Los Gatos City Council
August 19, 2025

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). You may watch the Council meeting without providing public comment on Comcast cable channel 15 or at www.LosGatosCA.gov/TownYouTube. Members of the public may provide public comments for agenda items in-person or virtually by following the instructions listed at the end of the agenda.

This meeting will be teleconferenced pursuant to Government Code Section 54953(b)(3). Council Member Rob Rennie will be participating via teleconference from a location at 20424 Frenchtown Frontage Road, Frenchtown, MT, 59834. The teleconference location shall be accessible to the public and the agenda will be posted at the teleconference location 72 hours before the meeting.

To watch and participate via Zoom, please go to:
https://losgatosca-gov.zoom.us/j/85481444677?pwd=561kip53XZTmhrTCwGDoNCvDTWQnwJ.1 Enter Passcode: 535103.

CALL MEETING TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PRESENTATIONS
i. Friends of the Library Donation
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 located at the end of this agenda. If an item is removed, the Mayor has the sole discretion to determine when the item will be heard.)

1. Approve the Minutes of the August 5, 2025, Town Council Study Session RECOMMENDATION: Approve the Minutes of the August 5, 2025, Town Council Study Session.

TOWN OF LOS GATOS

COUNCIL MEETING AGENDA
AUGUST 19, 2025
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

2. Approve the Minutes of the August 5, 2025, Town Council Meeting RECOMMENDATION: Approve the Minutes of the August 5, 2025, Town Council Meeting.

3. Receive the Monthly Financial and Investment Report for June 2025 RECOMMENDATION: Receive the Monthly Financial and Investment Report for June 2025.

4. Ratify the Town Council Selection Committee’s Recommended Youth Commissioner Appointments
RECOMMENDATION: Ratify the Town Council Selection Committee’s recommended Youth Commissioner appointments.

5. Authorize the Town Manager to Execute a First Amendment to the Agreement for Services with Frank and Grossman Landscape Contractors Inc. for Janitorial Services to Reduce the Scope of Work and Compensation through June 30, 2029 RECOMMENDATION: Authorize the Town Manager to Execute a First Amendment to the Agreement for Services with Frank and Grossman Landscape Contractors Inc. (Attachment 1) for a reduction of janitorial services for town facilities through June 30, 2029, decreasing the contract value for Fiscal Year 2025-26 from $266,920 to $205,536 and the total five-year contract from $1,270,370 to $1,024,834.

6. Adopt a Resolution Approving a List of Approved Street Names for New Street Projects RECOMMENDATION: Adopt a resolution approving a list of approved street names for new street projects.

7. Approve Purchase Orders with Baker and Taylor not to exceed $115,000 for Fiscal Year (FY) 2025-26
RECOMMENDATION: Approve Purchase Orders with Baker and Taylor not to exceed $115,000 for Fiscal Year (FY) 2025-26.

8. Authorize an Expenditure Budget Appropriation Adjustment to the Community Grants Line Item in the Amount of an Increase of $5,000 from $150,000 to $155,000 RECOMMENDATION: Authorize an expenditure budget adjustment to the Community Grants line item in the amount of $5,000 to be consistent with Council direction provided on May 20, 2025.

9. Approve the Revised Town Council Code of Conduct Policy 2-04 RECOMMENDATION: Approve the revised Town Council Code of Conduct Policy 2-04.

10. Approve the Town Boards, Committees, and Commissions Code of Conduct Policy RECOMMENDATION: Approve the Town Boards, Committees, and Commissions Code of Conduct Policy.

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

11. Receive the Bi-Annual Police Services Report for January – June 2025 RECOMMENDATION: Accept the bi-annual Police Services Report, highlighting the accomplishments and ongoing efforts of the Los Gatos-Monte Sereno Police Department (LGMSPD) during the reporting period of January – June 2025.

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.)

12. Consider an Appeal of a Planning Commission Decision to Deny a Fence Height Exception Request for an Existing Fence Partially Located in the Town’s Right-of-Way and Exceeding the Height Limitations Within the Required Front Yard and Street-Side Yard Setbacks on Property Zoned R-1D. Located at 10 Charles Street. APN 532-36-022.

Fence Height Exception Application FHE-23-001. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures. Property Owner/Applicant/Appellant: Firoz Pradhan. Project Planner: Sean Mullin RECOMMENDATION: Adopt a resolution (Attachment 16) denying an appeal of a Planning Commission decision to deny a Fence Height Exception request for an existing fence partially located in the Town’s right-of-way and exceeding the height limitations within the front yard and street-side yard setbacks on property zoned R-1D, located at 10 Charles Street.

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

13. Provide Direction for the Distribution of $155,000 Included in the FY 2025-26 Budget for Community Grants
RECOMMENDATION: Provide direction for the distribution of $155,000 included in the FY 2025-26 budget for Community Grants.

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].

The ADA access ramp to the Town Council Chambers is currently under construction and will be inaccessible until further notice. Individuals who require the use of that ramp to attend meetings should contact the Clerk’s Office at least two (2) business days in advance to arrange for alternative accommodations.

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 the Town’s website at www.losgatosca.gov. Town Council agendas and related materials can be viewed online at https://losgatos-ca.municodemeetings.com/.

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

Zoom Webinar (Online): To participate from a PC, Mac, iPad, iPhone or Android device.

Please use this URL to join: https://losgatoscagov.zoom.us/j/85481444677?pwd=561kip53XZTmhrTCwGDoNCvDTWQnwJ.1 Passcode: 535103. You can also type in 854 8144 4677 in the “Join a Meeting” page on the Zoom website at www.zoom.us and use passcode 535103.

When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom.

Telephone: To participate by phone please dial (877) 336-1839 for US Toll-free and use Conference code: 1052180.

When the Mayor announces the item for which you wish to speak, 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 submit it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak.

NOTES: Comments will be limited to three (3) minutes or less at the Mayor’s discretion. 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).

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 Friday and Monday before the Council meeting for inclusion in an addendum. -11:00 a.m. the day of the Council meeting for inclusion in a desk item.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 08/19/2025
ITEM NO: 1
DRAFT
Minutes of the Town Council - Study Session
Tuesday, August 5, 2025
The Town Council of the Town of Los Gatos conducted a Special Meeting in person and via teleconference to hold a Study Session.

MEETING CALLED TO ORDER AT 5:17 P.M.

ROLL CALL

Present: Mayor Matthew Hudes, Vice Mayor Rob Moore, Council Member Mary Badame, Council Member Rob Rennie, and Council Member Maria Ristow (participated remotely under Government Code Section 54953 “Just Cause”).

Absent: None.

VERBAL COMMUNICATIONS (ON ITEMS ON THE AGENDA)
Jeffrey Blum
- Commented on a change to the Town Council Code of Conduct Policy regarding civility and expressed concern about certain language in the Board, Committee, and Commission Code of Conduct Policy.

Gus Who
- Commented on various concerns.

OTHER BUSINESS

1. Review and Provide Feedback on Revisions to the Town Council Code of Conduct Policy 2-04 and the Proposed Board, Committee, and Commission Code of Conduct Policy.

Chris Constantin, Town Manager, and Wendy Wood, Town Clerk, presented the staff report.

The Town Council discussed the proposed revisions to the Town Council Code of Conduct Policy 2-04, provided direction to approve the revisions, and requested that the phrase 'violation against a Council Member' be replaced with 'complaint against a Council Member' where appropriate.

The Town Council discussed the Board, Committee, and Commission Code of Conduct Policy, and provided direction to incorporate staff’s alternative language (Alternatives 1, 2, 4 and 5) with minor edits, which included adding the sentence, “Nothing in this section limits the Commission from requesting changes to the work plan during the course of the year,” to Subsection G (Work Plan) under Section IV. titled "Compliance and Operational Requirements."

ITEM NO. 1.

PAGE 2 OF 2
SUBJECT: Draft Minutes of the Town Council Special Meeting - Study Session of August 5, 2025
DATE: August 19, 2025
Council also requested the addition of the phrase “regarding commission matters” to Subsection B(2) under Section VI. titled "Commission Communication" for added clarity.

Town Manager Constantin informed the Council that the revision will be incorporated and brought back for consideration at the next Council meeting.

ADJOURNMENT
The meeting adjourned at 6:25 p.m.

Respectfully Submitted:
_____________________________________
Wendy Wood, Town Clerk

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: 08/19/2025
ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
Tuesday, August 5, 2025
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 Matthew Hudes, Vice Mayor Rob Moore, Council Member Mary Badame, Council Member Rob Rennie, Council Member Maria Ristow (participated remotely under Government Code Section 54953 “Just Cause”).

Absent: None.

PLEDGE OF ALLEGIANCE
Mayor Hudes led the Pledge of Allegiance. The audience was invited to participate.

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

1. Approve the Minutes of the May 19, 2025, Joint Special Meeting of the Town Council and Finance Commission.

2. Approve the Minutes of the June 17, 2025, Town Council Special Meeting.

3. Approve the Minutes of the June 17, 2025, Town Council Meeting.

4. Receive the Monthly Financial and Investment Report for May 2025.

5. Accept a Report on the Approved Action Taken by the Town Manager During the 2025 Town Council Legislative Recess.

6. Adopt a Resolution Approving the Acceptance of the 2025-26 California Highway Patrol Cannabis Tax Fund Grant Program Award for the Town of Los Gatos and Los Gatos-Monte Sereno Police Department in the Amount of $248,955.98; Authorized Parks and Public Works to Purchase Two Police Interceptor Vehicles with Fit Ups required for Police Patrol at an estimated cost of $188,868 and added these vehicles to the Town’s Fleet Inventory; Authorized any additional cost to complete the vehicle fit-up, estimated not to exceed $25,000; and Authorized revenue and expenditure budget adjustments in the amount of $248,955.98 to receive and expend the grant proceeds. RESOLUTION 2025-040

7. Authorize the Town Manager to Execute the First Amendment to the Agreement for Services with DIXON Resources Unlimited for Services Related to the Downtown Parking Program to Increase the Total Compensation to $485,297 and Extend the Term to June 30, 2028, and Make Associated Revenue and Expenditure Budget Transfers.

8. Approve the Fourth Amendment to the Agreement for Services with Traffic Management, Inc., (Attachment 1) increasing the contract amount by $41,607.64 to cover the 2025

ITEM NO. 2.

PAGE 2 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of August 5, 2025 DATE: August 19, 2025
Halloween and Children’s Holiday Parade road closures and traffic control services, for a total contract amount not to exceed $135,400.64.

9. Adopt a Resolution Granting an Appeal of a Planning Commission Decision to Deny a Request to Demolish an Existing Accessory Structure and Construct a New Accessory Structure Exceeding 1,000 Square Feet in Gross Floor Area and Site Improvements Requiring a Grading Permit on Property Zoned HR-2½. Located at 16511 Cypress Way. APN 532-24- 004. Architecture and Site Application S-24-045. Exempt Pursuant to the CEQA Section 15303(a): New Construction or Conversion of Small Structures. Property Owners: Jackie and Scott Kolander. Applicant: Michael Harris. Project Planner: Suray Nathan. RESOLUTION 2025-041

10. Adopt a Resolution Approving the Final Map for Tract No. 10620 at 16378 Bennett Way and Accept Dedications. RESOLUTION 2025-042

11. Authorize the Town Manager to Execute a Three-Year Agreement, with Two One-Year Extension Options, for Consultant Services, Including Pass-Through Surveying Services with Kier & Wright Civil Engineers & Surveyors, Inc., in an Amount Not to Exceed $250,000.

12. Authorize the Town Manager to execute a Seventh Amendment (Attachment 1) to a special services agreement with Liebert Cassidy Whitmore.

13. Authorize the Town Manager to Execute a Notice of Completion and Certificate of Acceptance for Specified Private Improvements Completed by SummerHill N40 LLC for the North 40 Phase 1 Development at Lark Avenue and Los Gatos Boulevard and Directed Staff to Submit it for Recordation.

14. Authorize the Submission of Wildfire Planning and Mitigation Grant Applications to CAL FIRE, FEMA, and the California Fire Safe Council.

15. Adopted a Resolution to (1) appoint the Town Manager as Plan Administrator for the City’s 457(b) and 401(a) defined contribution retirement plans; (2) authorize the Town Manager to execute necessary service provider agreements related to the administration of the plans; and (3) grant Town Manager the authority to delegate/assign duties for the plan to Shuster Advisory Group, LLC, to provide fiduciary investment advisory and plan consultative services, and appropriate departments and staff to fulfill the Town’s fiduciary responsibilities and duties as outlined in Article XVI, Section 17 of the California Constitution. RESOLUTION 2025-043

16. Authorize the Town Manager to Execute a Third Amendment to the Contract for Legal Services with the Law Firm of Goldfarb & Lipman to Increase the Contract Amount by $65,000, for a Total Contract Amount Not to Exceed $305,000.

Mayor Hudes opened public comment.

Gus Who
- Commented on concerns with items number one and three.

Lee Fagot
- Commented on concerns with item number seven.

ITEM NO. 2.

PAGE 3 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of August 5, 2025 DATE: August 19, 2025
Mayor Hudes closed public comment.

MOTION: Motion by Council Member Badame to approve consent items one through sixteen.

Seconded by Vice Mayor Moore.

VOTE: Motion passed unanimously by roll call vote.

VERBAL COMMUNICATIONS
Gus Who
- Commented on various concerns.

PUBLIC HEARINGS

17. Conduct a Public Hearing to Consider Objections to the 2025 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing the Collection of the Assessment Charges. RESOLUTION 2025-044 Stefanie Hockemeyer, Project Manager, presented the staff report.

The Council asked preliminary questions.

Mayor Hudes opened public comment.

Jai Hakhu
- Requested that his property be removed from the assessment list.

MOTION: Motion by Council Member Badame to adopt a resolution that is amended in Attachment 1, which would remove Parcel Number 409-15-021, property address 14329 Mulberry, confirm the report, and authorize the collection of assessment charges. Seconded by Council Member Rennie.

VOTE: Motion passed unanimously by roll call vote.

18. Consider an Appeal of a Planning Commission Decision to Approve Construction of a New Single-Family Residence with Reduced Rear Yard Setbacks, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees on Vacant Property Zoned R-1:20.

Located at 45 Reservoir Road. APN 529-33-054. Architecture and Site Application S-22-048.

Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures. Property Owner: Farnaz Agahian. Applicant: Gary Kohlsaat, Architect. Project Planner: Sean Mullin. RESOLUTION 2025-045 Sean Mullin, Planning Manager, presented the staff report.

Mary Vidovich, appellant, provided a presentation citing concerns with the proposed plans and reasons for the appeal.

ITEM NO. 2.

PAGE 4 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of August 5, 2025 DATE: August 19, 2025
Gary Kohlsaat, applicant, provided a presentation on the proposed project and answered clarifying questions.

Mayor Hudes opened public comment.

Kia Baratzadeh
- Commented on the proposed project and spoke in support of rejecting the appeal.

Lee Quintana
- Commented on concerns with the project.

Ann Cali
- Commented on concerns with the project.

Tuquan
- Commented in support of the proposed project.

Mayor Hudes closed public comment.

The applicant provided closing statements.

The appellant provided closing statements.

Council discussed the item.

MOTION: Motion by Council Member Badame to adopt a resolution (Attachment 10) denying an appeal of a Planning Commission’s decision to approve a request to construct a new single-family residence with reduced rear yard setbacks, site improvements requiring a Grading Permit, and removal of large protected trees on vacant property zoned R-1:20, located at 45 Reservoir Road, and add to the conditions of approval that the fire[truck] turnaround be completed prior to any construction of the home, and that a cement or equally sturdy barrier [planter] be built next to the master bedroom to protect the occupants of the home. Seconded by Council Member Ristow.

VOTE: Motion passed unanimously by roll call vote.

Mayor Hudes called a recess at 8:32 p.m.

Mayor Hudes reconvened the meeting at 8:39 p.m.

OTHER BUSINESS

ITEM NO. 2.

PAGE 5 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of August 5, 2025 DATE: August 19, 2025

19. Receive an Update on the Town’s Federal Funding and Grants and Consider Federal Actions Impacting the Town.

Katy Nomura, Assistant Town Manager, presented the staff report.

Council asked preliminary questions.

Mayor Hudes opened public comment.

No one spoke.

Mayor Hudes closed public comment.

Council discussed the item, and no action was taken.

COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Badame stated she met and corresponded with several residents on various issues.
- Vice Mayor Moore stated he tabled the Farmer’s Market; met with one of the Governing Affairs representatives from Netflix; attended the Fourth of July Symphony in the Park Event, Music in the Park, and Jazz on the Plaz; announced that West Valley Sanitation District will be recruiting for a new District Manager and Engineer; spoke with Silicon Valley Youth Climate Action Leadership Academy participants and Summer Climate Fellows of the San Jose Conservation Corps; met with the Deputy and Director of the Santa Clara County Parks and Recreation, and the new Los Gatos High School President; attended the Los Gatos-Monte Sereno Police Department (LGMSPD) Swearing In and Promotion Ceremony, the West Valley Community Services (WVCS) unveiling of their new three-year strategic plan; and stated he will host an e-bike listening session. - Council Member Rennie stated he had nothing to report. - Council Member Ristow stated she attended the LGMSPD Swearing In and Promotion Ceremony, a Ribbon Cutting for WVCS Park-It Market, the LGMSPD Special Olympics Torch Run; met with the Valley Transportation Authority (VTA) Chair; attended the Fourth of July Symphony in the Park Event, and the Silicon Valley Clean Energy Authority (SVCEA) Finance and Administration Committee Meeting; and met with many residents to discuss a variety of topics.
- Mayor Hudes stated in addition to the meetings and events that were mentioned, he participated in a Service Academy in the 129 Rescue Wing at Moffet Field; met with the Los Gatos Thrives Board, and the Wildfire Advisory Group; participated in the community Health and Senior Services Commission Meeting; observed Diversity, Equity, and Inclusion (DEI) Commission Meeting; attended a Ribbon Cutting at the Porche service center, a Ribbon Cutting at a local Rehabilitation Center.

ITEM NO. 2.

PAGE 6 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of August 5, 2025 DATE: August 19, 2025
Town Manager Matters
- Announced two upcoming information sessions on the Firewise Community Program; one session will be held on August 16 at the Jewish Community Center, and a second session will be held on August 22 at El Camino Hospital, with an option to attend virtually.

ADJOURNMENT
The meeting adjourned at 9:12 p.m.

Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk

ITEM NO. 2.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 08/19/2025
ITEM NO: 3
DATE: August 19, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Receive the Monthly Financial and Investment Report for June 2025 RECOMMENDATION: Receive the Monthly Financial and Investment Report for June 2025.

FISCAL IMPACT:

This report has no fiscal impact.

STRATEGIC PRIORITY:

This item aligns with the strategic priority to ensure prudent financial management.

BACKGROUND:

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

Attachment 1 contains the June 2025 monthly Financial and Investment Report, which fulfills this requirement.

The June 2025 Monthly Financial and Investment Report was received by the Finance Commission at its August 11, 2025, regular meeting.

DISCUSSION:

The June 2025 Monthly Financial and Investment Report includes a Fund Balance Schedule, representing estimated funding available for all funds at the beginning of the fiscal year and at the end of the respective months.

ITEM NO. 3.

PAGE 2 OF 3
SUBJECT: Monthly Financial and Investment Report for June 2025 DATE: August 19, 2025
As operations fluctuate month to month, there are differences between balances in one month and balances in another. Such differences may be significant due to the type of activity in those months, and the timing of any estimates used in the presentation, based on the information available. This is demonstrated by the attached June 30, 2025, fund balance report.

In the case that the differences are extraordinary and unanticipated, we will ensure we present more information to explain the differences.

The difference between the June 30, 2025, and May 31, 2025, estimated fund balances is due to normal day-to-day fluctuations in revenues and expenditures.

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

As illustrated in the summary below, Ending Fund Balance = Cash + Assets - Liabilities, which represents the actual amount of funds available.

As of June 30, 2025, the Town’s financial position (Cash Plus Other Assets $94.81M, Liabilities $31.42, and Fund Equity $63.39) remains strong, and the Town has sufficient funds to meet the cash demands for the next six months.

As of June 30, 2025, the Town’s weighted portfolio yield for investments under management was 4.39%, which was 12 basis points above the Local Agency Investment Fund (LAIF) yield of

4.27% for the same reporting period. Currently, the LAIF portfolio’s weighted average maturity (WAM) is 248 days versus the Town’s longer WAM of 553 days. The Town’s assets under management reflect the Town’s selection of the 1-3 year benchmark investment strategy through the Town’s investment advisor to lock in higher yields at the top of the interest rate cycle. The longer maturities are balanced with shorter-term yields available on investments held with the State’s LAIF. The Town’s weighted average rate of return on investments under management of 4.39% at the close of June was 2 basis points lower when compared to the prior month’s return of 4.41% reported as of May 31, 2025.

ITEM NO. 3.

PAGE 3 OF 3
SUBJECT: Monthly Financial and Investment Report for June 2025 DATE: August 19, 2025
Since June 2024, LAIF yields decreased from 448 basis points (4.48%) to 427 basis points (4.27%) through the end of June 2025. The State LAIF pool typically lags the market when current market yields are either increasing or decreasing.

Following the rate adjustment in July 2023, the Federal Open Market Committee (FOMC) maintained the same rate until their September 18, 2024, meeting, where they approved a reduction of 50 basis points, lowering the rate from 5.5% to 5.0%. Subsequently, on November 7, 2024, the Federal Reserve voted to implement an additional decrease of 25 basis points, bringing the rate down to 4.75%. The latest adjustment occurred during the December 2024 meeting, where another 25 basis point reduction was approved, resulting in a new rate of

4.50%. These adjustments align with the FOMC's objective to promote maximum employment and achieve a year-over-year inflation target of 2%.

Labor market data indicated tighter hiring conditions. Monthly payrolls showed 139,000 jobs added to the economy, while the unemployment rate remained at 4.2% and wage growth remained at 3.9%. Weekly initial jobless claims eased from 248,000 to 236,000, but continuing claims reached a new cycle high at just under two million.

The Town's investments are in compliance with the Town's Investment Policy dated March 18, 2025, and are also in compliance with the requirements of Section 53600 et seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.

CONCLUSION:

Receive the Monthly Financial and Investment Report for June 2025.

Attachments:

1. Financial and Investment Report (June 2025)

ITEM NO. 3.

Weighted Average YTM Portfolio Yield on Investments
under Management 4.39%
Weighted Average Maturity (days) 553
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $81,558,113 $75,593,586 $81,368,410 Managed Investments $51,606,573
Local Agency Investment Fund $20,144,462
Reconciled Demand Deposit Balances $9,807,078
Portfolio Allocation & Treasurer's Cash Balances $81,558,113 Benchmarks/ References:

Town's Average Yield 4.39% 4.41% 4.45%
LAIF Yield for month 4.27% 4.27% 4.48%
3 mo. Treasury 4.29% 4.33% 5.36%
6 mo. Treasury 4.25% 4.31% 5.33%
2 yr. Treasury 3.72% 3.90% 4.75%
5 yr. Treasury 3.80% 3.96% 4.38%
10 Yr. Treasury 4.23% 4.40% 4.40%
Town of Los Gatos
Summary Investment Information
June 30, 2025
0 - 1 year
47%
1 - 2 years
11%
2 - 3 years
23%
3 - 5 years
19%
Portfolio Maturity Profile
Compliance: The Town's investments are in compliance with the Town's investment policy dated March 18, 2025, and also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months. 1 ATTACHMENT 1

ITEM NO. 3.

Month YTD
Cash & Investment Balances - Beginning of Month/Period $ 75,593,586.44 $ 81,368,409.88 Receipts 10,131,874.60 85,125,785.14
Disbursements (4,167,347.85) (84,936,081.83)
Cash & Investment Balances - End of Month/Period $81,558,113.19 $81,558,113.19 Portfolio Allocation Amount % of Portfolio
Max. % or $ Allowed
per State Law or Policy
BNY MM $15,229.49 0.02% 20% of Town Portfolio
US Treasury Notes $19,375,002.03 27.00% No Max. on US Treasuries Government Agency Debenture Notes $17,464,856.81 24.34% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $14,751,484.50 20.56% 30% of Town Portfolio Local Agency Investment Fund $20,144,462.08 28.08% $75 M per State Law Subtotal - Investments 71,751,034.91 100.00%
Reconciled Demand Deposit Balances 9,807,078.28
Total Portfolio Allocation & Treasurer's Cash Balances $81,558,113.19

0.0401

0.0388
Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
June 30, 2025
BNY MM

0.02%
US Treasury Notes

27.00%
Government Agency Debenture
Notes

24.34%
Corporate Medium Term Bonds

20.56%
Local Agency Investment Fund

28.08%
Portfolio Investment Allocation
$78.4 M $75.6 M
$0.0 M
$10.0 M
$20.0 M
$30.0 M
$40.0 M
$50.0 M
$60.0 M
$70.0 M
$80.0 M
$90.0 M
May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 Treasurer's Fund Balances
2

ITEM NO. 3.

June 2025 June 2025 June 2025
Beginning Deposits Interest/ Ending
Balance Realized Gain/Adj. Earnings Withdrawals Balance Non-Treasury Funds:

Cert. of Participation 2002 Ser A Reserve Fund $ 694,999.58 $ - $ 2,232.30 $ - $ 697,231.88 Note 1 Cert. of Participation 2010 Ser Lease Payment Fund 72.76 177,042.53 0.27 - 177,115.56 Note 2 Cert. of Participation 2002 Ser A Lease Payment Fund 16,042.57 - 51.56 - 16,094.13 Note 1 Cert. of Participation 2010 Ser Reserve Fund 1,449,006.70 5,098.33 177,042.53 1,277,062.50 Note 2 Total Restricted Funds: $ 2,160,121.61 $ 177,042.53 $ 7,382.46 $ 177,042.53 $ 2,167,504.07 CEPPT IRS Section 115 Trust 3,027,416.40 - 63,314.58 - $ 3,090,730.98 Note 3 Grand Total COP's and CEPPT Trust $ 5,187,538.01 $ 177,042.53 $ 70,697.04 $ 177,042.53 $ 5,258,235.05 These accounts are not part of the Treasurer's fund balances reported elsewhere in this report, as they are for separate and distinct entities.

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

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

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

Town of Los Gatos
Non-Treasury Restricted Fund Balances
June 30, 2025
3

ITEM NO. 3.

July 2024 $ 247,221.75
August 2024 $ 212,684.25
September 2024 $ 265,151.31
October 2024 $ 234,237.63
November 2024 $ 227,312.31
December 2024 $ 239,396.54
January 2025 $ 234,030.33
February 2025 $ 213,671.29
March 2025 $ 235,515.22
April 2025 $ 242,125.72
May 2025 $ 279,502.38
June 2025 $ 239,277.16
$ 2,870,125.89
Town of Los Gatos
Statement of Interest Earned
June 30, 2025
4

ITEM NO. 3.

