Ordinance
DATE: December 5, 2024
This ordinance is returning to the Town Council for final adoption. The ordinance will take effect 30 days after its adoption.

COORDINATION:

This report was coordinated with the Community Development Department and the Town Attorney’s Office.

FISCAL IMPACT:

Adoption of this ordinance will not have a fiscal impact in that the Town is already required to comply with Government Code Sections 65915 and following.

ENVIRONMENTAL ASSESSMENT:

Adoption of this ordinance is subject to the “common sense” exemption from CEQA in that it can be seen with certainty that it will not impact the environment, because the Town is already subject to Government Code Sections 65915 and following.

Attachments:

1. Draft Density Bonus Ordinance

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DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING,” OF THE TOWN CODE TO UPDATE

THE TOWN'S DENSITY BONUS ORDINANCE TO REFLECT CHANGES

MADE IN STATE LAW
WHEREAS, Sections 65915 et seq. of the California Government Code, known as State Density Bonus Law, requires the Town of Los Gatos to provide a developer that proposes a housing development within the jurisdictional boundaries of the Town of Los Gatos containing affordable and other types of housing with a density bonus and other incentives; and WHEREAS, California Government Code Section 65915(a) requires that all jurisdictions within the state adopt an ordinance that specifies how compliance with State Density Bonus Law will be implemented; and
WHEREAS, since adoption of the Town’s density bonus ordinance, the State Legislature has passed, and the Governor has signed into law numerous changes to State Density Bonus Law; and
WHEREAS, the 2023-2031 Housing Element, which was adopted on June 4, 2024, and subsequently found in compliance with housing element law on July 10, 2024, by the California Department of Housing and Community Development, provides that the Town will update its density bonus ordinance to comply with State law amendments; and WHEREAS, the Planning Commission has reviewed the proposed amendments to the Town Code, has found that the proposed amendments are consistent with goals and policies of the Town’s General Plan, and recommends adoption of the proposed amendments by the Town Council; and
WHEREAS, the Town finds and determines that the proposed amendments to the Town Code are adopted pursuant to the Town’s police power authority to protect the public health, safety, and welfare.

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

SECTION I. Incorporation of Recitals.

The Town of Los Gatos Town Council finds that the above Recitals are true and correct and are incorporated herein by reference.

ATTACHMENT 1

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SECTION II. Amendments to Chapter 29 of the Town of Los Gatos Town Code.

Sections 29.10.405 through 29.10.440 of Chapter 29 of the Town of Los Gatos Town Code are repealed and replaced with a new Division 8 of Article I of Chapter 29 to read as follows:

AFFORDABLE HOUSING DENSITY BONUS
Sections

29.10.410 Purpose.

29.10.420 Definitions.

29.10.430 Application requirements.

29.10.440 Review process.

29.10.450 Density bonus agreement.

29.10.460 Density bonus calculations.

29.10.470 Development standards.

29.10.480 Density bonus for commercial development.

29.10.490 Interpretation
Sec. 29.10.410. Purpose.

In accordance with California Government Code Sections 65915, et seq., this Division specifies how compliance with State Density Bonus Law will be implemented. Specifically, the purpose of this Division is to provide density bonuses, incentives, concessions, and waivers of development standards for the production of housing for very low-, low-, and moderate-income households, senior households, provision of daycare facilities, student housing, and donations of land, and for other housing types as provided by state law. In enacting this Division, it is also the intent of the Town to implement the goals, objectives, and policies of the Town’s Housing Element of the General Plan.

Sec. 29.10.420. Definitions.

The definitions found in State Density Bonus Law shall apply to the terms contained in this Division. “Incentives” include “concessions” as defined in State Density Bonus Law.

Sec. 29.10.430. Application Requirements.
(a) An applicant for a “housing development” as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory benefits that are provided by State Density Bonus Law when the applicant seeks and agrees to provide housing as specified in Government Code Section 65915(b), (c), (f), (g), (h), and (v), or in Government Code Section 65195.5, or successor provisions. The density bonus calculations shall be made in accordance with State Density Bonus Law.
(b) The granting of a density bonus, incentive, or concession, pursuant to this Division, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a Town ordinance or

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provisions of a Town ordinance unrelated to development standards. (c) All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with and on a form provided by the Community Development Director, or their designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete consistent with Government Code Section 65943. (d) The application shall include the required fee and the following minimum information:

1. For a requested density bonus.
a. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
b. Subparagraph of Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing development is eligible for a bonus under that subparagraph.
c. Where the housing development is seeking an additional bonus, the subparagraph of Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph.
d. A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.
e. The zoning and general plan designations and assessor's parcel number(s) of the housing development site.
f. A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period; subject to any form of rent control through a public entity’s valid exercise of its police power; or subject to a recorded covenant ordinance, or law restricting rents to levels affordable to households of lower or very low income. g. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period, but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.
h. The phasing of the construction of the affordable housing units in relation to the nonrestricted units in the housing development.

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i. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code Section 65915 (g) can be met.

2. Requested incentives. Incentives are those defined by State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law. The application shall include the following minimum information for each incentive requested, shown on a site plan (if appropriate):
a. The Town of Los Gatos’s usual regulation and the requested regulatory incentive or concession.
b. Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
c. If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.

3. Requested waivers. For each waiver requested, the applicant shall include a list, and shown on a site plan (if possible), the Town’s required development standard and the requested development standard.

4. Parking reductions. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by paragraphs (2) and (3) of this subsection. The application shall include a table showing parking required by the zoning regulations, parking proposed under State Density Bonus Law, paragraph under Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction.

5. Density bonus or incentive for a childcare facility in a housing development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.

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6. Density bonus or incentive for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

Sec. 29.10.440. Application review process.
(a) All requests under State Density Bonus Law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with authority to approve the development, within the timelines prescribed by California Government Code Section 65950 et seq. or other statute. Appeals of the planning application in accordance with the requirements of Division 4 of Chapter 29 of the Town Code shall include all requests under State Density Bonus Law if appeals are authorized for the discretionary or ministerial permit applied for.
(b) To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of State Density Bonus Law, as applicable:

1. The housing development provides the housing required by State Density Bonus Law to be eligible for a density bonus and any incentives, parking reduction, or waivers requested, including housing required to replace units rented or formerly rented to very low- and low-income households as required by California Government Code Section 65915(c)(3).

2. If applicable, the housing development provides the housing required by State Density Bonus law to be eligible for an additional density bonus under Government Code Section 65915(v)(1).

3. If an incentive is requested, reasonable documentation has been presented showing that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).

4. If a waiver is requested, the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the incentives permitted.

5. The housing development is eligible for any requested parking reductions under Government Code Section 65915(p) or other statute.

6. If the density bonus is based all or in part on donation of land, the requirements of Government Code Section 65915(g) have been met.

7. If the density bonus or incentive is based all or in part on the inclusion of a child care facility or condominium conversion, the requirements included in Government Code Section 65915(h) or 65915.5, as appropriate, have been met.

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(c) The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

1. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053; or

2. The proposed incentive would be contrary to state or federal law; or

3. The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5. (d) The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

1. The proposed waiver would be contrary to state or federal law; or

2. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or

3. The proposed waiver would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5. (e) If a child care center complies with the requirements of Government Code Section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the Town already has adequate child care facilities. (f) A request for minor modification of an approved density bonus housing plan may be granted by the Town Manager, or their designee, if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan.

Sec. 29.10.450. Density bonus housing agreement.
(a) If a density bonus, incentive, parking reduction, or waiver is approved pursuant to this Division, the applicant shall enter into a binding affordable housing agreement and/or restrictive covenant, as described below, with the Town, which sets forth the conditions and guidelines to be met in the implementation of State Density Bonus Law and that ensures

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compliance with all of the provisions of this chapter. The agreement will also establish specific compliance standards and remedies available to the Town upon failure by the applicant to comply with State Density Bonus Law, this Division, or the affordable housing agreement. (b) For rental projects, the applicant shall enter into an affordable housing agreement with the Town, running with the land, in a form approved by the Town Attorney, to be executed by the Town Manager, or their designee. The agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; shall specify the eligible occupants; shall specify phasing of the affordable units in relation to the market-rate units; and shall contain other relevant provisions approved by the Town Attorney.

Rents for the lower income density bonus units shall be set at an affordable rent as defined in State Density Bonus Law.
(c) For for-sale projects, the applicant shall enter into an affordable housing agreement with the Town of Los Gatos, running with the land, in a form approved by the Town Attorney, to be executed by the Town Manager, or their designee. The affordable housing agreement shall require that, the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of lower or moderate income, as applicable, or if any for-sale unit is not purchased by an incomequalified household within one-hundred eighty (180) days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Revenue and Taxation Code Section 402.1(a)(10) to a qualified non-profit housing corporation as defined in State Density Bonus Law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and shall contain other relevant provisions approved by the Town Attorney. The Town shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it is in conflict with the requirements of another public funding source or law. The affordable housing agreement shall require the continued affordability of the for-sale units for 45 years. (d) Where a density bonus, waiver, or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the Town, running with the land, in a form approved by the Town Attorney, to be executed by the Town Manager, or their designee, to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws. (e) The executed affordable housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development, whichever is earliest. The affordable housing agreement shall be binding on all future owners and successors in interest.

Sec. 29.10.460. Density bonus calculations.
(a) In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.
(b) When calculating the number of affordable units needed to qualify for a given density

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bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.
(c) Except where a housing development is eligible for an additional bonus, pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.
(d) In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law, units added by a density bonus are not included in the calculations. Any on-site units that satisfy the Town of Los Gatos’s inclusionary housing requirements in Division 6 of Chapter 29 of the Town Code and are required to be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet the requirements of State Density Bonus Law.
(e) The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by State Density Bonus law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under State Density Bonus Law.
(f) Nothing in this Division requires the provision of direct financial incentives from the Town for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The Town, at its sole discretion, may choose to provide such direct financial incentives.

Sec. 29.10.470. Development standards.
(a) Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver, or parking reduction, so that the affordable units comprise the required percentage of total units.
(b) The external finish appearance of affordable units shall be indiscernable from that of the market rate units in the project. The internal finish of affordable units shall be identical to those of the market rate units in the project, except that the applicant may request Town approval of substitutions for luxury interior finishes, appliances, or fixtures, if such substitutions do not violate any other Town Code requirement.
(c) To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.

Sec. 29.10.480. Density bonus for commercial development.

A Commercial Development may request and receive a Development Bonus pursuant to the

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provisions of Government Code Section 65915.7.

Sec. 29.10.490. Interpretation.

If any portion of this Division conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this Division. Any ambiguities in this Division shall be interpreted to be consistent with State Density Bonus Law. Statutory references in this Division include successor provisions.

SECTION III. California Environmental Quality Act (CEQA) Considerations.

The Town Council finds that this Ordinance is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (the common sense exemption) because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, in that the ordinance merely implements the provisions of state law and includes no provisions beyond those included in State Density Bonus Law that may result in a direct or indirect impact on the physical environment.

SECTION IV. Severability.

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

SECTION V. Publication.

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

SECTION VI. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:

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COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

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ITEM NO. 4.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
ITEM NO: 5
DATE: December 5, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code to Add Low Barrier Navigation Centers as a By-Right Use in Mixed-Use and Nonresidential Zones, Pursuant to Implementation Program AD of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to Government Code Sections 65660 - 65668. Town Code Amendment Application A-24-006. Project Location: Town Wide. Applicant: Town of Los Gatos.

RECOMMENDATION:

Adopt an ordinance amending Chapter 29 (Zoning Regulations) of the Town Code to add Low Barrier Navigation Centers as a by-right use in mixed use and nonresidential zones where multifamily uses are permitted, pursuant to Implementation Program AD of the 2023-2031 Housing Element.

BACKGROUND:

At the regular meeting of December 3, 2024, the Town Council held a public hearing to consider the introduction of an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code to Add Low Barrier Navigation Centers (LBNC) as a By-Right Use in Mixed-Use and Nonresidential Zones, Pursuant to Implementation Program AD of the 2023-2031 Housing Element.

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ITEM NO. 5.

PAGE 2 OF 2
SUBJECT: Low Barrier Navigation Center Ordinance
DATE: December 5, 2024
At the meeting, it was discussed that the Planning Commission had recommended that a sunset clause be added to the ordinance so that the ordinance will cease to be in effect when the state law requiring the ordinance ceases to be in effect. Currently, the state law is set to expire on January 1, 2027. Accordingly, a corresponding sunset clause was added to the ordinance at the meeting and is reflected in the ordinance being presented for adoption.

The Town Council voted 4-1 (Vice Mayor Hudes voted no) to approve the introduction of the ordinance with the addition of a sunset clause.

This ordinance is returning to the Town Council for final adoption. The ordinance will take effect 30 days after its adoption.

COORDINATION:

This report was coordinated with the Community Development Department and the Town Attorney’s Office.

FISCAL IMPACT:

The Town does not anticipate a fiscal impact from this requirement, because the Town will adopt a fee to cover the cost of processing the planning applications.

ENVIRONMENTAL ASSESSMENT:

Adoption of this ordinance is exempt pursuant to CEQA, Section 15061(b)(3) in that it can be seen with certainty that it will not impact the environment, because the Town is already subject to Government Code Sections 65660 - 65668. State law already requires the Town to allow LNBCs as by-right uses in the specified zones so long as they meet the criteria set forth in state law.

Attachments:

1. Draft Ordinance

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DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO ADD DIVISION 11, “LOW BARRIER NAVIGATION CENTERS,” TO ARTICLE I, “GENERAL” OF CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE WHEREAS, a Low Barrier Navigation Center (LBNC) is a shelter that helps homeless individuals and families to quickly obtain permanent housing; and WHEREAS, state Assembly Bill 101 requires that an LBNC be a use by-right in areas zoned for mixed-use and nonresidential zones permitting multi-family uses if it meets specified requirements; and
WHEREAS, one of the Town’s required Housing Element Implementation Programs is adoption of an ordinance providing that LBNC’s are a use by-right in areas zoned for mixed-use and nonresidential zones permitting multi-family uses so long as the LBNC’s meet the requirements specified in state law;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Incorporation of Recitals.

The Town Council finds that the above Recitals are true and correct and are incorporated herein by reference.

SECTION II. Amendments to Chapter 29 of the Town of Los Gatos Town Code.

A Division 11, “Low Barrier Navigation Centers,” is added to Article I, “General,” of Chapter 29, “Zoning Regulations,” to read as follows:
“Division 11, Low Barrier Navigation Centers
Sections

29.10.700 Purpose.

29.10.710 Applicability.

29.10.720 Permit required.

29.10.730 Development and Operational Standards.

29.10.740 Definitions.

Section 29.10.700. Purpose.

The purpose of this Chapter is to establish development standards for low-barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with ATTACHMENT 1

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the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.

Section 29.10.710. Applicability.

The provisions of this Chapter shall apply to all low-barrier navigation center projects.

Section 29.10.720. Definitions.

Low-Barrier Navigation Centers means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

Use By-Right has the meaning defined in subdivision (i) of Section 65583.2 of the California Public Resources Code. The California Environmental Quality Act shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low-Barrier Navigation Center constructed or allowed by this Division.

Section 29.10.730. Permit Required.

A planning permit is required prior to establishment of any low-barrier navigation center project.

The permit shall be a ministerial action without discretionary review or a hearing. The Community Development Director or Designee shall notify a developer whether the developer’s application is complete within 30 days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed.

Section 29.10.740: Development and Operational Standards A low-barrier navigation center development is a use by-right in areas zoned for mixed-use and nonresidential zones permitting multi-family uses, if it meets the following requirements:

A. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

B. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section

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576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

C. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

D. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

E. Development Standards. It complies with the development standards of the underlying zoning district and any applicable objective design standards.” SECTION III. Section 29.60.085, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
“Section 29.60.085. Permitted uses.

Activities allowed in the O or office zone must be those which would not unreasonably interfere with residential uses or other activities within the O zone, and which are in the following categories:
(1) Offices, administrative, professional, medical, dental and optical laboratories associated with a professional use, real estate, insurance, stocks and bonds; and other similar offices characterized by absence of retail sales.
(2) Retail sales by a pharmacy within a medical building. (3) Group classes.
(4) Personal service businesses.
(5) Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29, Article I, Division 11.”
SECTION IV. Section 29.60.210, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
“Section 29.60.210. Permitted uses.
(a) Activities allowed in the C-1 or neighborhood commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Personal service businesses and service businesses necessary for the conduct of households.

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(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(5) Activities permitted in the LM zone which were approved on or before February 1, 1993, provided any change of use must be a conforming use in the C-1 zone. (6) Group classes.
(7) Specialty food retail without alcoholic beverages.
(8) Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29, Article I, Division 11.
(b) Examples of proper C-1 activities are grocery stores, launderettes, or dry cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the C-1 zone are vehicle service and sales, palmists and soothsayers, manufacturing, wholesaling, or laundry.”
SECTION V. Section 29.60.320, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
“Section 29.60.320. Permitted uses.
(a) Activities permitted in the C-2 or Central District Commercial Zone are those involving the conduct of commerce and general business and the sale of commodities necessary for the needs of residents and visitors of the Town, such as:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29, Article I, Division 11.
(3) Reserved.
(4) Office activities subject to subsection (c) below.
(5) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(6) Wholesaling without warehousing on the premises.
(7) Single-family and two-family uses, in conjunction with the other uses permitted in this section.
(8) Personal service businesses.
(9) Specialty food retail without alcoholic beverages.

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(b) Examples of proper C-2 activities are apparel stores, antique stores, artist studios, craft studios, auto part sales, artist supply shops, and EV sales, service, and repair. Examples of activities which are not proper in the C-2 zone are manufacturing, warehousing, laundry or dry cleaning plants.
(c) Office activities in the C-2 zone shall not be located on the ground floor along any street, alleyway, or public parking lot except in the areas described below:
(1) Lyndon Avenue;
(2) Properties abutting Wood Road;
(3) The west side of Victory Lane:
(4) The south side of Los-Gatos-Saratoga Road excluding:
a. That portion of the property located at the southwest corner of Los-Gatos Saratoga Road and Santa Cruz Avenue described more precisely as located between a straight line extended northerly along the west side right-of-way line of Santa Cruz Avenue and one hundred forty (140) feet west of that extended line. b. The south side of Los Gatos-Saratoga Road between Santa Cruz Avenue and University Avenue; and
(5) The east side of South Santa Cruz Avenue directly across the street from Wood Road. (6) The north and south side of West Main Street west of Victory Lane. (7) Tenant suites located at 114 Royce Street with entries at the rear of the building and that do not have street frontage.
(d) Notwithstanding subsection (c), office activities on ground floors described below shall be considered conforming and shall be allowed to continue so long as the office use is not discontinued for one hundred and eighty (180) consecutive days. If the office use is discontinued for such a period, then the office use shall not be resumed, and token use shall not toll or interrupt a period of discontinuance.
(1) Office activities existing on June 17, 1991; or
(2) Office activities in a building under construction on July 16, 1990, if the applicable architecture and site approval specifically stated that the building was approved for office activities.”
SECTION VI. Section 29.60.420, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
“Section 29.60.420. Permitted uses.

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(a) Activities allowed in the CH or restricted highway commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer.
(5) Group classes.
(6) Specialty food retail without alcoholic beverages.
(7) Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29, Article I, Division 11.
(b) Examples of proper CH activities are grocery stores, launderettes or dry-cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the CH zone are palmists and soothsayers, manufacturing, wholesaling, or laundry or dry-cleaning plants.”
SECTION VII. Sunset Clause.

This Ordinance will remain in effect only until January 1, 2027, or until state Government Code Sections 65660-65668 are repealed, whichever is earlier.

SECTION VIII. Severability.

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

SECTION IX. California Environmental Quality Act (CEQA) Considerations.

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state law and includes no provisions beyond those included in state law that may result in a direct or indirect impact on the physical environment.

SECTION X. Publication.

SECTION XI. Effective Date.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN: SIGNED:
______________________________
ATTEST: MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

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ITEM NO. 5.

Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
ITEM NO: 6
DATE: December 5, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt a Replacement Units Ordinance Pursuant to Implementation Program AU of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to State Law. Town Code Amendment Application A-24-007. Project Location:

Town Wide. Applicant: Town of Los Gatos.

Adopt a Replacement Units Ordinance to amend Chapter 29 (Zoning Regulations) of the Town Code by adding Division 12 “Replacement Housing Units” pursuant to implementation Program AU of the 2023-2031 Housing Element.

BACKGROUND:

At the regular meeting of December 3, 2024, the Town Council held a public hearing to consider the introduction of a Replacement Units Ordinance Pursuant to Implementation Program AU of the 2023-2031 Housing Element to amend Chapter 29 of the Town Code. The amendments would ensure that when housing units are removed by a development project, the housing units are replaced. The Town Council voted unanimously to approve the introduction of the ordinance.