Original Issue Market Value Maturity Yield to Interest Interest Interest Days Deposit Par Original (Discount) Market Above (Under) Purchased Date or Maturity Received Earned Earned to Institution CUSIP # Security Coupon Date Value Cost Premium Value Cost Interest Call Date or Call to Date Prior Yrs. Current FY Maturity Apple 037833DB3 Corporate Bond 2.90% 12/20/2022 1,300,000.00 1,228,591.00 (71,409.00) 1,271,933.00 43,342.00 6/21/2027 4.19% $ 83,987.22 $ 81,871.88 $ 53,554.19 721 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 (8,040.00) 990,780.00 (1,180.00) 1/1/2026 3.04% $ 79,750.00 $ 61,696.52 $ 32,355.22 185 FFCB 3133EN5V8 Gov. Agency Debenture 4.13% 1/17/2023 236,000.00 239,174.20 3,174.20 236,620.68 (2,553.52) 1/11/2027 3.76% $ 19,307.75 $ 12,979.52 $ 8,938.72 560 US Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 (87,434.82) 780,264.00 67,698.82 3/31/2026 4.14% $ 15,000.00 $ 54,221.52 $ 30,971.60 274 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 939.60 899,586.00 (1,353.60) 9/30/2025 4.14% $ 95,625.00 $ 66,415.88 $ 37,937.09 92 JP Morgan Chase 46625HRS1 Corporate Bond 3.20% 9/23/2022 500,000.00 474,660.00 (25,340.00) 495,185.00 20,525.00 3/15/2026 4.70% $ 43,644.44 $ 41,217.45 $ 23,288.49 258 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 (97,047.60) 1,192,644.00 89,691.60 8/25/2025 3.04% $ 12,187.50 $ 71,445.55 $ 34,723.87 56 FHLB 3130AQF65 Gov. Agency Debenture 1.25% 11/30/2022 1,300,000.00 1,160,559.40 (139,440.60) 1,251,432.00 90,872.60 12/21/2026 4.15% $ 41,572.92 $ 80,116.59 $ 50,592.66 539 FHLB 3130APJH9 Gov. Agency Debenture 1.00% 1/17/2023 1,000,000.00 907,010.00 (92,990.00) 976,780.00 69,770.00 10/28/2026 4.17% $ 23,354.17 $ 50,234.10 $ 34,595.18 485 FFCB 3133EN5N6 Gov. Agency Debenture 4.00% 2/8/2023 1,700,000.00 1,706,732.00 6,732.00 1,706,511.00 (221.00) 1/6/2028 3.91% $ 129,955.56 $ 92,733.76 $ 66,629.57 920 Freddie Mac 3137EAEX3 Gov. Agency Debenture 0.38% 5/1/2023 750,000.00 689,032.50 (60,967.50) 743,167.50 54,135.00 9/23/2025 3.97% $ 5,328.12 $ 32,931.11 $ 28,215.63 85 American Honda 02665WED9 Corporate Bond 4.70% 5/11/2023 600,000.00 608,856.00 8,856.00 605,382.00 (3,474.00) 1/12/2028 4.34% $ 47,078.33 $ 29,982.05 $ 26,306.36 926 US Treasury 91282CEF4 US Treasury Note 2.50% 6/9/2023 1,500,000.00 1,416,626.12 (83,373.88) 1,467,885.00 51,258.88 3/31/2027 4.09% $ 67,827.87 $ 62,956.31 $ 59,377.40 639 US Treasury 91282CGA3 US Treasury Note 4.00% 6/20/2023 2,100,000.00 2,080,558.59 (19,441.41) 2,098,425.00 17,866.41 12/15/2025 4.40% $ 166,852.46 $ 94,573.28 $ 91,806.51 168 Colgate-Palmolive 194162AR4 Corporate Bond 4.60% 7/14/2023 500,000.00 504,655.00 4,655.00 508,540.00 3,885.00 2/1/2028 4.37% $ 37,502.79 $ 21,195.52 $ 21,978.31 946 FannieMae 3135G06G3 Gov. Agency Debenture 0.50% 7/14/2023 500,000.00 455,157.00 (44,843.00) 493,345.00 38,188.00 11/7/2025 4.63% $ 4,534.72 $ 21,047.01 $ 21,824.32 130 FFCB 3133EPQC2 Gov. Agency Debenture 4.63% 7/17/2023 500,000.00 501,957.50 1,957.50 503,220.00 1,262.50 7/17/2026 4.48% $ 34,687.50 $ 21,487.97 $ 22,473.10 382 FFCB 3133EPBM6 Gov. Agency Debenture 4.13% 7/14/2023 600,000.00 596,220.00 (3,780.00) 603,306.00 7,086.00 8/23/2027 4.29% $ 39,806.25 $ 24,754.94 $ 25,669.19 784 PNC Bank 69353RFJ2 Corporate Bond 3.25% 7/25/2023 1,000,000.00 921,490.00 (78,510.00) 975,430.00 53,940.00 12/23/2027 5.23% $ 48,479.17 $ 46,970.90 $ 50,276.77 906 US Treasury 91282CFU0 US Treasury Note 4.13% 7/31/2023 1,300,000.00 1,290,660.60 (9,339.40) 1,311,726.00 21,065.40 10/31/2027 4.31% $ 93,843.75 $ 51,232.08 $ 55,820.03 853 Toyota Motor Credit 89236TKL8 Corporate Bond 5.45% 8/25/2023 1,600,000.00 1,617,168.00 17,168.00 1,647,200.00 30,032.00 11/10/2027 5.16% $ 148,966.67 $ 70,599.88 $ 83,125.67 863 US Treasury 912810FE3 US Treasury Note 5.50% 10/3/2023 1,200,000.00 1,238,207.14 38,207.14 1,264,824.00 26,616.86 8/15/2028 4.76% $ 90,211.96 $ 43,179.27 $ 58,156.58 1142 Pepsico Inc 713448DF2 Corporate Bond 2.85% 10/16/2023 1,000,000.00 947,570.00 (52,430.00) 991,110.00 43,540.00 11/24/2025 5.24% $ 38,633.33 $ 37,712.66 $ 53,353.18 147 FFCB 3133EPUW3 Gov. Agency Debenture 4.75% 10/13/2023 1,000,000.00 994,338.00 (5,662.00) 1,008,210.00 13,872.00 9/1/2026 4.96% $ 65,708.33 $ 35,367.82 $ 49,460.75 428 US Treasury 91282CEW7 US Treasury Note 3.25% 10/16/2023 1,000,000.00 950,039.06 (49,960.94) 990,980.00 40,940.94 6/30/2027 4.73% $ 55,461.96 $ 32,499.52 $ 45,978.01 730 US Treasury 91282CEN7 US Treasury Note 2.75% 10/31/2023 1,300,000.00 1,214,336.39 (85,663.61) 1,276,847.00 62,510.61 4/30/2027 4.82% $ 53,625.00 $ 40,101.59 $ 60,234.90 669 US Treasury 91282CAB7 US Treasury Note 0.25% 11/15/2023 675,000.00 623,900.39 (51,099.61) 672,725.25 48,824.86 7/31/2025 4.92% $ 2,040.59 $ 19,725.12 $ 31,577.50 31 US Treasury 91282CCH2 US Treasury Note 1.25% 12/21/2023 900,000.00 798,647.55 (101,352.45) 837,774.00 39,126.45 6/30/2028 3.99% $ 17,180.71 $ 17,690.14 $ 33,629.70 1096 FNMA 3135G0Q22 Gov. Agency Debenture 1.88% 12/21/2023 900,000.00 845,676.00 (54,324.00) 877,077.00 31,401.00 9/24/2026 4.22% $ 21,234.38 $ 19,224.14 $ 36,545.89 451 US Treasury 91282CFB2 US Treasury Note 2.75% 1/2/2024 1,000,000.00 960,354.91 (39,645.09) 980,390.00 20,035.09 7/31/2027 3.95% $ 29,667.12 $ 19,025.75 $ 38,579.98 761 US Treasury 91282CHE4 US Treasury Note 3.63% 1/17/2024 1,800,000.00 1,775,185.72 (24,814.28) 1,795,914.00 20,728.28 5/31/2028 3.97% $ 89,317.63 $ 32,061.96 $ 70,924.94 1066 JP Morgan Chase 46647PDG8 Corporate Bond 4.85% 2/1/2024 1,400,000.00 1,396,528.00 (3,472.00) 1,414,532.00 18,004.00 7/25/2027 4.93% $ 66,782.10 $ 28,319.94 $ 68,911.86 755 US Bancorp 91159HJF8 Corporate Bond 4.55% 2/5/2024 1,000,000.00 989,200.00 (10,800.00) 1,002,160.00 12,960.00 7/22/2027 4.89% $ 43,837.67 $ 19,440.46 $ 48,601.14 752 Treasury 91282CHB0 US Treasury Note 3.63% 2/23/2024 1,175,000.00 1,151,962.92 (23,037.08) 1,170,652.50 18,689.58 5/15/2026 4.56% $ 52,189.05 $ 18,568.45 $ 52,949.09 319 FHLB 3130AXB31 Gov. Agency Debenture 4.88% 2/27/2024 1,000,000.00 1,003,060.00 3,060.00 1,004,710.00 1,650.00 3/13/2026 4.72% $ 51,729.17 $ 16,052.33 $ 47,250.81 256 FFCB 3133EP5U5 Gov. Agency Debenture 4.13% 3/28/2024 1,700,000.00 1,687,981.00 (12,019.00) 1,720,740.00 32,759.00 3/20/2029 4.28% $ 68,566.67 $ 18,681.03 $ 72,538.06 1359 US Treasury 9128285M8 US Treasury Note 3.13% 4/30/2024 1,200,000.00 1,123,832.14 (76,167.86) 1,177,500.00 53,667.86 11/15/2028 4.69% $ 39,045.34 $ 9,066.06 $ 54,247.75 1234 Cisco Systems 17275RBR2 Corporate Bond 4.85% 5/15/2024 1,000,000.00 999,130.00 (870.00) 1,024,550.00 25,420.00 1/26/2029 4.87% $ 37,856.94 $ 6,135.64 $ 48,684.94 1306 Home Depot 437076CW0 Corporate Bond 4.90% 5/17/2024 1,000,000.00 1,001,790.00 1,790.00 1,025,840.00 24,050.00 4/15/2029 4.86% $ 44,644.44 $ 5,862.95 $ 48,635.81 1385 Treasury 91282CJR3 US Treasury Note 3.75% 5/31/2024 1,200,000.00 1,154,629.02 (45,370.98) 1,200,756.00 46,126.98 12/31/2028 4.68% $ 48,708.79 $ 4,511.24 $ 54,886.81 1280 American Honda 02665WEY3 Corporate Bond 4.95% 6/27/2024 1,000,000.00 995,640.00 (4,360.00) 1,002,150.00 6,510.00 1/9/2026 5.25% $ 26,537.50 $ 430.16 $ 52,336.72 193 FHLB 3130B1BT3 Gov. Agency Debenture 4.88% 7/2/2024 1,150,000.00 1,150,966.00 966.00 1,160,269.50 9,303.50 6/12/2026 4.82% $ 47,341.67 $ - $ 55,261.42 347 Citibank 17325FBK3 Corporate Bond 4.84% 8/15/2024 1,250,000.00 1,263,062.50 13,062.50 1,276,350.00 13,287.50 7/6/2029 4.60% $ 28,725.62 $ - $ 50,520.38 1467 FNMA 3135G05Y5 Gov. Agency Debenture 0.75% 9/10/2024 1,100,000.00 1,010,724.00 (89,276.00) 1,028,995.00 18,271.00 10/8/2027 3.56% $ 4,766.67 $ - $ 29,915.45 830 US Treasury 91282CFL0 US Treasury Note 3.88% 12/3/2024 1,100,000.00 1,088,144.31 (11,855.69) 1,104,895.00 16,750.69 9/30/2029 4.12% $ 13,817.99 $ - $ 25,813.46 1553 FHLB 3130ATUT2 Gov. Agency Debenture 4.50% 2/12/2025 505,000.00 508,253.21 3,253.21 517,508.85 9,255.64 12/14/2029 4.35% $ 7,701.25 $ - $ 8,337.70 1628 FFCB 3133ER5X5 Gov. Agency Debenture 3.88% 3/12/2025 1,000,000.00 998,480.00 (1,520.00) 1,001,190.00 2,710.00 538.19 3/7/2028 3.93% $ (538.19) $ - $ 11,831.34 981 Treasury 91282CJF9 US Treasury Note 4.88% 3/31/2025 1,100,000.00 1,130,167.75 30,167.75 1,139,446.00 9,278.25 10/31/2028 4.04% $ 4,444.06 $ - $ 11,273.90 1219 State Street Corp 857477CD3 Corporate Bond 5.27% 4/30/2025 800,000.00 811,184.00 11,184.00 808,224.00 (2,960.00) 10,192.53 8/3/2026 4.04% $ (10,192.53) $ - $ 5,565.50 399 Freddie Mac 3134HAW33 Gov. Agency Debenture 4.75% 4/30/2025 1,000,000.00 1,005,644.00 5,644.00 1,005,330.00 (314.00) 12/18/2029 4.23% $ 6,993.07 $ - $ 7,735.00 1632 US Treasury 91282CNG2 US Treasury Note 4.00% 6/30/2025 660,000.00 665,184.24 5,184.24 666,289.80 1,105.56 2,163.92 5/31/2030 3.82% $ (2,163.92) $ - $ - 1796 Subtotal $ 53,001,000.00 $ 51,591,343.34 $ (1,409,656.66) $ 52,907,302.08 $ 1,315,958.74 $ 12,894.64 $ 2,283,166.56 $ 1,514,320.07 $ 2,094,198.42 BNY MM Money Market 15,229.49 15,229.49 0.00 0.00% 1
LAIF State Investment Pool 20,144,462.08 20,168,601.39 24,139.31 4.27% 637,300.25 1 71,751,034.91 $73,091,132.96 $1,340,098.05 $12,894.64 $ 2,283,166.56 $ 1,514,320.07 $ 2,731,498.67 Matured Assets
FNMA 3135G0V75 Gov. Agency Debenture 1.75% 10/17/2019 1,100,000.00 1,105,833.30 5,833.30 7/2/2024 1.63% $ 90,956.25 $ 84,780.33 $ 98.70 Honeywell Int'l. 438516BW5 Corporate Bond 2.30% 11/20/2019 1,000,000.00 1,014,660.00 14,660.00 8/15/2024 1.64% $ 108,483.33 $ 91,844.87 $ 2,508.83 FFCB 3133EKQA7 Gov. Agency Debenture 2.08% 10/21/2019 1,000,000.00 1,019,780.00 19,780.00 9/10/2024 1.66% $ 101,631.11 $ 78,691.92 $ 3,305.61 US Treasury 912828YV6 US Treasury Note 1.50% 11/15/2023 700,000.00 673,667.97 (26,332.03) 11/30/2024 5.26% $ 10,930.33 $ 22,316.65 $ 14,975.65 Freddie Mac 3137EAEP0 Gov. Agency Debenture 1.50% 10/13/2023 1,000,000.00 951,540.00 (48,460.00) 2/12/2025 5.32% $ 19,958.33 $ 36,644.18 $ 31,870.61 US Treasury 91282CGU9 US Treasury Note 3.88% 11/30/2023 1,000,000.00 983,515.62 (16,484.38) 3/31/2025 5.17% $ 51,666.67 $ 29,822.81 $ 38,363.62 US Treasury 912828ZL7 US Treasury Note 0.38% 4/12/2022 1,700,000.00 1,583,927.57 (116,072.43) 4/30/2025 2.72% $ 19,441.99 $ 98,544.63 $ 36,984.65 US Treasury 912828ZW3 US Treasury Note 0.25% 8/9/2022 350,000.00 322,096.88 (27,903.12) 6/30/2025 3.16% $ 2,529.89 $ 19,915.08 $ 10,519.54 Total Investments "Matured" $ 138,627.21
Total Interest FY 24_25 Matured and Current $ 2,870,125.89 Maturity Profile Amount Percent
0-1 year $ 33,440,616.15 47%
1-2 years $8,090,861.61 11%
2-3 years $16,554,884.29 23%
3-5 years $ 13,664,672.86 19%
$71,751,034.91 100%
Town of Los Gatos
Investment Schedule
June 30, 2025
5

ITEM NO. 3.

Date Cusip/Id Description Transaction Type Trade Date Settlement Date Par Coupon Maturity Date Price Principal Interest Transaction
Total
6/3/2025 Cash-USD Cash-USD

SHORT TERM INVESTMENT
FUND INCOME 6/3/2025 6/3/2025 351.44 0.000% 100.00 - - 351.44 6/12/2025 3130B1BT3
FEDERAL HOME LOAN BANK 4.875%
12JUN2026 BOND INTEREST 6/12/2025 6/12/2025 1,150,000.00 4.875% 6/12/2026 - - 28,031.25 28,031.25 6/16/2025 3130ATUT2
FEDERAL HOME LOAN BANK 4.5%
14DEC2029 BOND INTEREST 6/14/2025 6/14/2025 505,000.00 4.500% 12/14/2029 - - 11,362.50 11,362.50 6/16/2025 91282CGA3 USA TREASURY 4% 15DEC2025 BOND INTEREST 6/15/2025 6/15/2025 2,100,000.00 4.000% 12/15/2025 - - 42,000.00 42,000.00 6/16/2025 46625HRS1
JPMORGAN CHASE & CO 3.2%
15JUN2026 (CALLABLE 15MAR26) BOND INTEREST 6/15/2025 6/15/2025 500,000.00 3.200% 6/15/2026 - - 8,000.00 8,000.00 6/18/2025 3134HAW33
FREDDIE MAC 4.75% 18DEC2029
(CALLABLE 18JUN26) BOND INTEREST 6/18/2025 6/18/2025 1,000,000.00 4.750% 12/18/2029 - - 23,090.28 23,090.28 6/23/2025 3130AQF65
FEDERAL HOME LOAN BANK 1.25%
21DEC2026 BOND INTEREST 6/21/2025 6/21/2025 1,300,000.00 1.250% 12/21/2026 - - 8,125.00 8,125.00 6/30/2025 91282CNG2 USA TREASURY 4% 31MAY2030 PURCHASE 6/27/2025 6/30/2025 660,000.00 4.000% 5/31/2030 100.79 665,184.24 2,163.93 667,348.17 6/30/2025 91282CEW7 USA TREASURY 3.25% 30JUN2027 BOND INTEREST 6/30/2025 6/30/2025 1,000,000.00 3.250% 6/30/2027 - - 16,250.00 16,250.00 6/30/2025 91282CCH2 USA TREASURY 1.25% 30JUN2028 BOND INTEREST 6/30/2025 6/30/2025 900,000.00 1.250% 6/30/2028 - - 5,625.00 5,625.00 6/30/2025 91282CJR3 USA TREASURY 3.75% 31DEC2028 BOND INTEREST 6/30/2025 6/30/2025 1,200,000.00 3.750% 12/31/2028 - - 22,500.00 22,500.00 6/30/2025 912828ZW3 USA TREASURY 0.25% 30JUN2025 BOND INTEREST 6/30/2025 6/30/2025 350,000.00 0.000% 6/30/2025 - - 437.50 437.50 6/30/2025 912828ZW3 USA TREASURY 0.25% 30JUN2025 REDEMPTION 6/30/2025 6/30/2025 350,000.00 0.000% 6/30/2025 100.00 350,000.00 - 350,000.00 Town of Los Gatos
Investment Transaction Detail
June 30, 2025
6

ITEM NO. 3.

CUSIP Security description Maturity
date Par/Shares Total market value ($)
S&P
rating
Moody's
rating
Insight ESG
rating Environment Social Governance
02665WEY3 AMERICAN HONDA FINANCE 4.95% 09JAN2026 1/9/2026 1,000,000 1,025,714 A- A3 3 2 4 3 02665WED9 AMERICAN HONDA FINANCE 4.7% 12JAN2028 1/12/2028 600,000 618,625 A- A3 3 2 4 3 037833DB3 APPLE INC 2.9% 12SEP2027
(CALLABLE 12JUN27) 9/12/2027 1,300,000 1,283,383 AA+ Aaa 5 2 5 5 17275RBR2 CISCO SYSTEMS INC 4.85% 26FEB2029
(CALLABLE 26JAN29) 2/26/2029 1,000,000 1,041,480 AA- A1 3 1 3 3 17325FBK3 CITIBANK NA 4.838% 06AUG2029
(CALLABLE 06JUL29) 8/6/2029 1,250,000 1,300,566 A+ Aa3 3 1 3 4 194162AR4 COLGATE-PALMOLIVE CO 4.6% 01MAR2028
(CALLABLE 01FEB28) 3/1/2028 500,000 516,160 A+ Aa3 3 3 4 3 437076CW0 HOME DEPOT INC 4.9% 15APR2029
(CALLABLE 15MAR29) 4/15/2029 1,000,000 1,036,171 A A2 3 3 3 3 437076BM3 HOME DEPOT INC 3% 01APR2026
(CALLABLE 01JAN26) 4/1/2026 1,000,000 998,249 A A2 3 3 3 3 46625HRS1 JPMORGAN CHASE & CO 3.2% 15JUN2026
(CALLABLE 15MAR26) 6/15/2026 500,000 495,874 A A1 3 2 3 4 46647PDG8 JPMORGAN CHASE & CO 4.851% 25JUL2028
(CALLABLE 25JUL27) 7/25/2028 1,400,000 1,443,836 A A1 3 2 3 4 713448DF2 PEPSICO INC 2.85% 24FEB2026
(CALLABLE 24NOV25) 2/24/2026 1,000,000 1,001,113 A+ A1 3 3 2 3 69353RFJ2 PNC BANK NA 3.25% 22JAN2028
(CALLABLE 23DEC27) 1/22/2028 1,000,000 989,820 A A2 3 2 4 3 857477CD3 STATE STREET CORP 5.272% 03AUG2026
(CALLABLE 03JUL26) 8/3/2026 800,000 825,255 A Aa3 2 1 2 3 89236TKL8 TOYOTA MOTOR CREDIT CORP 5.45% 10NOV2027 11/10/2027 1,600,000 1,659,314 A+ A1 3 2 3 5 91159HJF8 US BANCORP 4.548% 22JUL2028
(CALLABLE 22JUL27) 7/22/2028 1,000,000 1,022,217 A A3 3 3 4 4 Total Corporate / weighted average 14,950,000 15,257,775 3 2 3 4 ESG ratings are from 1 to 5, with 1 as the highest rating and 5 as the lowest. All ratings are weighted by industry rankings, based on the importance of the category within the individual industry

TOWN OF LOS GATOS, CA
Insight ESG ratings as of June 30, 2025
7

ITEM NO. 3.

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

GENERAL FUND
Non-Spendable:

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

Pension 2,188,659 - - - - - 2,188,659
Land Held for Resale 344,338 - - - - - 344,338
Committed Fund Balances:

Budget Stabilization 6,736,781 - - - - - 6,736,781
Catastrophic 6,736,781 - - - - - 6,736,781
Pension/OPEB 300,000 - - - - - 300,000
Measure G District Sales Tax 590,581 - - - - - 590,581
Assigned Fund Balances:

Open Space 410,000 - - - - - 410,000
Sustainability 140,553 - - - - - 140,553
Capital/Special Projects 8,651,059 - - - - - 8,651,059
Carryover Encumbrances 85,861 - - - - - 85,861
Compensated Absences 1,555,478 - - - - - 1,555,478
ERAF Risk Reserve 1,430,054 - - - - - 1,430,054
Market Fluctuations 1,712,246 - - - - - 1,712,246
Council Priorities - Economic Recovery 20,684 - - - - - 20,684 Unassigned Fund Balances:
111 Other Unassigned Fund Balance Reserve (Pre YE distribution) - 1,102,798 7,861,164 (4,588,105) - - 4,375,857 General Fund Total 31,062,075 1,102,798 7,861,164 (4,588,105) - - 35,437,932 * Interfund transfers and Council Priorities/Economic Recovery funding allocation to be performed as part of the fiscal year end closing entries.

June 2025
Prior Year
Carryforward
7/1/2024*
Increase/
(Decrease)
July - May
Estimated Fund
Balance
6/30/2025*
8

ITEM NO. 3.

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

SPECIAL REVENUE
211/212 CDBG 166,653 - - - - - 166,653
222 Urban Runoff (NPDES) 754,134 (114,548) 13,641 (18,592) - - 634,635 231-236 Landscape & Lighting Districts 182,625 (599) 16,907 (9,240) - - 189,693 251 Los Gatos Theatre 171,035 222,070 93,606 (15,900) - - 470,811 261-264,269 Library Trusts 556,849 20,365 - (6,290) - - 570,924 Special Revenue Total 1,831,296 127,288 124,154 (50,022) - - 2,032,716

CAPITAL PROJECTS
411 GFAR - General Fund Appropriated Reserve 20,253,300 (3,597,169) 108,418 (701,463) - - 16,063,086 412 Community Center Development 866,281 (59,616) - (4,744) - - 801,921 421 Grant Funded Projects (2,563,503) 11,050 1,677,963 (991,572) - - (1,866,062) 461-463 Storm Basin Projects 3,531,248 (544,068) 16,724 (85,817) - - 2,918,087 471 Traffic Mitigation Projects 509,491 - - - - - 509,491 472 Utility Undergrounding Projects 3,584,251 13,676 - - - - 3,597,927 481 Gas Tax Projects 1,928,167 (176,636) 166,534 - - - 1,918,065 Capital Projects Total 28,109,235 (4,352,763) 1,969,639 (1,783,596) - - 23,942,515

INTERNAL SERVICE FUNDS
611 Town General Liability 177,876 (709,389) - (57,272) - - (588,785) 612 Workers Compensation 586,246 (383,708) 5,573 (8,151) - - 199,960 621 Information Technology 2,523,347 (168,351) 163,580 (56,601) - - 2,461,975 631 Vehicle & Equipment Replacement 3,286,552 326,459 280,915 (3,497) - - 3,890,429 633 Facility Maintenance 960,526 (76,240) 2,083 (279,178) - - 607,191 Internal Service Funds Total 7,534,547 (1,011,229) 452,151 (404,699) - - 6,570,770 Trust/Agency
942 RDA Successor Agency (4,632,040) (1,709,153) 1,751,624 (114) - - (4,589,683) Trust/Agency Fund Total (4,632,040) (1,709,153) 1,751,624 (114) - - (4,589,683) Total Town 63,905,113 (5,843,059) 12,158,732 (6,826,536) - - 63,394,250 * Interfund transfers and Council Priorities/Economic Recovery funding allocation to be performed as part of the fiscal year end closing entries.