This ordinance is returning to the Town Council for final adoption. The ordinance will take effect 30 days after its adoption.

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ITEM NO. 6.

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SUBJECT: Replacement Units Ordinance
DATE: December 5, 2024
COORDINATION:

This report was coordinated with the Community Development Department and the Town Attorney’s Office.

ENVIRONMENTAL ASSESSMENT:

Adoption of this ordinance is exempt pursuant to CEQA, Section 15061(b)(3) in that it can be seen with certainty that it will not impact the environment because the Town is already subject to state law.

Attachments:

1. Draft Ordinance Codifying Replacement Units Requirement

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DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWNOF LOS GATOS AMENDING CHAPTER 29, “ZONING,” OF THE TOWN CODE, TO ADD DIVISION 12, “REPLACEMENT HOUSING UNITS,” TO ARTICLE I, “GENERAL”
WHEREAS, Program AU of the Town’s certified Housing Element requires that the Town adopt requirements for replacement housing units when housing units are removed from the Town’s inventory; and
WHEREAS, these requirements mirror existing state law; and WHEREAS, state law provides that the replacement unit requirements can be adopted by either ordinance or resolution; and
WHEREAS, staff recommends that the replacement unit requirements be adopted by ordinance in order to ensure eligibility for state grants; and WHEREAS, staff also recommends the adoption of replacement unit guidelines by resolution;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Incorporation of Recitals.

The Town of Los Gatos Town Council finds that the above Recitals are true and correct and are incorporated herein by reference.

SECTION II. Division 12, “Replacement Housing Units,” is added to Article I, “General,” of Chapter 29, “Zoning Regulations,” to read as follows:
“Division 12, Replacement Housing Units
Sec. 29.10.800. Replacement Unit Requirements.
(a) Replacement housing requirements are established by State Density Bonus Law [Government Code Section 65915(c)(3)]; Housing Element Law [Government Code Section 65583.2(g)(3)], and the Housing Crisis Act of 2019 (Government Code Sections 66300.5 – 66300.6), collectively State Replacement Housing Law.
(b) The Town shall not approve or issue a discretionary or ministerial permit for any development project unless the development project meets all of the requirements of State Replacement Housing Law. (c) The Town Council may adopt by resolution Guidelines to implement State Replacement Housing Requirements.
(d) If any section of this chapter conflicts with State Replacement Housing Law or other applicable state law, state law shall supersede this chapter. References to state statutes, codes, or regulations include successor provisions and new provisions containing replacement housing requirements.” ATTACHMENT 1

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SECTION III. California Environmental Quality Act (CEQA) Considerations.

SECTION IV. Severability.

SECTION V. Publication.

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

SECTION VI. Effective Date.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTACHMENT 1

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ITEM NO. 6.

Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
ITEM NO: 7
DATE: December 10, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Consider the Following Actions for the Property Location: 653 Blossom Hill Road. APN 529-65-002.
a. Adopt a Resolution Approving a Purchase and Sale Agreement for the RePurchase of an Affordable Housing Unit Subject to an Existing Below Market Price (BMP) First Right of Refusal Option; and
b. Authorize the Town Manager to Negotiate and Execute all Agreements and Documents Necessary and Appropriate to Effectuate the Preservation of the Affordable Housing Unit; and
c. Authorize an Expenditure Budget Adjustment in the Amount of $476,154 from Available BMP Housing In-Lieu Fee Fund to Purchase, Make Any Necessary Repairs, and Pay Any Past Due Fees and Taxes of the Property Prior to Resale; and
d. Authorize a Revenue Budget Adjustment in the Amount of $476,154 to Redeposit the Sales Proceeds to the BMP Fund after Reselling the Unit RECOMMENDATION:

Authorize the following actions for the property located at 653 Blossom Hill Road:
a. Adopt a Resolution (Attachment 1) approving a Purchase and Sale Agreement in substantially the form presented for the re-purchase of an affordable housing unit subject to an existing Below Market Price (BMP) First Right of Refusal Option for property located at 653 Blossom Hill Road (APN 529-65-002),
b. Authorize the Town Manager to negotiate and execute all agreements and documents necessary to preserve the affordable housing unit,
c. Authorize an expenditure budget adjustment in the amount of $476,154 from available BMP Housing In-Lieu Fee Fund to purchase, make any necessary repairs, and pay past due fees and taxes of the property prior to resale, and
d. Authorize a revenue budget adjustment in the amount of $476,154 to redeposit the sales proceeds to the BMP Fund after reselling the unit.

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ITEM NO. 7.

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SUBJECT: Adopt a Resolution Approving the Purchase and Sale Agreement for 653 Blossom Hill Road
DATE: November 20, 2024
BACKGROUND:

The property, 653 Blossom Hill Road, is a 3-bedroom 3-bath townhome within the Town’s BMP Housing Program inventory. The property is subject to an existing first right of refusal option in a Deed Restriction recorded on February 13, 2014. The unit was purchased for $402,100.00.

The Town has received a Notice of Default from the owner’s lender. Pursuant to the recorded Deed Restriction (Attachment 2), the Town is obligated to exercise its purchase option within 90 days of receiving a Notice of Default. The Town is obligated to open an escrow account within 90 days of exercising its option to purchase.

The Town’s purchase price is dictated by the recorded Deed Restriction. Pursuant to the terms of the proposed purchase and sale agreement, the Town will expend approximately $476,154 from the BMP Housing In-Lieu Fund to purchase this unit. Any repairs, past due fees, or taxes paid by the Town will be deducted from the purchase price. If the Town identifies an eligible purchaser before escrow is opened, the Town will assign its option to purchase directly to the eligible purchaser. If an eligible purchaser is not identified, after the Town has purchased the unit, the Town will sell the unit to a new income-qualified buyer at the allowable purchase price, which is anticipated to be approximately $476,154.

The property owner has informed the Town that she has filed for Chapter 13 bankruptcy. Staff and outside counsel are currently researching the ramifications of that on the Town’s exercise of its purchase option and will report back to the Town Council. In the interim, staff is recommending that the Town Council authorize staff to execute the purchase and sale agreement in substantially the form presented, in addition to any other documents required for closing, at the appropriate time.

CONCLUSION AND RECOMMENDATION:

Authorizing the Town’s purchase of the unit will preserve the unit in the Town’s stock of affordable housing. Staff recommends that the Town Council adopt the prepared resolution (Attachment 1) and authorize the Town Manager to execute a real property purchase and sale agreement in substantially the form attached (Attachment 3).

COORDINATION:

The Town Attorney’s Office, Community Development Department, Finance Department, and Town Manager’s Office coordinated this report.

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ITEM NO. 7.

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SUBJECT: Adopt a Resolution Approving the Purchase and Sale Agreement for 653 Blossom Hill Road
DATE: November 20, 2024
FISCAL IMPACT:

The cost for the Town to repurchase the unit is $476,154. An expenditure budget adjustment in the amount of $476,154 will be needed from the available BMP Housing In-Lieu Fee Fund to purchase the unit, pay for repairs, and pay past due fees and property taxes. The cost of any repairs, past due fees, and past due property taxes totaling will be deducted from the proceeds due to the seller. After the unit has been sold to an eligible buyer, the sales proceeds will be redeposited to the BMP Housing In-Lieu Fee Fund.

ENVIRONMENTAL ASSESSMENT:

The proposed real property purchase is not a project defined under CEQA, and no further action is required.

Attachments:

1. Draft Resolution

2. Recorded Deed Restriction

3. Draft Purchase and Sale Agreement/Addendum

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ITEM NO. 7.
1 of 2
Draft Resolution Adoption Date

DRAFT RESOLUTION

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

APPROVING A PURCHASE AND SALE AGREEMENT FOR THE PURCHASE OF AN

AFFORDABLE HOUSING UNIT SUBJECT TO AN EXISTING BELOW MARKET PRICE (BMP) FIRST RIGHT OF REFUSAL OPTION FOR PROPERTY LOCATED AT 653 BLOSSOM HILL ROAD (APN 529-65-002) AND AUTHORIZING THE TOWN MANAGER

TO NEGOTIATE AND EXECUTE ALL AGREEMENTS AND DOCUMENTS NECESSARY TO

PRESERVE THE AFFORDABLE HOUSING UNIT
WHEREAS, the Town of Los Gatos Zoning Ordinance (Sections 29.10.3000 through

23.10.2040) establishes a Below Market Price (BMP) Housing Program to assist low and moderate income citizens in the purchase homes at prices below market value; WHEREAS, the residential unit located at 653 Blossom Hill Road (the “BMP Unit”) was purchased by the property owner through the BMP Housing Program for a reduced sales price affordable to lower income households;
WHEREAS, the BMP Housing Program requires as a condition of participation that a Deed Restriction with a First Right of Refusal Option for the Town to able to repurchase units at a future designated sales price to be recorded on the title record of BMP units; and WHEREAS, the BMP Unit is subject to a recorded Deed Restriction with Option to Purchase in the event the Town receives a Notice of Default; WHEREAS, the Town has received a Notice of Default, has exercised its Option to Purchase, and wishes to purchase the BMP Unit for the designated sales price of $476,154.00 so that the BMP Unit can be preserved within the Town’s BMP program and resold to an income-qualified buyer; and
WHEREAS, this resolution provides for the acquisition of this BMP Unit by the Town of Los Gatos and authorizes the Town Manager to negotiate and execute all agreements and documents necessary to preserve the BMP Unit.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos approves the Purchase and Sale Agreement in substantially the form presented for the purchase of the BMP Unit and authorizes the Town Manager to negotiate and execute all agreements and documents necessary to preserve the BMP Unit. ATTACHMENT 1

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ITEM NO. 7.
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Draft Resolution Adoption Date
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th day of December, 2024, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
________________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

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Buyer’s Initials _______ Seller’s Initials _______

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RESIDENTIAL REAL ESTATE PURCHASE AGREEMENT
This Real Estate Purchase Agreement (“Agreement”) made on TBD /2024, (“Effective Date”) between:

Town of Los Gatos (“Buyer”) with a mailing address of:
110 E Main Street, Town of Los Gatos, State of California who agrees to buy AND
(“Seller”) with a mailing address of:
653 Blossom Hill Road, Town of Los Gatos, State of California, who agrees to sell and convey real and personal property as described below. Buyer and Seller, each individually, a “Party” and collectively. the “Parties.”

1. Legal Description. That certain real property located at 653 Blossom Hill Road, Los Gatos, CA 95032, as more particularly described on Exhibit A, attached to this Agreement, together with all improvements, fixtures, appurtenances, easements, and rights belonging or relating thereto (the “Property”). The Property is a Below Market Rate (“BMR”) single family residence.

Street Address: 653 Blossom Hill Road, Los Gatos, CA 95032 Tax Parcel Information or Assessor’s Parcel No: 529-65-002 Other Description: See Preliminary Title Report

2. Personal Property. In addition to the real property described in Section 1, the Seller shall include no personal property.

3. Purchase Price and Terms. The Buyer agrees to purchase the Property by payment of $476,154.00 (Four Hundred and Seventy-Six Thousand One Hundred and Fifty-Four Dollars) as follows: (check one)
☒ - All Cash Offer. No loan or financing of any kind is required in order to purchase the Property.
☐ - Bank Financing. The Buyer’s ability to purchase the Property is contingent upon the Buyer’s ability to obtain financing under the following conditions: (check one) ☐ - Conventional Loan
☐ - Other: BEGIN Down Payment Assistance Loan
ATTACHMENT 3

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ITEM NO. 7.

Buyer’s Initials ______ / ______ Seller’s Initials ______ / ______

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4. Earnest Money. After acceptance by all Parties, the Buyer agrees to make a payment in the amount of $0.00 as consideration by N/A at 5:00 ☐ AM ☒ PM (“Earnest Money”).

The Earnest Money shall be applied to the Purchase Price at Closing and subject to the Buyer’s ability to perform under the terms of this Agreement. Any Earnest Money accepted ☒ is ☐ is not required to be placed in a separate trust or escrow account in accordance with State law.

5. Sale of Another Property. Buyer’s performance under this Agreement shall not be contingent upon selling another property.

6. Closing Costs. The costs attributed to the Closing of the Property shall be the responsibility the Buyer and the Seller as assigned per custom in Santa Clara County and as indicated in the attached net sheet. The fees and costs related to the Closing shall include but not be limited to a title search (including the abstract and any owner’s title policy), preparation of the deed, transfer taxes, recording fees, and any other costs by the title company that is in standard procedure with conducting the sale of a property.

7. Funds at Closing. Buyer and Seller agree that before the recording can take place, funds provided shall be in one (1) of the following forms: cash, interbank electronic transfer, money order, certified check or cashier’s check drawn on a financial institution located in the State, or any above combination that permits the Seller to convert the deposit to cash no later than the next business day.

8. Close of Escrow. This transaction shall be closed on TBD at 5:00 ☐ AM ☒ PM or earlier at the office of a title company to be agreed upon by the Parties (“Closing”). Any extension of the Closing must be agreed upon, in writing, by Buyer and Seller. Real estate taxes, rents, dues, fees, and expenses relating to the Property for the year in which the sale is closed shall be prorated as of the Closing. Taxes due for prior years shall be paid by Seller. “Close of Escrow”, including “COE”, means the date the grant deed, or other evidence of transfer of title is recorded Buyer’s Initials ______ / ______ Seller’s Initials ______ / ______

9. Prorations of Property Taxes and Other Items: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow.

Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: for periods after Close of Escrow, by Buyer; and for periods prior to Close of Escrow, by Seller
Buyer’s Initials ______ / ______ Seller’s Initials ______ / ______

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Buyer’s Initials ______ / ______ Seller’s Initials ______ / ______

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10. Mineral Rights. It is agreed and understood that all rights under the soil, including but not limited to water, gas, oil, and mineral rights shall be transferred by the Seller to the Buyer at Closing.

11. Title. Seller shall convey title to the property by warranty deed or equivalent. The Property may be subject to restrictions contained on the plat, deed, covenants, conditions, and restrictions, or other documents noted in a Title Search Report. Upon execution of this Agreement by the Parties, Seller will, at the shared expense of both Buyer and Seller, order a Title Search Report and have delivered to the Buyer.

Upon receipt of the Title Search Report, the Buyer shall have 10 business days to notify the Seller, in writing, of any matters disclosed in the report which are unacceptable to Buyer. Buyer’s failure to timely object to the report shall constitute acceptance of the Title Search Report.

If any objections are made by Buyer regarding the Title Search Report, mortgage loan inspection, or other information that discloses a material defect, the Seller shall have 20 business days from the date the objections were received to correct said matters. If Seller does not remedy any defect discovered by the Title Search Report, Buyer shall have the option of canceling this Agreement, in which case the Earnest Money shall be returned to Buyer.

After Closing, Buyer shall receive an owner’s standard form policy of title insurance insuring marketable title in the Property to Buyer in the amount of the Purchase Price, free and clear of the objections and all other title exceptions agreed to be removed as part of this transaction.

12. Property Condition. Seller agrees to maintain the Property in its current condition, subject to ordinary wear and tear, from the time this Agreement comes into effect until the Closing. The Property is sold “AS-IS” in its PRESENT physical condition as of the date of Acceptance and subject to Buyer's Investigation rights; the Property, including pool, spa, landscaping, and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and all debris and personal property not included in the sale shall be removed by Close of Escrow, vacant, and in “broom clean” condition Therefore, Buyer shall hold the right to hire licensed contractors, or other qualified professionals, to further inspect and investigate the Property until TBD at 5:00 ☐ AM ☒ PM or Sooner. If the Buyer fails to have the Property inspected or does not provide the Seller with written notice of the new disclosures on the Property, in accordance with this Agreement, Buyer hereby accepts the Property in its current condition and as described in any disclosure forms presented by the Seller. In the event improvements on the Property are destroyed, compromised, or materially damaged prior to Closing, the Agreement may be terminated at Buyer’s option. In the event that Seller does not correct any deferred maintenance disclosed pursuant to the Bid for Repairs prior to TBD,

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ITEM NO. 7.

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the Purchase Price shall be reduced by the cost to repair such deferred maintenance pursuant to the Bid for Repairs.

Buyer’s Initials ______ / ______ Seller’s Initials ______ / ______

13. Seller’s Indemnification. Except as otherwise stated in this Agreement, after recording, the Buyer shall accept the Property AS IS, WHERE IS, with all defects, latent or otherwise. Seller shall not be bound to any representation or warranty of any kind relating in any way to the Property or its condition, quality or quantity, except as specifically set forth in this Agreement or any property disclosure, which contains representations of the Seller only, and which is based upon the best of the Seller’s personal knowledge.

Buyer’s Initials ______ / ______ Seller’s Initials ______ / ______

14. Appraisal. Buyer’s performance under this Agreement shall not be contingent upon the appraisal of the Property being equal to or greater than the agreed upon Purchase Price.

15. Required Documents. Prior to the Closing, the Parties agree to authorize all necessary documents, in good faith, in order to record the transaction under the conditions required by the recorder, title company, lender, or any other public or private entity.

16. Termination. In the event this Agreement is terminated, as provided in this Agreement, absent of default, any Earnest Money shall be returned to the Buyer, in-full, within 3 business days with all parties being relieved of their obligations as set forth herein.

17. Sex Offenders. Section 2250 of Title 18, United States Code, makes it a federal offense for sex offenders required to register pursuant to the Sex Offender Registration and Notification Act (SORNA), to knowingly fail to register or update a registration as required. State convicted sex offenders may also be prosecuted under this statute if the sex offender knowingly fails to register or update a registration as required, and engages in interstate travel, foreign travel, or enters, leaves, or resides on an Indian reservation.

A sex offender who fails to properly register may face fines and up to ten (10) years in prison. Furthermore, if a sex offender knowingly fails to update or register as required and commits a violent federal crime, he or she may face up to thirty (30) years in prison under this statute. The Buyer may seek more information online by visiting https://www.nsopw.gov/.

18. Time. Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are intended by the Parties as a final, complete, and exclusive

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expression of their Agreement with respect to its subject matter and they may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement.

19. Buyer’s Default. Seller’s remedies shall be limited to liquidated damages in the amount of the Earnest Money set forth in Section IV. It is agreed that such payments and things of value are liquidated damages and are Seller’s sole and only remedy for Buyer’s failure to perform the obligations of this Agreement. The Parties agree that Seller’s actual damages in the event of Buyer’s default would be difficult to measure, and the amount of the liquidated damages herein provided for is a reasonable estimate of such damages.

20. Seller’s Default. Buyer may elect to treat this Agreement as cancelled, in which case all Earnest Money paid by Buyer hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Agreement as being in full force and effect and Buyer shall have the right to specific performance or damages, or both.

21. Earnest Money Dispute. Notwithstanding any termination of this Agreement, the Parties agree that in the event of any controversy regarding the release of the Earnest Money that the matter shall be submitted to mediation as provided in Section 4.

22. Dispute Resolution. Buyer and Seller agree to mediate any dispute or claim arising out of this Agreement, or in any resulting transaction, before resorting to arbitration or court action.
a.) Mediation. If a dispute arises, between or among the Parties, and it is not resolved prior to or after recording, the Parties shall first proceed in good faith to submit the matter to mediation. Costs related to mediation shall be mutually shared between or among the Parties. Unless otherwise agreed in mediation, the Parties retain their rights to proceed to arbitration or litigation. b.) Exclusions. The following matters shall be excluded from the mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed, mortgage or installment land sale contract as defined in accordance with State law; (ii) an unlawful detainer action, forcible entry detainer, eviction action, or equivalent; (iii) the filing or enforcement of a mechanic’s lien; and (iv) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver or violation of the mediation and arbitration provisions of this Section.

23. Governing Law. This Agreement shall be interpreted in accordance with the laws in the State of CA.

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24. Terms and Conditions of Offer. This is an offer to purchase the Property in accordance with the above stated terms and conditions of this Agreement. This Agreement and any supplement, addendum, or modification, including any copy, may be signed in two or more counterparts, all of which shall constitute one and the same writing.

25. Binding Effect. This Agreement shall be for the benefit of, and be binding upon, the Parties, their heirs, successors, legal representatives, and assigns, which therefore, constitutes the entire agreement between the Parties. No modification of this Agreement shall be binding unless signed by both Buyer and Seller.

26. Severability. In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.

27. Acceptance. Seller warrants that Seller is the owner of the Property or has the authority to execute this Agreement. Therefore, by the Seller’s authorization below, he/she/they accepts the above offer and agrees to sell the Property on the above terms and conditions.

Delivery may be in any of the following: (i) hand delivery; (ii) email under the condition that the party transmitting the email receives electronic confirmation that the email was received to the intended recipient; and (iii) by facsimile to the other party or the other party’s licensee, but only if the transmitting fax machine prints a confirmation that the transmission was successful.

28. Licensed Real Estate Agent(s). Buyer or Seller each represent that neither party has hired their services of licensed real estate agent(s) to perform representation on their behalf. And no real estate agent shall be entitled to payment for their services.

29. Disclosures. It is acknowledged by the Parties that: (check one) ☐ - There are no attached addendums or disclosures to this Agreement. ☐ - The following addendums or disclosures are attached to this Agreement:
☐ - Lead-Based Paint Disclosure Form
☐ - California Megan’s Law
☒ - Natural and Environmental Hazard Disclosures (NHD)
☐ - California Transfer Disclosure Statement

30. Additional Terms and Conditions

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ITEM NO. 7.

Buyer’s Initials ______ / ______ Seller’s Initials ______ / ______

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☐ -
☐ - _______________________________________________________________

31. Entire Agreement. This Agreement together with any attached addendums or disclosures shall supersede any and all other prior understandings and agreements, either oral or in writing, between the parties with respect to the subject matter hereof and shall constitute the sole and only agreements between the parties with respect to the said Property. All prior negotiations and agreements between the parties with respect to the Property hereof are merged into this Agreement. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or by anyone acting on behalf of any party, which are not embodied in this Agreement and that any agreement, statement or promise that is not contained in this Agreement shall not be valid or binding or of any force or effect.
[Signatures on Following Page]

32. Signature
Date: ____________________ _________________________________ Seller’s Signature

_________________________________

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Date: ____________________ _________________________________ Seller’s Signature

_________________________________
Print Name
Date: ____________________ _________________________________ Buyer’s Signature
_________________________________
Print Name
Date: ____________________ _________________________________ Buyer’s Signature

_________________________________
Print Name

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ITEM NO. 7.

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EXHIBIT A

LEGAL DESCRIPTION
Real property in the Town of Los Gatos, County of Santa Clara, State of California, described as follows:

PARCEL ONE:

LOT 2 OF TRACT NO. 10129, FILED FOR RECORD ON DECEMBER 14, 2012 IN BOOK 858 OF MAPS AT PAGE 1-6, INCLUSIVE, IN THE SANTA CLARA COUNTY RECORDS.

EXCEPTING THEREFROM ALL THAT INTEREST CONVEYED TO DRH ENERGY, INC., A COLORADO CORPORATION BY DOCUMENT RECORDED SEPTEMBER 10, 2013 AS INSTRUMENT NO. 22381783 OF OFFICIAL RECORDS, SAID INTEREST IS FURTHER DESCRIBED AS FOLLOWS:

A. ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO

ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR

GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE PROPERTY, (VI) WATER RIGHTS AND

CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES") LOCATED IN OR UNDER THAT CERTAIN REAL PROPERTY

SITUATED IN THE CITY OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN (THE "PROPERTY"), TO THE EXTENT SUCH SUBSURFACE RESOURCES HAVE NOT BEEN PREVIOUSLY RESERVED; AND B. THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND

REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING WITHOUT

LIMITATION THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER

THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE

OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,

TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO

REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES,

BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY

OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY.

PARCEL TWO:

A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR ACCESS, INGRESS AND

EGRESS, OVER, IN, TO, AND THROUGH THE ASSOCATION PROPERTY AS DESCRIBED IN THE

DECLARATION AND/OR SUPPLEMENTARY DECLARATION(S) RECORDED PURSUANT TO THE

DECLARATION, SUBJECT TO THE LIMITATIONS SET FORTH THEREIN, WHICH EASEMENT IS APPURTENANT TO THE LOT DESCRIBED IN PARCEL ONE ABOVE AND IS GRANTED SUBJECT TO:

A. EACH EASEMENT AND ALL OTHER RESERVATIONS SET FORTH IN THE DECLARATION; B. THE EASEMENT AND OTHER RIGHTS RESERVED IN THE DECLARATION IN FAVOR OF GRANTOR FOR MARKETING AND DEVELOPMENT, INCLUDING WITHOUT LIMITATION GRANTOR’S RIGHT OF ACCESS,

INGRESS AND EGRESS FOR VISITORS TO THE SALES OFFICE AND MARKETING UNITS AND THE RIGHT TO MAINTAIN SIGNS OR OTHER MARKETING MATERIALS WITHIN THE ASSOCIATION PROPERTY.

C. GRANTOR’S EASEMENT FOR INGRESS AND EGRESS, IN, ON OVER, THROUGH AND ACROSS THE ASSOCIATION PROPERTY TO PERMIT GRANTOR TO INSTALL IMPROVEMENTS THEREON; AND D. GRANTOR’S RIGHT TO PREVENT ACCESS OVER PORTIONS OF THE ASSOCIATION PROPERTY BY

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ITEM NO. 7.

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PLACING A CONSTRUCTION FENCE OR OTHER BARRIER THEREON PRIOR TO COMPLETION OF

CONSTRUCTION OF ALL IMPROVEMENTS WITHIN THE PROJECT, PROVIDED THAT GRANTEE HAS AT

LEAST ONE ROUTE OF ACCESS BETWEEN THE LOT DESCRIBED IN PARCEL ONE ABOVE AND A PUBLIC STREET.

PARCEL THREE:

NON-EXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR ACCESS, INGRESS AND EGRESS AND

UTILITY PURPOSES AS DESCRIBED AND SUBJECT TO THE LIMITATIONS SET FORTH IN THE CERTAIN

DECLARATION OF COVENANTS AND RESTRICTIONS AND GRANT OF ACCESS EASEMENTS RIGHTS RECORDED SEPTEMBER 6, 2013 AS DOCUMENT NO. 22376130 AND RE-RECORDED OCTOBER 11, 2013 AS DOCUMENT NO. 22412867, IN THE OFFICIAL RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, AND ANY AMENDMENTS THERETO ("ACCESS DECLARATION")
PARCEL FOUR:

A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND MOTOR VEHICLE, INGRESS AND EGRESS OVER AND ACROSS THE “DRIVEWAY AREAS” WITHIN LOTS A AND B OF TRACT NO. 10129, FILED FOR RECORD ON DECEMBER 14, 2012 IN BOOK 858, AT PAGES 1 THROUGH 6, INCLUSIVE, IN THE SANTA

CLARA COUNTY RECORDS, AS DESCRIBED IN AND SUBJECT TO THE PROVISIONS OF THAT CERTAIN DECLARATION OF COVENANTS AND RESTRICTIONS FOR EASEMENT AGREEMENT RECORDED MAY 1, 2013 AS INSTRUMENT NO. 22200479, IN THE OFFICIAL RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, AND ANY AMENDMENTS THERETO (“SHARED USE DECLARATION”). (“DRIVEWAY AREAS” IS DEFINED IN THE SHARED USE DECLARATION.)
PARCEL FIVE:

A NON-EXCLUSIVE EASEMENT FOR CONNECTION TO AND USE OF THE “STORM DRAIN IMPROVEMENTS” WITHIN THE PORTION OF LOT A OF TRACT NO. 10129 FILED FOR RECORD ON DECEMBER 14, 2012 IN BOOK 858, AT PAGES 1 THROUGH 6, INCLUSIVE, IN THE SANTA CLARA COUNTY RECORDS, DEFINED IN THE SHARED USE DECLARATION AS THE “STORM DRAIN EASEMENT AREA” AS DESCRIBED IN AND SUBJECT TO THE PROVISIONS OF THE SHARED USE DECLARATION AS THE “STORM DRAIN EASEMENT AREA”, AS DESCRIBED IN AND SUBJECT TO THE PROVISIONS OF THE SHARED USE DECLARATION. (“STORM DRAIN IMPROVEMENTS” IS DEFINED IN THE SHARED USE DECLARATION.)
PARCEL SIX:

A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS BY PEDESTRIANS AND FOR THE PASSIVE USE FOR RECREATIONAL PURPOSES OVER AND ACROSS THE PORTION OF LOT 26 OF TRACT NO. 10129, FILED FOR RECORD ON DECEMBER 14, 2012, IN BOOK 858, AT PAGES 1 THROUGH 6, INCLUSIVE, IN THE SANTA CLARA COUNTY RECORDS, DESCRIBED ON EXHIBIT “D” TO THE SHARED

USE DECLARATION, AS DESCRIBED IN AND SUBJECT TO THE PROVISIONS OF THE SHARED USE DECLARATION.

PARCEL SEVEN:

A NON-EXCLUSIVE EASEMENT OVER, UNDER AND THROUGH LOTS 1 THROUGH 9 OF TRACT NO. 10129, FILED FOR RECORD ON DECEMBER 14, 2012, IN BOOK 858, AT PAGES 1 THROUGH 6, INCLUSIVE, IN

THE SANTA CLARA COUNTY RECORDS, EXCLUDING THE LOT CONVEYED HEREBY FOR DRAINAGE

THROUGH CROSS-LOT DRAINAGE FACILITIES DESCRIBED IN, AND SUBJECT TO THE PROVISIONS OF THE SUPPLEMENTARY DECLARATION.

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ITEM NO. 7.

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ITEM NO. 7.

Escrow Officer: Erica Limones

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ITEM NO. 7.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
ITEM NO: 8
DATE: December 12, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Five-Year Agreement for Services with Buringrud & Reyes Electric Inc. for Maintenance of Downtown Decorative Tree Lighting for a Total Agreement Amount Not to Exceed $304,425.

RECOMMENDATION:

Authorize the Town Manager to execute five-year Agreement for Services with Buringrud & Reyes Electric Inc. for maintenance of downtown decorative tree lighting for a total agreement amount not to exceed $304,425.

BACKGROUND:

For several years, the Town of Los Gatos has contracted electrical services to maintain the decorative lighting on 170 trees in the downtown area, as well as for the annual lighting inspection and repairs of the large holiday tree in Plaza Park. The tree lights require weekly inspections and repairs to ensure they remain fully illuminated year-round. The holiday tree requires annual inspection, troubleshooting, and repairs.

Currently, partial light string and electrical component replacements are needed in many of the trees; staff has identified 60 trees that require new lights and approximately 150 hours of extra work is needed to address more complex repairs. The structure of this agreement is based on a repair proposal estimating $139,000 needed for the downtown lighting repairs and the history of repairs with our past electrical on-call contractor. With this agreement, a portion of these repairs can be addressed in the first half year, and ongoing maintenance and repair can continue each year.

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ITEM NO. 8.

PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Five-Year Agreement for Services with Buringrud & Reyes Electric Inc.

DATE: November 29, 2024
DISCUSSION:

The previous agreement expired on June 30, 2024. Three companies attended a mandatory walkthrough, resulting in qualified proposals received on November 27, 2024. Buringrud & Reyes Electric Inc. submitted the lowest responsible proposal.

The proposed agreement structure ensures continuity of service while maximizing savings over multiple years. Additionally, the contract includes cancellation provisions should the need arise during the contract term.

The current value of the five-year term (excluding potential future consumer price index adjustments) is $304,425 and the yearly breakdown of costs under the new contract will be:

Annual Breakdown: Dates: Amount
Year 1 (FY2024/25) 1/2/25 through 6/30/25 $33,825
Year 2 (FY2025/26) 7/1/25 through 6/30/26 $67,650
Year 3 (FY2026/27) 7/1/26 through 6/30/27 $67,650
Year 4 (FY2027/28) 7/1/27 through 6/30/28 $67,650
Year 5 (FY2028/29) 7/1/28 through 6/30/29 $67,650
Staff is seeking the five-year agreement recognizing that the future years will be subject to operating budget appropriations.

CONCLUSION:

Authorize the Town Manager to execute an Agreement for Services with Buringrud & Reyes Electric Inc. for the maintenance of downtown decorative tree lighting.

FISCAL IMPACT:

The Adopted Fiscal Year (FY) 2024/25 Parks and Public Works General Fund Operating Budget (111-5401-63364) includes sufficient funds to cover the contract in the amount of $33,825 for FY 2024/25. Future Proposed Operating Budgets will include requests for funding for the contract per the amounts listed above.

ENVIRONMENTAL ASSESSMENT:

In accordance with CEQA Guidelines Section 15378(b)(5), approval of this agreement is not a project subject to CEQA because it is an administrative activity that will not impact the environment.

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ITEM NO. 8.

PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Five-Year Agreement for Services with Buringrud & Reyes Electric Inc.

DATE: November 29, 2024
Attachment:

1. Agreement for Services with Buringrud & Reyes Electric Inc. with Exhibit A – Proposal and Exhibit B – Contractor Proposal Pricing

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ITEM NO. 8.

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Agreement for Services
Buringrud & Reyes Electric Inc.

AGREEMENT FOR SERVICES

PREAMBLE
THIS AGREEMENT is dated for identification on December 17, 2024 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Buringrud & Reyes Electric Inc. (“Service Provider”), identified as an S Corporation and whose address is 20295 Bear Creek Road, Los Gatos CA, 95033. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 Town sought quotations through RFP for the services described in this Agreement, and Service Provider was found to be the lowest responsible supplier for this purchase.

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

1.3 Town desires to engage Service Provider to provide electrical maintenance service for downtown decorative tree lighting.

1.4 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.

II. AGREEMENT

2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on November 27, 2024, which is hereby incorporated by reference and attached as Exhibit A. Authorizing base services for 170 trees multiplied by 52 weeks plus annual replacement of 60 light strings and 150 hours of electrical work as shown in Exhibit B.

2.2 Term and Time of Performance. The effective date of this Agreement shall begin January 2, 2025 through June 30, 2029, subject to appropriation of funds, notwithstanding any other provision in this agreement.

2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.

ATTACHMENT 1

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ITEM NO. 8.

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Agreement for Services
Buringrud & Reyes Electric Inc.

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

2.5 Information/Report Handling. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Service Provider in connection with other projects shall be solely at Town's risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.

2.6 Compensation: Compensation for year one (FY 2024/25) shall not exceed $33,825.

Compensation for future years will be the base cost of $67,650 and shall be adjusted upward annually for the remaining term of this agreement by the change, if any, in the San FranciscoOakland-San Jose Metropolitan Area Consumer Price Index for All Urban Consumers, all items (CPI). The adjustment shall be based upon the CPI published on December 31 of the preceding year. If the CPI indicates a downward adjustment, compensation would remain at the base amount. Payment shall be based upon Town approval of each task.

Annual Breakdown: Dates: Amount
Year 1 (FY2024/25) 1/2/24 through 6/30/25 $33,825
Year 2 (FY2025/26) 7/1/25 through 6/30/26 $67,650
Year 3 (FY2026/27) 7/1/26 through 6/30/27 $67,650
Year 4 (FY2027/28) 7/1/27 through 6/30/28 $67,650
Year 5 (FY2028/29) 7/1/28 through 6/30/29 $67,650
For a total agreement amount not to exceed $304,425, inclusive of all costs. Payment shall be based upon Town approval of each task.
*Total compensation does not include CPI adjustments for Years 2-5.

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

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

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ITEM NO. 8.

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Agreement for Services
Buringrud & Reyes Electric Inc.

Invoices:

Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
Email (preferred): [email protected]

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

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

2.10 Independent Contractor. It is understood that the Service Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Service Provider may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Service Provider or is based on allegations of Service Provider's negligent performance or wrongdoing.

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

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ITEM NO. 8.

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Agreement for Services
Buringrud & Reyes Electric Inc.
employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

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

III. INSURANCE AND INDEMNIFICATION

3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Service Provider agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

General Liability:
i. The Town, its elected and appointed officials, employees, and agents are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider. ii. The Service Provider's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider's insurance and shall not contribute with it.

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ITEM NO. 8.

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Agreement for Services
Buringrud & Reyes Electric Inc.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

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

3.3 Workers’ Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement.

Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.

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

IV. GENERAL TERMS

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

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

4.3 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15)

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ITEM NO. 8.

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Agreement for Services
Buringrud & Reyes Electric Inc.
written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider.

In the event of such termination, Town shall pay Service Provider an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a “public work” by the State of California. This includes: construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.

4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.

4.4.2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.

4.4.3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.

The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including,

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ITEM NO. 8.

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Agreement for Services
Buringrud & Reyes Electric Inc.
but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

4.4.5 In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.

4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

4.4.7 No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the TOWN for any fines assessed by the California Department of Industrial Relations against the TOWN for such violation, including all staff costs and attorney’s fee relating to such fine.

4.4.9 The TOWN shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the contract.

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

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

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

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ITEM NO. 8.

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Agreement for Services
Buringrud & Reyes Electric Inc.

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Buringrud & Reyes Electric Inc.
20295 Bear Creek Road
Los Gatos, CA 95033
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.

4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.

4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.

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ITEM NO. 8.

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Agreement for Services
Buringrud & Reyes Electric Inc.

IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.

Town of Los Gatos by:

Chris Constantin, Town Manager
Recommended by:

Nicolle Burnham
Director of Parks and Public Works
Buringrud & Reyes Electric Inc. by:

Eric Buringrud, CFO
Approved as to Form:
_____________________________________
Gabrielle Whelan, Town Attorney
Attest:
______________________________________
Wendy Wood, CMC, Town Clerk

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ITEM NO. 8.

Proposal for downtown tree lighting services in the
town of Los Gatos, CA
- Cover Letter
Buringrud & Reyes Electric Inc is pleased to submit this proposal for to the town of Los Gatos, in response to the RFP for tree lighting services on this day, the 29th of October, 2024.

As a licensed C-10 contractor and business operating in Los Gatos, we are thrilled for the opportunity to provide a proposal for the town that we live in and love being a part of. We are fully capable and ready to provide the required services requested in the RFP if awarded with an agreement. We own our own equipment such as vertical mast lifts and scissor lifts to reach the higher locations of electrical work and higher limbs of trees. We have a 2,200 square foot shop on our property at 20295 Bear Creek Rd. that houses all our equipment, tools, and material to complete work. We are invested in the town of Los Gatos and will have a daughter that will be attending Los Gatos High and are nearby for any emergency work that may come up throughout the year and especially during the Christmas season.

Eric Buringrud, the main contact and licensed contractor of the firm, will be on call any time of the day or night to ensure a very fast response time for any work needed. We are located about 15 minutes from downtown plaza square and will remain available for any service work needed if awarded an agreement with Los Gatos. We are a safety-oriented company that always puts safety above all on any project, as such we own all the traffic cones, delineators, lights and signage to perform any work with the outmost safety to town members, employee personnel as well as all the electrical safety equipment to perform any electrical work as safely as possible.

EXHIBIT A

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ITEM NO. 8.
- Qualifications and Expertise
With over 20 years of experience in the electrical industry, we have extensive experience with many types of lighting and lighting controls systems, including in-ground lighting and tree lighting. We also have extensive experience with underground electrical and a deep understanding of troubleshooting electrical issues. We understand that the town of Los Gatos needs a firm that not only knows how to wrap lighting strings around trees and plug them in but also has a deep and close knowledge of electrical wiring methods and the California Electrical Code, to ensure any repairs are completed to last well beyond the required warranty period. B & R Electric Inc is a qualified local firm that can meet the needs of the town of Los Gatos, while keeping funds from town coffers directly in the town of Los Gatos. All of our business, from our auto repair to fine dining, happens primarily here in our town. And if awarded an agreement with Los Gatos, it will help to grow our Los Gatos business.

Eric Buringrud has been a foreman on many large and medium sized projects throughout California. From replacing and upgrading lighting and HVAC controls in the entire Coachella Valley school district, to running large solar projects on the central coast, and running projects from the ground up for campuses and the fire department in San Jose, our experience and expertise is well suited to handle all of Los Gatos’s tree lighting service needs. - Project team
Our Licensed contractor and electrician, Eric Buringrud, first began his electrical career in 1998 wiring custom homes in Salt Lake City and moved back to California in 2009 after attending a school in New Mexico for solar PV design and installation. Since then, he has been working in the electrical industry as a foreman on a diverse range of electrical projects. He would be the one handling all inspections, maintenance, repairs, service calls and extra work issued by Los Gatos. Resume located on the next page.

Our CEO, Christina Reyes, runs the business from our home in Los Gatos.

She handles all the invoicing and bookkeeping and would assist with reports as needed.

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ITEM NO. 8.
credentials CA Certified General Electrician #152113
OSHA 30 – Construction Safety and Health Trained
NABCEP Certification for Solar PV Installation
6/11-6/21
11/15
4/10-4/13
Renewable Energy Major w/ PV System Design & Installation Emphasis Associate of Applied Science (San Juan College, NM)
• Coursework included AC and DC motors and controls, Solar PV system design and installation, Panel Upgrades
• Extensive coverage of NEC & NFPA 70
8/07 – 5/09
work experience Foreman Electrician
Elco Electric, Inc. (San Jose, CA)
• Ran 5-15 man crews on medium to large commercial projects for San Jose fire department. School districts and community buildings • Installed switchgear, transformers, panels, lighting, and power for new and existing construction.