Deposit Accounts of Interest:
111-23541 General Plan Update deposit account balance $493,187.50 111-23521 BMP Housing deposit account balance $4,039,055.78 Prior Year
Carryforward
7/1/2024*
Increase/
(Decrease)
July - May
June 2025
Estimated Fund
Balance
6/30/2025*
9

ITEM NO. 3.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 08/19/2025
ITEM NO: 4
DATE: August 19, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Ratify the Town Council Selection Committee’s Recommended Youth Commissioner Appointments
RECOMMENDATION: Ratify the Town Council Selection Committee’s recommended Youth Commissioner appointments.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

STRATEGIC PRIORITY:

This item is not associated with a strategic priority; however, it does align with the core goal of civic engagement.

BACKGROUND:

The purpose of the Youth Commission is to foster civic and neighborhood pride, build a sense of identity, and promote knowledge, understanding, and engagement in the Town's municipal affairs. The Commission studies issues relevant to Los Gatos youth and advises the Town Council on such matters.

Since 2004, the Town Council has appointed students in grades 8 through 12 to serve on the Youth Commission. For the 2025–26 term, the Town conducted a recruitment to fill 16 seats with expiring terms. The recruitment period opened on June 5 and closed on July 25, 2025.

During this time, notifications were sent to eligible incumbent Commissioners, and outreach was conducted via postings at Town Hall, the Town’s website, social media, and the What’s New email newsletter.

ITEM NO. 4.

PAGE 2 OF 2
SUBJECT: Ratify the Town Council Selection Committee’s recommended Youth Commissioner appointments.

DATE: August 19, 2025
DISCUSSION:

At the close of the application period, the Town received 40 eligible applications. On August 6, 2025, the Town Council Selection Committee, comprised of Mayor Hudes, Vice Mayor Moore, and Police Chief Field, interviewed 36 applicants for 16 available positions. Three applicants were unavailable to be interviewed, and one incumbent applicant who could not attend submitted a letter requesting reappointment for the Committee’s consideration.

All the applicants demonstrated initiative and community spirit in applying for leadership positions to serve the Los Gatos community. The Selection Committee’s recommended appointments are listed in Attachment 1. In accordance with the Youth Commission Enabling Resolution (Attachment 2), appointments are for a one-year term.

CONCLUSION:

The Town Council Selection Committee recommends that the Council ratify the Youth Commission appointments as outlined in Attachment 1. The recommendations are based on a comprehensive review of each candidate’s application and interview.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Recommended Youth Commissioner Appointments

2. Youth Commission Enabling Resolution 2025-025

ITEM NO. 4.

RECOMMENDED YOUTH COMMISSIONER APPOINTMENTS

NAME GRADE IN
FALL
NEW OR

REAPPOINTED TERM TERM EXPIRATION
Heerod Amini 10 New 1 year 5/31/2026
Elijah Asheghian 11 Reappointed 1 year 5/31/2026
Pravin Balasingam 12 Reappointed 1 year 5/31/2026
Cody Chen 12 Reappointed 1 year 5/31/2026
Maanya Dixit 11 New 1 year 5/31/2026
Ivan Habib 10 New 1 year 5/31/2026
Wilber Huang 12 New 1 year 5/31/2026
Nova Jayaraj 11 Reappointed 1 year 5/31/2026
Nia Khanna 10 New 1 year 5/31/2026
Connor Krawez 12 Reappointed 1 year 5/31/2026
Katya Littfin 12 New 1 year 5/31/2026
Tian (James) Na 12 New 1 year 5/31/2026
Ryan Santosh 8 New 1 year 5/31/2026
Arnav Singhal 10 New 1 year 5/31/2026
Aashvee Vij 12 New 1 year 5/31/2026
Elaine Zou 11 New 1 year 5/31/2026
ATTACHMENT 1

ITEM NO. 4.

RESOLUTION 2025- 025

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 2018-008 AND

ESTABLISHING RULES FOR THE YOUTH COMMISSION
WHEREAS, it is recognized that a youth perspective on issues which pertain to the youth in the community is an important part of decision making in Town; and WHEREAS, there is value in increasing communication between adults and youth; and WHEREAS, there is value in having a mechanism for youth to have a voice in Town affairs and issues relating to youth; and
WHEREAS, the Town Council of the Town of Los Gatos found and determined that the purpose of the Youth Commission is to foster and encourage civic and neighborhood pride and a sense of identity through the knowledge, understanding, and increased involvement of the Town' s youth in the Town' s present and future municipal affairs.

NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS THAT:

1. There is a need for a Youth Commission to function in the Town of Los Gatos, which would establish a formal body by which the youth of Los Gatos would have a voice in the community.

2. There is hereby established a Youth Commission which shall generally be responsible for studying various problems, activities and other issues of concern to the youth in general, and for advising Council on matters pertaining to issues involving the youth of Los Gatos.
a. Membership/ Organization
i. The Youth Commission shall consist of nineteen ( 19) members. The members shall be students who are entering grades 8 through 12.

Membership for the students requires residency in the incorporated limits of the Town of Los Gatos or residency in the unincorporated areas of the County of Santa Clara, which have a Los Gatos mailing address. ii. Members shall serve a one- year term. Members may serve consecutive terms if re- interviewed and chosen after participating in the selection process.
iii. Members act as liaisons to Adult Town Commissions and are not considered voting members. The Commission shall appoint one ( 1) primary member and one ( 1) alternate to attend the following Town 1 of 3
Resolution 2025- 025 May 20, 2025
ATTACHMENT 2

ITEM NO. 4.

Board and Commission meetings as a non- voting liaison with the purpose of bringing information back to the Youth Commission to engage and foster a better understanding of civic process and government and providing a youth perspective to the commissions:

1. Arts and Culture Commission

2. Community Health and Senior Services Commission

3. Library Board

4. Parks Commission

5. Complete Streets and Transportation Commission

6. Diversity, Equity and Inclusion ( DEI) Commission
iv. In addition to all Youth Commission meetings, the primary member shall attend all meetings of the Board or Commission they are appointed to. If the primary member is not able to attend the meeting of the Board or Commission they are assigned, it shall be the responsibility of the alternate to attend the meeting. If the primary member misses three ( 3) meetings of the Board or Commission the Youth Commission shall appoint a new primary member, and if necessary, a new alternate. v. Liaisons shall provide a monthly report to the Youth Commission and be responsible for conveying the Youth Commission' s input to the Board or Commission.
vi. A majority of members shall constitute a quorum for the purpose of transacting business.
vii. Commission members shall serve without compensation, provided that, with advance budgetary approval of the Town Council, the actual and necessary expenses ( if any) incurred by the members in the conduct of Town business shall be reimbursable pursuant to the current Council policy.

3. The Commission shall hold a regular meeting at least once each month between September and May. The Commission shall establish a regular time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act ( Government Code Sections 54950 and following.)

4. The Commission shall elect a Chair and Vice- Chair, both of whom shall serve at the pleasure of the Commission. Terms of office shall be for one ( 1) year and shall begin on the first meeting in September and end the following May.

5. Minutes of the actions taken during its meetings shall be kept and filed with the Town Clerk Administrator.
2 of 3
Resolution 2025- 025 May 20, 2025

ITEM NO. 4.

6. Meeting attendance requirements will conform with all current Town Resolutions and Policies.

7. The duties of the Commission shall include the following:
a. Foster greater involvement of youth in municipal government affairs. b. Study problems, activities, and concerns of youth, especially as they relate to municipal programs or projects of the Town of Los Gatos. c. Hold forums on problems, activities and concerns of youth, either alone or in conjunction with other governmental agencies and community organizations, as the Commission deems desirable.
d. Review municipal matters referred to the Commission by the Town Council or other Town boards, committees, or commissions and, as appropriate, make recommendations on those matters.

BE IT FURTHER RESOLVED that Resolution 2018- 008 is hereby rescinded.

PASSED AND ADOPTED at a regular meeting of the Town Council ofthe Town of Los Gatos, California, held on the 20th day of May, 2025, by the following vote:

COUNCIL MEMBERS:

AYES: Rob Rennie, Mary Badame, Maria Ristow, Rob Moore and Mayor Matthew Hudes NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:

A/1"- !, -— 0CA---- 11./ si;:cifir‘.

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:

TOWN CO K OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
3 of 3
Resolution 2025- 025 May 20, 2025

ITEM NO. 4.

PREPARED BY: Dan Keller
Fleet & Facilities Operations 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: 08/19/2025
ITEM NO: 5
DATE: August 15, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement for Services with Frank and Grossman Landscape Contractors Inc. for Janitorial Services to Reduce the Scope of Work and Compensation through June 30, 2029
RECOMMENDATION: Authorize the Town Manager to Execute a First Amendment to the Agreement for Services with Frank and Grossman Landscape Contractors Inc. (Attachment 1) for a reduction of janitorial services for town facilities through June 30, 2029, decreasing the contract value for Fiscal Year 2025-26 from $266,920 to $205,536 and the total five-year contract from $1,270,370 to $1,024,834.

STRATEGIC PRIORITIES:

This action supports the strategic priority of prudent financial management.

FISCAL IMPACT:

To support budget-balancing efforts, janitorial services for Town facilities are being reduced to achieve cost savings. The recommended reduction decreases the contract amount for Fiscal Year 2025-26 from $266,920 to $205,536 and the total five-year contract amount from $1,270,370 to $1,024,834, representing a $245,536 (19%) savings compared to the original contract. The adopted FY 2025-26 Parks and Public Works operating budget includes sufficient expenditure appropriations to cover the amended contract costs (Account 6335423-63351).

Funding for subsequent fiscal years will be subject to future budget approvals.

BACKGROUND:

ITEM NO. 5.

PAGE 2 OF 2
SUBJECT: (Title Summary in Title Format)
DATE: i.e. March 17, 2016
A Request for Proposal (RFP) was conducted on April 19, 2024, for contracted janitorial services at the Town’s municipal facilities and park restrooms. Five companies were qualified based on the RFP requirements. Frank and Grossman Landscape Contractors Inc. presented the lowest responsible proposal, and on August 6, 2024, the Town Council authorized execution of an agreement for services.

DISCUSSION:

During the development of the proposed FY 2025-26 Operating Budget, Parks and Public Works was directed to identify cost-saving measures. A reduction in janitorial services was proposed as a cost-saving measure. This change reduces janitorial services at the Civic Center, Police Operations Building, and Parks and Public Works Buildings from six days per week, as originally contracted, to three days per week. The Library and all park restroom buildings will continue to receive service seven days each week. Window washing services at all town buildings are also being reduced from four times per year to once per year.

With this reduction of janitorial services, Town staff will take on the role of emptying trash and recycling materials as needed in staff offices. They have also been asked to clean up more diligently after themselves in the breakroom and kitchen areas.

The revised compensation for services is an amount not to exceed $1,024,834. Compensation for Years 2 through 5 are subject to an upward consumer price index (CPI) adjustment only.

The original agreement was for a total amount not to exceed $1,270,370. Therefore, this first amendment represents a savings to the Town of $245,536 over the five-year contract life (exclusive of future CPI increases).

CONCLUSION:

Authorize the Town Manager to execute a First Amendment to the Agreement for Services with Frank and Grossman Landscape Contractors Inc. to reduce the scope of work and compensation for the remaining life of the agreement.

ENVIRONMENTAL ASSESSMENT:

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

Attachment:

1. First Amendment to Agreement for Services with Exhibit A (cost reduction proposal)

ITEM NO. 5.

AMENDMENT TO AGREEMENT

PREAMBLE
This First Amendment to Agreement for Services is dated for identification on this 19th day of August 2025, and amends that certain Agreement for Services dated October 1, 2024, made by and between the Town of Los Gatos, ("Town,") and the Frank and Grossman Landscape Contractors Inc. (“Service Provider”) identified as an S Corporation and whose address is 3248 Arden Road Hayward, CA 94545.

RECITALS
A. Town and Consultant entered into an Agreement for Services on October 1, 2024 (“Agreement”), incorporated by reference.

B. Town desires to amend the Agreement to reduce the compensation of the agreement by decreasing the service schedule and materials used for the contract.

AMENDMENT
A. Exhibit A, Scope of Services, is replaced with Exhibit A to this Amendment.

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

Year 1 = 10/1/24 – 6/30/25 = $192,690 + $10,000 unforeseen = $202,690 Year 2 = 7/1/25 – 6/30/26 = $195,345 + $10,191 unforeseen = $205,536 Year 3 = 7/1/26 –6/30/27 = $195,345 + $10,191 unforeseen = $205,536 Year 4 = 7/1/27 – 6/30/28 =$195,345 + $10,191 unforeseen = $205,536 Year 5 = 7/1/28 – 6/30/29 =$195,345 + $10,191 unforeseen = $205,536 Compensation for services in the amount not to exceed $1,024,834, inclusive of all costs.

Compensation for Years 2 through 5 will be the base cost of $195,345 and shall be adjusted upward annually for the remaining term of this agreement by the change, if any, in the San Francisco-Oakland-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.

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

Amendment to Agreement - Frank and
Grossman Landscape Contractors Inc.

ATTACHMENT 1 Page 33
ITEM NO. 5.

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

Town of Los Gatos by: Frank and Grossman Landscape Contractors Inc. by:

Chris Constantin, Town Manager Rick Oropeza, Vice President of Commercial Operations
Recommended by:

Nicolle Burnham,
Director of Parks and Public Works
Approved as to Form:

Gabrielle Whelan, Town Attorney
Attest:

Wendy Wood, CMC, Town Clerk

Amendment to Agreement - Frank and Grossman
Landscape Contractors Inc.

ITEM NO. 5.

REVISED 7/1/2025 - PER ATTACHED SCHEDULE FOR JULY 1, 2025 THROUGH JUNE 30, 2029

COST PROPOSAL FORMAT
For all services described below, unless excluded by the Town in description of services, the Town shall consider unit prices to include all labor, equipment, fees of any kind, overhead, insurance, fuel, materials, surcharges, disposal fees, and any other costs associated with and necessary for the Bidder to perform such service. No qualifications, exemptions, or alterations of services described below will be allowed. Failure to comply will result in disqualification of bid.

A. BASIC SERVICES
BID

ITEM LOCATION DESCRIPTION
UNIT
PRICE
TIMES
PER
YEAR
ANNUAL
COST
1 Civic Center
Janitorial (except
windows) $2,500 12 $30,000
2 Parks & Public Works
(PPW) Service Center
Janitorial (except
windows) $2,500 12 $30,000
3 Police Operations Bldg.

Janitorial (except
windows) $1,760 12 $21,120
4 Library
Janitorial (except
windows) $5,865 12 $70,380
Civic Center Windows $615 4 1 $615
PPW Service Center Windows $615 4 1 $615
Police Operations Bldg. Windows $615 4 1 $615
5 Library Windows $3,000 4 1 $3,000
6 Park Restrooms Janitorial $3,250 12 $39,000
TOTAL $195,345
B. ADDITIONAL JANITORIAL SERVICES AS NEEDED

TIME AND MATERIALS BASIS
BID

ITEM DESCRIPTION PER HOUR COST
7 Service during the daytime hours of 7:00 a.m. to 7:00 p.m. weekdays with 24 hours or greater notice $56.65
8 Service during the evening hours of 7:00 p.m. to 7:00 a.m. or on weekends or holidays with 24 hours or greater notice $59.25 9 Service during the daytime hours of 7:00 a.m. to 7:00 p.m. weekdays with less than 24 hours notice $70.25
10 Service during the evening hours of 7:00 p.m. to 7:00 a.m. or on weekends or holidays with less than 24 hours notice $81.25 11 Day Porter 2:00 pm - 4:00 pm (Library only) $45.00
Note: 2 hour minimum will be paid for any service requiring less than 2 hours’ work

EXHIBIT A

ITEM NO. 5.

Monday Tuesday Wednesda Thursday Friday Saturday Sunday Town of Los Gatos
Civic Center Dispatch, Museum Restroooms X X X

CORP YARD X X
Police Operations X X X
Library X X X X X X X
Library Porter- Not Included
Library
PARKS
Park X X X X X X X
Park X X X X X X X
Park X X X X X X X
Park X X X X X X X
Park X X X X X X X

ITEM NO. 5.

Agreement for Services
Frank and Grossman Landscape Contractors Inc.

AGREEMENT FOR SERVICES

PREAMBLE
THIS AGREEMENT is dated for identification on this 6th day of August 2024 by and between TOWN and Frank and Grossman Landscape
Contractors Inc., identified as an S corporation and whose address is 3248 Arden Road, Hayward, CA 94545. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 Town sought quotations 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 janitorial services.

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 May 14, 2024, which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. The effective date of this Agreement shall begin October 1, 2024, 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.

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

ATTACHMENT 2 Page 37
ITEM NO. 5.

Agreement for Services
Frank and Grossman Landscape Contractors Inc.

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 all 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 (FY2024/25) shall not exceed $202,690. Compensation for future years will be the base cost of $266,920 and shall be adjusted upward annually for the remaining term of this agreement by the change, if any, in the San Francisco-Oakland-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.

Year 1 = 10/1/24 6/30/25 = $192,690 + $10,000 unforeseen = $202,690 Year 2 = 7/1/25 6/30/26 = $256,920 + $10,000 unforeseen = $266,920 Year 3 = 7/1/26 6/30/27 = $256,920 + $10,000 unforeseen = $266,920 Year 4 = 7/1/27 6/30/28 = $256,920 + $10,000 unforeseen = $266,920 Year 5 = 7/1/28 6/30/29 = $256,920 + $10,000 unforeseen = $266,920 Compensation for services in the amount not to exceed $1,270,370, inclusive of all costs. *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:

ITEM NO. 5.

Agreement for Services
Frank and Grossman Landscape Contractors 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 employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

ITEM NO. 5.

Agreement for Services
Frank and Grossman Landscape Contractors Inc.

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.

ITEM NO. 5.

Agreement for Services
Frank and Grossman Landscape Contractors 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 . 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 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)

ITEM NO. 5.

Agreement for Services
Frank and Grossman Landscape Contractors 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 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. 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,

ITEM NO. 5.

Agreement for Services
Frank and Grossman Landscape Contractors 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 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

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:

ITEM NO. 5.

Agreement for Services
Frank and Grossman Landscape Contractors Inc.

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Frank and Grossman
Landscape Contractors Inc.,
3248 Arden Road,
Hayward, CA 94545
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.

ITEM NO. 5.

Agreement for Services
Frank and Grossman Landscape Contractors Inc.

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

Town of Los Gatos by:

Laurel Prevetti, Town Manager
Recommended by:

Nicolle Burnham
Director of Parks and Public Works
Frank and Grossman Landscape Contractors
Inc. by:

Rick Oropeza, Vice President of Commercial
Operations
Approved as to Form: _____________________________________ Gabrielle Whelan, Town Attorney Attest: ______________________________________ Wendy Wood, CMC, Town Clerk

ITEM NO. 5.

PREPARED BY: Ryan Baker
Library 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: 08/19/2025
ITEM NO: 6
DATE: August 19, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Approving a List of Approved Street Names for New Street Projects
RECOMMENDATION: Adopt a resolution approving a list of approved street names for new street projects.

FISCAL IMPACT:

None. No fiscal impact is associated with this decision.

STRATEGIC PRIORITY:

This item is not directly associated with a current Strategic Priority.

BACKGROUND:

Government Code Section 34091.1 authorizes towns and cities to name streets. The Town maintains a list of approved street names to be used in public or private projects in which new streets or roadways will be built or renamed. The current list was adopted through resolution by the Town Council in 1982 (Resolution 1982-175). Additional names were necessary to accommodate new developments being approved in the Town.

DISCUSSION:

The adopted list from 1982 contained mostly names of early Los Gatos historical figures and is largely exhausted. The updated list contains names of flora and fauna historically common to the flatlands, foothills, and watershed that encompasses Los Gatos and do not duplicate existing street names within zip codes 95030, 950331, 95032, or 95033.

ITEM NO. 6.

PAGE 2 OF 2
SUBJECT: Approved Street Names
DATE: August 19, 2025
Note that the inclusion of a name on this list does not guarantee the name will ever be selected for actual use as a street name. If a name is selected for actual use, either by a developer for a new project, or by the Town for a public project or street renaming, an application must be filed with the US Postal Service for final approval.

The adoption of the resolution and street name list contained in this report is timely to address the immediate needs of pending development applications. In the future, it would be beneficial to establish a consistent process in development and approving street names for use in the Town. The infrequent nature of new streets gives the Town time to develop such guidance.

COORDINATION:

The proposed list was prepared in coordination between Library Staff, the Public Works Department, the Community Development Department, and the Los Gatos Monte Sereno Police Department.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Draft Resolution

2. Exhibit A - Proposed 2025 Street Name List

3. 1982 Street Name List

ITEM NO. 6.
1 of 1
Resolution 20 - August 19, 2025
RESOLUTION 2025 -xx

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING THE

LIST OF NAMES TO BE USED FOR NAMING NEW STREETS
WHEREAS, Government Code Section 34091.1 authorizes towns and cities to name streets; and
WHEREAS, the Town maintains a list of approved street names for use as the need arises; and
WHEREAS, the current approved street name list was adopted by Resolution 1982-175, and over the past four decades, the list has been largely exhausted, leaving limited naming options available; and
WHEREAS, the Town has compiled a new list of approved street names; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby declare, determine, and order as follows: that the Town Council of the Town of Los Gatos hereby approves and adopts the 2025 List of Approved Street Names (Exhibit A).

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the nineteenth day of August, 2025, 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 Page 48
ITEM NO. 6.
2025 Approved Street Names (Resolution _#_)
Names representing flora and fauna historically found in the flatlands, foothills, and watershed of the area encompassing Los Gatos:

1. Arroyo Willow Salix lasiolepis is a fast-growing riparian shrub that stabilizes streambanks and supports wildlife.

2. Bay Checkerspot Euphydryas editha bayensis, is a black, orange, and white butterfly with a threatened status, that was once historically common on the serpentine grasslands of the area.

3. Bay Laurel Umbellularia californica is a large hardwood tree with edible nuts and aromatic leaves.

4. Blue Elderberry Sambucus nigra cerulea is a large coarse textured shrub species with blue berries that are important for native pollinators.

5. Bobcat Lynx rufus is one of two Los Gatos namesake wild cats, a widespread but rarely seen feline that is highly adaptable to different environments, including suburban interfaces, and an active twilight and dawn hunter.

6. Buckeye Aesculus californica is a deciduous tree with fragrant flowers and toxic seeds that were processed for medical purposes by indigenous peoples in California.

7. Chaparral Currant Ribes malvaceum is a deciduous shrub with early blooming pink flowers that attract local hummingbirds.

8. Coyote Brush Baccharis pilularis is an evergreen shrub that attracts native pollinators and provides nesting cover for small birds.

9. Ensatina Ensatina eschscholtzii xanthoptica is a lungless salamander, of which the Yellow-eyed Enstaina subspecies can be found along the Los Gatos Creek.

10. Globe Lily Calochortus albus is a perennial herbaceous bulb with small hanging flowers commonly seen in the foothills after winter rains.

11. Golden Violet Viola pedunculata is a perennial yellow wildflower resembling a pansy and providing abundant color during wildflower blooms.

12. Hoita Hoita strobilina is a perennial herb with purple flowers that is considered a rare and threatened species due to limited occurrences and habitat specificity.

13. Jewelflower Streptanthus glandulosus pulchellus is a rare regionally specialized species of flowering plant in the mustard family with twisting flowers.

14. Mariposa Lily Calochortus luteus is perennial lily with bright yellow tulip-like flowers that bloom after winter rains and are a favorite of native plant enthusiasts.

15. Miner’s Lettuce Claytonia perfoliate is a common shade plant with distinctive round edible leaves high in vitamin C.

16. Mountain Lion Puma concolor, is one of two Los Gatos namesake wild cats, also commonly referred to as a puma, it is a native apex predator that roams territories of up to 100 square miles and vital for regulating mesopredator populations.

ATTACHMENT 2 Page 49
ITEM NO. 6.

17. Mule Ear Wyethia glabra is a plant in the sunflower family with long oblong leaves and daisy-like flowers that support native solitary bees.

18. Owl Clover Castilleja exserta (formerly Orthocarpus purpurascens) is pollen source for native insects in spring and derives nutrients from the roots of plants and grasses for survival.

19. Purple Needlegrass Nassella pulchra is considered a keystone species in native plant ecosystems that outcompetes invasive grasses and provides local wildlife habitat.

20. Ringtail Bassariscus astutus is a solitary and elusive nocturnal carnivore with a distinctive black and white ringed tail that hunts small rodents.

21. Toyon Heteromeles arbutifolia is an iconic evergreen shrub with serrated leaves and red berries that are provide a specialized food source for several species of birds and mammals.

22. Valley Dudleya Dudleya abramsii setchellii is a rare and highly localized succulent with a threatened species status that forms dense clusters of rosettes in rocky outcrops with poor soil nutrients.

23. Valley Oak Quercus lobata are large oaks with lobed leaves, deep taproots to access distant groundwater, and acorns that were processed as flour and used as a food supply by Indigenous peoples.

24. Western Redbud Cercis occidentalis is a small tree with dark pink pea-like edible flowers that attract native bees and butterflies.

25. Yerba Santa Eriodictyon californicum is a fire-adapted shrub with aromatic leaves that were used by Indigenous peoples and Spanish settlers to treat colds and respiratory conditions.

ITEM NO. 6.

RESOLUTION NO. 1982 - 175

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

ADOPTING THE LIST OF

HISTORIC NAMES TO BE USED FOR NAMING NEW STREETS
RESOLVED, that the Town Council hereby adopts the following procedure and the attached list as the official list of names to be used when naming new streets in the Town.

PROCEDURE:

1. Whenever a new street is proposed as part of a subdivision, the subdivider shall choose a name for each street in the subdivision from the attached list prior to the Planning Commission hearing on the tentative map.

2. The chosen names will be resubmitted to County Communications for a final check and then will appear on the tentative and final maps.

3. If a proposed street name is rejected for any reason the subdivider shall choose another.

4. The Town Clerk will note on a copy of this resolution which names have been used on recorded maps.

ATTACHMENT 3 Page 51
ITEM NO. 6.

FURTHER RESOLVED, that this resolution and list of names supercedes any previous list adopted by the Town Council.

PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at a Regular meeting held this 4th day
of October 1982, by the following vote:

AYES: COUNCIL MEMBERS Ruth Cannon, Marlyn J. Rasmussen, Peter Siemens and Mayor Brent N. Ventura
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Thomas J. Ferrito
SIGNED:

MAYOR OF THE TOWiV OF LOS GATOS
ATTEST:

DEPUTY CLERK OF THE TOWN OF OS GATOS
2 -

ITEM NO. 6.