Journeyman Electrician
Helix Electric, Inc. (San Francisco, CA)
• Worked on commercial, prevailing wage projects throughout NorCal • Temp Power, Single line, Various conduits, Equipment and device installation, Lighting controls, Fire alarm
Journeyman Electrician
Royal Electric, Inc. (San Luis Obispo, CA)
• Worked with 40+ man crew on multi-building dorm project • U.G. medium voltage, Laid-out decks w/ Trimble, Roughed-in concrete and steel framing, pulled conductors, installed equipment • Built-out E-rooms & IDF rooms and dressed panels
7/20 – 4/24
4/19 – 7/20
9/16 – 4/19
Foreman Electrician
Whitehead Electrical Systems, Inc. (Moorpark, CA)
• Foreman on large commercial projects installing BAS controls • Coordinated materials, installation logistics w/contractors and inspectors, and daily reporting of job progress
4/13 – 12/16
ERIC B.

BURINGRUD

CA CERTIFIED GENERAL ELECTRICIAN
:: 408.438.2262 ::
:: 20295 Bear Creek Rd. ::
:: Los Gatos, CA ::
:: [email protected] ::

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ITEM NO. 8.

Electrician/Solar Installer
Temp Agencies (Throughout CA)
• Worked on prevailing wage solar carport projects at schools 6/12 – 4/13
Certifications
Head Solar PV Designer & Installation Manager
Absolute Electric & Solar, Inc. (Los Osos, CA)
• Managed solar installations on residential and commercial projects • Performed site assessments, designed and submitted plans

Forklift/Gradall, Boom (Aerial) lift, Scissor lift, First Aid CPR/AED Trained 6/09 – 6/12

References Available upon request

ERIC B.

BURINGRUD

CA CERTIFIED GENERAL ELECTRICIAN
:: 707.656.6831 ::
:: 226 Hearst Ave. ::
:: San Francisco, CA ::
:: [email protected] ::

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ITEM NO. 8.

Eric Buringrud
20295 Bear Creek Rd
Los Gatos, CA 95033
Eric Buringrud
Contractor
408-438-2262
[email protected]
Christina Reyes
CEO
408-887-8693
[email protected]
x
2023 California
5/31/2023

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2 Christina Reyes - CEO
Eric Buringrud - CFO
Eric Buringrud - Contractor, CA certified general electrician of 15 years.

Proposer has never failed to complete any agreement awarded to it. x x

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Proposer has never been the subject of a bankruptcy or insolvency.

Evergreen College
3095 Yerba Buena Rd, San Jose, CA 95135
John Hanson - Operations Manager/inspections for Electrcial on campus

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[email protected]
408-893-9720
Contract between sub-contractor and Primary - $6,973,200 (I was main foreman) Multiple projects including pole lighting for sports complex. In ground lighting, outdoor GFCI pedistals, fountain and area lighting for Northlane corridor. And new construction of Gen Ed science and math academic building involving new service, multiple switchgear, panels, transformers, lighting and lighting controls, in ground lighting, exterior pole lighting and outdoor GFCI pedistals.

Sports complex and north lane projects - 3/15/2021-8/25/2021 Gen Ed Building project - 8/10/2023 - 6/1/2024
Zovich Construction
103 Technology Ct, Suite A, Brentwood, CA 94513
Marco Zovich - Superintendent
209-450-5795
Contract between sub and Primary - over $13,000,000 (I was main foreman) (Primary contractor on SJC fire training center project) Installation of new Services and several switchgear, panels, transformers, backup generator, UPS systems, car chargers, solar carports, solar roofs, lighting and lighting controls, site lighting, in ground lighting, outdoor GFCI pedistals, pole/street lighting,
9/1/2021 - 8/1/2023
[email protected]

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Christina Reyes, Eric Buringrud

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CEO
CFO/licensed contractor
Buringrud & Reyes Electric Inc
10/29/2024
Eric Buringrud - Contractor
Christina Reyes - CEO
10/29/2024

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ITEM NO. 8.

Buringrud &
Reyes Electric Inc.

Item Location Description Bid
1 N Santa Cruz Ave,
Grays Lane and
Main St.

Maintain Lights - 170 trees (x 52 weeks) $33,150
2 " 5 strings per tree (x 60 trees)
$175 per
tree $10,500.00
3 "
Hourly rate (x 150 hrs)
$160 per
hour $24,000.00
"
Total $ 67,650.00

EXHIBIT B
Contractor Proposal
Town of Los Gatos - Downtown Decorative Tree Light Maintenance

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ITEM NO. 8.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
ITEM NO: 9
DATE: December 12, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution to Designate the Traffic Seargent or Police Department Staff Member as Designated by the Chief of Police to the Board of Directors of the Los Gatos-Monte Sereno Safe Routes to School Organization RECOMMENDATION:

Adopt a Resolution to Designate the Traffic Seargent or Police Department staff member as designated by the Chief of Police to the Board of Directors of the Los Gatos-Monte Sereno Safe Routes to School Organization.

BACKGROUND:

In 2016 the Los Gatos-Monte Sereno Safe Routes to School (SR2S) organization was established as a registered 501 (c)(3) nonprofit organization. The purpose of the organization is to provide advocacy and education around bicycle and pedestrian safety particularly as it relates to areas near schools.

As a registered nonprofit, SR2S has a Board of Directors that includes representatives from the member organizations and the community. The Board provides the leadership behind the SR2S program and consists of a representative from the Town of Los Gatos, City of Monte Sereno, Hillbrook School, Los Gatos Union School District, Los Gatos High School, and two community members.

DISCUSSION:

The Parks and Public Works Director currently fills the Town of Los Gatos’ position on the SR2S Board. However, Safe Routes to School is inherently an organization that focuses on bicycle and pedestrian related traffic safety. The Los Gatos-Monte Sereno Police Department staff

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ITEM NO. 9.

PAGE 2 OF 2
SUBJECT: Adopt a Resolution to Appoint Traffic Seargent to the Safe Routes to School Board
DATE: December 12, 2024
regularly attend SR2S board meetings in support of the organization, and they also routinely attend SR2S educational events and programs such as Bike Rodeos. Los Gatos-Monte Sereno Police Department was the primary contact for the school crossing guard program, which is now run by SR2S. In many communities, the local police department is the primary coordinator of the Safe Routes to School Program.

Following this transition, Parks and Public Works will continue to support the work of SR2S by coordinating bike and pedestrian projects in school areas and providing technical expertise as needed. PPW staff will continue to attend SR2S Board meetings as time permits.

CONCLUSION:

The proposed action will designate a Los Gatos-Monte Sereno Police Department representative as the board member from the Town of Los Gatos and for the SR2S program.

COORDINATION:

This staff report was coordinated with the Police Chief and the Town Attorney.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Draft Resolution

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ITEM NO. 9.
1 of 1
Draft Resolution Adoption Date

DRAFT RESOLUTION

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

APPOINTING THE TRAFFIC SERGEANT OR OTHER POLICE DEPARTMENT STAFF

MEMBER AS DESIGNATED BY THE CHIEF OF POLICE TO THE LOS GATOS- MONTE

SERENO SAFE ROUTES TO SCHOOL BOARD OF DIRECTORS
WHEREAS, the Los Gatos-Monte Sereno Safe Routes to School Program is overseen by a seven-member Board of Directors;
WHEREAS, one of the Board of Directors seats is allocated to the Town of Los Gatos; WHEREAS, Los Gatos has historically appointed one person to serve on the Board of Directors and provide coordination with regard to bicycle and pedestrian safety near schools; WHEREAS, the Safe Routes to School Program has a strong nexus to traffic, pedestrian, and bicycle safety related work conducted by the Police Department; and NOW, THEREFORE, BE IT RESOLVED, that the Chief of Police will name the Los Gatos representative to the Los Gatos-Monte Sereno Safe Routes to School Board.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the ____ day of _______ 20__, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_________________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTACHMENT 1

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ITEM NO. 9.

PREPARED BY: Holly Young
Senior Management Analyst
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
ITEM NO: 10
DATE: December 5, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Use Agreement with California Farmers’ Markets Association for Farmers’ Market Operation Services for a Three-Year Term with Two Three-Year Options to Extend the Term.

RECOMMENDATION:

Authorize the Town Manager to execute a Use Agreement (Attachment 3) with California Farmers’ Markets Association for Farmers’ Market Operation Services for a three-year term with two three-year options to extend the term.

BACKGROUND:

On October 6, 2015, the Council provided direction to staff to issue a Request for Proposals (RFP) for the Los Gatos Farmers’ Market. Out of the six proposals that were received at that time, the California Farmers’ Markets Association (CFMA) was selected as the Los Gatos Market operator.

The term of the initial Use Agreement with CFMA was from March 21, 2016, through December 31, 2018, and it included two three-year options to extend the term. Both options to extend the agreement have now been exhausted and the agreement will expire December 31, 2024. The current agreement can be found in Attachment 1 to this report.

The Los Gatos Farmers’ Market is a valued offering, fresh food resource, and beloved weekly tradition for both Los Gatos residents and visitors alike, attracting up to 2,000+ attendees each week.

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ITEM NO. 10.

PAGE 2 OF 3
SUBJECT: Farmers’ Market Use Agreement
DATE: December 17, 2024
DISCUSSION:

On October 11, 2024, the Town issued an RFP for Farmers’ Market Operation Services. The Town publicized the RFP through the Town website, weekly newsletter, social media, and sent the document directly to Farmers’ Market operators in the Bay Area.

The Town received one proposal from CFMA, the Town’s current market operator. CFMA’s proposal met all the qualifications of the RFP.

CFMA staff have always been very flexible and responsive to Town staff, including through navigating the COVID-19 pandemic guidelines and adjusting the Market’s layout to accommodate for space lost to parklets on Montebello Way.

CFMA has been nationally recognized for operating farmers’ markets in the Bay Area for over 30 years. All CFMA markets, including the Los Gatos Market, have been voted Top 20 Favorite Farmers’ Markets in California. Since 2016, CFMA has held numerous events at the Los Gatos Farmers’ Market including a Kid’s Day celebration, Zucchini Car Races, and a Fall Harvest Festival.

Attachment 2 to this report is an excerpt from CFMA’s proposal with more information on their services, experience, and many Los Gatos Farmers’ Market programs and events.

CONCLUSION:

Staff recommends that the Town Council authorize the Town Manager to execute a Use Agreement (Attachment 3) with California Farmers’ Markets Association for Farmers’ Market Operation Services for a three-year term with two three-year options to extend the term.

COORDINATION:

This report was coordinated with the Town Manager’s Office, Town Attorney’s Office, Finance Department, Police Department, and Parks and Public Works Department.

FISCAL IMPACT:

Under the proposed agreement, the Town will receive annual use fee revenue of $2,805 from CFMA and business license revenue of $2,850 inclusive of all market vendors (not including CFMA’s separate business license as the Market Operator).

ENVIRONMENTAL ASSESSMENT:

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

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ITEM NO. 10.

PAGE 3 OF 3
SUBJECT: Farmers’ Market Use Agreement
DATE: December 17, 2024
Attachments:

1. Current Farmers’ Market Use Agreement

2. Excerpt from CFMA Proposal

3. Proposed Farmers’ Market Use Agreement with Exhibits A – Vendor Booths Map, B - Vehicle and Sidewalk Map, C – Road Closure Traffic Control Plan, D – Santa Clara County Requirements for Farmers Markets, E – Town Park Rules and Regulations

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ITEM NO. 10.

Attachment 1

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ITEM NO. 10.

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ITEM NO. 10.

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ITEM NO. 10.

DocuSign Envelope ID: DF4D821E-B6B8-4CD2-9C13-9E3282A94B48 PARK
brick wall
7'11"
18" I

VAN/MARKET TRUCK
l
4'4"
Bike Lane line ___________ l
S. Santa Cruz Ave.

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ITEM NO. 10.

DocuSign Envelope ID: DF4D821E-B6B8-4CD2-9C13-9E3282A94B48 AGR li-c;:2Co.C
IHH ____ _

FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT is dated for identification this 31st day of October, 2018 and amends that certain Use Agreement dated March 14, 2016, made by and between the Town of Los Gatos ("Town"), and California Farmers' Markets Association ("CFMA").

RECITALS
A. Town and CFMA entered Into a Use Agreement on March 14, 2016 ("Agreement''), a copy of which is attached hereto and Incorporated by reference as Attachment 1 to this Amendment. The Agreement expires December 31, 2018 and the term may be extended for up to two additional three-year periods.

FIRST AMENDMENT

1. Section 3 Use of Premises is amended to read: CFMA shall be allowed use of Montebello Way and the Montebello parking lot for the approved time and day of every Sunday from 9:00 a.m. to 1:00 p.m. In addition to reasonable set-up and take-down time, as approved by the Town Manager, unless a different time frame is agreed upon by both parties.

Periodic use of Town Plaza is permlsslble with approval from the Town Manager. Use of West Main Street requires a special event permit.

CFMA will employ the road closure traffic control plan incorporated by reference as Attachment 2 to this Amendment.

The Town requests a calendar year annual schedule to be presented to the Town by January 1
st of each year. By either Town Manager approval or the speclal event process, other downtown locations may be incorporated into the Market on a regular or periodic basis. CFMA may request changes to the Annual Schedule by written notification to the Town Manager, but shall endeavor to minimize changes to the schedule during each program year. All changes should be made In writing no less than 30 days prior to the effective date of the change. The Town Manager shall have sole authority to approve the Annual Schedule and any requested changes to the Annual Schedule.

2. Section 5 Term of Agreement is amended to read: The original contract went into effect on March 21, 2016. This First Amendment exercises the first option to extend the original contract for an additional three years. Unless terminated sooner pursuant to Section 21 of this Agreement, this Agreement shall expire December 31, 2021. 'The term of this Agreement may be extended for one additional three-year period pursuant to the terms of the original contract.

3. Section 7 Business License is amended to read: CFMA is required to obtain one business license in lieu of Farmers' Market v,ndors paying indivldual business )lcenses. This business license fee shall be $3,825.00 in addition to the Senate Bill 1186 state-mandated fee (currently $4.00 per year). That total fee is inclusive of CFMA and their vendors.

I of2
California Fam1ers' Market Association First Amendment to Agreemen1 16.043

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ITEM NO. 10.

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ITEM NO. 10.

DocuSign Envelope ID: DF4D821E-B6B8-4CD2-9C13-9E3282A94B48

USE AGREEMENT
BETWEEN THE TOWN OF LOS GATOS 11F,,
AND

CALIFORNIA FARMERS' MARKETS ASSOCIATION
I la ... O.Y3 ___ _
This USE AGREEMENT is entered into this 14th day of March, 2016, by and between the TOWN OF LOS GATOS, State of California ("Town''), and CALIFORNIA FARMERS' MARKETS ASSOCIATION (''Cf.MA").

RECITALS
WHEREAS, California Farmers' Markets Association (CFMA) was established to host certified tanners· markets for the community, fanners, and producers; and WHEREAS, CFMA is 50l(C){6) nonprofit and a mutual benefit corpora.lion providing Certified Farmers' Markets for the Bay Area; and
WHEREAS, in order to provide a convenient and effective farmers· market in Los Gatos.

CFMA desires weekly use of Montebello Way, Broadway, seasonally West Main Street, and occasionaJly Town Plaza which is owned and maintained by the Town of Los Gatos ("Town"); and
WHEREAS, the Town and CFMA each desire an agreement between them setting forth the specific tenns and conditions under which CFMA may use specific locations, including days and hours of use, and the fees payable by CFMA for the exclusive use of the designated locations.

AGREEMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

I. Subje�t Premises. The premises covered by this agreement are Montebello Way, Broadway, Montebello Parking Lot, West Main Street, and Town Plaza (coJlectively, the "'Premises''). CFMA may request the use of additional premises, which shall be considered by the Town and authorized for use as more fully described in Section 4.

2. Town Mana •er. For the purpose of this agreement, the Town Manager shall mean the Town Manager or the Town Manager's designee.

3. Use of Premises. CFMA shall be allowed use of Montebello Way and the Montebello Parking lot for the approved time and day of every Sunday from 9:00 am-I :00 pm in addition to reasonable setup and take down time, as approved by the Town Manager.

Moreover, the periodic use of West Main Street and Town Plaza is pennissible with approval from the Town Manager. The Town requests a calendar year annual schedule and trnffic control plan for use of West Main Street and Town Plaza to be presented to 1 ·ot 13
California Farmers' Markets Association Agreement

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CFMA SCOPE OF SERVICES
The California Farmers Markets Association has successfully operated the Los Gatos Certified Farmers’ Market every Sunday since 2016.

I.Farmers Market Operational Time
A. Farmers Market operates every Sunday at the permitted site excluding Easter Sunday.

CFMA adequately markets Easter Sunday closure to the entire town, customer list and downtown businesses.

II.Market Site
A. Location and Set up/Take Down

1. CFMA has expanded the Market Site plan to include the stretch of sidewalk area along Plaza Park bordered by S. Santa Cruz Avenue to maintain vendor’s capacity affected by the City’s expansion of parklets.

2. Set up begins at 6:00AM by monitoring traffic flow and implementing Town-approved Road Closure Traffic Control Plan. See Attached Plan. At the direction of the Town, CFMA also added a vehicle blockade to the Santa Cruz Ave. entrance to the market.

3. Farmers’ Market take down begins promptly at 1:00pm and all vendor vehicles, trash and equipment are cleared from the market site by 2:00pm.

B. Organizational Structure and Management

1. Maintain the City, County, and Local Government permits and licenses including Town Business License,

2. Maintain the County Agricultural Commissioner and County Department of Environmental Health permits. CFMA adheres to all County Agricultural and County Environmental Health Guidelines and participates in numerous inspections throughout the market season.

3. As necessary, CFMA will acquire special event permits and the Town’s permission for its numerous CFMA promotional events held in the Plaza Park and comply with any park rules and regulations established by the Town Manager pursuant to Section 19. I 0.025(17) of the Town Code, including those rules set forth in Attachment 5, Town of Los Gatos Park Rules and Regulations.

4. Develop and modify Market Rules and Regulations as necessary to reflect the specific needs of the Los Gatos Certified Farmers’ Market.

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5. Market Manager staffs the market site from set up to take down and employs a CFMA Market Manager Assistant every Sunday. Supporting the Market Manager is a robust marketing team, Operations Manager overseeing all CFMA markets, an accountant for billing, and an administration team.

III.Operations and Management
A. Scope of Operations

1. Obtain, maintain and supervise management of the Certified Farmers’ Market that will effectively assure safety and satisfaction of the market visitors.

2. Assure adherence and enforce State and Local Agricultural and Health Regulations and all applicable state and local laws.

3. Adhere to CFMA market rules and regulations, product quality, set-up and clean-up procedures. Perform and monitor site clean up including sidewalks and streets within the market area. Obtain feedback to assure adherence to guidelines of the Market and the Town of Los Gatos.

B. Market Day Systems and Management

1. Perform Road Closure Traffic Control Plan as outlined in attachment 9.

Post signage, direct grower placement to predetermined market stalls and maintain a safe traffic flow within the Farmers’ Market project area until market opening and during closure/takedown. Provide access to restroom facilities for farmers and vendors to a porta potty with handwashing facility inside the Town’s rear parking lot adjacent to the Post Office.

2. Farmers’ Market provides a staffed Information Booth for both customers and vendors. The information booth is easily located with its banners and market aisle flag. The Information booth is a place to query Market Management, request EBT Snap Program, disperse town informational pamphlets, pick up recipes, find community group information, and purchase Los Gatos Certified Farmers’ Market tote bags and aprons.

C. Cleanliness/Trash

1. The Farmers’ Market leaves the site cleaner than when Market staff first enters every Sunday. Town trash and recycling cans are covered with tarps before the market begins sales. Farmers’ Market provides 4 large trash bins and 3 large recycling bins, placed strategically next to the existing Town trash bins. If any trash has accumulated near a Town bin during the market hours, Market staff will transfer that trash to the Market’s bin. All market bins are stored at the back end

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of the town parking lot across from the Post Office. Trash pick-up occurs mid-week.

2. Vendors are required by CFMA Rules and Regulations to remove their own trash and any rinse water accumulated from hand and utensil wash stations. In the event any trash is left behind, it is disposed of in the Market’s trash bins. In the rare event a bucket of liquid is found at the end of the day, it is drained into the Market’s porta potty.

D. American Disabilities Act Requirements

1. ADA access points can be found at several entrances to the market which include the park entrance at the corner of Broadway and Montebello, Main Street and Montebello and West Santa Cruz Ave. and Broadway. Three handicap parking spaces are reserved by cones/placard along the first three parking spaces adjacent to the Post Office nearest Broadway.

E. Marketing and Promotions

1. CFMA’s Marketing Department develops an annual marketing plan for the Los Gatos Farmers’ Market that includes direct mail, social media, print advertising, digital advertising and on-site events. An integrated marketing strategy allows CFMA to reach customers through multiple touchpoints.