FORMER STREET NAMES: ( Source: Tax Assessment Records; 1891 Map; G. Bruntz History)

1. Bungalow Terrace

2. Front Street

3. Hotel Street

4. La Montagne Street

5. Levy Hill

6. Market Street

7. Mill Road
B. Orange Avenue

9. School Street

10. Taylor Street
PRE - 1860 HISTORIC NAMES: ( Source: History of L. G. Bruntz; William Wulf)

1. Ohlone Local Indian Tribe

2. Costanes Local Indian Tribe

3. Serra Catholic Mission Founder

4. Costanoan Local Indian Tribe

5. Quiroste Local Indian Tribe

6. Lasuen Spanish Missionary

7. Sierra Azule
Subdivision ) only

8. Alerche Spanish name for redwoods

9. Cuesta de Los Gatos Ridge of the Cats"

10. Mojonera Early name for Los Gatos Creek

11. Arroyo del Rancho Early name for Los Gatos Creek

12. Sebastian Mexican settler

13. Sepulveda Mexican settler

14. Gertrudis Mexican settler
FORMER SUBDIVISION NAMES: ( Source: Tax Assessment Records; 1891 Map at L. G. Museum)

1. Bartlett Subdivision

2. Betsy Showers Subdivision

3. Briggs Subdivision

4. Brunskill Tract

5. Goldsworthy Addition

6. Hayselden Subdivision ) choose one

7. Hazelton Subdivision ) only

8. Hildebrand Subdivision

9. Nott Tract

10. Quick Subdivision

11. Sackett Subdivision

12. Stanley Subdivision

13. Shore Tract

14. Templeton Tract
3 -

ITEM NO. 6.

FORMER LARGE PROPERTY OWNER NAMES: ( Source: 1891 Map at L. G. Museum)

1. Connor

2. Gillespie

3. Kirkland

4. Naramore

5. Troth

6. Van Ness

7. Wilcox
CONTRIBUTOR" CITIZENS OF EARLY LOS GATOS: ( Source: History of Los Gatos, G. Bruntz)

1. Berryman Merchant

2. Cilker Orchardist

3. Crider Merchant

4. Curtis Dried Fruit Packer

5. Farnham Wagoneer

6. Ford Train Conductor

7. Gober Physician

8. Hamsher Banker

9. Mariotti Hotel Owner

10. Mc Cobb First Postmaster ( 1864)

11. McMillan Lumber Yard

12. Rockyfellow Inn Keeper

13. Seaner First Council

14. Simond Rancher

15. Suydam Publisher

16. Touchard Money Lender to Forbes

17. Trantham School Board

18. Turner Bank President

19. Walker News Editor

20. Watkins Druggist

21. Yauntz Mail

22. Yocco School Board / Meat Market
4 -

ITEM NO. 6.

PREPARED BY: Ryan Baker
Library 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: 08/19/2025
ITEM NO: 7
DATE: August 19, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve Purchase Orders with Baker and Taylor not to exceed $115,000 for Fiscal Year (FY) 2025-26
RECOMMENDATION: Approve Purchase Orders with Baker and Taylor not to exceed $115,000 for Fiscal Year (FY) 2025-26.

FISCAL IMPACT:

There is no additional fiscal impact beyond what has already been budgeted. Sufficient funds are included in the FY 2025–26 Library budget to fully cover the anticipated purchase amount.

STRATEGIC PRIORITY:

This item is not associated with a strategic priority; however, it does align with the core goal of good governance.

BACKGROUND:

The Library works with several book distributors to purchase books and other Library materials.

Baker and Taylor is a discount distributor of published materials working directly with major publishers. The Library has frequently used Baker and Taylor as one of their purchasing channels for over thirty years to obtain high-demand books and other published materials at discounted prices.

ITEM NO. 7.

PAGE 2 OF 2
SUBJECT: Approve Purchase Orders with Baker and Taylor
DATE: August 19, 2025
DISCUSSION:

The Town’s Purchasing Policy requires that all purchase orders and agreements that exceed $100,000 be approved by the Town Council. The Library anticipates purchases up to $115,000 in FY 2025-26 with this vendor. The purchase order constitutes the agreement between the parties.

ENVIRONMENTAL ASSESSMENT:

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

ITEM NO. 7.

PREPARED BY: Ryan Baker
Library 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: 08/19/2025
ITEM NO: 8
DATE: August 19, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize an Expenditure Budget Appropriation Adjustment to the Community Grants Line Item in the Amount of an Increase of $5,000 from $150,000 to $155,000
RECOMMENDATION: Authorize an expenditure budget adjustment to the Community Grants line item in the amount of $5,000 to be consistent with Council direction provided on May 20, 2025.

FISCAL IMPACT:

Authorizes an additional $5,000 from General Fund Unassigned Fund Balance to line item 2102- 67701 in Fiscal Year 2025-26 to increase the appropriation from $150,000 to $155,000.

STRATEGIC PRIORITY:

Not Applicable.

BACKGROUND:

At the May 20, 2025, Town Council meeting, the Council approved a motion (4-1) to increase the total Community Grants Fund to $155,000.

However, the budget resolution adopted on June 3, 2025, inadvertently reflected a total appropriation of $150,000 for Community Grants. This report corrects that discrepancy to ensure consistency with the Council’s action on May 20, 2025, by aligning the Community Grants allocation with the approved amount of $155,000.

ITEM NO. 8.

PAGE 2 OF 2
SUBJECT: Authorize a Budget Adjustment the Community Grants Line Item DATE: August 19, 2025
DISCUSSION:

A budget adjustment of $5,000 to account 2102-67701 will correct the discrepancy and bring the Community Grant budget to the amount approved in Council’s motion on May 20, 2025.

ENVIRONMENTAL ASSESSMENT:

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

ITEM NO. 8.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 08/19/2025
ITEM NO: 9
DATE: August 19, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve the Revised Town Council Code of Conduct Policy 2-04 RECOMMENDATION: Approve the revised Town Council Code of Conduct Policy 2-04.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

STRATEGIC PRIORITY:

This item is not associated with a strategic priority; however, it does align with the core goal of civic engagement.

BACKGROUND:

The Town Council’s adopted Code of Conduct Policy provides guidelines and procedures governing Council Members’ interactions with each other, Town Boards and Commissions, the public, the media, and Town staff. In addition, the Policy outlines expectations for Council Member conduct before, during, and outside of Council meetings, including the specific duties of the Mayor and Vice Mayor.

The Policy was last updated in October of 2022. Since that time, questions have arisen regarding communication between Council Members and Commissioners with the media and the public, as well as concerns about the process for handling Code of Conduct complaints and enforcement mechanisms.

In response to these concerns, the Council Policy Committee was tasked with reviewing the Town's Code of Conduct policy. The Committee convened several times this year to discuss

ITEM NO. 9.

PAGE 2 OF 2
SUBJECT: Approve the revised Town Council Code of Conduct Policy 2-04 DATE: August 19, 2025
potential updates, with the goal of improving clarity and promoting good governance through respectful and transparent conduct among Town officials. The policy committee’s recommendations were presented at the May 6, 2025, Town Council.

DISCUSSION:

Staff prepared additional revisions to the Code of Conduct in response to feedback received from Council Members and the public at the May 6, 2025, meeting. These revisions were presented for further Council consideration at the June 17, 2025, Study Session. At that meeting, the Council directed staff to incorporate the recommended changes, with the exception of provisions related to Council Member service on non-profit boards and communications at community events, which were removed from the policy.

At the August 3, 2025, Study Session, staff presented the updated draft policy, which included clarified procedures for addressing Code of Conduct complaints, updated language regarding communication among Council Members and with the public, and simplified enforcement language. After discussion, the Council reached consensus to approve the proposed revisions and requested that the phrase “violation against a Council Member” be replaced with “complaint against a Council Member” where appropriate.

CONCLUSION:

The proposed revisions to the Town Council Code of Conduct Policy 2-04 reflect the Council’s direction from multiple meetings, incorporating public input and clarifying the process for handling complaints. The goal of the revised policy is to promote transparency, accountability, and respectful communication among Town officials and with the public. Accordingly, staff recommends that the Town Council approve the revised Code of Conduct Policy. Upon adoption, the revised policy will be posted to the Town website.

COORDINATION:

This report was prepared in coordination with the Town Manager and the Town Attorney.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Redline Council Code of Conduct Policy 2-04

2. Draft Council Code of Conduct Policy 2-04

ITEM NO. 9.

COUNCIL POLICY MANUAL
Title: Town Council Roles and Responsibilities,
Including Code of Conduct
Policy Number: 2-04
Effective Date: 5/3/2004 Pages: 8
Enabling Actions: 2004-059; 2006-111;
2021-047
Revised Date: 12/17/2012; 3/3/2015;
12/17/2019; 11/2/2021; 10/04/2022
Approved:

I. Preamble
This Policy sets forth the roles, responsibilities, and Code of Conduct for Council Members. The legal responsibilities of the Los Gatos Town Council are set forth by applicable state and federal laws. In addition, the Town Council has adopted regulations, including this Code of Conduct Policy, that hold Council Members to standards of conduct above and beyond what is required by law. This Policy is written with the assumption that Council Members, through training, are aware of their legal and ethical responsibilities as elected officials. These expectations of conduct also apply to all members of the Town’s Boards, Committees, and Commissions. The purpose of this Policy is not only to ensure legal compliance but also to promote the public’s trust in Town government and foster a culture of respect and ethical behavior. The Council recognizes that effective governance depends on transparency, accountability, and mutual respect among Council Members, staff, and the public.

II. Council-Manager Form of Government
The Town of Los Gatos operates under a Council-Manager form of government as prescribed by Town Code, Section 2.30.305. Accordingly, members of the Council are elected at-large, provide legislative direction, set Town policy, and ultimately answer to the public. The Town Manager serves as the Town’s chief administrative officer and is responsible for directing the day-to-day operations of the Town and implementing policy direction.

III. Town Council Roles and Responsibilities
The role of the Town Council is to act as a legislative and quasi-judicial body. Through its legislative and policy authority, the Council is responsible for assessing and achieving the community’s desire for its present and future and for establishing policy direction to achieve its desired outcomes. All members of the Town Council, including those who serve as Mayor and Vice Mayor, have equal votes.

Small Town Service Community Stewardship Future Focus
ATTACHMENT 1

ITEM NO. 9.

TITLE: Town Council Code of Conduct
Page:

Policy Number:
2-04
Members of the Town Council fulfill their role and responsibilities through the relationships they have with each other and the public. Town Council Members should approach their work, each other, and the public in a manner that reflects ethical behavior, honesty and integrity. The commitment of Town Council Members to their work is characterized by open constructive communication, innovation, and creative problem solving.

IV. Mayoral and Vice Mayoral Selection Process
Per Town Municipal Code, Section 2.20.035, the selection of the Mayor and Vice Mayor occurs annually at a special meeting in December by majority vote of the Town Council. The Mayor and Vice Mayor serve at the pleasure of the Town Council and may be replaced by a majority vote of the Council.

V. Mayoral and Vice Mayoral Roles, Responsibilities, Relationships The following outlines some of the key roles, responsibilities, and relationships as they relate to the positions of Mayor and Vice Mayor:

Mayor
A. The Mayor is the presiding officer of the Town Council. In this capacity, the Mayor is responsible for developing Council agendas in cooperation with the Town Manager and leading Council meetings.

B. The Mayor recommends various standing committee appointments to the Council for approval.1 This will be done at a Council meeting in December of each year. When making committee recommendations, the Mayor should attempt to balance shared responsibilities and opportunities among Council Members. The Mayor may also appoint citizens to committees not established by Town ordinance or resolution as s/hethe Mayor deems appropriate.

C. With regard to decisions made by a majority of the Town Council, Tthe title of Mayor is responsible for carries with it the responsibility of communicating with the Town Council, the Town Manager, members of the public, and the media regarding decisions made by a majority of the Town Council. The Mayor also represents the Council at official and ceremonial occasions.

D. The Mayor performs special duties consistent with the Mayoral office, including, but not limited to: signing of documents on behalf of the Town, issuing proclamations, serving as the official voting delegate for various municipal advocacy groups, and delivering the State of the Town Address at his or her discretion.2 The Town Council will determine any additional authority or duties that the Mayor shall perform.

E. Special duties consistent with the Mayoral office may be delegated to the Vice Mayor or any other member of the Town Council. in the absence of the Mayor. If the Vice Mayor is unavailable, the duties of the Mayor will be delegated to another Council Member in 1 Council Agenda Format and Rules Policy
2 Council Commendation and Proclamation policy

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order of seniority. If those Council Members are of equal seniority, one of them will be selected by alphabetical order.

F. In the event that one or more members of a Town Board, Commission, or Committee acts in a manner contrary to approved Board/Commission policies and procedures, the Mayor may counsel those members about the rules set forth in the Town Commissioner Handbook.3
Vice Mayor
A. In the Mayor’s absence, the Vice Mayor shall perform the formal duties of the Mayor.4 B. If the Vice Mayor is unavailable, the duties of the Mayor will be delegated to another Council Member in order of seniority. If those Council Members are of equal seniority, one of them will be selected by alphabetical order.When the Vice Mayor performs the duties of the Mayor in his/her absence, the Vice Mayor also carries the responsibility of communicating with the Town Manager, Town Council, and members of the public.

VI. Council Conduct in Public Meetings
To ensure the highest standards of respect and integrity during public meetings, Council Members should:

A. Use formal titles. The Council should refer to one another formally during Council meetings, such as Mayor, Vice Mayor, or Council Member or Mr., Mrs., or Ms., followed by the individual’s last name.

B. Practice civility and decorum in discussions and debates. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. During public discussions, Council Members should be respectful of others and diverse opinions and allow for the debate of issues.

C. Honor the role of the presiding officer in maintaining order and equity. Respect the Mayor/Chair's efforts to focus discussion on current agenda items.

D. Council decisions should be reserved until all applicable information has been presented.

E. Conduct during public hearings. During public testimony, Council Members should refrain from engaging the speaker in dialogue. Speakers at public meetings will be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional but not required. For purposes of clarification, Council Members may ask the speaker questions. Council comments and discussion should commence upon the conclusion of all public testimony.

F. Communication during meetings. Council Members shall not use private electronic communication (including text messages, emails, or direct messages on social media) to discuss any item of Town business during public meetings. All such communications related to Town business are subject to public records laws. 3 Resolution 1999-167 4 Council Agenda Format and Rules Policy

ITEM NO. 9.

TITLE: Town Council Code of Conduct
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VII. Maintaining Civility at Council Meetings
The public is welcome to participate at Town Council meetings and the Mayor should remind the public of the Town’s expectations for civility in order for the business of the Town to be completed efficiently and effectively. These expectations include and are not limited to:

A. For the benefit of the entire community, the Town of Los Gatos asks that all speakers follow the Town’s meeting guidelines by treating everyone with respect and dignity. This is done by following meeting guidelines set forth in State law, in the Town Code, and on the cover sheet of the Council agenda.

B. The Town embraces diversity and strongly condemns hate speech and offensive, hateful language or racial intolerance of any kind at Council Meetings.

C. Town Council and staff are well aware of the public’s right to disagree with their professional opinion on various Town issues. However, anti-social behavior, slander, hatred, and bigotry statements are completely unacceptable and will not be tolerated in any way, shape or form at Town Council meetings.

D. All public comments at the Town Council meeting must pertain to items within the subject matter jurisdiction of the Town and shall not contain slanderous statements, hatred, and bigotry against non-public officials.

E. The Town will go through the following steps if a disturbance results from a member of the public not following these rules:

1. If participating remotely, Town staff may mute the individual with an explanation for the record of why muting occurred consistent with this Policy.

2. If participating in-person, the Mayor may call a recess for violation of this Policy, resulting in the immediate cessation of the audio and video recording and the Council exiting the Chamber. Staff will determine if the individual should be removed or if all members of the public should leave depending on the extent of the disturbance. In the event that all public members exit, only the press would be allowed back in the meeting. Once the individual(s) leave, the Council would return to the Chamber and the Mayor would resume the meeting.

3. Persons disrupting a Council meeting may be cited for violation of the California Penal Code Section 403.

VIII. Legal Requirements
The Town Council operates under a series of laws that regulate its operations as well as the conduct of its members. The Town Attorney serves as the Town’s legal officer and is available to advise the Council on these matters.

A. Training
Biannual training in the following areas shall be provided by staff to Council Members:

ITEM NO. 9.

TITLE: Town Council Code of Conduct
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1. The Ralph M. Brown Act

2. Town / CA State Law on Conflict of Interest (AB 1234)

3. Government Section 1090

4. Incompatible Offices

5. The Fair Political Practices Commission Forms

6. Bias

7. Town / CA State Law on Harassment (SB 1343)
B. Procurement
Unless authorized by the Town Council, Council Members shall not become involved in administrative processes for acquiring goods and services.

C. Special Considerations for Land Use Applications

1. Ex parte communications. The merits of an application shall only be evaluated on information included in the public record. Council Members shall disclose ex parte communication and any information obtained outside of the public record that may influence his/her decision on a matter pending before the Town Council. Council disclosure shall occur after the Public Hearing section of the agenda, and before Council deliberations.

1.2. Quasi-Judicial Decisions. Council Members may not offer an opinion indicating that a preliminary decision has been reached prior to the public hearing or make any statements indicating bias. Quasi-judicial statements are those in which a decisionmaker is required to render a decision by applying the law to particular facts presented at a hearing on the matter. Examples of quasi-judicial decisions are certain land use entitlements, permit appeals, and license revocations.

D. Code of Conduct Policy
Newly elected Council Members are strongly encouragedrequired to sign a statement affirming they have read and understand the Town of Los Gatos Council Code of Conduct Policy.

E. Non-Profit Organizations
Council Members may not sit on boards of directors of non-profit organizations which receive funding or in-kind contributions from the Town, unless the role serves , a legitimate Town purpose, such as the League of California Cities, and the participation is approved by the full Council.

IX. Council Participation in Boards, Commissions, and Committees, and Reporting Requirements
There are several committees that Town Council Members have been appointed to or have an interest in, including but not limited to: Town Council standing and ad hoc committees, Town

ITEM NO. 9.

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boards and commissions, regional boards and commissions, and community-generated committees.

Primary Council representatives should update the Council about board, commission, and committee activities. When serving as the primary Council representative on any board, commission, or committee, Council Members should periodically provide updated reports to the Council during the “Council Matters” opportunity on the Council meeting agenda.

Recommended actions by Council Committees should be reported to the Council. When serving on a Council Committee, whether standing or ad hoc, all work undertaken by the Committee must be directed by the Council, and all recommended actions of a Council Committee shall be reported to the Council.

X. Council Relationship with Town Staff
The Town Council has adopted a Council-Manager form of government. The Town Manager’s powers and duties are outlined in the Town Code, Section 2.30.295.

Council Conduct and Communication with Town Staff
To enhance its working relationship with staff, Council should be mindful of the support and resources needed to accomplish Council goals. When communicating and working with staff, Council should follow these guidelines:

A. Council Members should treat staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with Council colleagues, practice civility and decorum in all interactions with Town staff.

B. Council Members should direct questions about policy, budget, or professional opinion to the Town Manager, Town Attorney, or Department Directors. Council Members can direct questions and inquiries to any staff for information that is readily available to the general public or easily retrievable by staff.

C. The Town Manager and staff are responsible for implementing Town policy and/or Council action. The processing of Council policy and decisions takes place with the Town Manager and staff. Council should not direct policy/program administrative functions and implementation; rather, it should provide policy guidance to the Town Manager.

D. Council Members should attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to Council meetings. Early feedback will enable staff to address Council questions and incorporate minor corrections or changes to a Council report, resulting in a more efficient Council meeting discussion; however, this does not preclude Council Members from asking questions at Council Meetings.

E. Council Members should not direct the Town Manager to initiate any action, change a course of action, or prepare any report without the approval of Council. The Town Manager’s responsibility is to advise on resources available and required for a particular course of action as it relates to the direction of the majority of the Council.

ITEM NO. 9.

TITLE: Town Council Code of Conduct
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F. Council Members should not attend department staff meetings unless requested by the Town Manager.

G. All Council Members should have the same information with which to make decisions.

Information requested by one Council Member will be shared with all members of the Council.

H. Concerns related to the behavior or work of a Town employee should be directed to the Town Manager. Council Members should not reprimand employees.

I. Per California Government Code, Sections 3201-3209, Council Members should not solicit financial contributions from Town staff or use promises or threats regarding future employment. Although Town staff may, as private citizens with constitutional rights, support political candidates, such activities cannot take place during work hours, at the workplace, or in uniform.

XI. Council Communication with the Public and other Council Members The public has a reasonable expectation of being able to engage Town Council Members on matters of community concern. To meet this expectation while maintaining the integrity of Council proceedings and the clarity of Town positions, the following guidelines shall apply:

A. Expressing Opinions:

Council Members may express preliminary opinions on general policy matters or issues that are still in development. However, Council Members shall not express opinions or make statements regarding quasi-judicial matters—such as land use entitlements, permit appeals, or license revocations—prior to the public hearing and Council deliberation.

B. Personal Views and Policy Disagreement:

Council Members may, from time to time, share opinions regarding broad policy matters, even if those opinions conflict with adopted Council policy, or explain the reasoning behind an individual vote. When doing so, Council Members must clearly distinguish their personal views from official Town positions.

C. Clarity of Representation:

Unless expressly authorized by the Town Council, Council Members must not represent their personal opinions or those of others as official Town policy or as the position of the full Council or staff. In all communications, whether in writing, at community events, or in the media, Council Members should use clear language such as:
“Speaking for myself and not on behalf of the Town Council…” Community Events:

Council Members may speak at community events or public forums, provided it is made clear that they are not representing the official position of the Town Council as a whole unless specifically authorized to do so.

D. General Conduct:

Council Members are expected to communicate honestly, respectfully, and transparently, and to avoid statements or implications that could mislead the public,

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TITLE: Town Council Code of Conduct
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other agencies, or Town staff regarding the official position of the Town or Town Council.

These requirements are intended to ensure open communication with the public while safeguarding the integrity of Council proceedings and the clarity of official Town positions.

XII. Enforcement
A. Purpose
The Council Code of Conduct Policy establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Councilmembers. This section describes a process to facilitate the reporting of Code of Conduct policy violations or other misconduct and provides guidelines on responding to such reports.

B. Procedures

1. Reporting of Complaints – Complaints related to a Council Code of Conduct policy violation or other misconduct shall be submitted through the Town Clerk in writing or in any other such form that can be reviewed, documented, retained, and transmitted to the Town Council.
a. The submission of a complaint is to allow the Town Council to receive and potentially consider further action related to such complaint. b. The validity of any allegations provided through complaint can only be determined by the entire Town Council.
c. Complaint submission alone or a lack of Town Council action on the complaint is not a determination of validity toon the basis of the complaint.

Submission of Complaint -

2. To ensure completeness in the submission, the complaint should include the following information:
a. The identity of the complainant (unless protected by law); b. Written narrative describing specifically the nature of the violation or misconduct and the individuals involved in such activity; c. Citing the specific policy, code, regulation, or other authoritative guidance which is alleged to have been violated; and
d. Providing additional materials and evidence in support of the allegations e. If contact information is provided, the Town Clerk will acknowledge receipt of the submission.

3. Routing, Notification, and Retention
a. The Town Clerk will create a log of each complaint, maintain an updated status as to open/closed cases, and will retain any complaint and submitted material in accordance with the Town’s document retention schedule.

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b. Upon receipt, the Town Clerk will forward the complaint submission to the Town Attorney, and Town Manager.
c. Unless restricted by law, within five (5) business days of receipt, the Town Council shall receive notice of the complaint from the Town Clerk, including:
i. A copy of the complaint and any supporting documentation; and ii. The identity of the complainant (unless protected by law).

2. Consideration of Complaint- The authority to review, consider, and act on a complaint is the responsibility of the Town Council. The process includes two steps – Informal and Formal.
a. Informal Review – The purpose of this first step is to allow Councilmember(s) to address any perceived concerns related to a complaint in a non-threatening and collaborative manner.
i. Any Councilmember can meet with the member, subject to the complaint, to engage in informal resolution of the complaint. b. Formal Review – This second step is intended when two Councilmembers believe that the complaint is significant and Informal Resolution is not sufficient or was inadequate for the matter alleged.
i. During Council Matters, a Councilmember can request the agendizing of a submitted Code of Conduct complaint, and such will be agendized if there is one additional Councilmember concurring with the request. ii. Upon this action, Town staff will coordinate with the Mayor on the date of such agenda item, with the item to be heard no later than 60 days after the date of the request, or sooner as otherwise specified by the Town Council.

Nothing in this policy will restrict the referring of any complaint to another appropriate reviewing body when required by law or the nature of the complaint (i.e., criminal conduct, FPPC violation, etc.). d. Unless otherwise provided by law, any complaint filed that within 60 days of the original Council notification date and has not been requested for Formal Review, shall be deemed expired and closed. No further proceedings will be available.
e. After expiration or consideration by the Town Council, the complaint cannot be resubmitted for the same policy violation or misconduct previously alleged.

Formal Review Process

1. Agenda Preparation – The Town Attorney will prepare an agenda item providing the complaint and supporting material.
a. The agenda item will be listed under Council Matters and described as “Discussion and Consideration of Action Related to a Code of Conduct ViolationComplaint Against Councilmember _________.”

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b. The agenda staff report will include a brief introduction to the Code of Conduct policy and complaint process, and will provide the possible actions the Council may consider.
c. Redaction of personally identifiable information will be at the discretion of the Town Attorney.

2. Council Discussion and Possible Action
a. The agendizing Councilmember will introduce the item citing, the nature of the complaint and the specific policy, code, regulation, or other authoritative guidance whichthat is alleged to have been violated. b. The Councilmember(s) subject to the complaint shall have the opportunity to speak to the item.
c. Public comment will be opened on the matter.
d. The Councilmember(s) subject to the complaint shall have the opportunity for a rebuttal.
e. The Council will deliberate on the item. If three Councilmembers believe that the violation or misconduct occurred, the Council will need to make a motion and second the motion sustaining the specific allegation and making a recommendation for disciplinary action.
b. Sanctions – One or more of the following sanctions may be imposed on a Council member at the Council’s discretion:
a. No Action
b. Public Admonishment – A warning directed publicly at a Council Member regarding specific behavior.
c. Revocation of Special Privileges – Temporary or permanent removal of committee assignments, board or commission appointments, official travel privileges, conference attendance, or ceremonial titles such as Mayor or Vice Mayor.
d. Censure – A formal statement or resolution by the Council officially reprimanding a Council Member.
e. Suspension from Mayoral and Vice Mayoral Selection Process – Per Town Municipal Code, Section 2.20.035, the selection of the Mayor and Vice Mayor occurs annually at a special meeting in December by majority vote of the Town Council. The Council can act to deem a Councilmember ineligible to serve for a specified period.

XII. Enforcement
A. Purpose
The Council Code of Conduct Policy establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Council Members. The purpose

ITEM NO. 9.

TITLE: Town Council Code of Conduct
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17 Policy Number:
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of the policy language is to establish a process and procedure that: This section describes a process to:

1. Allows the public, Town Council, and Town employees to report Code of Conduct policy violations or other misconduct.

Provides guidelines to evaluate Code of Conduct policypotential violations or other misconduct and implement appropriate disciplinary action when necessaryand implement appropriate disciplinary action when necessary.

B. Procedures

1. Reporting of Complaints
Complaints by the Public
Complaints regarding a Council Member must be submitted in writing to the Mayor.

If the complaint concerns the Mayor, it must be submitted in writing to the Vice Mayor.

The complaint shall also be copied and forwarded to the Mayor.

Complaints by Council Members
A Council Member who wishes to file a complaint about another Council Member must submit it in writing to the Mayor.

If the complaint is about the Mayor, it must be submitted to the Vice Mayor.

The complaint should also be copied and forwarded to the Town Manager and Town Attorney.

Complaints by Town Employees
Town employees must submit complaints in writing to the Mayor.

If the complaint is about the Mayor, it must be submitted to the Vice Mayor.

If the Town Manager or Town Attorney receives a complaint, they shall forward it directly to the Mayor (or Vice Mayor if the complaint is against the Mayor). Neither the Town Manager nor the Town Attorney should make any substantive determination regarding the complaint.

The complaint should also be copied and forwarded to the Town Manager and Town Attorney.

Notification to the Subject Council Member
Within three (3) business days of receipt, the subject Council Member shall receive notice of the complaint from the Mayor, including:

A copy of the complaint and any supporting documentation; The identity of the complainant (unless protected by law); and The nature of the alleged violation.

ITEM NO. 9.

TITLE: Town Council Code of Conduct
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17 Policy Number:
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Preliminary Evaluation
Establishment of Ad Hoc Committee
The Mayor shall promptly form an ad hoc committee to evaluate complaints about Council Members.

The ad hoc committee will consist of the Mayor and one rotating Council Member to be selected in alphabetical order.

If the Mayor is the subject of the complaint, the Vice Mayor shall form an ad hoc committee to evaluate the complaint.

At this stage, an ad hoc committee of no more than two Council Members will review the complaint. The Town Manager and Town Attorney will be included in any committee meetings in an administrative capacity only to facilitate the committee’s needs and at no times will be required to make decisions regarding the complaints.

Initial Determination
After reviewing the written complaint, the ad hoc committee shall determine whether the complaint:

Lacks substance (unsubstantiated)
Involves a minor violation
Potentially involves a major violation
Determining Severity
Unsubstantiated or Minor Violations
A minor violation is a breach of the Code of Conduct that does not significantly impair the functioning, reputation, or integrity of the Town or its governance processes. These violations typically involve isolated incidents that are unintentional or stem from a misunderstanding of procedures, policies, or expectations. Examples of minor violations include, but are not limited to:

Unprofessional or discourteous communication in a non-public setting.

Failure to comply with procedural requirements in meetings or decisionmaking.

Negligent, but not malicious, failure to disclose conflicts of interest when no substantial harm occurs.

Minor breaches of decorum during public meetings that do not disrupt proceedings.

If the ad hoc committee finds the complaint unsubstantiated, no further action is taken.

If the ad hoc committee determines that the complaint involves a minor violation, the Mayor (or Vice Mayor) may privately admonish or counsel the subject Council Member to address and correct the behavior.

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Admonishment is a warning to a Council Member about behavior that violates Town policy.

Potential Major Violations
A major violation is a significant breach of the Code of Conduct that compromises public trust, damages the Town’s reputation, disrupts governance, or results in legal, financial, or operational risks to the Town.

These violations typically involve intentional, repeated, or grossly negligent actions. Examples of major violations include, but are not limited to:

Persistent or egregious unprofessional behavior toward staff, colleagues, or the public.

Engaging in actions that create substantial conflicts of interest or violate state or federal laws, including ethics laws.

Deliberately making false or misleading statements that undermine public trust or decision-making processes.

Conduct that disrupts public meetings in a manner that prevents the effective functioning of Town governance.

Misuse of Town resources, authority, or influence for personal gain or to harm others.

Criminal conduct.

If the Ad Hoc Committee believes the complaint may involve a major violation, they shall direct the Town Attorney to engage outside legal counsel to conduct an investigation.

The Town Attorney’s role is limited to administratively securing the contract with outside counsel; the Town Attorney does not participate in determining the outcome or findings.

The outside legal counsel shall conduct interviews, collect evidence, and prepare a written report with findings and recommendations.

Upon completion, the final report is delivered to the Mayor (or Vice Mayor if the Mayor is the subject of the complaint) with a copy to the Town Manager and Town Attorney. The Town Attorney will also serve as the record keeper of all relevant records involving any complaint and/or investigation involving Council members and commissioners.

Final Action on Investigations
Receipt of the Investigation Report
The Mayor (or Vice Mayor) shall promptly review the final written report from the outside legal counsel.

Decision on Next Steps
If the report does not substantiate a major violation, the Mayor (or Vice Mayor) may close the matter without further action.

ITEM NO. 9.

TITLE: Town Council Code of Conduct
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If the report substantiates a major violation or otherwise recommends further proceedings, the Mayor (or Vice Mayor) shall:

Notify the subject Council Member in writing. If there will be disciplinary proceedings, the report would be disclosed.

Determine whether to present the matter to the Council for potential disciplinary proceedings.

When appropriate, the complainant will receive notification of the disposition of their complaint when the process is complete. A minor violation notification will state the matter has been resolved and major violation notification will include the next steps.

Annual Summary
Town Attorney or Town Manager to provide an annual summary of all open and closed complaints.

Disciplinary Action

1. Considerations for Disciplinary Action
The Council may impose disciplinary action when a major violation of the Council Code of Conduct Policy has occurred. In determining the appropriate sanction, the Council may consider:

Nature of the violation;
Any prior violations by the same Council Member; or
Other relevant factors that bear on the seriousness of the misconduct.

2. Types of Sanctions
One or more of the following sanctions may be imposed on a Council member at the Council’s discretion:

Public Admonishment
A warning directed publicly at a Council Member regarding specific behavior. b. Revocation of Special Privileges
Temporary or permanent removal of committee assignments, board or commission appointments, official travel privileges, conference attendance, or ceremonial titles such as Mayor or Vice Mayor.
c. Censure
A formal statement or resolution by the Council officially reprimanding a Council Member.
d. Mayoral and Vice Mayoral Selection Process

ITEM NO. 9.

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Per Town Municipal Code, Section 2.20.035, the selection of the Mayor and Vice Mayor occurs annually at a special meeting in December by majority vote of the Town Council.

D. Town Council Consideration of Discipline
If the matter is serious enough for discipline, the Council shall consider the investigative findings.

Any public hearing regarding that discipline shall not be adversarial and would be discussed at a public hearing related to the Council Member.

As allowed under section 2.20.035 of the Town Code, the Mayor and Vice Mayor selection occurs on an annual basis, and any substantiated violation may have a bearing on the Council's decision at that time.

E. Conflicts
If the complaint is against the Mayor, all responsibilities assigned to the Mayor in this section are carried out by the Vice Mayor.

If both the Mayor and Vice Mayor have conflicts (e.g., both involved in the complaint), then the longest-serving uninvolved Council Member shall step in to fulfill these duties.

F. Complaints Related to Matters Under Jurisdiction of Other Bodies Nothing in this policy will take the place of investigation of matters subject to the laws and regulations of other bodies. In the case that another body is conducting an investigation, the Town may use the findings of the other body’s investigation in place of the Town’s investigation for the purposes of this policy.

The following section outlines the process for reporting Council Member Code of Conduct Policy violations or other misconduct:

1. Complaints made by members of the public, the Town Manager, and Town Attorney should be reported to the Mayor. If a complaint involves the Mayor, it should be reported to the Vice Mayor.

2. Complaints made by Council Members should be reported to the Town Manager or Town Attorney to adhere to Brown Act requirements.

3. Complaints made by Town employees should be reported to the Town Manager, who will direct them to the Mayor or Vice Mayor.

2. Unsubstantiated or Minor Violations
If the majority of the Committee agrees that the reported violation is without substance, no further action will be taken. If the reported violation is deemed valid but minor in nature, the Mayor or Vice Mayor shall counsel and, if appropriate,

ITEM NO. 9.

TITLE: Town Council Code of Conduct
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17 Policy Number:
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admonish the Council Member privately to resolve the matter. Admonishment is considered to be a reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy.

3. Allegations of Major Violations
If the reported violation is considered to be serious in nature, the matter shall be referred to outside legal counsel selected by the Committee for the purpose of conducting an initial interview with the subject Council Member. The outside counsel shall report his/her initial findings back to the Committee.

If the Committee then determines that an investigation is warranted, the Committee shall direct the outside legal counsel to conduct an investigation. The investigation process would include, but is not limited to, the ascertainment of facts relevant to the complaint through interviews and the examination of any documented materials.

4. Report of Findings
At the conclusion of the investigation, outside legal counsel shall report back to the Committee in writing. The report shall either (1) recommend that the Council Member be exonerated based on a finding that the investigation did not reveal evidence of a serious violation of the Code of Conduct, or (2) recommend disciplinary proceedings based on findings that one or more provisions of the Code of Conduct or other Town policies have been violated. In the latter event, the report shall specify the provisions violated along with the facts and evidence supporting each finding.

The Committee shall review the report and its recommendations. If the consensus of the Committee is to accept the report and recommendations, the Committee shall implement the recommendations. Where the recommendation is exoneration, no further action shall be taken. Where the recommendation is to initiate disciplinary proceedings, the matter shall be referred to the Council. Where there is no consensus of the Committee regarding the recommendations, the matter shall be referred to the Council.

The subject Council Member shall be notified in writing of the Committee’s decision within 72 hours. Where the decision is to refer the matter to the Council, a copy of the full report, including documents relied on by the investigator shall be provided with the notification, and a copy of both shall be provided to the whole Council.

5. Proceedings
Investigative findings and recommended proceedings and disciplinary action that are brought forward to Council as a result of a significant policy violation shall be

ITEM NO. 9.

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17 Policy Number:
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considered at a public hearing. The public hearing should be set far enough in advance to allow the Council Member in question reasonably sufficient time to prepare a response.

Investigative findings shall be presented to the Town Council at a public hearing. The rules of evidence do not apply to the public hearing. It shall not be conducted as an adversarial proceeding.

6. Disciplinary Action

1. Considerations in Determining Disciplinary Action
Disciplinary action may be imposed by Council upon Council Members who have violated the Council Code of Conduct Policy. Disciplinary action or sanctions are considered when a serious violation of Town policy has occurred by a Council Member. In determining the type of sanction imposed, the following factors may be considered:
a. Nature of the violation
b. Prior violations by the same individual
c. Other factors which bear upon the seriousness of the violation

2. Types of Sanctions
At the discretion of the Council, sanctions may be imposed for violating the Code of Conduct or engaging in other misconduct. These actions may be applied individually or in combination. They include, but are not limited to:
a. Public Admonishment – A reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy. b. Revocation of Special Privileges – A revocation of a Council Member’s Council Committee assignments, including standing and ad hoc committees, regional boards and commissions, and community-generated board/committee appointments. Other revocations may include temporary suspension of official travel, conference participation, and ceremonial titles. c. Censure – A formal statement or resolution by the Council officially reprimanding a Council Member.

APPROVED AS TO FORM:

Gabrielle Whelan, Town Attorney

ITEM NO. 9.

COUNCIL POLICY MANUAL
Title: Town Council Roles and Responsibilities,
Including Code of Conduct
Policy Number: 2-04
Effective Date: 5/3/2004 Pages: 8
Enabling Actions: 2004-059; 2006-111;
2021-047
Revised Date: 12/17/2012; 3/3/2015;
12/17/2019; 11/2/2021; 10/04/2022
Approved:

I. Preamble
This Policy sets forth the roles, responsibilities, and Code of Conduct for Council Members. The legal responsibilities of the Los Gatos Town Council are set forth by applicable state and federal laws. In addition, the Town Council has adopted regulations, including this Code of Conduct Policy, that hold Council Members to standards of conduct above and beyond what is required by law. This Policy is written with the assumption that Council Members, through training, are aware of their legal and ethical responsibilities as elected officials. The purpose of this Policy is not only to ensure legal compliance but also to promote the public’s trust in Town government and foster a culture of respect and ethical behavior. The Council recognizes that effective governance depends on transparency, accountability, and mutual respect among Council Members, staff, and the public.

II. Council-Manager Form of Government
The Town of Los Gatos operates under a Council-Manager form of government as prescribed by Town Code, Section 2.30.305. Accordingly, members of the Council are elected at-large, provide legislative direction, set Town policy, and ultimately answer to the public. The Town Manager serves as the Town’s chief administrative officer and is responsible for directing the day-to-day operations of the Town and implementing policy direction.

III. Town Council Roles and Responsibilities
The role of the Town Council is to act as a legislative and quasi-judicial body. Through its legislative and policy authority, the Council is responsible for assessing and achieving the community’s desire for its present and future and for establishing policy direction to achieve its desired outcomes. All members of the Town Council, including those who serve as Mayor and Vice Mayor, have equal votes.

Members of the Town Council fulfill their role and responsibilities through the relationships they have with each other and the public. Town Council Members should approach their Small Town Service Community Stewardship Future Focus
ATTACHMENT 2

ITEM NO. 9.

TITLE: Town Council Code of Conduct
Page:

Policy Number:
2-04
work, each other, and the public in a manner that reflects ethical behavior, honesty and integrity. The commitment of Town Council Members to their work is characterized by open constructive communication, innovation, and creative problem solving.

IV. Mayoral and Vice Mayoral Selection Process
Per Town Municipal Code, Section 2.20.035, the selection of the Mayor and Vice Mayor occurs annually at a special meeting in December by majority vote of the Town Council. The Mayor and Vice Mayor serve at the pleasure of the Town Council and may be replaced by a majority vote of the Council.

V. Mayoral and Vice Mayoral Roles, Responsibilities, Relationships The following outlines some of the key roles, responsibilities, and relationships as they relate to the positions of Mayor and Vice Mayor:

Mayor
A. The Mayor is the presiding officer of the Town Council. In this capacity, the Mayor is responsible for developing Council agendas in cooperation with the Town Manager and leading Council meetings.

B. The Mayor recommends various standing committee appointments to the Council for approval.1 This will be done at a Council meeting in December of each year. When making committee recommendations, the Mayor should attempt to balance shared responsibilities and opportunities among Council Members. The Mayor may also appoint citizens to committees not established by Town ordinance or resolution as the Mayor deems appropriate.

C. With regard to decisions made by a majority of the Town Council, the Mayor is responsible for communicating with the Town Council, the Town Manager, members of the public, and the media regarding decisions made by a majority of the Town Council.

The Mayor also represents the Council at official and ceremonial occasions.

D. The Mayor performs special duties consistent with the Mayoral office, including, but not limited to: signing of documents on behalf of the Town, issuing proclamations, serving as the official voting delegate for various municipal advocacy groups, and delivering the State of the Town Address at his or her discretion.2 The Town Council will determine any additional authority or duties that the Mayor shall perform.

E. Special duties consistent with the Mayoral office may be delegated to the Vice Mayor in the absence of the Mayor. If the Vice Mayor is unavailable, the duties of the Mayor will be delegated to another Council Member in order of seniority. If those Council Members are of equal seniority, one of them will be selected by alphabetical order.

1 Council Agenda Format and Rules Policy
2 Council Commendation and Proclamation policy

ITEM NO. 9.

TITLE: Town Council Code of Conduct
Page:

Policy Number:
2-04
Vice Mayor
A. In the Mayor’s absence, the Vice Mayor shall perform the formal duties of the Mayor.3 If the Vice Mayor is unavailable, the duties of the Mayor will be delegated to another Council Member in order of seniority. If those Council Members are of equal seniority, one of them will be selected by alphabetical order.

VI. Council Conduct in Public Meetings
To ensure the highest standards of respect and integrity during public meetings, Council Members should:

A. Use formal titles. The Council should refer to one another formally during Council meetings, such as Mayor, Vice Mayor, or Council Member, followed by the individual’s last name.

B. Practice civility and decorum in discussions and debates. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. During public discussions, Council Members should be respectful of others and diverse opinions and allow for the debate of issues.

C. Honor the role of the presiding officer in maintaining order and equity. Respect the Mayor/Chair's efforts to focus discussion on current agenda items.

D. Council decisions should be reserved until all applicable information has been presented.

E. Conduct during public hearings. During public testimony, Council Members should refrain from engaging the speaker in dialogue. Speakers at public meetings will be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional but not required. For purposes of clarification, Council Members may ask the speaker questions. Council comments and discussion should commence upon the conclusion of all public testimony.

F. Communication during meetings. Council Members shall not use private electronic communication (including text messages, emails, or direct messages on social media) to discuss any item of Town business during public meetings. All such communications related to Town business are subject to public records laws.

VIII. Legal Requirements
The Town Council operates under a series of laws that regulate its operations as well as the conduct of its members. The Town Attorney serves as the Town’s legal officer and is available to advise the Council on these matters.

A. Training
Biannual training in the following areas shall be provided by staff to Council Members:

3 Council Agenda Format and Rules Policy

ITEM NO. 9.

TITLE: Town Council Code of Conduct
Page:

Policy Number:
2-04

1. The Ralph M. Brown Act

2. Town / CA State Law on Conflict of Interest (AB 1234)

3. Government Section 1090

4. Incompatible Offices

5. The Fair Political Practices Commission Forms

6. Bias

7. Town / CA State Law on Harassment (SB 1343)
B. Procurement
Unless authorized by the Town Council, Council Members shall not become involved in administrative processes for acquiring goods and services.

C. Special Considerations for Land Use Applications

1. Ex parte communications. The merits of an application shall only be evaluated on information included in the public record. Council Members shall disclose ex parte communication and any information obtained outside of the public record that may influence his/her decision on a matter pending before the Town Council. Council disclosure shall occur before Council deliberations.

2. Quasi-Judicial Decisions. Council Members may not offer an opinion indicating that a preliminary decision has been reached prior to the public hearing or make any statements indicating bias. Quasi-judicial statements are those in which a decisionmaker is required to render a decision by applying the law to particular facts presented at a hearing on the matter. Examples of quasi-judicial decisions are certain land use entitlements, permit appeals, and license revocations.

D. Code of Conduct Policy
Newly elected Council Members are required to sign a statement affirming they have read and understand the Town of Los Gatos Council Code of Conduct Policy.

IX. Council Participation in Boards, Commissions, and Committees, and Reporting Requirements
There are several committees that Town Council Members have been appointed to or have an interest in, including but not limited to: Town Council standing and ad hoc committees, Town boards and commissions, regional boards and commissions, and community-generated committees.

Primary Council representatives should update the Council about board, commission, and committee activities. When serving as the primary Council representative on any board, commission, or committee, Council Members should periodically provide updated reports to the Council during the “Council Matters” opportunity on the Council meeting agenda.

ITEM NO. 9.

TITLE: Town Council Code of Conduct
Page:

Policy Number:
2-04
Recommended actions by Council Committees should be reported to the Council. When serving on a Council Committee, whether standing or ad hoc, all work undertaken by the Committee must be directed by the Council, and all recommended actions of a Council Committee shall be reported to the Council.

X. Council Relationship with Town Staff
The Town Council has adopted a Council-Manager form of government. The Town Manager’s powers and duties are outlined in the Town Code, Section 2.30.295.

Council Conduct and Communication with Town Staff
To enhance its working relationship with staff, Council should be mindful of the support and resources needed to accomplish Council goals. When communicating and working with staff, Council should follow these guidelines:

A. Council Members should treat staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with Council colleagues, practice civility and decorum in all interactions with Town staff.

B. Council Members should direct questions about policy, budget, or professional opinion to the Town Manager, Town Attorney, or Department Directors. Council Members can direct questions and inquiries to any staff for information that is readily available to the general public or easily retrievable by staff.

C. The Town Manager and staff are responsible for implementing Town policy and/or Council action. The processing of Council policy and decisions takes place with the Town Manager and staff. Council should not direct policy/program administrative functions and implementation; rather, it should provide policy guidance to the Town Manager.

D. Council Members should attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to Council meetings.

Early feedback will enable staff to address Council questions and incorporate minor corrections or changes to a Council report, resulting in a more efficient Council meeting discussion; however, this does not preclude Council Members from asking questions at Council Meetings.

E. Council Members should not direct the Town Manager to initiate any action, change a course of action, or prepare any report without the approval of Council. The Town Manager’s responsibility is to advise on resources available and required for a particular course of action as it relates to the direction of the majority of the Council.

F. Council Members should not attend department staff meetings unless requested by the Town Manager.

G. All Council Members should have the same information with which to make decisions.

Information requested by one Council Member will be shared with all members of the Council.

H. Concerns related to the behavior or work of a Town employee should be directed to the Town Manager. Council Members should not reprimand employees.

ITEM NO. 9.

TITLE: Town Council Code of Conduct
Page:

Policy Number:
2-04
I. Per California Government Code, Sections 3201-3209, Council Members should not solicit financial contributions from Town staff or use promises or threats regarding future employment. Although Town staff may, as private citizens with constitutional rights, support political candidates, such activities cannot take place during work hours, at the workplace, or in uniform.

XI. Council Communication with the Public and other Council Members The public has a reasonable expectation of being able to engage Town Council Members on matters of community concern. To meet this expectation while maintaining the integrity of Council proceedings and the clarity of Town positions, the following guidelines shall apply:

A. Expressing Opinions:

Council Members may express preliminary opinions on general policy matters or issues that are still in development. However, Council Members shall not express opinions or make statements regarding quasi-judicial matters—such as land use entitlements, permit appeals, or license revocations—prior to the public hearing and Council deliberation.

B. Personal Views and Policy Disagreement:

Council Members may, from time to time, share opinions regarding broad policy matters, even if those opinions conflict with adopted Council policy, or explain the reasoning behind an individual vote. When doing so, Council Members must clearly distinguish their personal views from official Town positions.

C. Clarity of Representation:

Unless expressly authorized by the Town Council, Council Members must not represent their personal opinions or those of others as official Town policy or as the position of the full Council or staff. In all communications, whether in writing, at community events, or in the media, Council Members should use clear language such as:
“Speaking for myself and not on behalf of the Town Council…” D. General Conduct:

Council Members are expected to communicate honestly, respectfully, and transparently, and to avoid statements or implications that could mislead the public, other agencies, or Town staff regarding the official position of the Town or Town Council.

These requirements are intended to ensure open communication with the public while safeguarding the integrity of Council proceedings and the clarity of official Town positions.

XII. Enforcement
A. Purpose
The Council Code of Conduct Policy establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Councilmembers. This section describes a process to facilitate the reporting of Code of Conduct policy violations or other misconduct and provides guidelines on responding to such reports.

ITEM NO. 9.

TITLE: Town Council Code of Conduct
Page:

Policy Number:
2-04
B. Procedures

1. Reporting of Complaints – Complaints related to a Council Code of Conduct policy violation or other misconduct shall be submitted through the Town Clerk in writing or in any other such form that can be reviewed, documented, retained, and transmitted to the Town Council.
a. The submission of a complaint is to allow the Town Council to receive and potentially consider further action related to such complaint. b. The validity of any allegations provided through complaint can only be determined by the entire Town Council.
c. Complaint submission alone or a lack of Town Council action on the complaint is not a determination of validity on the basis of the complaint.

2. Submission of Complaint - To ensure completeness in the submission, the complaint should include the following information:
a. The identity of the complainant (unless protected by law); b. Written narrative describing specifically the nature of the violation or misconduct and the individuals involved in such activity; c. Citing the specific policy, code, regulation, or other authoritative guidance which is alleged to have been violated; and
d. Providing additional materials and evidence in support of the allegations. i. If contact information is provided, the Town Clerk will acknowledge receipt of the submission.

3. Routing, Notification, and Retention
a. The Town Clerk will create a log of each complaint, maintain an updated status as to open/closed cases, and will retain any complaint and submitted material in accordance with the Town’s document retention schedule. b. Upon receipt, the Town Clerk will forward the complaint submission to the Town Attorney, and Town Manager.
c. Unless restricted by law, within five (5) business days of receipt, the Town Council shall receive notice of the complaint from the Town Clerk, including:
i. A copy of the complaint and any supporting documentation; and ii. The identity of the complainant (unless protected by law).

4. Consideration of Complaint - The authority to review, consider, and act on a complaint is the responsibility of the Town Council. The process includes two steps – Informal and Formal.
a. Informal Review – The purpose of this first step is to allow Councilmember(s) to address any perceived concerns related to a complaint in a nonthreatening and collaborative manner. i. Any Councilmember can meet with the member, subject to the complaint, to engage in informal resolution of the complaint. b. Formal Review – This second step is intended when two Councilmembers believe that the complaint is significant and Informal Resolution is not sufficient or was inadequate for the matter alleged.

ITEM NO. 9.

TITLE: Town Council Code of Conduct
Page:

Policy Number:
2-04
i. During Council Matters, a Councilmember can request the agendizing of a submitted Code of Conduct complaint, and such will be agendized if there is one additional Councilmember concurring with the request. ii. Upon this action, Town staff will coordinate with the Mayor on the date of such agenda item, with the item to be heard no later than 60 days after the date of the request, or sooner as otherwise specified by the Town Council.
c. Nothing in this policy will restrict the referring of any complaint to another appropriate reviewing body when required by law or the nature of the complaint (i.e., criminal conduct, FPPC violation, etc.). d. Unless otherwise provided by law, any complaint filed that within 60 days of the original Council notification date and has not been requested for Formal Review, shall be deemed expired and closed. No further proceedings will be available.
e. After expiration or consideration by the Town Council, the complaint cannot be resubmitted for the same policy violation or misconduct previously alleged.

C. Formal Review Process

1. Agenda Preparation – The Town Attorney will prepare an agenda item providing the complaint and supporting material.
a. The agenda item will be listed under Council Matters and described as “Discussion and Consideration of Action Related to a Code of Conduct Complaint Against Councilmember _________.”
b. The agenda staff report will include a brief introduction to the Code of Conduct policy and complaint process and will provide the possible actions the Council may consider.
c. Redaction of personally identifiable information will be at the discretion of the Town Attorney.

2. Council Discussion and Possible Action
a. The agendizing Councilmember will introduce the item citing, the nature of the complaint and the specific policy, code, regulation, or other authoritative guidance that is alleged to have been violated.
b. The Councilmember(s) subject to the complaint shall have the opportunity to speak to the item.
c. Public comment will be opened on the matter.
d. The Councilmember(s) subject to the complaint shall have the opportunity for a rebuttal.
e. The Council will deliberate on the item. If three Councilmembers believe that the violation or misconduct occurred, the Council will need to make a motion and second the motion sustaining the specific allegation and making a recommendation for disciplinary action.