The market’s promotions are based on a seasonal calendar that celebrates the bounty of the harvest. Family friendly events enhance the market’s place as a community epicenter in Downtown Los Gatos on Sundays.

F. Agriculture and Health Regulations

1. The Los Gatos Certified Farmers’ Market operates within rules and regulations overseen by both State and County Departments of Agriculture and the California Health Code which is enforced by the Santa Clara County Environmental Health Department. Issuance of permits to operate a Certified Farmers’ Market requires CFMA to be in good standing by adhering to these associated agencies’ rules and regulations. The Los Gatos Certified Farmers’ Market undergoes multiple annual inspections by both the Agriculture and Health Departments. Reports are generated by these inspections and the market responds by correcting any infractions noted. In the previous 8 years the Los Gatos Certified Farmers’ Market has never received a serious violation. Minor violations are rare and are mostly administrative in nature and easily corrected by the vendors.

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CFMA rules and regulations support and help enforce these laws, allowing the Market Manager to quickly cure minor issues.

G. Vendor and Product Selection

1. The Los Gatos Farmers’ Market is currently filled to capacity during the peak agricultural season, May through October. A wide variety of seasonal California crops are sold in 65% - 70% of the market’s available stall space. A majority of the market’s growers are registered organic producers. The remaining stall spaces are populated with “non-agricultural” producers, many from areas local and near to Los Gatos or inside the San Francisco Bay Area. This section of the market features fresh fish, grass-fed beef, poultry, pork, fresh-baked artisan breads, hummus, gourmet foods, jams, Indian cuisine, etc. Hot food prepared on site is a huge hit with the folks in Los Gatos, sitting down in the park to enjoy crepes, tamales, vegan delicacies and foods from South America.

H. Market Set-up and Take Down

1. CFMA sets up and takes down its markets in a methodical and clear-cut fashion. Standard operating procedures are in place in case an emergency arises. Such procedures ensure safety and uniformity of set-up. Farmers arrive first, some download from large trucks and quickly vacate, parking in the rear town parking lot. Other downloaders are directed to move quickly and efficiently as room to maneuver on Montebello Way is limited. The town parking lot to the rear of the market is critical to this downloading procedure as half of the markets’ vendors use the space to store their vehicles during the market hours of operation. A strict closure time of 1:00 pm clears customers from the scene, allowing vehicles to safely exit the area. This strict closure time, when all sales stop, is critical to maintaining a safe and quick exit of vendors at the end of the day by vacating customers. Because of this organized, controlled shut-down strategy, the market site is basically vacated by 2pm.

The heroics of the Market Manager and her assistant should not go unmentioned. The set-up of this market takes 3.5 man-hours to complete. Garbage bins are hauled out, town bins are covered, seating areas are placed, information booths and musician tents are securely set up.

Signs are strategically placed about, directing customers to the market while the Town’s street closures signs are put in place. A market van with 100 pieces of equipment is utilized to set-up the market. While this is all happening, the Market Manager is overseeing the vendor stall set-up to ensure safety and that stall merchandising meets the standards of the Town of Los Gatos. Then

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the market officially opens at 9am. The staff monitors customer traffic flow and ensures all rules and regulations are followed. By 1pm, take-down is in reverse order of set-up, all done quickly and safely. This is truly an amazing process of procedures. To really appreciate our managers, take the time to visit this market in full swing at 10:30am and then return at 2:15pm to see a cleared, clean street, as if nothing was happening earlier in the day.

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CFMA EXPERIENCE & EXPERTISE
Introduction
The California Farmers' Markets Association (CFMA), a non-profit association of certified farmers' markets, hosts certified farmers' markets throughout the San Francisco Bay Area for the benefit of the community and farmers. CFMA assists the farmers’ market industry locally, nationally and internationally with marketing, policy implementation, operations, maximizing participation, and promotional programs.

History
Today, there are over 800 certified farmers' markets in California with about half of them being held weekly in public spaces. Most receive use of facility services ranging from providing restrooms, security staff, consumer parking, waste disposal, etc. Most of these certified farmers' markets use the space on the weekend when it is otherwise idle. Markets provide significant economic spin-off benefits because they are held at or near a business district. Being part of the "greening" effort is a significant benefit to communities by providing the opportunity to obtain the food less traveled, which reduces the fossil fuel burden. The shortened channel allows for produce to use less fuel and packing supplies.

Awards, Press & Recognition
California Farmers’ Markets Association has been nationally recognized for our organization's ability to build and operate thriving and beloved farmers’ markets in the San Francisco Bay Area for over 30 years. All CFMA Farmers’ Markets, including the Los Gatos Farmers’ Market were voted Top 20 Favorite Farmers’ Markets in the State of California. The Los Gatos Farmers’ Market has been voted by readers of the San Jose Mercury news as one of the “Best in Silicon Valley” in the Farmers’ Market Category. The market was honored to win Best Farmers’ Market in Los Gatan's Best of Los Gatos 2022 contest! CFMA’s Diablo Valley Farmers’ Market in Walnut Creek was voted #1 Favorite Farmers’ Market in the State of California in the American Farmland Trust’s annual Favorite Farmers’ Market contest in 2023.

Local press coverage for the market includes articles in the Los Gatan, Edible Silicon Valley, Mercury News and Los Gatos Patch. The Los Gatan’s recent article, “A Day at the Los Gatos Farmers’ Market”, published August 2024 was a wonderful piece highlighting the market. CFMA’s marketing department also generates press releases that are distributed to a network of media outlets and receive positive press coverage in the local community.

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Customer Acknowledgement
The Los Gatos Farmers’ Market is a beloved community event. Below are samples of real feedback provided by market customers. The market currently holds a 4.6/5 star Google Business rating!
“I like this farmers market! The location is awesome, and there is plenty of free parking. They have a nice mix of produce vendors, along with meat, fish and poultry vendors. It's near a bunch of different shops so you can always walk around and explore a lil before or after. I like the vibe here. One of the better farmers markets in the area.” -Google Review, 2021 “I love this farmer's market. Full of happy people and dogs sitting around in the park next to it.

It's right next to the post office so I make it a package drop and fruit/veggie stop on Sundays.

Come early. They open at 9am and parking is relatively easy until about 10am. I recommend trying P&K strawberries. If you see a line, that's most likely it. There's also a corn stall which is really good. Sorry, I don't know the name, but it was next to P&K. They sold out by 12pm.

There's also a booth that sold spring rolls for $4. I was expecting the standard sausage size spring rolls but it was like a giant burrito. Such great value. The people here are so nice. Almost every time I drop off packages, people offer to help open the door or even the package drop door.

When I'm waiting for strawberries, people like to strike up conversations.” Google Review, 2019 “A Cozy Sunday treat in Downtown Los Gatos. This small, cozy spot makes our Sundays feel great with its excellent variety of seasonal produce. The rotisserie chicken is the best we’ve ever had! The atmosphere is warm and inviting, with lots of friendly people, all set against the beautiful backdrop of Downtown Los Gatos.” Google Review, 2024 Farmers' Market System
Our database of certified growers assists CFMA in supplying the market. The product mix is assigned in the annual
reservation system. It is important to offer access to
pastured-raised chicken and grass-fed beef free from
hormones and antibiotics.

The size of the Los Gatos Farmers' Market and its number of growers and food purveyors ranges from 40-45 depending on the season.

Rules & Regulation
Every member of CFMA must operate according to the market rules and regulations.

Non-compliance of the rules and regulations may result in suspension from the market. In any

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case, all farmers are given the opportunity to cure their problem before they are considered for disciplinary action. Any non-compliance receives due process and each infraction has the opportunity to be heard. The CFMA market rules and regulations are included herein.

Marketing of the Market
CFMA’s Marketing Department is unparalleled in the industry with a dedicated team of specialists. Over the last 8 years, CFMA has devoted significant resources into developing a beloved brand for the Los Gatos Farmers’ Market that is well-known and associated with successful family-driven events with produce of the very highest quality. Using an integrated marketing strategy, our team ensures that every touchpoint (whether it’s a social media ad, email, or event) reinforces the same message, tone, and branding elements, which ultimately deepens the value that Los Gatos community members have in the market. This value informs shopping decisions and builds loyalty and connection between the farmers and their customers.

CFMA’s multi-pronged marketing approach includes, direct mail, print advertising, social media, digital newsletter, website, paid social advertising and a robust on-site seasonal events program! Market Branding
To create a new unique logo for the Los Gatos Farmers’ Market, CFMA hosted a competition with a college-level art class. CFMA sells tote bags with market logos. The tote bag sales at the Los Gatos Farmers' Market outpace all other markets. When CFMA added the word “California” below the market logo, tote bag sales doubled as they became popular with the Los Gatos community who purchase it for gifts. Customers from out of town purchase the Los Gatos Farmers' Market tote bag as a souvenir.

Events & Promotions
The CFMA on-site Promotions Team,
under the Marketing Department, has the
main objective of executing impactful
and memorable on-site events at the
farmers’ market that enhance community
awareness, increase attendance, and
educate customers about seasonal crops,
healthy food choices, cooking/preserving
market produce, and the benefits of shopping local to support family farms.

Over the last 8 years, CFMA has held over 50 on-site events at the Los Gatos Farmers’ Market.

The events are professionally planned by our team months in advance and coordination with the town is included in the planning process. The market’s annual promotional calendar is a critical component of the Market’s success and is packed with exciting fun and educational events.

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Here are a few examples of on-site promotions held at the Los Gatos Farmers’ Market:
● APRIL - Earth Day: Celebrating farming is the original Earth Day. The Market presents agriculture as the best way to promote a sustainable Earth. ● MAY - Derby Day Races: The market supplied inflatable derby hobby horses to the children for a fast race around our track inside the park’s grassy area. The adult category was also represented and prizes for the best Derby Hats were awarded. ● JUNE - Zucchini Car Races: This year’s races featured over 120 entrants as kids made cars at home and at the market in the Official Zucchini Race Pit Stop Zone. Winners for best design and fastest cars won cash prizes. Like all the special events, the race track was set up inside the park within the Town’s guidelines and permission. ● JULY - Kid’s Day: Hundreds of children participated in Kid’s Day, enjoying the puppet show, special kid’s craft activities and a demonstration that taught 200 kids how to make a watermelon salad.
● AUGUST - Watermelon Festival: How much watermelon can a 10-year-old consume in 90 seconds? 25 kids tried their best and a 10-year-old girl from Los Gatos took the cash prize. Bigger folks also competed in the adult category as 25 adults were challenged with a huge quarter slice. This was entertaining to say the least. ● SEPTEMBER - Fall is when grapes come bursting at the seams with flavor. Customers participate in “The Grape Escape” by voting for the Most Beautiful Bunch of grapes from our grape growers and then try to win $ by guessing the number of grapes in a huge, hanging bunch of grapes. (Hint, over 500 grapes). This effort builds the market’s mailing list.
● OCTOBER - Guess the Weight of the Giant Pumpkin and Win! For 3 weeks before Halloween a huge pumpkin is brought into the market for folks to try to guess it’s weight.

This is a seasonal favorite and everyone tries to win the $50 prize. (over 120 lbs., do not try to pick it up!)
● HALLOWEEN HARVEST FESTIVAL - The annual Halloween Festival Parade commences mid-market as nearly 100 costumed kids parade through the market and over 200 mini-pumpkins are decorated with googly eyes, feathers, curly hair, etc. at the Mini-Pumpkin Decorating stalls.
● DECEMBER - Storytime with Mrs. Clause. Multiple sessions of storytelling times are held inside the market by our famous Mrs. Clause in her authentic Christmas Claus costume. The setting is inside multiple tents with lighting and fun Christmas fanfare.

Children sit on mats and are held spellbound while Mrs. Clause spins her stories.

SCAN THIS QR CODE TO VIEW A SLIDESHOW RECAP OF 2024
EVENTS AT THE LOS GATOS FARMERS’ MARKET

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The market’s location in the Downtown area plays a huge role in the impact of the on-site promotions. Over the years, the customers have enjoyed connecting with their neighbors and friends in the center of town during events. It turns the market from a shopping location into a community hub and an epicenter of the Downtown experience that makes Downtown Los Gatos a destination on Sundays. CFMA mailing list data indicates that 46% of weekly market goers actually come from outside of the Town of Los Gatos.

Direct Mail & Mailing List
A core element of CFMA’s marketing efforts is the organically generated customer mailing list.

What differentiates our mailing list from a purchased mailing list is that every customer has actively made the decision to opt-in to communication from the market. This means that CFMA’s direct mail efforts are hugely responsive and accurately targeted.

Started by CFMA in 2016, the Los Gatos Farmers’
Market mailing list currently has over 2,200 loyal
Los Gatos residents. The mailing list is generated
through market activations geared towards building
the list. On average, CFMA sends out 5 direct mail
campaigns per year that promote and educate Los
Gatos customers on the upcoming activities and
incoming crop harvest.

At least 2 times per year, a Saturation direct mail
postcard campaign hits every single resident of the
Town of Los Gatos. Since 2016, nearly 200,000
pieces of direct mail promoting the Los Gatos Farmers’ Market have been sent to the community.

Digital Marketing
Since assuming operation of the Los Gatos Farmers’ Market, CFMA has made huge strides in the digital presence of the market. Social media accounts were established by the Marketing Department and have become a key component in communicating with customers to spread awareness. The Los Gatos Farmers’ Market Instagram page has 4,317 followers and 2,400 on Facebook. Market Manager, Susan Campbell, generates and posts 1 or 2 pieces of original content each week.

A weekly email newsletter was also established with 2,300 recipients on the email list. CFMA sees an unprecedented open rate average of 47% on email newsletters, compared to an industry

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average of 28%. These numbers indicate customers find great value in maintaining a weekly dialogue with the farmers’ market.

In 2023, CFMA launched a paid social media advertising strategy, specifically focusing on boosting Instagram reels to promote events and promotions. This program has had overwhelming success, reaching up to 34,000 unique viewers per campaign and had direct correlation with increased attendance at market events! This approach has allowed CFMA to take a data driven approach to our methods of customer communication.

CFMA also developed a webpage for the Los Gatos Farmers’ Market. The website is a primary tool to educate local residents about the day, time, and location of the farmers' markets. Farmers’ market events are posted on the website as well as seasonal recipes & email list sign up.

Community at the Market
CFMA is proud to host the Merchant at the Market Program at the Los Gatos Farmers’ Market.

This provides a dedicated space every Sunday that is specifically assigned for local merchants. In order to qualify for the program, Merchants must be members of the Los Gatos Chamber of Commerce and must operate a brick and mortar business within the town. Merchants can use this space a maximum of 4 times per year to promote their business to the farmers’ market community. An online application for the program can be easily accessed via the CFMA website.

The Merchant at the Market stall is used nearly every week by a local business.

CFMA reserves a weekly space at market for non-profit organizations to table at the market. Non-profit organizations are not permitted to fundraise, campaign, or promote any paid service. These guidelines are in place to ensure that the space is used specifically for educational outreach to the Los Gatos community. The non-profit application is also easily accessible online.

CFMA enjoys participating in seasonal community initiatives like the Los Gatos Loyal Program and donates a $200 Market Basket filled with fresh produce from the farmers’ market for the raffle prize.

Farmers' Market Economics
Economic benefits are gained while providing a weekly wholesome community gathering.

Keeping local dollars in the community keeps the local area strong economically. The Los Gatos Farmers' Market Economic Analysis states that $15.4 Million dollars is the annual potential spin-off for nearby businesses while the local government collects an estimated $154,000 annually in local tax form those spin-off dollars. Further information is available upon request.

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Farmers' Market Budget
The certified farmers' market operates self-sufficiently. Since the local government receives spin-off dollars, the fees paid by farmers are used specifically to operate the market and generate visits to the downtown so the spin-off may occur. Farmers pay a stall fee to cover the cost to operate the market including expenses for insurance, health permits, compliance fees and marketing.

Each year, over 25% of the incoming stall fees are dedicated to the marketing efforts for effective awareness campaigns to generate the visits to maintain a viable outlet for farmers who travel with their perishable goods. Additionally, information about the farmers' market can be added to each participating farmers’ website, social media outlets, and event calendars. This promotes more awareness.

CFMA's marketing plan has yielded a solid customer base. These routine visits for a weekly supply of farm fresh food will generate spin-off visits to the business district during the other 6 days of the week. It is advantageous for the local businesses and local government programs to utilize stall space to have their programs gain access to the community.

Entertainment
CFMA maintains a troop of over 90 juried musicians, clowns, jugglers, balloon artists, chefs, face painters and puppeteers. At least one entertainer will be present each market day, however there is generally both a musical performer and a balloon artist every Sunday.

Market Aesthetic
The Market Information booth is marked and recognizable.

A large chalkboard A-frame sign is placed in the center aisle to announce the special events and the market
bulletins. The market contains 2 custom painted umbrellas with “Los Gatos Farmers Market”. Tote bags and aprons
with the Market’s logo are available for purchase.

Farmer Merchandising Program
CFMA’s stall merchandising program has proven successful for many vendors in the organization. With our team’s
assistance, we’ve helped farmers and artisans increase their sales by up to 300%. The Market Manager monitors
vendors weekly to ensure they are optimizing their potential and presenting their very best to the community each week.

Farmers’ Market Authenticity
The ambiance and synergy of a real farmers’ market is created by a strong presence and bounty

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of agricultural crops from California certified producers. The ratio of farmers to non-agricultural vendors at the Los Gatos Farmers market remains three to one. Craft booths are not permitted unless it’s part of a special event.

The farmers' market also provides an invaluable service to educate the public about sustainable agriculture and the value of nourishing ourselves with tasty nutritious farm fresh produce, an important part of today's food system in need of more healthy choices!

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California Farmersʼ Markets Association
FARMERSʼ MARKET 2024 EVENT HIGHLIGHTS

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KENTUCKY DERBY DAY
The market supplied inflatable derby hobby horses to the children for a fast race around our track inside the parkʼs grassy area. The adult category was also represented and real trophies for the best Derby Hats were awarded.

BOOSTED REEL VIEWS: 13,510
NUMBER OF RACERS: 50
MARKET ATTENDANCE: +2,000
NUMBER OF HAT DECORATORS: 200

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KIDʼS DAY CELEBRATION
Hundreds of children participated in Kidʼs Day, enjoying the puppet show, special kidʼs craft activities and a cooking demonstration that taught 200 kids how to make a farm fresh watermelon salad.

POSTCARDS SENT: 9,000
BOOSTED REEL VIEWS:10,650
EVENT ATTENDANCE: +2,000
KID PARTICIPANTS: 250

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ZUCCHINI CAR RACES
Zucchini Cars are raced on a giant custom track until the fastest car wins! Children explore the market to find their very own zucchini. The market provides axles and decoration materials to make the car.

POSTCARDS SENT: 9,000
BOOSTED REEL VIEWS:10,180
EVENT ATTENDANCE: +2,000
KID PARTICIPANTS: 120

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FALL HARVEST FESTIVAL
An event for families to celebrate the bounty of the Fall Harvest and have some Halloween fun! Families are invited to enter the costume parade and contest, decorate mini pumpkins, guess the weight of the giant pumpkin and get a special goodie bag from the market!
POSTCARDS SENT: 7,000
BOOSTED REEL VIEWS:8,279
EVENT ATTENDANCE: +2,000
COSTUME PARADE PARTICIPANTS: 60+

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MRS. CLAUS AT MARKET
Multiple sessions of storytelling times are held inside the market by our famous Mrs. Clause in her authentic Christmas Claus costume.

Children sit on mats and are held spellbound while Mrs. Clause spins her stories.

BOOSTED REEL VIEWS: 27,266 EVENT ATTENDANCE: +2,000
NUMBER OF KIDS PARTICIPATING: 120

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Farmersʼ Market
Tote Bags

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California Farmersʼ Markets Association

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Farmers’ Market Use Agreement – CA Farmers’ Markets Association

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USE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND CALIFORNIA FARMERS’

MARKETS ASSOCIATION
THIS AGREEMENT is made and entered into on January 1, 2025 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and California Farmers’ Markets Association, a California non-profit corporation (“CFMA”), whose address is 3585 Clayton Road, Concord, CA 94519. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 The Town desire to engage CFMA to provide Farmers’ Market Operation Services.

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

1.3 CFMA warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. CFMA acknowledges Town has relied upon these warranties to retain CFMA.

II. AGREEMENTS

2.1 Subject Premises. The premises covered by this agreement are a portion of Montebello Way, a portion of Broadway, and the portion of the stretch of wide sidewalk area along Plaza Park bordered by S. Santa Cruz Avenue between Broadway and the start of redpainted curb (collectively, the “Premises”). See Exhibit A to this agreement which show the Premises and the Market Vendor Booths Map. CFMA may request the use of additional premises, which shall be considered by the Town and authorized for use as more fully described in this agreement.