ITEM NO. 9.

TITLE: Town Council Code of Conduct
Page:

Policy Number:
2-04

3. Sanctions – One or more of the following sanctions may be imposed on a Council member at the Council’s discretion:
a. No Action
b. Public Admonishment – A warning directed publicly at a Council Member regarding specific behavior.
c.Revocation of Special Privileges – Temporary or permanent removal of committee assignments, board or commission appointments, official travel privileges, conference attendance, or ceremonial titles such as Mayor or Vice Mayor.
d. Censure – A formal statement or resolution by the Council officially reprimanding a Council Member.
e. Suspension from Mayoral and Vice Mayoral Selection Process – Per Town Municipal Code, Section 2.20.035, the selection of the Mayor and Vice Mayor occurs annually at a special meeting in December by majority vote of the Town Council. The Council can act to deem a Councilmember ineligible to serve for a specified period.

APPROVED AS TO FORM:

Gabrielle Whelan, Town Attorney

ITEM NO. 9.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 08/19/2025
ITEM NO: 10
DATE: August 19, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve the Town Boards, Committees, and Commissions Code of Conduct Policy
RECOMMENDATION: Approve the Town Boards, Committees, and Commissions Code of Conduct Policy.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

STRATEGIC PRIORITY:

This item is not associated with a strategic priority; however, it does align with the core goal of civic engagement.

BACKGROUND:

The Town of Los Gatos relies on its Boards, Committees, and Commissions (commonly referred to as "Commissions") to serve as advisory bodies that help gather public input, analyze community concerns, and make policy recommendations to the Town Council. Commissioners must follow legal standards established by State and Federal law, including the Ralph M.

Brown Act and conflict-of-interest statutes.

Commissioners are subject to legal standards established by State and Federal law, including the Ralph M. Brown Act and conflict-of-interest regulations. However, there is also a need to establish consistent expectations for conduct and communication that may go beyond legal compliance. A formal Code of Conduct Policy provides this clarity and ensures all members operate with respect, integrity, and professionalism.

ITEM NO. 10.

PAGE 2 OF 3
SUBJECT: Approve the Town Boards, Committees, and Commissions Code of Conduct Policy
DATE: August 19, 2025
The Town Council currently has an adopted Code of Conduct Policy, which provides guidelines and procedures for Council Members and Commissioners’ conduct before, during, and outside of Council meetings. However, at the February 25, 2025, Policy Committee meeting, the Committee directed staff to explore the development of a standalone policy to provide clarity for the roles and conduct of Commissioners. This recommendation was based on the need to distinguish expectations for Commissioners from those that apply to elected officials.

In response to the Policy Committee’s direction, staff developed a standalone Code of Conduct Policy based on the structure of the revised Council Code of Conduct and specifically tailored to align with the advisory responsibilities and functional roles of the Town’s Boards, Committees, and Commissions. The goal was to ensure that Commissioners clearly understand their responsibilities and the expectations for ethical conduct, respectful communication, and productive engagement in public service.

At the April 22, 2025, Policy Committee meeting, the committee reviewed the proposed updates to the Board, Committee, and Commission Code of Conduct Policy and provided feedback on key revisions. The discussion focused on clarifying the role and expectations of Commissioners, including language related to service at the will of the Council, procedures for activities conducted outside of regular meetings, and communication protocols. The Committee supported the recommended changes and reached consensus on forwarding the updated policy to the Town Council for consideration.

The recommended revisions were presented to the Town Council at its meeting on May 6, 2025. In response to feedback from Council Members and the public at that meeting, staff prepared additional revisions and alternative language options for further Council consideration at a Study Session on June 17. However, due to time constraints, the Council recommended scheduling an additional study session to continue its review and discussion of the policy.

DISCUSSION:

At the August 3, 2025, Study Session, the Council reviewed alternative language proposed by staff and directed staff to incorporate Alternatives 1, 2, 4 and 5 with minor edits. These included adding the sentence, “Nothing in this section limits the Commission from requesting changes to the work plan during the course of the year,” to Subsection G (Work Plan) under Section IV. Compliance and Operational Requirements. Council also requested the addition of the phrase “regarding commission matters” to Subsection B(2) under Section VI. Commission Communication for added clarity. Staff has incorporated all Council direction and feedback into the final draft of the policy, which is now submitted for Council consideration and approval.

ITEM NO. 10.

PAGE 3 OF 3
SUBJECT: Approve the Town Boards, Committees, and Commissions Code of Conduct Policy
DATE: August 19, 2025
CONCLUSION:

The proposed Board, Committee, and Commission Code of Conduct Policy reflects the Council’s direction from multiple meetings, incorporating public input and clarifying the process for communication and complaints. The goal of this policy is to promote transparency, accountability, and respectful communication among Town officials and with the public.

Accordingly, staff recommends that the Town Council approve the new Board, Committee, and Commission Code of Conduct Policy. Upon adoption, the policy will be distributed to all Boards, Committees, and Commissions and made available on the Town website.

COORDINATION:

This report was prepared in coordination with the Town Manager and the Town Attorney.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Draft Board, Committee, and Commission Code of Conduct Policy 2-04

ITEM NO. 10.

ATTACHMENT 1
I. Preamble
This Policy sets forth the roles, responsibilities, and Code of Conduct for the Town’s Boards, Committees, and Commissions (hereinafter referred to as "Commissions"). The legal responsibilities of the Los Gatos Town Commissioners are set forth by applicable state and federal laws. In addition, the Town Council has adopted regulations, including this Code of Conduct Policy, that holds Commissioners to standards of conduct above and beyond what is required by law. This Policy is written with the assumption that Commissioners, through training, are aware of their legal and ethical responsibilities as appointed officials.

Commissioners are not allowed to engage in activity which would constitute a violation of this Policy, nor does anything in this Policy transfer authorities vested in the Town Council or Town Manager to a Commission or individual Commissioners. Nothing in this policy shall infringe on the constitutional rights of Commissioners, including the right to free expression.

II. Town Board, Committees, and Commissions Roles and Responsibilities The role of the Commissions is to act as a bridge between the community and the Town Council. Commissioners are volunteers who contribute their time and expertise to help identify, analyze, and evaluate community issues within the scope of their respective Commissions.

Through public meetings and other engagement efforts, Commissioners gather community input during recognized Commission meetings, ad hoc meetings, and established task forces, and use this information to make thoughtful, informed recommendations to the Town Council, which is the final policy-making authority. The Commission’s work should align with the Town Council’s Strategic Priorities and supports the Town’s mission to enhance the quality of life through effective leadership and responsive services. Commissioners serve at the will of the Council.

Individual Commissioners are expected to attend all meetings and come prepared by reviewing agenda materials in advance. They are to conduct themselves with respect, fairness, and courtesy toward fellow members, Town staff, and the public, while recognizing and supporting the authority of the Chair to lead meetings effectively. Commissioners should stay focused on meeting topics, use time efficiently, and contribute constructively to discussions. They are expected to act with honesty and integrity, serve as role models of civic leadership, and

COUNCIL POLICY MANUAL
Title: Board, Committee, and Commission Roles and
Responsibilities, Including Code of Conduct
Policy Number:

Effective Date: Pages:

Enabling Actions: Revised Date:

Approved:

Small Town Service Community Stewardship Future Focus

ITEM NO. 10.

TITLE: Board, Committee, and Commission Code of Conduct Page:

Policy Number:
maintain public trust in Town government. Commissioners must also be aware of and avoid potential conflicts of interest, understand their obligations under the Brown Act, and seek guidance from Commission staff liaisons when questions arise regarding their duties or ethical requirements. If needed, the Commission staff liaison will coordinate with other Town staff as necessary.

III. Commissioner Conduct in Public Meetings
To ensure the highest standards of respect and integrity during public meetings, Commissioners should:

A. Use formal titles. Commissioners should refer to one another formally during Commission meetings using terms such as Chair, Vice Chair or Commissioner, followed by the individual’s last name.

B. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. During public discussions, Commissioners should be respectful of others and diverse opinions and allow for the debate of issues.

C. Honor the role of the presiding officer in maintaining order and equity. Respect the Chair's efforts to focus discussion on current agenda items.

D. Commission decisions should be reserved until all applicable information has been presented.

E. Conduct during public hearings. During public testimony, Commissioners should refrain from engaging the speaker in dialogue. Speakers at public meetings may be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional but not required. For purposes of clarification, Commissioners may ask the speaker questions. Commission comment and discussion should commence upon the conclusion of all public testimony.

IV. Compliance and Operational Requirements
Town Commissions operate under a series of laws that regulate its operations as well as the conduct of its members. The Town Attorney serves as the Town’s legal officer and is available to advise the Commissioners on relevant legal matters; however, any such advice will be coordinated through the commission staff liaison.

A. Training
Commissioners shall participate in training in the following areas:

1. The Ralph M. Brown Act

2. AB 1234 Conflict of Interest (Planning Commission Only)

3. Town / CA State Law on Harassment (SB 1343)
B. Procurement

ITEM NO. 10.

TITLE: Board, Committee, and Commission Code of Conduct Page:

Policy Number:

Unless authorized by the Town Council, Commissioners shall not become involved in administrative processes for acquiring goods and services.

C. Land Use Applications
The merits of an application shall only be evaluated on information included in the public record. Commissioners shall not participate in any ex parte communications and must place any information obtained outside of the public hearing that may influence his/her decision on a matter pending before the Commission into the record at the public hearing.

D. Code of Conduct Policy
Newly appointed Commissioners shall sign a statement affirming they have read and understand the Town of Los Gatos Council Code of Conduct Policy.

E. Non-Profit Organizations
Commissioners that sit on boards of directors of non-profit organizations which receive funding or in-kind contributions from the Town may not participate in the Community Grant Program selection process.

F. Applicable Laws and Town Policies
Commissions shall abide by all applicable municipal, state, and federal laws and Town policies.

G. Workplan
Matters to be done outside of a Commission meeting will require Town Council approval through the workplan before any such activity may be performed on behalf of the Town or Commission. Items listed on the workplan as discussion-only, or those with no staff time allocated, are not considered action items and do not provide the necessary Town Council approval to conduct any activities in an official Commissioner capacity. They are intended solely to facilitate discussion during agendized Commission meetings on topics within the Commission’s scope. Nothing in this section limits a Commission from requesting changes to the work plan during the course of the year.

V. Commission Relationship with the Town Council
The primary responsibility of Commissions is to advise and make recommendations to the Town Council. Recommendations are forwarded through the Town Manager's Office to the Town Council for consideration. While the Council values and relies on the Commission’s input, the Council’s role is to consider recommendations from multiple sources and make final decisions based on strategic priorities and the broader interests of the community. Because of this broader perspective, the Council may not always implement the recommendations of a particular Commission.

It is important to maintain a clear distinction between the advisory role of Commissions and the decision-making authority of the Town Council. While Commissioners may at times disagree

ITEM NO. 10.

TITLE: Board, Committee, and Commission Code of Conduct Page:

Policy Number:
with Council decisions, once the Council has taken a position or chosen not to implement a recommendation, it is expected that the Commission and its individual members will respect that decision.

VI. Commission Communication
Commissioners must comply with the Brown Act, and nothing in this Policy shall be interpreted as limiting the rights or obligations established by that law.

A. Public Meeting

1. When a member of an advisory body addresses the Council or Commission at a public meeting, it should be made clear whether the member is speaking on behalf of the advisory body or as an individual.

B. External Representation

1. Commissioners are not authorized to represent the Town outside of official Commission meetings unless specifically authorized to do so by the Town Council.

2. When Commissioners communicate outside of official Commission meetings regarding Commission matters, or in a manner that is not authorized by Town Council, they shall clearly and explicitly convey that such communication is provided as an individual and does not in any way represent the Commission, Town, or Town staff. This can be accomplished by using language such as:
“Speaking for myself and not on behalf of the Commission or the Town . . .” VII. Enforcement
A. Purpose
The Boards, Committee, and Commission Code of Conduct Policy establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Commissioner. The purpose of the policy language is to establish a process and procedure that:

1. Allows the public, Commissioners, and Town employees to report Code of Conduct policy violations or other misconduct.

2. Provides guidelines to evaluate Code of Conduct policy violations or other misconduct and implement appropriate disciplinary action when necessary.

B. Procedures

1. Complaints related to a Code of Conduct policy violation or other misconduct shall be submitted through the Town Clerk in writing or in any other such form that can be reviewed, documented, retained, and transmitted.

2. Upon receipt, the Town Clerk will forward the complaint submission to the appropriate staff member for review and consultation.

3. Following this, a memorandum shall be prepared by staff and distributed to the Town Council through the Town Manager, notifying them of the complaint. In

ITEM NO. 10.

TITLE: Board, Committee, and Commission Code of Conduct Page:

Policy Number:
accordance with Council Policy 2-01, Section I, any Council Member may request that a discussion of the complaint be scheduled on a future agenda.

C. Disciplinary Action
Disciplinary action may be imposed by the Council upon Commissioners who have violated the Code of Conduct Policy or other misconduct. In determining the type of sanction imposed, the following factors may be considered including but not limited to:
• Nature of the violation,
• Prior violations by the same individual, and
• Other factors which bear upon the seriousness of the violation.

Commissioners who have been notified by the Town Clerk that they are out of compliance with State or Town mandated requirements for Ethics Training or Fair Political Practices Commission Form 700 filings shall not be permitted to attend Commission meetings until they are compliant. Any resulting absences will be counted as unexcused and may result in automatic forfeiture of the position if the total exceeds the allowable absences outlined in the Attendance Requirements section of Council Policy 2-11.

1. Types of Sanctions
At the discretion of the Town Council, sanctions may be imposed for violating the Code of Conduct or engaging in other misconduct. The Commissioner will be given notice and an opportunity to provide a written or verbal response prior to any sanctions. These actions may be applied individually or in combination. They include, but are not limited to:
a. Public Admonishment – A warning directed publicly at a Commissioner regarding specific behavior.
b. Removal – A Commissioner may be removed by a 3/5 vote of the Town Council at any time, with or without cause, in accordance with the Town's policies. While removal may be used as a response to a violation of this policy, it is not limited to disciplinary situations and may occur at any time at the Council’s discretion.

APPROVED AS TO FORM:

Gabrielle Whelan, Town Attorney

ITEM NO. 10.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 08/19/2025
ITEM NO: 11
DATE: August 19, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2025.

RECOMMENDATION: Accept the bi-annual Police Services Report, highlighting the accomplishments and ongoing efforts of the Los Gatos-Monte Sereno Police Department (LGMSPD) during the reporting period of January – June 2025.

FISCAL IMPACT:

There is no negative fiscal impact to the Town associated with receiving this report or the content.

STRATEGIC PRIORITY:

This item aligns with the strategic priority of emergency resiliency and response capabilities, along with prudent financial management and ensuring a safe feeling in Los Gatos. It also aligns with several of the Town’s Core Goals, including Good Governance, Civic Engagement, Fiscal Stability, and Public Safety.

BACKGROUND:

The Los Gatos-Monte Sereno Police Department (LGMSPD) serves two distinct jurisdictions with a unified goal of delivering responsive, localized, and community-driven public safety services.

Maintaining a local police department ensures faster response times, strong partnerships, and a high-touch policing model that aligns with community expectations. This report highlights progress achieved in the first half of 2025 while addressing fiscal realities and operational constraints. It also outlines next steps toward meeting upcoming regional demands, including the 2026 Super Bowl and FIFA World Cup events, which will necessitate enhanced readiness.

ITEM NO. 11.

PAGE 2 OF 14
SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2025 DATE: August 19, 2025
This bi-annual report provides a comprehensive review of LGMSPD’s operational achievements, strategic initiatives, and ongoing projects from January through June 2025. Despite lean staffing and fiscal limitations, the Department continues to demonstrate innovation, efficiency, vigilant budgetary considerations, and community commitment. Key outcomes and overview include:
 Department Staffing Update
 Fiscal Savings Initiatives in 2025
 Technology and Research Evaluation
 Calls For Service and Officer Activity
 Community Engagement and Emergency Preparedness Efforts  Police Fleet Overview and Operational Significance
 Community Survey Outcomes in the Context of LGMSPD
 Meliora Public Safety Assessment: Update and Status
 Vision and Future Priorities: July – December 2025 and Beyond DISCUSSION:

DEPARTMENT STAFFING UPDATE
Personnel stability remains a top priority for LGMSPD. As of this report, the Department has 37 sworn officers on roster out of 39 authorized positions; however, only 27 are currently active and available for full duty (see chart below). While this represents a marked improvement over the prior bi-annual report, staffing remains constrained by training and leave factors: two officers are in the Field Training Program, three are in the six-month police academy, and five are on long-term protected leave or light duty.

The FY 2025–26 budget does not include “hire-ahead” hours to proactively place trainees in academies before anticipated vacancies. In prior years, this strategy allocated 1,800 to 4,500 hours annually, ensuring academy graduates were ready as attrition occurred. As vacancy savings allowed flexibility in hiring, these additional allocated resources were not utilized and to ensure availability for other Town priorities were not appropriated for 2025-26.

LGMSPD successfully onboarded three new sworn officers (two laterals, one academy graduate) and promoted one Sergeant during this reporting period. The Department also brought on three part-time Community Service Officer interns and achieved full staffing in Dispatch for the first time in five years.

Budgeted
Sworn
Academy
Trainees
Current
Sworn
Off due
to injury
Light /
Modified Duty
Field
Training
Total Active
and
available
39 1 34 3 2 2 27

ITEM NO. 11.

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SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2025 DATE: August 19, 2025
Current vacancies include one Community Service Officer, one Records Specialist (backgrounds in progress), and two sworn positions, expected to grow by an additional two to three in the next six months. One vacancy resulted from the retirement of the Administrative Sergeant.

Recruitment efforts during this reporting period included a March 2025 Corporal and Sergeant assessment process, resulting in one Sergeant promotion and an eligibility list valid for one year. In June, a nationwide recruitment began with Peckham & McKenney Executive Recruitment to fill an upcoming retirement vacancy for the Support Services Captain over the next couple of months.

LGMSPD has historically relied heavily on Reserve Officers. In the past six months, however, three retired and one resigned, leaving only two remaining reserves. Despite this, the Department is on pace to match its record-setting hiring year of 2024. Notably, most new sworn hires now fall under PEPRA retirement rather than the legacy “Classic” PERS (3 percent at 50) plan. Extended vacancies in FY 2024–25 have also generated the largest projected underspend of the Police Department’s allocated budget in its history.

Retention and training remain critical for both sworn and professional staff. State POST mandates extensive training for all new hires, promoted personnel, and those in collateral assignments. These requirements are detailed on LGMSPD’s Transparency webpage.

To offset the impact of vacancies, LGMSPD strategically adjusted schedules and leveraged Reserve Officers, CSO interns, and volunteers. Reserve Officers provided over 300 hours of service this period, assisting with special events, targeted enforcement, and community outreach. Achieving full staffing in Dispatch has significantly reduced costly overtime and improved operational reliability, a priority echoed in the Meliora Public Safety Assessment recommendations.

Overtime trends comparing January to June 2024 with the same period in 2025 show Dispatch overtime continuing a three-year decline due to consistent hiring and training. Sworn overtime reductions stemmed from not mandating coverage for certain vacancies or untrained roles.

Looking forward, FY 2025–26 overtime will primarily cover special events such as Halloween, Taste of Los Gatos, Los Gatos in Lights, and the Children’s Holiday Parade, as well as mandated training, staffing gaps, and large-scale 2026 regional events, including the Super Bowl and FIFA World Cup.

Title Jan. – June 2024 Jan. – June 2025 Difference in FY Communications 1,211 hours 1,004 hours -207 hours
Sworn Staff 4,724 hours 3,285 hours -1,439 hours
FISCAL SAVINGS INITIATIVES IN 2025
LGMSPD remains committed to maximizing resources under fiscal constraints, as evidenced by the anticipated underspent FY 2024-25 budget amount. These align with Meliora’s

ITEM NO. 11.

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SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2025 DATE: August 19, 2025
recommendations for sustainable revenue and cost containment. Key actions in the first six months of 2025 include:
 Securing a $248,955 CHP DUI Enforcement Grant for specialized vehicles, enforcement equipment, and valuable officer training to be able to identify, enforce, and educate against impairment due to controlled substances. The Police Department identified the California Highway Patrol Cannabis Tax Fund Grant Program (CTFGP) in January, applied in February, and was notified in May of the award. This is the largest grant ever received by LGMSPD.
 Acceptance of a POST grant to help fund a 2026 Leadership Team Building Workshop (TBW) and strategic plan update.
 Monte Sereno law enforcement services contract update – the Town of Los Gatos updated the law enforcement services contract with the City of Monte Sereno, as the prior 30-year contract was coming to an end. The new contract extends law enforcement services to be provided by the LGMSPD for five years with updated language and cost recovery amounts for a more current cost reflection.  Los Gatos-Monte Sereno Police Foundation fiscal support has offered tremendous assistance to provide valuable training resources to the leadership team on accountability, enabled the purchase and replacement of outdated ballistic helmets, second year of National Night Out being hosted in the Town Plaza Park, the development and implementation of LGMSPDs first honor guard, and provided financial support for the June swearing in ceremony. The Foundation worked successfully on several fundraising events, including the annual Gala and the Mariucci Bocce Ball Tournament.
 Advancing revisions to the Town’s Alarm Ordinance to include residential alarm permits and cost recovery for Police response. Currently, the ordinance only applies to commercial alarms. Meliora assessment recommended the incorporation of residential alarms, like many other jurisdictions. (See below False Alarm Activity in these six reportable months)
 Research and evaluation towards expanding an existing vendor contract to further automate the alarm billing, contracted recovery of other administrative fines, and the ability to utilize attachments of such fines to the Franchise Tax Board (FTB) for recoup of these fees/fines.

False alarms continue to impact both police response time and resource allocation. In the first half of 2025:
 Residential False Alarms: 218
 Commercial False Alarms: 174
 Total False Alarms: 394
The Department is preparing for the implementation of a new alarm ordinance and registration system through expanding vendor services with TurboData Systems, the Police Department’s existing parking citations, and permit management vendor. With full rollout and compliance, it

ITEM NO. 11.

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SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2025 DATE: August 19, 2025
is expected that these figures and associated administrative efforts will significantly increase.

This underscores the importance of a formalized ordinance, both for operational efficiency and as a sustainable revenue stream to offset enforcement, response costs and administrative staff costs.

Parking Enforcement:
 Total Parking Citations Issued: 4,391
 Total Parking Warnings Issued: 1,114
 Combined Total: 5,505
These enforcement efforts contribute to improved traffic safety, business access, and residential quality of life. This parking enforcement is accomplished primarily through the Police Department’s two Parking Service Officers, who also assist with many other ancillary needs, like vehicle maintenance, traffic control, and support functions for the Police Department. Officers and Community Service Officers also assist with parking enforcement functions.

Parking enforcement plays a vital role in supporting the fiscal sustainability of municipal operations by generating revenue that can offset public safety and infrastructure costs.

Consistent enforcement ensures parking turnover, enhances accessibility for businesses and visitors, and reinforces pedestrian and traffic safety.

TECHNOLOGY AND RESEARCH EVALUATION
Technology modernization remains a cornerstone of LGMSPD’s strategy and directly supports several Meliora recommendations on accountability, transparency, and efficiency. The LGMSPD has not grown in staffing numbers for over two decades; therefore, the Police Department is evaluating technology options as solutions to augment increasing needs and demands. Other statewide law enforcement agencies are seeking similar solutions and have already begun to implement similar contracts and resources to leverage the interoperability components and improved efficiencies. These considerations are recommended in the Meliora report and align with best practice in the law enforcement profession. The evaluations that are underway include:
 Evaluating a 10-year Axon technology agreement bundle encompassing body-worn cameras, in-car video, and evidence management through unlimited cloud data storage, and many other tech items. This suite would address Meliora Assessment recommendations #79 and #92 for compliance and early intervention on personnel related matters.
 Exploring Drone as First Responder (DFR) implementation to enhance emergency response times, officer safety, de-escalation, cross-departmental use, and emergency preparedness.
 Expanding public-private camera partnerships to strengthen investigative capabilities, improve crime deterrence, and situational awareness during special events or

ITEM NO. 11.

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SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2025 DATE: August 19, 2025
emergencies. This also supports PPW with infrastructure monitoring and aligns with Meliora recommendation #127.
 Real-Time Crime Center (RTCC) – Assessing the viability of a RTCC which would centralize public and private video feeds for rapid intelligence sharing, reflecting best practices in regional policing. This responds to Meliora’s call for enhanced investigative and surveillance capabilities.

These technologies address critical operational gaps, mitigate lean staffing challenges, and enhance public trust through transparency and rapid service delivery.

CALLS FOR SERVICE AND OFFICER ACTIVITY
The LGMSPD continues to meet goal response times and provides an uncompromising high level of service to the community. The following table depicts a comparison of the Communications Division call volume, both inbound and outbound, immediacy to which they are answered, and the number of 911 calls over the last two years between the months of January and June.

The industry standard for a Public Safety Answering Point (PSAP) agency is a target for 911 calls to be answered within less than ten seconds 95% of the time. Outbound calls can be a result of transferring callers to other points of contact with Town Departments, contacting and following up with community members, or conducting other inter-agency duties.

January –
June
Inbound 911
calls
% of 911 calls
answered < 10 seconds
Incoming Nonemergency callsNon-emergency
Outbound calls
2025 4,698 95.95% 13,229 5,750
2024 5,173 95.90% 14,597 6,872
Officers’ response to priority calls for service continues to be comparable to prior years, and close to priority goals. These metrics can be found in the Fiscal Year Adopted Operating Budget in the performance measures section of the Police Department chapter and will have prior years for comparison.

Priority 1 refers to an immediate emergency with a threat to life or a public safety hazard, Priority 2 is an urgent emergency that requires an immediate response, and a Priority 3 is a non-emergency. The LGMSPD has set response time goals of 5:00 minutes for Priority 1 calls and has had an average of 3:32 over the past six months. Priority 2 call response goal is 10:00 minutes and was 7:02 during this reportable period. Priority 3 calls response goal is 15:00 minutes and had an average of 7:01 minutes between January and June 2025.

ITEM NO. 11.

PAGE 7 OF 14
SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2025 DATE: August 19, 2025

COMMUNITY ENGAGEMENT & EMERGENCY PREPAREDNESS EFFORTS
The LGMSPD remains committed to fostering strong community partnerships, enhancing emergency preparedness, and promoting public safety through proactive engagement.

From January through June 2025, the Department continued to invest in a wide array of community-based programs and volunteer initiatives.