2.2 Town Manager. For the purpose of this agreement, the Town Manager shall mean the Town Manager or the Town Manager’s designee.

2.3 Use of Premises. CFMA shall be allowed use of Montebello Way, the Montebello parking lot, and the stretch of Broadway between Montebello Way and S Santa Cruz Avenue for the weekly Los Gatos Farmers’ Market.

In order to compensate for space now used by business parklet(s) on Montebello Way, CFMA shall also be allowed use of a portion of the stretch of wide sidewalk area along Plaza Park bordered by S Santa Cruz Avenue between Broadway and the start of redpainted curb. Market stalls may be set up in the space between the edge of the curb and the edge of the tree well as shown in Exhibit B to this Amendment. Vehicles associated with the market must be legally parked in the parallel parking spaces along S Santa Cruz Avenue in order to provide a buffer between street traffic and the market stalls on the sidewalk. The vehicles shall not block the bicycle lane. CFMA’s market stalls shall not block the sidewalk right-of-way between the edge of the tree well and Plaza Park. If any ATTACHMENT 3

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Farmers’ Market Use Agreement – CA Farmers’ Markets Association

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unforeseen issues arise resulting from CFMA’s use of this sidewalk area, the Town reserves the right to revoke CFMA’s ability to use the area for market stalls.

The approved time and day of use shall be every Sunday from 9:00 a.m. to 1:00 p.m. in addition to reasonable set-up and take-down time, as approved by the Town Manager, unless a different time frame is agreed upon by both parties. All parking spaces in the designated use area on Montebello Way, Broadway, and S Santa Cruz Avenue will be reserved for CFMA use on Sundays between 6:00 a.m. and 1:00 p.m.

CFMA will employ the approved road closure traffic control plan in Exhibit C to this agreement as well as any future changes made by Town staff to the plan.

Periodic use of Town Plaza Park for market events is permissible with prior approval from the Town Manager. Requests for use of Plaza Park should be in made in writing at least 14 days in advance and include a proposed site plan. Use of West Main Street requires a special event permit. By either Town Manager approval or the special event process, other downtown locations may be incorporated into the Market on a regular or periodic basis.

2.4 Scope of Services. CFMA shall provide the following scope of services:
a. CFMA shall operate a weekly Farmers’ Market located in downtown Los Gatos every Sunday, from 9:00 a.m. to 1:00 p.m., year round, excluding Easter Sunday, with any additional exceptions to be approved by the Town Manager. b. CFMA shall complete takedown of the market, including trash and equipment removal, by 2:00 p.m.
c. CFMA shall enforce a set of market rules and regulations to ensure quality of vendors and market operations.
d. CFMA shall provide adequate staffing at all times when the market is in operation, including at minimum a Market Manager.
e. CFMA shall provide temporary portable toilet facilities with hand wash stations sufficient to serve the public needs. The number of toilets and hand wash facilities, as well as the staging location and delivery and removal schedule shall be approved by the Town Manager.
f. CFMA shall maintain cleanliness and ensure that all market trash is taken from the site at the end of each market and shall be responsible for site preparation and clean-up including:

1. Preventing specified Town's trash and recycling cans from being used during the Market with an approved method. This could include covering the cans or relining them post event.

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2. Providing trash, recycling, and compost cans throughout the Market.

3. Pick up and disposal of trash from vendors and Market participants.

4. Clean up and proper disposal of any liquids left by vendors.

Should CFMA fail to perform adequate cleanup or damage occurs to Town property, the Town will invoice CFMA at full recovery rates, plus overhead for cleanup and repair.
g. CFMA shall maintain all State and County permits required to operate a Certified Farmers' Market.
h. CFMA shall comply with Santa Clara County Fire Department regulations, Los Gatos Monte Sereno Police Department regulations, applicable State laws, and applicable Federal laws.
i. CFMA is required to properly set up and take down all approved street closures and shall provide their own barricades and equipment for street closures. j. CFMA shall use community-oriented marketing strategies to promote business and develop relationships with downtown businesses.
k. CFMA shall maintain a high-quality Farmers' Market by choosing appropriate vendors and continue searching for specialty growers.
l. CFMA shall engage in community partnerships with local merchants. m. CFMA shall identify opportunities for and support potential market expansion during peak season.

2.5 Term and Time of Performance. This contract will remain in effect from January 1, 2025 to December 31, 2027. The term of this Agreement may be extended for up to two additional three-year periods upon mutual written consent of the parties.

2.6 Termination. Either party can terminate this Agreement upon six months written notice to the other Party that it desires to terminate the Agreement for convenience and, upon such notice, the Agreement shall terminate six months from the date the notice was sent.

2.7 Compliance with Laws. The CFMA shall comply with all applicable laws, codes, ordinances, and regulations. The current Santa Clara County Environmental Health Requirements are Exhibit D to this agreement and CFMA shall keep up with any updates. CFMA represents

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and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for CFMA to practice its profession.

CFMA shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.

CFMA is required to obtain one business license for all Farmers’ Market vendors in lieu of each vendor obtaining an individual business license. The business license fee shall be $2,850.00 (based on 38 total vendors at $75 per vendor). That total fee is inclusive of all Farmers’ Market vendors not including the Market Operator/CFMA. Therefore, vendors in the Farmers’ Market who operate under CFMA will not be required to obtain a business license as long as CFMA has obtained the one business license for all vendors. This fee will increase annually equal to the percentage increase in the Town’s business license fee.

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

2.9 Information/Report Handling. All documents furnished to CFMA by the Town and all reports and supportive data prepared by the CFMA under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of CFMA's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by CFMA in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the CFMA shall not make any of the these documents or information available to any individual or organization not employed by the CFMA or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the CFMA pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the CFMA in connection with other projects shall be solely at Town's risk, unless CFMA expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of CFMA which is and has been confirmed in writing by CFMA to be a trade secret of CFMA.

2.10 Annual Use Fee. Beginning January 1, 2025, and every year thereafter, CFMA shall pay the Town of Los Gatos an Annual Use Fee for the use of the Premises. The Annual Use Fee shall be $2,805.00 (based on 25% of the current $55/hour Plaza Park Use Fee for a four-hour market 51 times per year). The Annual Use Fee shall be considered full and fair compensation for use of the Premises for those days and times including any use of Plaza Park for market events approved by the Town Manager. This fee will increase annually equal to the percentage increase in the Town Plaza Park Use Fee.

2.11 Payment. CFMA shall make all payments, whether or not invoiced by the Town, required pursuant to this agreement no later than January 1 of each year that such payments are

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due. All payments shall be mailed by first class mail or delivered in person at Town offices and addressed as follows:

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

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

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

2.14 Independent Contractor. It is understood that the CFMA, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the CFMA may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. CFMA agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. CFMA shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by CFMA or is based on allegations of CFMA's negligent performance or wrongdoing.

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

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2.16 Equal Employment Opportunity. CFMA warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity.

Neither CFMA nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.

2.17 Vendors. CFMA must retain all current vendors of the Los Gatos Farmers' Market, with the exception of vendors who do not comply with CFMA's policies and regulations. Removal of vendors for non-compliance shall be reviewed and approved by the Town Manager unless removal is deemed necessary by the California Department of Food Agriculture or the Santa Clara County Environmental Health Department

2.18 Facility Use Policies. CFMA shall comply, without limitation, to all applicable provisions of the Los Gatos Town Code, with special attention to the provisions of Chapter 19, Parks and Recreation. CFMA shall also comply with any park rules and regulations established by the Town Manager pursuant to Section 19. I 0.025(17) of the Town Code, including those rules set forth in Exhibit E, Town of Los Gatos Park Rules and Regulations. Failure to comply with these policies may result in suspension and/or termination of this agreement.

2.19 Personal Property. Personal property of CFMA shall be CFMA's sole responsibility to acquire, repair, replace and store. Any storage of personal property on the Premises shall require prior approval by the Town. CFMA shall remove all personal property at the expiration or termination of this Agreement, or sooner, as directed by the Town in its sole discretion. Any personal property not so removed with 5 days of notification by the Town shall become the sole property of Town with no compensation.

2.20 Temporary Signage. CFMA shall be permitted to install temporary event signage on the Premises upon approval of an application to the Town of Los Gatos Planning Department pursuant to the provisions of Section 29.10.120 (4) Temporary Signs of the Town Code.

CFMA shall be eligible for temporary event signage. All temporary event signage must include the CFMA logo of such size and placement that it is clear that the signage is for a program or activity sponsored by CFMA. The Town shall charge a single Temporary Signage fee for each year.

III. INSURANCE AND INDEMNIFICATION

3.1 Minimum Scope of Insurance:
i. CFMA agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an

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amount not less than: two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. CFMA agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. CFMA shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. CFMA agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the CFMA; products and completed operations of CFMA, premises owned or used by the CFMA.
ii. The CFMA's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the CFMA's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The CFMA's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

3.3 Workers’ Compensation. In addition to these policies, CFMA shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, CFMA

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shall ensure that all subcontractors employed by CFMA provide the required Workers' Compensation insurance for their respective employees.

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

IV. GENERAL TERMS

4.3 Default Cure and Termination.
a. CFMA shall promptly terminate its use of the Premises at the expiration of this Agreement, leaving the Premises in the same condition it was received, in good order and repair, reasonable wear and tear and damage by the elements excepted. Any personal property not removed by the CFMA within thirty (30) days of the termination of this Agreement shall become the property of the Town and may be disposed of as the Town in its sole discretion deems advisable.
b. If the Town in its sole discretion determines that it requires the Premises for any public purpose, Town may terminate this Agreement upon thirty (30) days written notice. In the event of an emergency, Town may terminate this Agreement immediately upon written notice. "Emergency," for the purposes of this section, is defined as when the Town Council declares a State of Emergency. Upon termination of this Agreement in the event of an Emergency, Town and CFMA will work cooperatively to secure alternative facilities for CFMA programs.
c. CFMA shall be deemed to be in default of its obligations under this Agreement if the Town Manager determines that CFMA is providing services below the established minimum standard of service set forth in this Agreement. In this event, CFMA shall be notified in writing and provided the opportunity to cure the default by providing the Town with a plan for improvement of services required of CFMA by this Agreement provided hereunder within ten (10) business days of receipt of written notice of the

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Town's determination of a default. Said plan shall address each and every service issue referred to in the Town's notice, providing the method for improvement, an explanation, as necessary, for how the method will result in an improvement, and a schedule for the actions necessary to ensure the planned improvement of services. The Town shall review CFMA's plan for improvement and determine within ten (10) business days after receipt of the plan and at its sole discretion whether the plan is satisfactory to cure the default. In the event the plan is not deemed satisfactory, the Town may, at its sole discretion, suspend or cancel this Agreement without incurring any liability to CFMA.
d. CFMA waives all rights of redemption or relief from forfeiture under California Code of Civil Procedure sections 1174 and 1179, and any other present and future law, in the event CFMA is evicted or the Town otherwise lawfully takes possession of the Premises by reason of any default or breach of this Agreement by CFMA.

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

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

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

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
California Farmers’ Markets Association
Attn: Doug Hayden
3585 Clayton Road
Concord, CA 94519
or personally delivered to CFMA to such address or such other address as CFMA designates in writing to Town.

4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.

4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and CFMA. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.

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4.9 No Property Rights. Nothing in this Agreement is in any way intended to establish, convey, create or otherwise grant to CFMA any form of property rights in the Premises, nor shall such rights be established, conveyed, created or otherwise granted by CFMA's use of the Premises pursuant to this Agreement. CFMA hereby acknowledges that it currently has no property interest in the Premises or any improvements thereto or fixtures location thereon, and that any claim it may have to same is hereby and forever waived.

4.10 Damage and Destruction.
a. Damage or destruction of any portion of the Premises by any cause shall not terminate this Agreement or otherwise affect the respective obligations of the two parties, any present or future law to the contrary notwithstanding, except pursuant to the provisions of this Section 19.
b. If because of destruction or damage, a portion of the Premises becomes unsuitable or inadequate for a use, the Town and CFMA shall meet and work cooperatively to identify an alternative location for the use. If the alternative location can be found on Town-owned property, then no modification of the Annual Use Fee shall be made. If no alternative location can be found, or if an alternative location is found that is not on Town-owned property, than CFMA shall be entitled to a prorated refund of the Annual Use Fee, calculated by determining the fee that would have been assessed for the displaced program or activity is if it had been issued a Facility Use Fee Permit. Any such calculation will be based on the Town's approved schedule of Annual Fees and Charges in effect at the time of the program displacement.
c. Under no circumstances does the Town have any obligation to provide CFMA with an alternative property to conduct its operations, and CFMA is solely responsible for obtaining such insurance as the CFMA deems appropriate to protect its interests should damage or destruction to any of the Premises occur. d. CFMA shall be liable for any loss, damage or injury to the Premises as a result of the direct or indirect use of the Premises by CFMA under this agreement.

V. USE OF NAME

5.1 Use of Name. CFMA agrees that the Town has used the name “Los Gatos Farmers’ Market” for the weekly Farmers’ Market in Los Gatos since 1992. The Town hereby grants CFMA a non-exclusive right and license to use the name “Los Gatos Farmers’ Market” in connection with this Agreement and the weekly Farmers’ Market in Los Gatos. Upon expiration or termination of this Agreement, all rights to the name “Los Gatos Farmers’ Market” shall revert exclusively to the Town and CFMA shall relinquish all rights and obligations to use the name “Los Gatos Farmers’ Market” unless a separate written agreement is obtained from the Town.

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IN WITNESS WHEREOF, the Town and CFMA have executed this Agreement.

Town of Los Gatos by: CFMA by:
______________________________ _____________________________ Chris Constantin, Town Manager Doug Hayden, President
Recommended by:
______________________________
Katy Nomura, Assistant Town Manager
Approved as to Form:
______________________________
Gabrielle Whelan, Town Attorney
Attest:
______________________________
Wendy Wood, CMC, Town Clerk

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ITEM NO. 10.

Exhibit A
Market Vendor Booths Map

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ITEM NO. 10.

Plaza Park
Brick Wall
7'11'
6' Tables
6' Tables
6' Tables 6' Tables
9' Umbrellas 9' Umbrellas
Market Vendor Vehicle Market Vendor Vehicle
Bike Lane Line
S. Santa Cruz Avenue
4'4"
Tree
18"
Exhibit B

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ITEM NO. 10.

N1"=60' FARMERS MAIN ST

UNIVERSITY
MONTEBELLO BROADWAY MARKET SANTA CRUZ Install 2 no left-turn signs on A frame and 2 traffic cones Install 6 traffic cones Install 8 traffic cones and one "road closed" sign on A frame Install a no right-turn sign on A frame Install 6 traffic cones, 3 for each driveway FARMERS MARKET ROAD CLOSURE TRAFFIC CONTROL Traffic Cones: Orange 28" Traffic Cone with Reflective Collars ROAD CLOSED 10/29/2018 Exhibit C Page 161 ITEM NO. 10.

TFF Requirements, 4 pages, Rev 1-21-16 1
County of Santa Clara Department of Environmental Health 1555 Berger Drive, Suite 300, San Jose, CA 95112-2716
Phone (408) 918-3400 • www.ehinfo.org

REQUIREMENTS FOR TEMPORARY FOOD FACILITIES (TFF)
AT TEMPORARY EVENTS AND CERTIFIED FARMERS’ MARKETS
Temporary Food Facilities (TFF) or food booths are food operations that operate at approved public events. A health permit is required to operate a TFF whenever food or beverage (unpackaged or prepackaged) is sampled, sold, prepared, or given away to the public.
 Temporary Events include festivals, fairs, entertainment events, cook-offs, etc.  Certified Farmers’ Markets may have food booths operating adjacent to their certified producers section. Markets may operate year-round or seasonally.

PERMIT REQUIREMENTS
All permit applications, applicable documents and fees must be submitted BY the Event Coordinator/Market Manager to DEH at least 2 weeks before the Temporary Event’s start date or the vendor’s Certified Farmers’ Market operation start date.  Each TFF operator must apply for a permit to operate.  TFFs that pre-package foods must have a valid Processed Food Registration from the California Department of Public Health. Visit their website for more information: http://www.cdph.ca.gov/programs/Pages/FDB.aspx  Once the TFF permit application is approved, NO changes may be made without approval of the Department.  The Department of Environmental Health (DEH) conducts risk-based inspections to ensure a safe food operation.  Unauthorized changes to the menu or non-compliance may result in closure of food facility until deficiencies are corrected.
 Re-inspections or routine inspections longer than 20 minutes may be assessed additional fees, in 15-minute increments, at the current rate approved by the Board of Supervisors. As of 7/1/15, the rate is $219.00 per hour.  At events with two or more TFFs, a person or organization must be responsible for shared facilities (e.g., restrooms, general premises maintenance, waste disposal) and must apply for an event coordinator permit.

FOOD BOOTH CONSTRUCTION
ALL food and beverage booths must be constructed with a floor, ceiling and four sides as follows:
 Floor surfaces must be smooth and cleanable.
 Smooth pavement, concrete, asphalt and plywood are approved.  Grass or dirt floors must be covered with approved tarps or plywood.  Ceiling/overhead covering may be canvas, wood, etc.
 Walls must completely enclose the booth on all four sides with no gaps.  Wood, canvas, plastic, 16-mesh fly screening or similar material is approved.  Check with local fire department for cooking booth material requirements.  Pass-thru window openings
 Must not exceed 216 square inches (approximately 1 foot by 1.5 feet) and have tight-fitting closures (e.g., Velcro).
 Shall be spaced a minimum of 18 inches apart.
 Exception: Operations do not need booth sidewalls IF either of the following apply:
 Only PREPACKAGED food or beverages are handled. All food and beverages must be sold or served in original unopened packaging.
 Unpackaged, pre-portioned foods are stored in food compartments of solid construction with tight-fitting lids or access doors. No food handling, such as slicing or scooping, may be conducted.  Booth must be large enough to accommodate all food preparation, handling, and storage needs.  A clearly visible sign must be posted listing the booth name, city, state, zip code, and name of permittee.  The booth name must be at least 3 inches high, with strokes at least 3/8 inches wide.  The city, state, zip code, and name of permittee must use lettering at least 1 inch in height.  Non-profit charitable booths are not required to provide this signage.

The Center for Disease Control and Prevention (CDC) identified the following risk factors as most likely to cause food-borne illnesses:

Poor employee health and hygiene
Improper hot/cold holding temperatures of potentially hazardous foods Improper cooking temperatures of food
Dirty and/or contaminated utensils and equipment
Food from unsafe sources
Exhibit D

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ITEM NO. 10.

TFF Requirements, 4 pages, Rev 1-21-16 2

HANDWASHING
 Operations that handle unpackaged or open foods or beverages must provide handwashing facilities in an easily accessible location INSIDE the food booth.
 Handwash facility must be set up and operational prior to beginning food handling operations. It must be checked frequently and refilled as necessary.
 All food handlers must wash hands with soap and warm water frequently to prevent the contamination of food. This includes, but is not limited to, washing hands before handling food or food-contact utensils, after handling raw animal products, after handing money, after touching your face or hair, and after visiting the restroom.  Handwashing stations shall consist of:
 an insulated container – 2 gallons or more – with a spigot that can lock in the open position for hands-free washing,
 warm potable water,
 liquid hand soap in a pump dispenser,
 paper towels, and
 a catch bucket or tub for wastewater.
 Glove use is not a substitute for handwashing. Hands must be washed prior to donning gloves.

If used, gloves must be food-grade and single-use.
 Hand sanitizer is not a substitute for handwashing. If used, sanitizer must be food-grade and only used after properly washing hands with soap and warm water. Sanitizers must be used according to manufacturer’s directions.

UTENSIL WASHING AND SANITIZING
 Facilities that handle unpackaged or open foods or beverages must provide utensil washing and sanitizing stations INSIDE the temporary facility.
 Utensils include tongs, scoops, knives, pots, cutting boards, thermometers, etc.  Utensil washing stations include three containers filled with potable water. Each container must be large enough to accommodate the largest utensil to be washed.
 Container # 1 – WASH – with soapy water (use dish soap).  Container # 2 – RINSE – with clean and clear water.
 Container # 3 – SANITIZE – with sanitizing solution. Adequate space to AIR DRY all utensils.
 Sanitizing solution may consist of 1 tablespoon unscented household bleach in 2 gallons of water to produce a concentration of 100ppm chlorine. Other approved sanitizers (such as quaternary ammonia or iodine) may be used.  Maintain appropriate sanitizer test strips to monitor sanitizer concentration levels. Replace water and add sanitizer whenever necessary.
 Utensils used for PHFs must be cleaned and sanitized at least once every 4 hours.  Additionally, multi-use cloths must be stored in a solution of sanitizer when not in active use. Sanitizer solution may be prepared as above, but the utensil wash sanitizer container may not be used to store wiping cloths.  Ensure utensils and food contact surfaces are thoroughly washed and sanitized after handling raw animal products.