LGMSPD successfully completed its third annual Community Police Academy, reinforcing transparency, public trust, and civic education. Participants received instruction in patrol operations, de-escalation, investigations, traffic enforcement, and the role of technology in modern policing. The program continues to draw high public interest and strong feedback. Due to staffing constraints, transition, and regional events, a Community Police Academy is not currently anticipated for Spring 2026.

The Office of the Chief continues to oversee the Youth Commission, which is scheduled to begin in September 2025. At the close of the 2024-25 school year, the Youth Commission included an updated Resolution, continued focus on prevention and education surrounding the use of controlled substances, and an emphasis on traffic and e-bike safety.

Community Engagement Highlights:
 Community Events Attended or Hosted: 17
Including bike rodeos, other school safety presentations, neighborhood meetings, service club meetings, and participation in regional preparedness forums.  Neighborhood Watch Groups: 4
Supporting community safety through crime prevention education and direct communication with patrol or command staff who are in attendance.  CERT (Community Emergency Response Team):
o Total Los Gatos and Monte Sereno trained CERT Members on roster: 240 o New CERT Members Recruited This Period: 17
CERT continues to serve as a cornerstone of local emergency preparedness, with trained volunteers prepared to assist during natural disasters.

Volunteer Contributions:

Disaster Aid Response Team (DART): 794 hours
Supporting emergency preparedness outreach, public education events, dynamic law enforcement incidents, and special event logistics.
 Volunteers in Policing (VIP): 2,600 hours
Providing essential non-sworn support, including vacation checks, Welcome Packets, administrative functions, and community engagement.
 Police Explorers: 55 hours
Offering young people valuable exposure to careers in law enforcement. Two LGMSPD Police Explorers completed the three-week Santa Clara County Explorer Academy, and LGMSPD provided staff to instruct and guide them through portions of the academy.

ITEM NO. 11.

PAGE 8 OF 14
SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2025 DATE: August 19, 2025
POLICE FLEET OVERVIEW AND OPERATIONAL SIGNIFICANCE:

Fleet Overview and Strategic Value:

The LGMSPD operates a purpose-built vehicle fleet designed to deliver comprehensive public safety services to the community. Fleet assets are acquired through a blend of Town funding, state and federal grants, community donations through the Disaster Aid Response Team (DART), and support from the Police Foundation. Vehicles are deployed across every operational area of the Department, including patrol, investigations, traffic enforcement, parking enforcement, school resource officer duties, volunteer coordination, and special event or collateral teams such as bike patrol, motors, and SWAT (CRU).

Several vehicles related to volunteer and ancillary services have been in service for 20 years or more, a testament to the Department’s commitment to asset longevity, fiscal stewardship, and maximizing return on investment. However, the Town maintains a relatively low mileage fleet for front line marked patrol units and was successful in achieving a grant for two new DUI focused marked units. Almost every asset plays or will play an active role during large-scale community events such as the Children’s Parade, dignitary visits, and dynamic law enforcement incidents.

Special Use, Grant-Funded, and Donated Resources:

Specialized vehicles expand operational reach and efficiency across diverse policing and community service needs:
 UTVs – Patrol (2 - grant funded), SRO (1 - Police Foundation), and DART (2 - donated) for off-road emergencies, open-space patrol, and mutual aid.  Bicycles – Electric (2 - Police Foundation) and standard (4 - Police Foundation) for patrol, events, and open-space access.
 Motorcycles – Zero-emission motorcycle for trail patrol and three traditional patrol motorcycles for traffic enforcement.
 Trailers – Two speed radar trailers; three team-specific trailers for DART, CERT, and CSI.  Parking Enforcement – Two vehicles equipped with License Plate Readers (LPR) and vehicle monitoring technology for effective time-zone and permit enforcement.  Community Service Vehicles – Two units used by CSOs and Volunteers in Policing (VIP) for vacation checks, welcome packet deliveries, and patrol presence.  DART Fleet – Includes a nearly 30-year old SUV, donated trailer, and UTVs, enabling thousands of annual volunteer hours supporting dynamic law enforcement incidents and investigations, special events, and community preparedness.

Unmarked and Specialized Vehicles:

Unmarked vehicles allow detectives, command staff, and administrative personnel to conduct investigations, interviews, and attend regional coordination meetings without drawing unnecessary public attention. The Meliora Public Safety Assessment recommended adding at

ITEM NO. 11.

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SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2025 DATE: August 19, 2025
least one unmarked vehicle to alleviate access limitations, particularly given the current separation of resources across two buildings.
 Administrative (Unmarked) – Chief, Captains, Traffic Sergeant, Administrative Sergeant.  Investigations (Unmarked) – Detective Sergeant and assigned detectives.

Marked Patrol Fleet (14 Vehicles):

Marked units form the backbone of daily patrol operations. While there are 14 total, about five patrol officers are typically on patrol at any one time. The 24/7 nature of operations requires vehicles to be ready for immediate deployment, with incoming shifts needing fully equipped units for emergency calls and proactive enforcement.
 K9 Unit – Dedicated marked vehicle for safe canine transport and deployment.  SRO Vehicle – Assigned for high-visibility presence at schools and during youth engagement.
 Supervisor Units (2) – Outfitted as mobile command centers with ballistic shields, lesslethal tools, and force-entry equipment for critical incidents.

Because patrol vehicles serve as mobile offices, overlap between shifts often requires sharing remaining vehicles while others are in service or repair. It is common for the day shift to remain on an active incident as the night shift begins, adding to the demand for available vehicles.

Fortunately, the Town has a relatively low mileage fleet for these front line marked patrol vehicles.

Procurement and Maintenance Realities:

Vehicle procurement and buildout present significant logistical challenges. Over the past five years, lead times have ranged from six months to over a year. Even after receipt, vehicles require extensive outfitting of radios, lights, cages, and computers before deployment.

The Town employs one full-time supervising equipment mechanic to maintain the Town’s municipal fleet and one PPW operations manager to oversee fleet and all town facilities. The LGMSPD Traffic Sergeant serving as the liaison for police specific needs. These realities underscore the necessity of retaining vehicles that may appear underutilized but serve as essential backups during maintenance cycles, emergencies, or sudden attrition.

COMMUNITY SURVEY OUTCOMES IN THE CONTEXT OF LGMSPD
The results of the 2025 Los Gatos Community Survey are particularly significant when considered in the context of staffing levels at the LGMSPD over the past several years. At times since 2022, the Department has operated at deployable levels 30% below the budgeted strength. While some impacts of the reduced available resources may be reflected in the outcome, overall, the feedback exceeded the scores of the survey conducted several years prior. Despite these challenges, the community continued to report high satisfaction with overall police services, an outcome that underscores the dedication, perseverance, and professionalism of the LGMSPD team.

ITEM NO. 11.

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SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2025 DATE: August 19, 2025
Officers have taken on overtime, adapted their roles creatively, and remained steadfast in their mission to protect and serve. The success of the survey results is not coincidental; it is the product of deliberate effort and a shared belief in delivering the level of service our residents expect and deserve.

Lower satisfaction with traffic enforcement (54%) reflects the necessity of having to reassign motor officers to general patrol duties to address core staffing shortages and the inability to send officers to motor training due to backfill needs.

As of mid-2025, hiring efforts are beginning to restore staffing capacity. We anticipate that by early 2026, several new officers will complete their academy and field training, resulting in increased field presence and renewed focus on dedicated traffic enforcement. This will help directly address the areas of concern identified in the community survey.

Looking ahead, maintaining adequate staffing levels is critical. Adequate is defined by the community as seen in the survey. The Police Department endears the ability to plan for anticipated vacancies, particularly as a significant number of retirements remain forecasted in the upcoming fiscal year. Absent timely hiring and training of replacements, the Department risks further constraints on visibility and enforcement capacity.

MELIORA PUBLIC SAFETY ASSESSMENT: UPDATE AND STATUS
The LGMSPD continues to make meaningful progress in advancing the priorities outlined in the Meliora Public Safety Organizational Assessment, which was presented to the Town Council in November 2024. This comprehensive and independent evaluation assessed staffing, workload, service delivery, internal policies, and facility efficiency. It resulted in 130 data-informed recommendations, grouped under five key themes:

1. Organizational Structure and Facility Optimization

2. Facility Consolidation and Infrastructure Planning

3. Role Alignment and Operational Efficiency

4. Risk Management and Accountability

5. Process Improvement and Technology Integration
Since that time, LGMSPD has aligned its internal efforts with the Department’s 2024–2026 Strategic Plan, available staffing, and fiscal resources to address a growing number of these recommendations, prioritizing impact, revenue, efficiency, and sustainability.

Progress Update (January–June 2025):
 14 recommendations previously “In Progress” have now been fully addressed  11 recommendations originally designated “Short Term (3–6 months)” have been completed
 4 “Long-Term” recommendations have already been resolved  Numerous items previously considered long-term have now been accelerated for earlier implementation

ITEM NO. 11.

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SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2025 DATE: August 19, 2025
This progress represents a significant organizational achievement in just six months and reflects the Department’s commitment to continuous improvement, operational excellence, and longrange planning.

Facility Consolidation Analysis
The most consequential recommendations by the Meliora assessment calls for consolidation of the two-building model and a comprehensive space needs assessment to explore the operational, logistical, and financial implications of consolidating LGMSPD’s operations under a single roof. The Department currently operates out of two buildings, separated by two miles, which has proven inefficient for communications, supervision, technology access, continuity of operations, and community-facing services.

In July 2025, the Director of PPW, Police Chief, and a lead consultant from DLR Group conducted a joint walkthrough of both the Police Operations Building (POB) and Headquarters.

DLR Group was selected through a competitive process based on its institutional knowledge, having designed the original POB remodel, and its extensive portfolio of public safety facilities, including the recent completion of the Stanford Department of Public Safety & Emergency Operations Center.

Key elements of the walkthrough included:
 Evaluation of current layout and spatial constraints
 Review of parking and access logistics for staff, volunteers, and the public  Detailed documentation of operational inefficiencies and potential areas for consolidation
This work marks the first step toward realizing a long-term consolidation strategy, consistent with Theme 2 of the Meliora Assessment. Anticipated benefits include:
 Enhanced staff communication and supervisory oversight  Centralized community access and improved facility security  Updated infrastructure with ADA compliance and EOC readiness  Dedicated space for training, volunteer coordination, and public engagement  Energy-efficient design and reduced long-term maintenance costs A formal agreement is in development between PPW and the DLR Group with final deliverables to include a functional report, conceptual drawings, recommendations, and cost estimates.

Completion is anticipated within several months from the start of the project and will serve as the foundation for long-range capital planning and operational consolidation.

The initiatives set in motion by the Meliora recommendations, though not always visible to the community, provide foundational improvements that will increase organizational transparency, reduce risk, and enhance service delivery.

ITEM NO. 11.

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SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2025 DATE: August 19, 2025
LGMSPD’s continued work on Meliora’s roadmap demonstrates the Department’s dedication to measurable reform and excellence in policing. Many recommendations are now in active progress and will be reported on in the next biannual update. These investments in policy, people, technology, and infrastructure are critical to ensuring LGMSPD can continue to meet community needs.

VISION AND FUTURE PRIORITIES: JULY–DECEMBER 2025 AND BEYOND The Los Gatos-Monte Sereno Police Department continues to advance with intention, guided by its Strategic Plan, the Meliora Organizational Assessment, and evolving public safety needs across our region. As LGMSPD nears the final stretch of 2025, the Department remains focused on delivering innovation, preparedness, and service excellence, while positioning itself for regional leadership in 2026, a year that will bring historic public safety coordination opportunities with the Super Bowl and FIFA World Cup hosted in the Bay Area.

Key Priorities for the Remainder of 2025:

Deployment of LGMSPD’s First Explosives Detection Canine (EOD K9):

In the coming months, the Department will welcome a highly trained explosives detection dog, "Junior," into service. Together with his handler, this new K9 team is completing POST-certified training and will enhance LGMSPD’s capabilities in dignitary protection, special events, and regional mutual aid.
 Police Recognition Luncheon:

The Los Gatos-Monte Sereno Police Foundation will host its annual Recognition Luncheon on October 16, 2025, at the Jewish Community Center, honoring the professionalism, commitment, and service of department members and volunteers.  DLR Group Space Assessment:

Execution of the formal agreement with DLR Group will initiate a comprehensive facility needs study. The results of this assessment will be foundational for long-term planning to consolidate operations and support modern policing needs.  Implementation of the New Alarm Ordinance:

As part of a broader revenue recovery and efficiency initiative, LGMSPD will implement an updated alarm registration and enforcement program, supported by the rollout of TurboData for improved compliance and administrative tracking.  Update to the Community Complaint Process (CCP):

As a proposed recent budget saving measure, LGMSPD is working with the Town Manager’s Office to finalize updated CCP protocols to reflect current shifting oversight structures from the Town Attorney, to improve timeliness, and to strengthen internal review processes.  DUI Cost Recovery and Grant Implementation:

The Department is developing an internal process to recover costs associated with DUI enforcement and adjudication. Additionally, LGMSPD will steward a $248,000 DUI grant, coordinating required checkpoints, reporting, and advanced training throughout the year.

ITEM NO. 11.

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SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2025 DATE: August 19, 2025
 Recruitment and Onboarding of Support Services Captain:

The upcoming recruitment and selection process for the upcoming vacancy in the Support Services Captain role will help realign key leadership responsibilities and fortify internal operations.
 Evaluation of Axon and LVT Technologies:

As LGMSPD continues to modernize, the Department is reviewing solutions offered by Axon and LiveView Technologies (LVT) to enhance transparency, data management, and situational awareness. Budget development, proposals, and vendor coordination are underway.
 Parking Program Transition and Partnership with PPW:

LGMSPD remains a key partner in the transition of the Town’s parking management plan, working in coordination with the Dixon Parking implementation and PPW leadership to ensure operational success and public communication.
 Support for 2025–26 School Year:

With the new academic year ahead, LGMSPD will continue active support of local schools and students through its School Resource Officer program and traffic safety partnerships.  Traffic Enforcement Expansion:

As staffing levels stabilize, a second motor officer will be trained to increase LGMSPD’s traffic enforcement presence and responsiveness to high-collision corridors and school zones while also addressing e-bike enforcement when possible.  Expansion of Neighborhood Incident Command Posts (NICP):

A new NICP will be established at or near El Camino Hospital, further enhancing community preparedness and emergency coordination efforts in collaboration with CERT volunteers.  Communications Infrastructure Modernization – NG911 Transition LGMSPD will need to begin urgently upgrading its Public Safety Answering Point (PSAP) infrastructure from obsolete copper-based systems to fiber-optic technology in preparation for Next Generation 911 (NG911). The current infrastructure, originally designed with a 5–7 year lifespan, is now over 12 years old and at critical risk of failure. While Cal OES had initially prioritized a cloud-based rollout through contractor NGA, that effort failed due to insufficient end-to-end testing and deployment delays statewide. Given the fragile state of LGMSPD’s current system and the inability to replace failing components, the Department will now pursue an alternate, vetted pathway for NG911 compliance, supported by available Cal OES funding.
 Regional Preparedness for Super Bowl & FIFA World Cup (2026):

LGMSPD is heavily involved in regional safety planning to ensure readiness for two highprofile global events, the Super Bowl in February and the FIFA World Cup in June. Emphasis will be placed on interoperability, intelligence sharing, and mutual aid coordination.  Operational Collateral Team Readiness Assessment:

Strengthen operational resilience and optimize specialized responses, LGMSPD will conduct a comprehensive evaluation of its collateral and specialty teams, including CRU, CNT, Drone, and Bike Team. This assessment will focus on equipment inventory, training proficiencies, team policies, and internal cohesion. The effort aligns with the Town’s Top Priority and

ITEM NO. 11.

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SUBJECT: Receive the Bi-Annual Police Services Report for January – June 2025 DATE: August 19, 2025
many Core Goals in that this is to ensure readiness, interoperability, and foundational familiarity ahead of large-scale regional deployments and evolving community needs.

From January through June 2026, LGMSPD will transition from project execution to operational maintenance and continuity, with a focus on stability, community confidence, and readiness to meet any public safety demands, locally or regionally. Strong internal systems, volunteer partnerships, and enhanced inter-agency relationships will be the foundation of this transition.

CONCLUSION
The first half of 2025 reflects a period of strategic adaptation and forward momentum for the LGMSPD, marked by measurable progress in staffing stabilization, fiscal responsibility, community engagement, and implementation of key Meliora Public Safety Assessment recommendations. LGMSPD has upheld its commitment to localized service, innovation, and transparency, while also laying critical groundwork for the regional demands of 2026.

Sustaining this progress will require ongoing investment in personnel, technology, and infrastructure, as well as continued support for proactive planning to anticipate vacancies and operational pressures. The Department remains a trusted, resilient, and adaptive pillar of the community, with its vision firmly focused on delivering excellence in public safety services through the remainder of 2025 and beyond.

ENVIRONMENTAL ASSESSMENT:

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

Attachment:

1. PowerPoint Presentation

ITEM NO. 11.

LOS GATOS

POLICE SERVICES
REPORT
JAN-JUNE 2025

ITEM NO. 11.

POLICE OFFICERS POLICE OFFICER RECRUITS
THE DEPARTMENT Staff Update

COMMUNITY SERVICE OFFICER INTERNS

SERGEANT DISPATCHER

ITEM NO. 11.

DUI GRANT

POST GRANT
(TEAM BUILDING

WORKSHOP)

MONTE SERENO

LE SERVICES

CONTRACT
FISCAL
BUDGET

LGMS POLICE

FOUNDATION

PARKING

RESIDENTIAL
ALARM

ORDINANCE

ALARM BILLING &
PERMIT

MANAGEMENT

VENDOR (TURBODATA)

ITEM NO. 11.

AXON

RTCC DFR

CAMERAS
- PUBLIC
&

PRIVATE
Technology &
Research
Evaluation

ITEM NO. 11.

Calls For Service
2:24
0:00
4:48
7:12
12:00
9:36
16:48
14:24
PRIORITY 1 CALLS
4,698
20%
13,229
56%
5,750
24%

COMMUNICATIONS

CALL CENTER METRICS
January - June
2025
911 Calls (95.95% Calls Answered < 10 Sec)
Incoming Non Emergency Calls
Outbound Calls
5,173
19%
14,597
55%
6,872
26%

COMMUNICATIONS

CALL CENTER METRICS
January - June
2024
911 Calls (95.90% Calls Answered < 10 Sec)
Incoming Non Emergency Calls
Outbound Calls
5:23
6:59 7:03
3:32
7:02 7:01
5:00
10:00
15:00
0:00
2:24
4:48
7:12
9:36
12:00
14:24
16:48
PRIORITY 1 CALLS PRIORITY 2 CALLS PRIORITY 3 CALLS

RESPONSE TIMES BY PRIORITY
January – June
2024 - 2025
2024 2025 GOAL

ITEM NO. 11.

Traffic Enforcement & Case Reports
2124
1814
1083
671
0 500
1000
1500
2000
2500
January - June 2024 January - June 2025

TRAFFIC STOPS & CITATIONS
ISSUED
January - June
2024 - 2025
Traffic Stops Citations Issued
1027
1110
742
525
0 200
400
600
800
1000
1200
January - June 2024 January - June 2025

DOCUMENTED REPORTS
Original/Supplemental
January - June
2024 - 2025
Orignal Reports Supplemental Reports

ITEM NO. 11.

COMMUNITY POLICING
LGMS Police
Foundation
Service Club
meetings
Special OlympicsTorch Run Bike Rodeos
3RD Community Police
Academy
Safety
Presentations
Neighborhood Watch &
CERT Oversight meetings
CERT Oversight
meetings

ITEM NO. 11.

FLEET COMPOSITION
Mix of marked patrol units, unmarked
investigative/admin vehicles, special-use
units (UTVs, bikes, trailers), and
volunteer/donated resources

FUNDING SOURCES
Town budget, state/federal grants, Police
Foundation, community donations

OPERATIONAL COVERAGE
Supports 24/7 patrol, investigations, school
safety, traffic enforcement, volunteer
programs, and special events

SPECIALIZED EQUIPMENT
Supervisor units as mobile command posts;
parking vehicles with ALPR; UTVs for off-road
& event support

CAPACITY CONSTRAINTS
5 patrol officers per shift; marked units
shared between day/night shifts with limited
downtime

PROCUREMENT LAG
6-12+ month lead time for acquisition &
upfitting; requires maintaining backup units

LGMSPD- FLEET OVERVIEW

ITEM NO. 11.
81%
80%
81%
Satisfaction with Town Services,
Police Services was top three.
• Police Services was also selected
as the top two most important
services for the Town to provide.

Police Services saw the biggest
gain in Town Services
satisfaction since 2022. Going
from 74% to 81% in 2025
Public Safety Perceptions were rated
in 9 areas with three categories
rating above 80%:
• Professionalism of Officers
• Effectiveness of police
• How quickly police respond
Public Safety: Priorities for
Investment
• Continued efforts to prevent
crime
• More visibility of police
personnel in neighborhoods
• Efforts to collaborate with the
public to address concerns
• Enforcement of local traffic law

SURVEY SUMMARY

ITEM NO. 11.
5 4
2 3
1 Organizational Structure &
Facility Optimization
Facility Consolidation & Infrastructure
Planning
Role Alignment & Operational Efficiency
Risk Management & Accountability
Process Improvement & Technology
Integration

ITEM NO. 11.

Transparency & Public
Accountability
Legal Compliance &
Policy Framework
Controlled Access &
Use Restrictions
• Only authorized California
law enforcement agencies
can access ALPR data.
• No direct access for
federal or out-of-state
agencies.
• Never used solely for
immigration
enforcement.
• Public ALPR policy & usage
data posted on:
o Town Transparency
& Data Portal
o Flock Safety
Transparency Portal
• Regular updates maintain
community oversight &
trust
• Governed by SB 34 (ALPR
data safeguards) & SB 54
(California Values Act)
• Guided by LGMSPD
Lexipol Policy 429 –
Automated License Plate
Readers (ALPR), ensuring
lawful, ethical, and
accountable use. Posted
on LGMSPD website
Investigative Tool
• Functions as a pointer
system to locate:
o Missing persons
o Crime victims
o Criminal suspects
• Always used alongside
other lawful investigative
methods that are
governed by Policy 429,
SB34, and SB 54
ALPR

ITEM NO. 11.

Priorities & Themes

STAFFING STABILITY TRAFFIC ENFORCEMENT

EXPANSION

MELIORA ASSESSMENT

IMPLEMENTATIONS

COMMUNICATIONS

INFRASTRUCTURE

MODERNIZATION

REGIONAL PREPAREDNESS

FOR SUPER BOWL & FIFA

WORLD CUP

OPERATIONAL COLLATERAL

TEAM READINESS

ASSESSMENT

ITEM NO. 11.

ITEM NO. 11.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 08/19/2025
ITEM NO: 12
DATE: August 14, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Consider an Appeal of a Planning Commission Decision to Deny a Fence Height Exception Request for an Existing Fence Partially Located in the Town’s Right-of-Way and Exceeding the Height Limitations Within the Required Front Yard and Street-Side Yard Setbacks on Property Zoned R-1D.

Located at 10 Charles Street. APN 532-36-022. Fence Height Exception Application FHE-23-001. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures.

Property Owner/Applicant/Appellant: Firoz Pradhan. Project Planner: Sean Mullin.

RECOMMENDATION: Adopt a resolution (Attachment 16) denying an appeal of a Planning Commission decision to deny a Fence Height Exception request for an existing fence partially located in the Town’s right-of-way and exceeding the height limitations within the front yard and streetside yard setbacks on property zoned R-1D, located at 10 Charles Street.

FISCAL IMPACT:

Not applicable. Considering approval or denial of an appeal does not in itself result in an additional cost. Depending on the action taken, additional cost may be incurred.

STRATEGIC PRIORITIES:

Not applicable.

ITEM NO. 12.

PAGE 2 OF 9
SUBJECT: 10 Charles Street /FHE-23-001
DATE: August 14, 2025
BACKGROUND:

The subject property is located at the corner of Charles Street and Los Gatos Boulevard (Attachment 1, Exhibit 1). The surrounding properties are residential uses. The subject property is developed with a single-family residence.

On November 11, 2022, the Town issued an Administrative Warning for a code violation at the subject property for construction of a fence exceeding height limitations within the required side yard area (Attachment 1, Exhibit 4). This letter requested that the property owner reduce the height of the fence to no more than three feet or apply for a Fence Height Exception.

Following the issuance of the Administrative Warning, the property owner contacted Town Planning staff, who communicated to the property owner that the new fence exceeded the maximum height allowed in the required front and street-side yard setbacks, as well as the traffic view area and corner sight triangle. Staff indicated that the Town Code offers an exception process that allows for deviation from the Town’s requirements if the appropriate findings are made by the Community Development Director.

On January 10, 2023, the applicant applied for an exception to the Town’s fence regulations (FHE-23-001) for the construction of the fence, which does not comply with the Town Code fence height regulations for fences located in the required front and street-side yard areas, as well as the traffic view area and corner sight triangle (Attachment 1, Exhibit 5). The exception request was based on concerns related to safety and security. Planning and Engineering staff initially supported the request (Attachment 1, Exhibit 6), finding that the open design of the fence and the width of sidewalk/planting strip mitigate the traffic and pedestrian safety concerns. Following a site visit by staff to prepare an exhibit to support granting the exception, staff noted that portions of the fence are located in the Town’s right-of-way, a fact not available during initial consideration of the exception request. In consultation with the Engineering Division, it was determined that the Town could not make the findings required for granting an exception due to the fence being located in the Town’s right-of-way, and the exception request was denied on March 23, 2023 (Attachment 1, Exhibit 8).

On April 3, 2023, the decision of the Community Development Director was appealed to the Planning Commission by the property owner, Firouz Pradhan (Attachment 1, Exhibit 9). On the appeal form, the appellant indicated that they were seeking additional information and discussing the matter with the Parks and Public Works Department to seek a resolution. A Letter of Justification discussing the appeal was provided to staff on March 2, 2025 (Attachment 1, Exhibit 10).

On March 12, 2025, the Planning Commission considered the appeal of a Community Development Director decision to deny the fence height exception request at 10 Charles Street (Attachments 1 and 2). The Planning Commission received the staff report, testimony from the

ITEM NO. 12.

PAGE 3 OF 9
SUBJECT: 10 Charles Street /FHE-23-001
DATE: August 14, 2025
applicant, input from the public, and voted unanimously to continue the matter to the April 23, 2025, meeting with the following direction to the applicant:
 Address the right-of-way and safety issues created by the fence;  Redesign the fence at the corner of Los Gatos Boulevard and Charles Street to adhere to the Corner Sight Triangle standards to staff’s approval;
 Redesign the fence near the driveway serving 264 Los Gatos Boulevard to address sight and safety concerns; and
 Any approval carries the conditions that there be no changes to the materials or solidness of the fence and that there be no plantings allowed along the fence.