FOOD PREPARATION AND HANDLING
 All food must be from an approved source.
 Food or beverages stored or prepared in a private home may NOT be offered for sale, sold, or given away.  Exception: Foods prepared by a Cottage Food Operator with a valid Cottage Food permit or registration.  If you will store or prepare foods prior to attending the event/market, you must operate from an approved kitchen.  Maintain copies of invoices/receipts for food, available for review by a DEH Specialist.  All equipment and utensils must be approved by the Department.  Surfaces that come in contact with food must be smooth, easily cleanable, and non-absorbent (e.g., counters, cutting boards, utensils, equipment).
 Do NOT use galvanized or enamel-coated cookware or utensils.  ALL utensils and cooking equipment must be inside the food booth unless otherwise required by the local fire department (see below).
 Food storage and display:
 All food (including ice) and food containers must be stored inside the food booth and off the ground on shelving or pallets.
 Exception: Supplies and non-potentially hazardous foods in unopened original commercial manufacturer’s packaging may be stored outside the enclosed food booth.  Store raw meats and poultry below and separate from ready-to-eat foods.  Example: store raw chicken in an ice chest and store lettuce in a different ice chest.

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ITEM NO. 10.

TFF Requirements, 4 pages, Rev 1-21-16 3
FOOD PREPARATION AND HANDLING (CONTINUED):
 Do not store food or food-contact utensils below or directly adjacent to handwash and utensil wash stations.
 NO open or unpackaged food may be stored or displayed at service counters.  Clearly identify “Display Only” products.
 Self-service condiments must be in single-service packets, pump-type containers, or squeeze containers.
 Beverage ice must be kept separate from ice used for cold-holding foods. Remember, ice is food.  Provide food wash station for raw ingredients. For example, rinse unwashed produce under cold running water.  Minimize bare hand contact with food. Use appropriate utensils such as tongs, food tissue, or disposable gloves whenever practical.

FOOD TEMPERATURES
 Potentially hazardous foods (PHF) must be cooked and held at proper temperatures.  Examples of PHFs include meats, poultry, seafood, cooked rice, cooked beans, cooked vegetables, many cheeses, cut melon, cut tomatoes, tofu, sprouts, etc.  An accurate probe-type metal thermometer (+2F) must be used if PHFs are served.

Clean and sanitize thermometer before and after each use.  All PHFs must be maintained at required temperatures. Maintain temperature logs.

COOKING requirements:

Food must be thoroughly cooked to required minimum internal temperatures.  165F Poultry, stuffed meats, and other stuffed foods  157F Ground beef (hamburger)
 145F Fish, eggs, and pork
RE-HEATING requirements:
 165F Rapidly re-heat potentially hazardous foods before placing in a warming unit.

HOLDING requirements:
 Cold PHFs or beverages must be maintained at or below 45F.  Foods may be maintained at 45F or below for up to 12 hours in a 24-hour period.

At the end of the operating day, the food must be destroyed in an approved manner.  Foods maintained at 41F or below at ALL times may be used the following day.  Hot PHFs (including cooked vegetables) must be maintained at or above 135F.

At the end of the operating day, hot foods must be destroyed in an approved manner.  Adequate hot holding devices are required to actively maintain hot food temperatures.  Adequate supply of ice or refrigeration equipment is required to actively maintain cold food temperatures.
 For food containers stored on ice, ensure ice is packed around the bottom and up all sides of the container. Suggest storing PHFs in small, shallow containers.

EMPLOYEE HEALTH AND HABITS
 Personal items (jacket, purse, keys, cell phone, etc.) stored separate from food operation items.  Employees must maintain good hygiene, including clean fingernails.  No open cuts, sores. Must apply bandage to wound and be self-contained.

If wound is located on hands, must also wear food-grade gloves.  Long hair must be restrained.
 Wear clean clothing.
 No smoking allowed in or around food booth.
 No watches, rings (except a plain solid band), nail polish or artificial nails. If wearing watches, rings, nail polish, or artificial nails, food-grade gloves must also be worn.  Beverages may be consumed IF from a closed container with a straw.  Employees experiencing sneezing, coughing, runny nose, vomiting or lower gastrointestinal symptoms (such a diarrhea) shall not work within the food booth.  Employees with a communicable disease shall be excluded from the food booth.

PLEASE NOTE . . . Food handled improperly or held at unsafe temperatures may be condemned or destroyed by the Department.

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ITEM NO. 10.

TFF Requirements, 4 pages, Rev 1-21-16 4

OPEN-AIR BARBECUE AND DEEP FAT FRYING
 Barbecuing and deep-fat frying may be allowed OUTSIDE an enclosed food booth due to local Fire Code regulations. (Other cooking equipment may be located outside the food booth only IF the local Fire Department requires.)
 Only cooking on the barbeque or fryer may be conducted outside.  All food must be stored and any preparation activities conducted INSIDE an enclosed food booth.  Immediately after cooking, all food must be moved INSIDE a fully-enclosed food booth for further preparation, hot holding, or service.
 NO food storage, preparation, assembly, or hot-holding may be conducted outside the food booth.  Perimeter fencing or barriers must be provided around open-air barbecue or deep fat frying areas to prevent contamination of food and injury to the public.
 Contact the local Fire Department regarding fire regulations and any necessary permits.

WASTE DISPOSAL
 Wastewater
 A leak-proof container for liquid waste must be provided INSIDE each food booth.  All liquid waste must then be disposed of into approved containers (e.g., graywater bins) or to an approved sanitary sewer.
 Wastewater may NOT be disposed to vegetation, dirt, streets, or storm drains.  Trash
 A solid container for food waste, garbage, and refuse must be provided INSIDE each food booth.

All food waste and garbage must be stored in leak-proof containers and disposed of into approved dumpsters or garbage cans.
 Grease
 Cooking or deep fat fryer grease must be disposed of in a safe and sanitary manner such as a tallow container.  Spent charcoal and briquettes must be disposed of in a safe and sanitary manner.

TOILET FACILITIES
 Approved toilet facilities (one per 15 food employees) must be provided within 200 feet of each TFF.  When portable toilets are used, they must be provided with an adequate number of handwashing stations equipped with adequate supplies of water and liquid soap and paper towel in mounted dispensers.

ADDITIONAL REQUIREMENTS
 A designated person in charge must be present at all times.  Post the Environmental Health Permit in public view in your TFF.  An adequate supply of potable water must be provided from an approved source.

Any connections and hoses utilized must be food grade.
 Green garden hoses are not food-grade.
 In some cases, a backflow prevention device may be required on the faucet/hose bib.  Maintain all equipment (food containers, handwash station, utensil wash station, ice chests, etc.) in good condition and kept clean of food debris and residue build-up.  Live animals are NOT allowed within 20 feet of a TFF.  Exceptions: guide dogs, signal dogs, or service dogs.  Any chemicals and cleaners used must be approved for use in food facilities.  Store chemicals and cleaning supplies below and separate from food and food contact utensils.
 Light fixtures over food or food preparation areas must have shatterproof light bulbs or covers.  During inclement weather, ensure food is protected. Examples include:
 Keep food protected and covered when bringing into enclosed food booth from the BBQ/fryer.  Consider non-permeable materials for booth construction.  Do not locate food booth where rain or water run-off may occur.  Other permits or approvals may be required for your event. Contact the local city, county and/or fire department.

For more information and documents, visit our website at www.ehinfo.org NOTE: There are different TFF permit applications specific to each program, Temporary Events and Certified Farmers' Markets.

Page 165 ends

ITEM NO. 10.

County of Santa Clara Department of Environmental Health 1555 Berger Drive, Suite 300, San Jose, CA 95112-2716
Phone 408-918-3400 • www.ehinfo.org
3‐15

TEMPORARY FOOD FACILITY BOOTH CONSTRUCTION
At minimum, all temporary food facilities must have approved flooring and overhead protection. If unpackaged food is prepared, the temporary food facility must be fully enclosed with 4 sidewalls.

FLOORING:

Floor must be smooth and cleanable, such as concrete, asphalt, tight wood or located inside buildings.  If the booth will be located on grass, dirt, decomposed granite, or other porous material, additional flooring material such as a tarp or tight wood, must be provided.  While the above‐shown flooring materials are approved by this department, the local Fire Department may not approve the use of blue poly‐tarps in cooking booths as they are considered flammable. Check with the local Fire Department for their requirements.

OVERHEAD PROTECTION:

Overhead protection (wood, canvas or other materials) must be provided to protect the facility from precipitation, dust, bird and insect droppings, and other contaminants.  Activities allowed under a canopy only (no sidewalls required) include:
 Selling pre‐packaged foods only.
o Examples:  bottled sauces, containers of hummus, tamales (in husk).  Sampling pre‐packaged or pre‐portioned food samples.  Examples:
o Sauce (stored in squeeze bottles) is distributed into a sample cup for customer. o Pre‐cut bread cubes (prepared in approved kitchen and stored in a shaker bottle) are dispensed to the customer.  Oil (from bottle with pour spout) is drizzled over bread sample. o Dip pita chip (stored in food compartment) into hummus and serve to customer.  Storing pre‐portioned, unpackaged food items (e.g., cookies, cupcakes, donuts, samosas) in food compartments; served by operator to customers upon order using tongs or tissue.  No self‐service. o Food compartment must be of solid construction with a tight‐fitting lid/door and must fully enclose all food, food‐contact surfaces and the handling (service) of non‐prepackaged food.

ENCLOSURE/SIDE WALLS:

A fully‐enclosed booth with 4 sidewalls is required for operations conducting food preparation activities, such as food assembly, portioning, slicing, cooking, etc.

Food preparation examples:
 Slicing food (e.g., cake, bread, pies) and serving to customer.  Scooping food (e.g., ice cream, salsa, soup) and serving to customer.  Mixing a packet of spices/seasonings into sour cream.

Construction:
 Booth sidewalls shall be tight‐fitting with no gaps, except for window openings.  Screening shall be at least 16 mesh per square inch.
 Window openings are limited to 216 square inches (approximately 1 foot x 1.5 feet)

Page 166 ends

ITEM NO. 10.

County of Santa Clara Department of Environmental Health 1555 Berger Drive, Suite 300, San Jose, CA 95112-2716
Phone 408-918-3400 • www.ehinfo.org
Warm Water Requirement at CFM and TE, 10/14 1

WARM WATER REQUIREMENT FOR HANDWASHING
AT CERTIFIED FARMERS’ MARKETS AND TEMPORARY EVENTS
Effective January 1, 2015, DEH will be enforcing the CalCode requirement for warm water (100F) for handwashing. If a hard‐plumbed sink with hot and cold potable water is not available, warm potable water may be stored in an insulated food‐grade container with a spigot that can remain locked in the open position and that is capable of maintaining water warm.

There are some containers with a push button spigot that can be retrofitted with lever‐type spigots. These may be available from the manufacturer or from water container filling stores.

All materials must be food‐grade and must use potable water supply.

Options for obtaining warm water for handwashing include, but are not limited to:
 Heating water at the commissary then filling insulated water containers;  Use a hot water heater (such as a coffee maker), then then mix with cold water;  Heating water in a clean pot over a range/griddle in the food booth.

A handwash station is required to be
operational inside the food booth if
unpackaged food is handled prior to any food
handling,
 Insulated water container with spigot
that locks in open position
 WARM WATER
 Liquid soap
 Catch bucket
 Paper towels

Page 167 ends

ITEM NO. 10.

Warm Water Requirement at CFM and TE, 10/14 2
Here is a list of resources you may research further.  These are NOT recommendations or endorsements.  You must still verify the products are food‐grade, may store warm water and meet the department requirements. Check with the manufacturer. www.cambro.com
www.webstaurantstore.com
www.carlislefsp.com
Search: insulated beverage
www.buddeez.com
This is a double‐walled dispenser.
www.igloocoolers.com
Igloo’s website shows a lever‐type spigot
replacement part.  Description states it fits all Igloo 2, 3, 5 & 10 gallon beverage coolers.
www.rubbermaidcommercial.com
Search: insulated beverage
www.amazon.com
You may try searching for:  lever spigot
www.walmart.com
Search:  Mainstays 2‐Gal Double Wall Dispenser
Some filtered water filling stores have a retrofit spigot with lever that may fit some insulated beverage dispensers that have a push‐button spigot.

This document with website hyperlinks may be found on our website: www.ehinfo.org

Page 168 ends

ITEM NO. 10.

Pre-Packaged Food Items With Sampling
3/11 1 of 2
County of Santa Clare Department of Environmental Health allows for the sale non-agricultural food products adjacent to Certified Farmers' Markets (CFM) provided that the following requirements are met:

Permit Requirements
 Every food facility booth shall not be open for business without a valid issued by the County of Santa Clara Department of Environmental Health.
 The permit MUST be posted in a conspicuous place in the food facility.

Signage Requirements
 The name, City, State and zip code, and telephone number of business and name of the permitted individual, if different from business name, shall be legible, clearly visible to patrons. The name shall be in letters at least 3 inches high; shall have strokes at least 3/8 inch wide; and shall be easily readable. Letters and numbers for address and telephone numbers shall not be less than one inch high.

Food Handling and Storage-
 All food shall be from an approved source. No food or beverage stored or prepared in a private home may be offered for sale, sold, or given away.
 All sampling needs to be prepared in advance in an approved food facility.  Cold potentially hazardous foods or beverages shall be maintained at or below 41 F.  Hot potentially hazardous food or beverages shall be maintained at or above 135 F.  During periods of non-operation, all food and equipment shall be stored in an approved facility.  No cooking/reheating is allowed at or near food booths.  Food contact surfaces shall be smooth, easily cleanable, and nonabsorbent. Do not use galvanized or enamel-coated cookware. All food related and utensil related equipment shall meet or be equivalent to approved applicable sanitation standards or approved by the County of Santa Clara Department of Environmental Health.
 All food and food containers shall be stored off the floor and either on shelving or pallets.  Tongs, disposable gloves, or single-service tissue shall be used to serve food whenever practical.  All food samples shall be protected from possible contamination by means of a sneeze guard or by use of an approved container with lid or by a method approved by this department.  Smoking is prohibited at food booths/vehicles.

Handwashing for Operators That Offer Food Samples
 Operators that offer food samples MUST provide handwashing facilities inside the food booth.  All food handlers must wash hands frequently to prevent the contamination of food. This includes, but is not limited to, washing hands BEFORE handling food, AFTER visiting the restroom and AFTER using tobacco products.  Each facility MUST provide a gravity flow handwashing set-up consisting of:
 a container – 2 gallons or more – with a spigot that can lock in the open position,
 pump soap,
 paper towels, and
 a catch bucket or tub for wastewater.
 Handwashing facilities MUST be checked frequently and refilled when needed.

County of Santa Clara ● Department of Environmental Health ● Consumer Protection Division 1555 Berger Drive, Suite 300 ● San Jose CA 95112-2716 ● 408-918-3400 ●fax 408-258-5891 ● www.EHinfo.org

Page 169 ends

ITEM NO. 10.
12/11 2 of 2
Utensil Washing and Sanitizing for Operators That Offer Food Samples Operators that offer food samples MUST provide utensil washing and sanitizing facilities or use single use food utensils.
 Utensil washing set-up includes three containers filled with potable water. Each container MUST be large enough to accommodate the largest utensil to be washed.  Container # 1 – WASH – with soapy water.
 Container # 2 – RINSE – with clean and clear
water.
 Container # 3 – SANITIZE – with sanitizing
solution. Replace water and add sanitizer
whenever necessary.
 Adequate space to air dry all utensils.
 A sanitizing solution MUST be provided for cloths used to wipe spills on food contact surfaces. (Sanitizing
solution may consist of 1 tablespoon household bleach
for two gallons of water for 100ppm chlorine concentration. Other approved sanitizers may be used.)  Maintain sanitizer test strips to check for the proper level of sanitizer.

Wastewater
 Liquid waste shall be disposed of in approved liquid waste containers and then deposited into the sanitary sewer.

Garbage and Refuse
 Garbage and refuse material shall be stored in leak-proof containers and be disposed of into dumpsters or garbage cans.

Food handled improperly or held at unsafe temperatures may be condemned or destroyed by the Department of Environmental Health.

Page 170 ends

ITEM NO. 10.

Parks & Public Works Department • 41 Miles Ave., Los Gatos, CA 95030 408.399.5781 • www.losgatosca.gov • [email protected]

TOWN OF LOS GATOS

PARKS RULES AND REGULATIONS

HOURS
• Parks are open from 8:00 a.m. until one-half hour after sunset. • Town trails are open from 7:00 a.m. to sunset (unless posted otherwise).

RESERVATIONS ONLINE
• Reservations must be completed online at www.losgatosca.gov/parkres or in person at the Parks and Public Works Department by appointment only. Reservations by phone are not accepted.
• Reservations must be made at least 72 hours prior to the requested reservation date. • Reservations are required for Oak Meadow Park (picnic areas #1-9), and the Town neighborhood parks (Bachman, Belgatos, Blossom Hill, La Rinconada, and Live Oak Manor). • Reservations are not applicable to Creekside Sports Park. • Reservations are confirmed once payment has been made online by Visa or MasterCard only. • All credit card information is processed through a secure service and the data is encrypted for transmission. Credit card information is not stored in our reservation system. • Single family areas are available in Oak Meadow Park on a first-come, first-serve basis, with a maximum of two tables allowed for a group of 25 or less. • Changes to location and date of reservation can be made by contacting the Parks & Public Works Department.

CANCELLATION REQUESTS/REFUND POLICY
• If a reservation is canceled more than 5 days before the reservation date, a refund is available minus a $25 non-refundable cancellation fee*.
• If a reservation is cancelled less than five (5) days prior to the reservation date, no refunds are available.
• *The 2.4% credit card fee is non-refundable for all cancellations and refunds. • Cancellations cannot be done online. Customers must contact the Parks and Public Works Department to cancel a reservation.
• Reservation fees are non-transferable, assigned, or sublet. • Refunds are processed by check only and are mailed within four (4) weeks of cancellation.

No online credits are issued.

RAIN POLICY
• Full refunds are issued only in the event the park is closed due to inclement weather. • A one-time rescheduling offer will be given if customer notifies the Parks Department within 72 hours of reservation.

Exhibit E

Page 171 ends

ITEM NO. 10.

PAGE 2 OF 5

PARKS RULES AND REGULATIONS
Parks & Public Works Department • 41 Miles Ave., Los Gatos, CA 95030 408.399.5781 • www.losgatosca.gov • [email protected]

PARKS SPECIAL USE PERMIT
If you or your organization is planning an event in a park or trail it may require a Parks Special Use Permit approved by the Parks and Public Works Department. This process is not available through the Town’s online reservation program.

A Parks Special Use Permit may be required for some of or all the following elements:
• Use of 3 or more sites and groups of 100 or more in Oak Meadow Park • Groups of 25 or more at any of the Town's neighborhood parks • Organized recreational/class activities
• Runs, weddings, etc.

Parks Special Use Permit Application must be submitted sixty (60) days prior to event. Permits cannot be transferred, assigned, or sublet.

CATERER/VENDOR REQUESTS
• Use of caterers and/or vendors MUST be requested no less than thirty (30) days prior to the scheduled event and are subject to approval.
• Permit holder must provide a list of any vendors at least 30 days prior to the event. • All vendors must park on the street or in designated parking lots. (Town Code Section

19.10.035.)
• If approved, the caterer and/or vendor must submit the following, no later than fourteen (14) days prior to the scheduled event to the Parks and Public Works Department:
 Proof of Town of Los Gatos Business License
 Certificate of Insurance per the Town of Los Gatos Insurance Requirements • I/we agree to require any vendor to indemnify the town of Los Gatos, its elected and appointed officials, employees, and agents (the “Town”) and to provide the following insurance with endorsements listing the Town as an additional insured and stating that the insurance is primary with regard to the Town.
• Permit holder is responsible for cleanup after the event. If the Town is required to do cleanup after the event, the permit holder will be invoiced for the Town’s costs. (Town Code Sections 19.10.025, 19.30.025.)
• Mobile game trucks and inflatable games (i.e., bubble soccer, hamster ball, etc.), petting zoos, and pony rides are NOT ALLOWED.
• Unauthorized caterers and/or vendors will be removed from the park.

Page 172 ends

ITEM NO. 10.

PAGE 3 OF 5

PARKS RULES AND REGULATIONS
Parks & Public Works Department • 41 Miles Ave., Los Gatos, CA 95030 408.399.5781 • www.losgatosca.gov • [email protected]

JUMP HOUSE
• Jump houses are allowed in select parks, group areas, and picnic areas for an additional fee and require a park reservation.
• Jump houses can only be rented from companies that have an approved Town of Los Gatos Business License and Certificate of Insurance naming the Town as additional insured. The following jump house company is pre-approved and are subject to change. • Astro Jump – 408-292-7876
• Jumper House Party – 650-740-3555
• Rocket Jumpers – 408-603-6704
• TJ’s House of Bounce – 408-334-7135
• Bounce Bay Area – 408-809-1309
• Yoyo Jump – 408-471-9696
The Town of Los Gatos has no affiliation with bounce house vendors and does not recommend one over the other. The Town recommends customers research the vendors, their fees, services, and reputation before entering a contract.
• Jump houses must be placed a minimum of 60 feet from the residential fence line. • Jump houses are allowed at the following neighborhood parks:
• Bachman
• Belgatos
• Blossom Hill
• La Rinconada
• Live Oak Manor

JUMP HOUSE
• Jump houses are not allowed in or near the following areas in Oak Meadow Park:
 Single family areas
 Playground area
 Picnic Areas #1, #2, and #7
• Jump houses with water features are NOT allowed.

VEHICLE ESCORT
• Vehicle escorts may be requested for caterer and/or vendor requests only. • Vehicle escorts are allowed in select parks, group areas, and picnic areas for an additional fee and require either a parks reservation or Parks Special Use. • Vehicle escorts are not permitted at Oak Meadow Park, area 1, 2 &7. • Vehicle escorts are limited to one vehicle only (one entry and one exit in the park). No multiple vehicle escorts allowed.

Page 173 ends

ITEM NO. 10.

PAGE 4 OF 5

PARKS RULES AND REGULATIONS
Parks & Public Works Department • 41 Miles Ave., Los Gatos, CA 95030 408.399.5781 • www.losgatosca.gov • [email protected] • Parking is allowed only in designated parking lot spaces.

ALCOHOL
• Beer and wine are allowed with food and must not leave the picnic area. • No hard liquor is allowed.

BARBECUES
• Barbecuing is not allowed one hour prior to sunset.
• Personal/portable barbecues (gas only) are only allowed in reservable picnic areas, as well as existing and designated barbecue areas in the following parks:
 Blossom Hill Park (located near Baggerly Field and restroom)  La Rinconada Park
 Oak Meadow Park (located in Picnic Areas 1 through 9 and the single-family area closest to the playground)
• Charcoal is only allowed in the large barbecue pits located in reservable picnic areas, as well as existing and designated barbecues in certain parks indicated above. • Allow fires in barbecue pits to burn out. Do not use water as it will damage the grill and barbecue pit.
• Barbecues are not allowed in the following parks or fields:
 Bachman Park
 Balzer Field
 Belgatos Park
 Blossom Hill Park (Group Area only)
 Live Oak Manor Park
 Pageant Grounds Park
 Town Plaza
 Howes Play Lot
 Oak Hill Play Lot

DECORATIONS AND SIGNS
• Tacks, nails, and staples may not be used on tables and trees for decorations and signs. • Decorations must not interfere with other picnic areas and must be cleaned up and removed before leaving the park.
• Directional signs may be posted within picnic area or group area only and must be removed before leaving the park. Posting of these signs at the front entrance (curb, gutter, fence, and sidewalk) of the park is prohibited.

Page 174 ends

ITEM NO. 10.

PAGE 5 OF 5

PARKS RULES AND REGULATIONS
Parks & Public Works Department • 41 Miles Ave., Los Gatos, CA 95030 408.399.5781 • www.losgatosca.gov • [email protected] DOGS
• Town Code Section 4.40.005 - Restraint of Dogs: The owner or person with the right to control any dog shall keep such dog under his or her own physical restraint by means of a leash not to exceed six (6) feet in length.
• Pet owners are required to clean-up after their pets.

SETUP AND CLEAN-UP
• Customer is responsible for the general setup and clean-up of the reserved group and picnic areas.
• Clean-up includes the removal of all food, decorations, directional signs, and equipment.

Trash and recycle receptacles are located in each area. Customer or park visitor shall provide means to clean up area, including extra trash bags. Customer will be charged for additional clean-up.

SMOKING
• Smoking and electronic smoking devices are prohibited in all parks and trails.

SOUND
• Loud music is prohibited at all times.

MISCELLANEOUS
Allowed:
• Volleyball and badminton nets
• Canopies - no more than two 12’ x 12’ in each area
• Portable music devices
• Portable pickleball nets
Not Allowed:
• Egg toss, piñatas, water balloons, confetti, and rice • Hover boards and skateboards
• Radio controlled airplanes, helicopters, and drones
• Water slides and Slip ‘N Slides
• Organized sports without Parks Special Use Permit

Page 175 ends

ITEM NO. 10.

PREPARED BY: Janette Judd
Executive Assistant to the Town Manager and Town Council Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
ITEM NO: 11
DATE: December 6, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt Council Committee Appointments Effective January 1, 2025 RECOMMENDATION:

Adopt Council Committee Appointments effective January 1, 2025.

REMARKS:

Recommended Appointments:

The Mayor is recommending Council Members to Town Boards and Committees and various regional Commissions, Boards, and Committees, as shown on the attached 2025 Council Committee Appointment Roster (Attachment 1). While the Mayor makes the recommendations, the Council needs to consider and vote on them.

Role of Members and Alternates:

The appointed Member is the primary attendee and voting participant for the Committee(s) to which they are appointed. If a Member cannot attend, the Alternate should attend on the Member’s behalf as the Los Gatos representative and voting participant.

Alternates may attend a meeting as a member of the public in the audience when the Member is in attendance. In these circumstances, the Alternate may not vote or take other action that may affect the primary’s effectiveness on the Committee.

Attachments:

1. 2025 Council Committee Appointment Roster

Page 176 ends

ITEM NO. 11.
*Draft* 2025 COUNCIL COMMITTEE APPOINTMENTS Rev.Dec.2024 Council Consideration for Adoption December 17, 2024 - - Effective January 1, 2025 Name of Committee Purpose 2025 Appointee 2025 Alternate 2025 Meeting Schedule
*Tentative* based on
2024
Location Contact Person(s)
Community Health and
Senior Services
Committee (CHSSC)
Appointee serves as Council
liaison to the Commission
and not a voting member.

Matthew Hudes N.A. Town of Los
Gatos Council
Chambers, 110
East Main St.,
Los Gatos, CA
95030
Conceptual
Development Advisory
Committee
The Conceptual Development
Advisory Committee advises
prospective applicants about
their proposed projects'
compliance with Town
regulations prior to initiating
the development review
process. The Committee also
identifies potential issues
with proposals that should be
addressed in the review
process.

Two Appointees:

Mary Badame
and
Maria Ristow
N.A. Monthly
2nd Wed
4:30 p.m.

Town of Los
Gatos Council
Chambers, 110
East Main St.,
Los Gatos, CA
95030
Joel Paulson, Director
of Community
Development
(408) 354-6879
tmpB755.tmp 12/12/2024 1

Page 177 ends

ITEM NO. 11.

Name of Committee Purpose 2025 Appointee 2025 Alternate 2025 Meeting Schedule
*Tentative* based on
2024
Location Contact Person(s)
Council Policy
Committee
The Town Council Policy
Committee reviews and
recommends changes to
Town Council Policies,
ordinances, and other
documents.

Two Appointees:

Matthew Hudes
and
Mary Badame
N.A. (2020-2024
schedule:

Monthly
4th Tuesday,
5:00 p.m.)
2025 Meeting
Schedule To Be
Confirmed
Town of Los
Gatos Council
Chambers, 110
East Main St.,
Los Gatos, CA
95030
Chris Constantin,
Town Manager
(408) 354-6832
Finance Commission Established December 2020,
the Finance Commission
advises the Town Council on
budgetary and fiscal matters.

Resident appointments
established January 19,
2021.

Two Appointees
(one of whom
needs to be
Mayor or Vice
Mayor)
Matthew Hudes
and
Rob Moore

N.A. (2021 to 2024
schedule:

Monthly
2nd Monday,
5:00 p.m.)
2025 Schedule
anticipated to
continue 2nd
Monday, monthly
Town of Los
Gatos Council
Chambers, 110
East Main St.,
Los Gatos, CA
95030
Gitta Ungvari,
Finance Director
(408) 354-6805
tmpB755.tmp 12/12/2024 2

Page 178 ends

ITEM NO. 11.

Name of Committee Purpose 2025 Appointee 2025 Alternate 2025 Meeting Schedule
*Tentative* based on
2024
Location Contact Person(s)
General Plan
Committee
The Town General Plan
Committee is responsible for
developing land use policy
for the General Plan or any
specific plan.

Two Appointees:

Maria Ristow
and
Rob Rennie
N.A. (Held/Cancelled as
needed*)
*Monthly,
2nd & 4th
Wednesdays,
5:30 p.m.

Town of Los
Gatos Council
Chambers, 110
East Main St.,
Los Gatos, CA
95030
Joel Paulson, Director
of Community
Development
(408) 354-6879
tmpB755.tmp 12/12/2024 3

Page 179 ends

ITEM NO. 11.

Name of Committee Purpose 2025 Appointee 2025 Alternate 2025 Meeting Schedule
*Tentative* based on
2024
Location Contact Person(s)

OUTSIDE AGENCIES' COMMITTEES
Association of Bay Area
Governments (ABAG)
General Assembly
The Association of Bay Area
Governments (ABAG)
General Assembly is a
regional agency that
represents 9 Bay Area
Counties and all cities within
those Counties. Membership
is voluntary and the Town is
a member. The ABAG
General Assembly determines
the fair share housing
allocations to each city and
county as required by the
State and other matters.

Rob Rennie Rob Moore Generally meets
twice annually
(Spring TBD
Fall TBD)
Special Meetings
as needed.

Spring and Fall
Locations TBD
Fred Castro
fcastro@bayareametro
.gov
(415) 820-7913
Town Staff Contact:

Chris Constantin,
Town Manager
(408) 354-6832
tmpB755.tmp 12/12/2024 4

Page 180 ends

ITEM NO. 11.

Name of Committee Purpose 2025 Appointee 2025 Alternate 2025 Meeting Schedule
*Tentative* based on
2024
Location Contact Person(s)
League of California
Cities
(Peninsula Division)
The League of California
Cities is a State-wide
organization that represents
the member cities, holds
conferences, provides
training sessions, and lobbies
the legislature. The League
Peninsula Division is the
regional division of the
League of California Cities
which discusses and
addresses legislative issues
from a regional perspective.

Rob Moore Matthew Hudes Quarterly Meeting:

January
March
May
September
Other:

April (Legislative
Action Day &
Reception)

June TBD
Mayors and Council
Members Executive
Forum
Location: TBD
October TBD
Annual Conference
Location: TBD
TBD (Varies) Seth Miller
[email protected]
(415) 595-8629
Town Staff Contact:

Chris Constantin,
Town Manager
(408) 354-6832
tmpB755.tmp 12/12/2024 5

Page 181 ends

ITEM NO. 11.

Name of Committee Purpose 2025 Appointee 2025 Alternate 2025 Meeting Schedule
*Tentative* based on
2024
Location Contact Person(s)
Santa Clara County
Housing and
Community
Development Advisory
Committee
The Committee is composed
of City Council members of
the eight participating nonentitlement cities and one
member of the Board of
Supervisors who is the
chairperson. The Committee
makes policy
recommendations to the
Board of Supervisors on the
planning, monitoring, and
evaluation of the HCD
Program and the
development of a
comprehensive, coordinated
housing and community
development plan.

Mary Badame Rob Moore Scheduled as
needed.

Typically:

February
March
October
2310 N. 1st
Street (at
Charcot)
Charcot Training
Center, Suite 100
San Jose
Housing and
Community
Development
Offices of Santa Clara
County – Office of
Affordable Housing
70 West Hedding
Street, 7th Floor
San Jose, CA 95110
Town Staff Contact:

Chris Constantin,
Town Manager
(408) 354-6832

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ITEM NO. 11.

Name of Committee Purpose 2025 Appointee 2025 Alternate 2025 Meeting Schedule
*Tentative* based on
2024
Location Contact Person(s)
Santa Clara County
Cities Association
(CASCC)
Board of Directors
The Santa Clara County
Cities Association Board of
Directors provides a unified
voice for all member cities
with respect to regional,
state, and federal agency
activities that impact local
government. The Board
advocates for member cities
by monitoring and engaging
in the regional, state, and
federal legislation processes.

Matthew Hudes Rob Moore Monthly - 2nd
Thursday
7:00-9:00 p.m.

Note:

April TBD
(General
Membership
Meeting with
City Managers)
December TBD
(General
Membership –
Holiday Party)
TBD Shali Sirkay
(Acting) Executive
Director
Santa Clara County
Cities Association
505 W. Olive Avenue,
Suite 749
Sunnyvale, CA 94086
Executive_Director@
citiesassociation.org
(408) 730-7770
Town Staff Contact:

Chris Constantin,
Town Manager
(408) 354-6832
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ITEM NO. 11.

Name of Committee Purpose 2025 Appointee 2025 Alternate 2025 Meeting Schedule
*Tentative* based on
2024
Location Contact Person(s)
Santa Clara County
Cities Association
(CASCC)
Legislative Action
Committee
The Santa Clara County
Cities Association Legislative
Action Committee reviews the
legislative priorities that the
Board of Directors sets for
the year. The Committee
tracks State/Federal
legislation related to those
priorities and makes
recommendations to the
Board.

Historically, the same
appointee serves on the
Cities Assoc. Board, as the
meetings occur back-to-back.

Rob Moore Matthew Hudes Meets as needed
(2nd Thursday of
each month prior
to SCCCA Board
Meeting
(See SCCCA
Board of Directors
meeting dates on
page 6)
TBD Shali Sirkay
(Acting) Executive
Director
Santa Clara County
Cities Association
505 W. Olive Avenue,
Suite 749
Sunnyvale, CA 94086
Executive_Director@
citiesassociation.org
(408) 730-7770
Town Staff Contact:

Chris Constantin,
Town Manager
(408) 354-6832
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Page 184 ends

ITEM NO. 11.

Name of Committee Purpose 2025 Appointee 2025 Alternate 2025 Meeting Schedule
*Tentative* based on
2024
Location Contact Person(s)
Santa Clara County
Cities Association
(CASCC)
City Selection
Committee
The City Selection Committee
makes appointments to
LAFCO, MTC, and the
Recycling and Waste
Reduction Commission, and
recommendations to the
County Board of Supervisors
for appointment to the Bay
Area Quality Management
District Board.

Historically, the same
appointee serves on the
Cities Assoc. Board, as the
meetings occur back-to-back.

Matthew Hudes Rob Moore Meets as needed
(2nd Thursday of
each month prior
to SCCCA Board
Meeting – 6:00 or
6:15 p.m.)
(See SCCCA
Board of Directors
meeting dates on
page 6)
TBD Shali Sirkay
(Acting) Executive
Director
Santa Clara County
Cities Association
505 W. Olive Avenue,
Suite 749
Sunnyvale, CA 94086
Executive_Director@
citiesassociation.org
(408) 730-7770
Town Staff Contact:

Chris Constantin,
Town Manager
(408) 354-6832
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Page 185 ends

ITEM NO. 11.

Name of Committee Purpose 2025 Appointee 2025 Alternate 2025 Meeting Schedule
*Tentative* based on
2024
Location Contact Person(s)
Santa Clara Valley
Water District (Valley
Water) Commission
The Commission serves in an
advisory capacity to the
Valley Water Board
regarding water-related
matters. The Valley Water is
responsible for flood control,
water supply, and other
water-related infrastructure
for the County of Santa
Clara.

Rob Rennie Maria Ristow Quarterly
4th Wednesday
12:00 p.m. to 2:00
p.m.

Typically:

January
April
July
October
Santa Clara
Valley Water
District,
Headquarters
Building
Boardroom,
5700 Almaden
Expressway, San
Jose, California
95118
Glenna Branbill
Valley Water
5750 Almaden
Expressway
San Jose, CA 95118
GBrambill@valleywat
er.org
(408) 630-2408
Town Staff Contact:

Nicolle Burnham,
Director of Parks &
Public Works
(408) 399-5770
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Page 186 ends

ITEM NO. 11.

The VTA Board is comprised
of elected officials from cities
and the County.

Maria Ristow Rob Rennie Monthly
2nd Thursday
4:00 p.m.

Santa Clara
Valley
Transportation
Authority
3331 N. First,
Building B -
Room B-104
San Jose, CA
95134-1906
Michelle Garza
Board Assistant
Santa Clara Valley
Transportation
Authority (CMP)
3331 N. First Street
San Jose, CA 95134
[email protected]
(408) 546-7977
Town Staff Contact:

Nicolle Burnham,
Director of Parks &
Public Works
(408) 399-5770
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Page 187 ends

ITEM NO. 11.

Name of Committee Purpose 2025 Appointee 2025 Alternate 2025 Meeting Schedule
*Tentative* based on
2024
Location Contact Person(s)
Santa Clara Valley
Transportation
Authority (VTA) State
Route 85 Corridor
Policy Advisory Board
(SR85 PAB)
Formed in 2015, the VTA
State Route 85 Corridor
Policy Advisory Board (SR85
PAB) studies the long-term
transit and transportation
plans to serve the SR 85
Corridor and advises the
VTA Board of Directors on
the scope, funding and
construction of both nearand long-term transit and
transportation improvement
projects for this corridor.

Maria Ristow Rob Rennie Quarterly,
Mondays,
10:00 a.m. to
12:00 p.m.

Typically:

April
May
September
December
TBD Michelle Garza
Board Assistant
Santa Clara Valley
Transportation
Authority (CMP)
3331 N. First Street
San Jose, CA 95134
[email protected]
(408) 546-7977
Town Staff Contact:

Nicolle Burnham,
Director of Parks &
Public Works
(408) 399-5770
Silicon Valley Animal
Control Authority
(SVACA)
JPA Board of Directors
*New appointment with
the Town joining the
JPA in 2024
Mary Badame,
Director
Representative
Rob Moore,
Alternate
Director
Representative
Monthly 3rd
Wednesday, 8:30
a.m.

Silicon Valley
Animal Control
Authority (3370
Thomas Rd,
Santa Clara, CA
95054)
Heidi Springer
[email protected]
Town Staff Contact:

Chris Constantin,
Town Manager
(408) 354-6832
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Page 188 ends

ITEM NO. 11.

Name of Committee Purpose 2025 Appointee 2025 Alternate 2025 Meeting Schedule
*Tentative* based on
2024
Location Contact Person(s)
Silicon Valley Clean
Energy
(SVCE)
Formed March 2016, the
Silicon Valley Clean Energy
is a local, public non-profit
that will purchase cleaner
energy on the open market
for residents and businesses
in participating communities.

Decisions are made through
the Board of Directors, which
is composed of a
representative from each
member community.

Participating jurisdictions
include Campbell, Cupertino,
Gilroy, Los Altos, Los Altos
Hills, Los Gatos, Monte
Sereno, Morgan Hill,
Mountain View, Saratoga,
Sunnyvale and the
unincorporated parts of
Santa Clara County.

Rob Rennie Maria Ristow Monthly 2nd
Wednesday
7:00 p.m.
(or as needed)
Cupertino
Community Hall
10350 Torre
Avenue,
Cupertino, CA
95014
Andrea Pizano, Board
Clerk/Executive
Assistant
333 W. El Camino
Real, Ste. 290
Sunnyvale, CA 94087
Andrea.Pizano@svcle
anenergy.org
(408) 721-5301x1005
or (844) 474-7823
Town Staff Contact:

Chris Constantin,
Town Manager
(408) 354-6832
and
Nicolle Burnham,
Director of Parks &
Public Works
(408) 399-5770
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Page 189 ends

ITEM NO. 11.

Name of Committee Purpose 2025 Appointee 2025 Alternate 2025 Meeting Schedule
*Tentative* based on
2024
Location Contact Person(s)
Solid Waste
Management Joint
Powers Agency (JPA)
Board of Directors
The Solid Waste Management
Joint Powers Agency (JPA)
Board of Directors reviews
issues related to the solid
waste management franchise,
disposal, recycling, and yard
waste agreement.

Mary Badame Maria Ristow Quarterly
1st Thursday of the
month
5:00 p.m.

February
May
September
November
Monte Sereno
City Hall
18041 SaratogaLos Gatos Road
Monte Sereno
Marva M. Sheehan,
CPA
Vice President
Hilton, Farnkopf &
Hobson (HF&H)
Consultants, LLC
201 North Civic
Drive, Suite 230
Walnut Creek, CA
94596
Phone (925) 977-6961
Fax (925) 977-6955
Email:
msheehan@hfhconsultants.com
Town Staff Contact:

Nicolle Burnham,
Director of Parks &
Public Works
(408) 399-5770
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Page 190 ends

Los Gatos City CouncilDecember 17, 2024

Los Gatos City Council
December 17, 2024