On April 23, 2025, staff recommended that the Planning Commission continue this matter to a date certain of May 28, 2025, to allow the applicant additional time to prepare a response to the Commission’s direction of March 12, 2025 (Attachments 3 through 6). A member of the public pulled this item from the Consent Calendar and provided comments to the Commission.

The Commission then continued this matter to the May 14, 2025, meeting.

On May 14, 2025, staff recommended that the Commission continue this matter to the May 28, 2025, meeting due to the applicant’s previously arranged travel plans (Attachments 7 and 8).

The Commission continued this matter to the May 28, 2025, meeting.

On May 28, 2025, the Planning Commission considered the appellant’s response to their direction of March 12, 2025 (Attachments 9 through 13). As detailed in the Staff Report included as Attachment 9, the applicant provided two response letters outlining proposed changes to the fence with the intent of responding to the direction of the Planning Commission.

Neither option reduced the height of the fence. Both options proposed modifications that would partially address the safety concerns created by fencing located in the corner sight triangle and driveway view areas; however, neither option presented to the Planning Commission provided remedy to the over height fence within the front and street-side setbacks; corner sight triangle; driveway view area; and traffic view area at a height exceeding the maximum allowed three feet. Additionally, portions of the fence located along Charles Street would remain in the right-of-way, with the applicant indicating their willingness to enter into the appropriate agreements with the Town to maintain private improvements in the rightof-way. The Planning Commission received the staff report, testimony from the applicant, and input from the public. The Planning Commission was unable to make the findings to grant the appeal and voted five-to-one to deny the appeal (Attachments 12 through 13).

On June 9, 2025, the decision of the Planning Commission was appealed to the Town Council by an interested person, Firoz Pradhan, property owner of 10 Charles Street (Attachment 14). On the appeal form, the appellant indicated that there was an error or abuse of discretion by the Planning Commission and that the decision of the Planning Commission is not supported by substantial evidence in the record.

ITEM NO. 12.

PAGE 4 OF 9
SUBJECT: 10 Charles Street /FHE-23-001
DATE: August 14, 2025
Pursuant to Town Code Section 29.20.275, any interested person, as defined by Section

29.10.020, may appeal to the Council any decision of the Planning Commission. The notice of appeal must state specifically how there was an error or abuse of discretion by the Planning Commissioner or how the Planning Commission’s decision was not supported by substantial evidence in the record. (Demonstrating that a decision was not supported by substantial evidence in the record is one way of establishing an abuse of discretion.) For residential projects, an interested person is defined as “a person or entity who owns property or resides within 1,000 feet of a property for which a decision has been rendered and can demonstrate that their property will be injured by the decision.” The appellant meets the requirements.

Pursuant to Town Code Section 29.20.280, the appeal must be heard within 56 days of the Planning Commission hearing, in this case by August 4, 2025. Due to there being no Council meetings in July and the appellant’s previously arranged travel plans, the appellant requested that the item be added to the August 19, 2025, agenda. The Council must at least open the public hearing for the item and may continue the matter to a date certain if the Council does not complete its deliberations.

Pursuant to Town Code Section 29.20.295, in the appeal and based on the record, the appellant bears the burden to prove that either there was an error or abuse of discretion (which includes making a decision that was not supported by substantial evidence in the record) by the Planning Commission. If neither is proved, the appeal should be denied. If the appellant meets the burden, the Council shall grant the appeal and may modify, in whole or in part, the determination from which the appeal was taken or, at its discretion, return the matter to the Planning Commission. If the basis for granting the appeal is, in whole or in part, information not presented to or considered by the Planning Commission, the matter shall be returned to the Planning Commission for review.

DISCUSSION:

A. Project Summary
The subject property is located at the corner of Charles Street and Los Gatos Boulevard. The Town Code limits the height of fences, walls, trees, and shrubs to three feet when located in required front and street-side setbacks; corner sight triangle; driveway view area; or traffic view area. The subject property is encumbered by all four of these areas. Attachment 9, Exhibit 16, prepared by staff, demonstrates the interaction of the various areas on the subject property to identify the portions of the property where a fence is limited to a maximum height of three feet. The entirety of the existing fence is located in areas limiting its height to three feet. Additionally, portions of the fence are located in the Charles Street right-of-way.

ITEM NO. 12.

PAGE 5 OF 9
SUBJECT: 10 Charles Street /FHE-23-001
DATE: August 14, 2025
The property owner requested an exception to the fence regulations for a fence exceeding a height of three feet located in the front and street-side yard areas, traffic view area, and corner sight triangle (Attachment 1, Exhibit 5). The total height of the wood fence is five feet, four inches tall. The fence is comprised of two sections: a solid two foot, two-inch-tall lower section with vertical wood boards; and an upper three feet, two-inch-tall section with wood lattice with five-inch openings.

Pursuant to Town Code Section 29.40.0315 (a)(3), fences, walls, gates, and hedges may not exceed a height of three feet when located within a required front or side yard abutting a street, traffic view area, or corner sight triangle, unless an exception is granted by the Town Engineer and Community Development Director. This regulation is intended to minimize conflicts between pedestrians, cyclists, and cars by ensuring fences, walls, gates, and hedges do not obstruct the view from a car at an intersection of two streets. Limiting the height of fences and gates to no more than three feet in these areas allows drivers and pedestrians a view of each other while continuing to afford property owners the opportunity to define the boundaries of their property. The required front setback in the R-1D zone is 15 feet, the required street-side setback is 10 feet, and the traffic view area and corner sight triangle are dimensioned in Exhibit 11 of Attachment 1. The proposed fivefoot, four-inch tall fence is set at the front property line, then turns east and enters the Town’s right-of-way, paralleling the curb along Charles Street (Attachment 1, Exhibit 7).

Town Code Section 29.40.0320, provided below, allows an exception to any of the fence regulations if a property owner can demonstrate that one of the following conditions exists.

Sec. 29.40.0320. - Exceptions.

An exception to any of these fence regulations may be granted by the Community Development Director. A fence exception application and fee shall be filed with the Community Development Department and shall provide written justification that demonstrates one (1) of the following conditions exists:
(a) Adjacent to commercial property, perimeter fences or walls may be eight (8) feet if requested or agreed upon by a majority of the adjacent residential property owners. (b) On interior lots, side yard and rear yard fences, walls, gates, gateways, entry arbors, or hedges, behind the front yard setback, may be a maximum of eight (8) feet high provided the property owner can provide written justification that either:
(1) A special privacy concern exists that cannot be practically addressed by additional landscaping or tree screening; or
(2) A special wildlife/animal problem affects the property that cannot be practically addressed through alternatives. Documented instances of wildlife grazing on gardens or ornamental landscaping may be an example of such a problem. (c) At public utility facilities, critical infrastructure, and emergency access locations, exceptions may be granted where strict enforcement of these regulations will result in a security or safety concern.

ITEM NO. 12.

PAGE 6 OF 9
SUBJECT: 10 Charles Street /FHE-23-001
DATE: August 14, 2025
(d) A special security concern exists that cannot be practically addressed through alternatives.
(e) A special circumstance exists, including lot size or configuration, where strict enforcement of these regulations would result in undue hardship.

The property owner requested an exception based on safety and security concerns (Attachment 1, Exhibit 5). Staff was unable to make the findings for granting an exception and denied the exception request on March 23, 2023 (Attachment 1, Exhibit 8). The decision of the Community Development Director was appealed to the Planning Commission.

B. Planning Commission
On May 28, 2025, the Planning Commission considered the applicant’s response to its direction of March 12, 2025. As detailed in the Staff Report included as Attachment 9, the applicant provided two response letters outlining proposed changes to the fence with the intent of responding to the Planning Commission. Neither option reduced the height of the fence. Both options proposed modifications that would partially address the safety concerns created by fencing located in the corner sight triangle and driveway view areas; however, neither option presented to the Planning Commission provided remedy to the over height fence within the front and street-side setbacks; corner sight triangle; driveway view area; and traffic view area at a height exceeding the maximum allowed three feet. Additionally, portions of the fence located along Charles Street would remain in the right-of-way, with the applicant indicating their willingness to enter into the appropriate agreements with the Town to maintain private improvements in the right-of-way. The Planning Commission received the staff report, testimony from the applicant, input from the public, and voted five-to-one to deny the request (Attachments 12 and 13).

C. Appeal to Town Council
On June 9, 2025, the decision of the Planning Commission was appealed to the Town Council by an interested person, Firoz Pradhan, property owner of 10 Charles Street (Attachment 14). On the appeal form, the appellant indicated that there was an error or abuse of discretion by the Planning Commission and that the decision of the Planning Commission is not supported by substantial evidence in the record. The appellant’s reasoning is provided below, followed by staff’s response.

1. Appellant: There was an error or abuse of discretion by the Planning Commission as the Planning Commission failed to exercise its discretion to grant the appeal with stringent conditions that the property owner would be mandated - and was, in fact, willing to - implement to ensure any safety concerns due to visibility issues.

ITEM NO. 12.

PAGE 7 OF 9
SUBJECT: 10 Charles Street /FHE-23-001
DATE: August 14, 2025
Staff Response: In discussion, the Commission noted that they provided clear direction to the appellant and that the appellant returned to the Commission with two options that did not respond to their direction. Additionally, the Commission noted that the fence creates a safety issue, and they were unable to make the findings required by Town Code Section 29.40.0320 for granting an exception. The Commission voted five-toone to deny the appeal.

2. Appellant: The Planning Commission's decision is not supported by substantial evidence in the record, as the Town is willing to have the right-of-way issue addressed through a license agreement; the Planning Commission's decision to reject the appeal in full, and not grant it partially, is not supported by this evidence.

Staff Response: In discussion, staff and the Commission indicated that there was support for allowing the portion of the fence located in the right-of-way to remain, subject to a license agreement. However, since the Commission opined that the portions of the fence create a safety issue and they were unable to make the findings required by Town Code Section 29.40.0320 for granting an exception, the Commission voted five-to-one to deny the appeal.

On June 12, 2025, the appellant submitted a proposal for modifications to the fence (Attachment 15). The appellant proposes the following changes:
 Fence height would be reduced along the entire Los Gatos Boulevard frontage to three feet or less;
 Shrubs located behind the fence along the Los Gatos Boulevard frontage be reduced to three feet or less;
 First 30 feet of fence and shrubs located along Charles Street would be reduced to three feet or less;
 Past the 30 feet on Charles Street, the fence would remain at the current height (see typical elevation with dimensions and materials);
 At the driveway south of 10 Charles Street, the fence would be reduced to three feet or less for the first 10 feet from the corner towards the house. (Triangle "A"); and  All fences and shrubs in the areas designated "A", "B", "C" & "D" as shown in Attachment 15 in red, would be reduced and maintained at three feet or less, while the rest of the fence section shown in green would remain.

Staff Response: The information provided in Attachment 15 is new and was not presented to or considered by the Planning Commission. Pursuant to Town Code Section 29.20.295, if the appellant meets the burden of proof that either there was an error or abuse of discretion (which includes making a decision that was not supported by substantial evidence in the record) by the Planning Commission, and the basis for granting the appeal is, in whole or in part, information not presented to or considered by the Planning

ITEM NO. 12.

PAGE 8 OF 9
SUBJECT: 10 Charles Street /FHE-23-001
DATE: August 14, 2025
Commission, the appeal should be granted and the matter remanded back to the Planning Commission for consideration of the new information. However, if the appellant fails to meet the burden of proof that either there was an error or abuse of discretion (which includes making a decision that was not supported by substantial evidence in the record) by the Planning Commission, the appeal shall be denied.

PUBLIC COMMENTS:

Written notice of the Town Council hearing was sent to property owners and tenants within 300 feet of the subject property. Public comments received between 11:01 a.m., Wednesday, May 28, 2025, and 11:00 a.m., Thursday, August 14, 2025, are included as Attachment 17.

ENVIRONMENTAL REVIEW:

The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction.

CONCLUSION:

A. Recommendation
For the reasons stated in this report, it is recommended that the Town Council uphold the decision of the Planning Commission to deny the application and adopt a resolution (Attachment 16) denying the appeal.

B. Alternatives
Alternatively, the Town Council could continue the application to a date certain and:

1. Provide direction to staff to prepare a resolution to grant the appeal and remand the application back to the Planning Commission with specific direction;

2. Provide direction to staff to prepare a resolution granting the appeal and approving the application; or

3. Continue the application with other specific direction.

ITEM NO. 12.

PAGE 9 OF 9
SUBJECT: 10 Charles Street /FHE-23-001
DATE: August 14, 2025
ATTACHMENTS:

1. March 12, 2025, Planning Commission Staff Report, with Exhibits 1 through 11

2. March 12, 2025, Planning Commission Verbatim Minutes

3. April 23, 2025, Planning Commission Staff Report

4. April 23, 2025, Planning Commission Addendum, with Exhibit 12

5. April 23, 2025, Planning Commission Desk Item, with Exhibits 13 through 14

6. April 23, 2025, Planning Commission Verbatim Minutes

7. May 14, 2025, Planning Commission Staff Report

8. May 14, 2025, Planning Commission Meeting Minutes

9. May 28, 2025, Planning Commission Staff Report, with Exhibits 15 through 19

10. May 28, 2025, Planning Commission Addendum, with Exhibit 20

11. May 28, 2025, Planning Commission Desk Item, with Exhibit 21

12. May 28, 2025, Planning Commission Verbatim Minutes

13. May 28, 2025, Planning Commission Action Letter

14. Appeal of the Planning Commission Decision, received June 9, 2025

15. Additional Information from Appellant, received June 12, 2025

16. Draft Resolution to Deny Appeal and Deny the Application

17. Public comments received between 11:01 a.m., Wednesday, May 28, 2025, and 11:00 a.m., Thursday, August 14, 2025

ITEM NO. 12.

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

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 03/12/2025
ITEM NO: 3
DATE: March 7, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider an Appeal of a Community Development Director Decision to Deny a Fence Exception Request for an Existing Fence Partially Located in the Town’s Right-of Way and Exceeding the Height Limitations within the Required Front Yard and Street-Side Yard Setbacks on Property Zoned R-1D. Located at 10 Charles Street. APN 532-36-022. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23-001. Property Owner/Applicant/Appellant: Firouz Pradhan. Project Planner: Sean Mullin.

RECOMMENDATION:

Deny the appeal of a Community Development Director decision to deny a fence height exception request for an existing fence partially located in the Town’s right-of way and exceeding the height limitations within the required front yard and street-side yard setbacks on property zoned R-1D, located at 10 Charles Street.

PROJECT DATA:

General Plan Designation: Medium Density Residential
Zoning Designation: R-1D, Single-Family Residential Downtown Applicable Plans & Standards: Town Code, General Plan, Residential Design Guidelines Parcel Size: 7,500 square feet
Surrounding Area:

Existing Land Use General Plan Zoning
North Residential Medium Density Residential R-1D
South Residential Medium Density Residential R-1D
East Residential Medium Density Residential R-1D
West Residential Low Density Residential R-1:8

ATTACHMENT 1

ITEM NO. 12.

PAGE 2 OF 7
SUBJECT: 10 Charles Street/FHE-23-001
DATE: March 7, 2025
C:\Users\MeetingsOfficeUser11\AppData\Local\Temp\tmpE98A.tmp CEQA:

The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures.

FINDINGS:
 The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303 (e): New Construction or Conversion of Small Structures.
 As required by Section 29.40.320 of the Town Code for granting a Fence Height Exception.

ACTION:

The decision of the Planning Commission is final unless appealed within ten days.

BACKGROUND:

The subject property is located at the corner of Charles Street and Los Gatos Boulevard (Exhibit 1). The surrounding properties are residential uses. The subject property is developed with a single-family residence.

On November 11, 2022, the Town issued an Administrative Warning for a code violation at the subject property for construction of a fence exceeding height limitations within the required side yard area (Exhibit 4). This letter requested that the property owner reduce the height of the fence to no more than three feet or apply for a Fence Height Exception. Following issuance of the Administrative Warning, the property owner contacted Town Planning staff who communicated to the property owner that the new fence exceeded the maximum height allowed in the required front and street-side yard setbacks, as well as the traffic view area and corner sight triangle. Staff indicated that the Town Code offers an exception process that allows for deviation from the Town’s requirements if the appropriate findings are made by the Community Development Director.

On January 10, 2023, the applicant applied for an exception to the Town’s fence regulations (FHE-23-001) for the construction of the fence, which does not comply with the Town Code fence height regulations for fences located in the required front and street-side yard areas, as well as the traffic view area and corner sight triangle (Exhibit 5). The exception request was based on concerns related to safety and security. Planning and Engineering staff initially supported the request (Exhibit 6), finding that the open design of the fence and the width of sidewalk/planting strip mitigate the traffic and pedestrian safety concerns. Following a site visit by staff to prepare an exhibit to support granting the exception (Exhibit 7), staff noted that portions of the fence are located in the Town’s right-of-way, a fact not available during initial

ITEM NO. 12.

PAGE 3 OF 7
SUBJECT: 10 Charles Street/FHE-23-001
DATE: March 7, 2025
C:\Users\MeetingsOfficeUser11\AppData\Local\Temp\tmpE98A.tmp consideration of the exception request. In consultation with the Engineering Division, it was determined that the Town could not make the findings required for granting an exception due to the fence being located in the Town’s right-of way and the exception request was denied on March 23, 2023 (Exhibit 8).

On April 3, 2023, the decision of the Community Development director was appealed to the Planning Commission by the property owner, Firouz Pradhan (Exhibit 9). On the appeal form, the appellant indicated that they were seeking additional information and discussing the matter with the Parks and Public Works Department to seek resolution. A Letter of Justification discussing the appeal was provided to staff on March 2, 2025 (Exhibit 10).

Pursuant to the Town Code Section 29.20.255, any interested person as defined by Section

29.10.020 may appeal to the Planning Commission any decision of the Community Development Director. For residential projects, an interested person is defined as “a person or entity who owns property or resides within 1,000 feet of a property for which a decision has been rendered and can demonstrate that their property will be injured by the decision.” The property owner/appellant meets the requirements.

Pursuant to Town Code Section 29.20.265, the hearing of the appeal shall be set for the first regular meeting of the Planning Commission in which the business of the Planning Commission will permit, more than five days after the date of filing the appeal. The Planning Commission may hear the matter anew and render a new decision on the matter. In coordination with the property owner/appellant, the hearing by the Planning Commission was delayed for personal reasons until March 12, 2025.

PROJECT DESCRIPTION:

A. Location and Surrounding Neighborhood
The subject property is located at the corner of Charles Street and Los Gatos Boulevard (Exhibit 1). The surrounding properties are residential uses. The subject property is developed with a single-family residence.

B. Project Summary and Zoning Compliance
The property owner is appealing the Community Development Director decision to deny an exception to the fencing regulations for a fence partially located in the Town’s right-of way and exceeding a height of three feet located in the front and street-side yard areas, traffic view area, and corner sight triangle (Exhibits 9 and 10). Pursuant to Town Code Section

29.20.265, the Planning Commission may hear the matter anew and render a new decision on the matter.

ITEM NO. 12.

PAGE 4 OF 7
SUBJECT: 10 Charles Street/FHE-23-001
DATE: March 7, 2025
C:\Users\MeetingsOfficeUser11\AppData\Local\Temp\tmpE98A.tmp DISCUSSION:

A. Fence Height Exception
The property owner requested an exception to the fence regulations for a fence exceeding a height of three feet located in the front and street-side yard areas, traffic view area, and corner sight triangle (Exhibit 5).

Exhibit 7, prepared by staff, shows the approximate location of the fence in question, highlighting the portions that are located in the Town’s right-of-way. The total height of the wood fence is five feet, four inches tall. The fence is comprised of two sections: a solid two foot, two-inch-tall lower section with vertical wood boards; and an upper three feet, twoinch-tall section with wood lattice with five inch openings (Exhibit 5).

Per Town Code Section 29.40.0315 (a)(3), fences, walls, gates, and hedges may not exceed a height of three feet when located within a required front or side yard abutting a street, traffic view area, or corner sight triangle, unless an exception is granted by the Town Engineer and Community Development Director. This regulation is intended to minimize conflicts between pedestrians, cyclists, and cars by ensuring fences, walls, gates, and hedges do not obstruct the view from a car at an intersection of two streets. Limiting the height of fences and gates to no more than three feet in these areas allows drivers and pedestrians a view of each other while continuing to afford property owners the opportunity to define the boundaries of their property. The required front setback in the R-1D zone is 15 feet, the required street-side setback is 10 feet, and the traffic view area and corner sight triangle are dimensioned in Exhibit 11. The proposed five-foot, four-inch tall fence is set at the front property line, then turns east and enters the Town’s right-ofway, paralleling the curb along Charles Street (Exhibit 7).

Town Code Section 29.40.0320, provided below, allows an exception to any of the fence regulations if a property owner can demonstrate that one of the following conditions exist.

Sec. 29.40.0320. - Exceptions.

An exception to any of these fence regulations may be granted by the Community Development Director. A fence exception application and fee shall be filed with the Community Development Department and shall provide written justification that demonstrates one (1) of the following conditions exist:
(a) Adjacent to commercial property, perimeter fences or walls may be eight (8) feet if requested or agreed upon by a majority of the adjacent residential property owners. (b) On interior lots, side yard and rear yard fences, walls, gates, gateways, entry arbors, or hedges, behind the front yard setback, may be a maximum of eight (8) feet high provided the property owner can provide written justification that either:
(1) A special privacy concern exists that cannot be practically addressed by additional landscaping or tree screening; or

ITEM NO. 12.

PAGE 5 OF 7
SUBJECT: 10 Charles Street/FHE-23-001
DATE: March 7, 2025
C:\Users\MeetingsOfficeUser11\AppData\Local\Temp\tmpE98A.tmp (2) A special wildlife/animal problem affects the property that cannot be practically addressed through alternatives. Documented instances of wildlife grazing on gardens or ornamental landscaping may be an example of such a problem. (c) At public utility facilities, critical infrastructure, and emergency access locations, exceptions may be granted where strict enforcement of these regulations will result in a security or safety concern.
(d) A special security concern exists that cannot be practically addressed through alternatives.
(e) A special circumstance exists, including lot size or configuration, where strict enforcement of these regulations would result in undue hardship.

The property owner requested an exception based on safety and security concerns (Exhibit 5). As noted above, staff initially supported the exception request given the mitigating factors that addressed pedestrian and traffic issues; however, once the fence was determined to be in the Town’s right-of-way, staff was unable to support the exception request. The Town denied the exception request on March 23, 2023 (Exhibit 8).

B. Appeal
The decision of the Community Development Director to deny the Fence Height Exception application was appealed by the property owner on April 3, 2023 (Exhibit 9). In their Letter of Justification, the property owner reiterates their safety and security concerns, and discusses the unique characteristics of the property and goals of mitigating safety issues with the open view portion of the fence (Exhibit 10). When initially considering this justification, staff supported the requested exception. The primary reason for denial of the exception request was due to the location of the fence in the Town’s right-of-way. In their Letter of justification, the property owner indicates that a portion of the fence was inadvertently built in the Town’s right-of-way, which helped provide reasonable and fair access to approach the front yard. The property owner also noted that locating the fence within the property boundary would make exterior circulation between the front yard and the side yard impractical. Further, relocating the fence onto the property may require removal of a cluster of oak trees. Finally, the property owner offers their willingness to sign any needed agreements with the Town in order to maintain the fence in the Town’s rightof-way.

Private improvements located in Town rights-of-way can create safety and Town liability issues and are not typically permitted. When allowed, an Encroachment Permit and License Agreement are typically required through the Parks and Public Works Department.

ITEM NO. 12.

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SUBJECT: 10 Charles Street/FHE-23-001
DATE: March 7, 2025
C:\Users\MeetingsOfficeUser11\AppData\Local\Temp\tmpE98A.tmp C. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303 (e): New Construction or Conversion of Small Structures.

PUBLIC COMMENTS:

The property owner provided letters of support from two neighbors (Exhibit 10). Written notice was sent to property owners and occupants within 300 feet of the subject property. No additional public comments were received at the time of this report's preparation.

CONCLUSION:

A. Summary
The property owner is requesting that the Planning Commission grant their appeal of the Community Development Director’s decision to deny an exception to the fencing regulations, approving the exception for a fence partially located in the Town’s right-of-way and exceeding a height of three feet located in the front and street-side yard areas, traffic view area, corner sight triangle, and the Town’s right-of-way.

B. Recommendation
Staff recommends that the Planning Commission deny the appeal and uphold the Community Development Director decision to deny the requested exception due to safety and Town liability issues created with public improvements located in the Town’s right-ofway.

C. Alternatives
Alternatively, the Commission can:

1. Continue the matter to a date certain with specific direction;

2. Grant the appeal and approve the fence height exception with the findings in Exhibit 2 and the draft conditions provided in Exhibit 3; or

3. Grant the appeal with additional and/or modified conditions.

ITEM NO. 12.

PAGE 7 OF 7
SUBJECT: 10 Charles Street/FHE-23-001
DATE: March 7, 2025
C:\Users\MeetingsOfficeUser11\AppData\Local\Temp\tmpE98A.tmp EXHIBITS:

1. Location Map

2. Required Findings

3. Recommended Conditions of Approval if Appeal is Granted

4. Administrative Warning VL-22-578

5. Fence Height Exception Request – Letter of Justification

6. Email between Planning and Engineering staff

7. Annotated Site Plan Prepared by Staff

8. Fence Height Exception Denial Letter

9. Appeal of the Community Development Director Decision

10. Letter of Justification for Appeal

11. Traffic view Area Diagrams

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LOS GATOS BL

BELLA VISTA AV

CHARLES ST

WHEELER AV

HARDING AV

WHITNEY AV

YOSEMITE WY

HOLLYWOOD AV

LOS GATOS-SARATOGA RD
10 Charles Street
0 0.125 0.25
Miles
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EXHIBIT 1

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PLANNING COMMISSION – March 12, 2025
REQUIRED FINDINGS FOR:
10 Charles Street
Fence Height Exception FHE-23-001
Consider an Appeal of a Community Development Director Decision to Deny a Fence Exception Request for an Existing Fence Partially Located in the Town’s Right-of Way and Exceeding the Height Limitations within the Required Front Yard and Street-Side Yard Setbacks on Property Zoned R-1D. APN 532-36-022. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures.

Property Owner/Applicant/Appellant: Firouz Pradhan
Project Planner: Sean Mullin
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303 (e): New Construction or Conversion of Small Structures.

Required findings for granting a Fence Height Exception pursuant to Section 29.40.320 of the Town Code:
■ A special security concern exists that cannot be practically addressed through alternatives. ■ A special circumstance exists, including lot size or configuration, where strict enforcement of these regulations would result in undue hardship.

EXHIBIT 2

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PLANNING COMMISSION – March 12, 2025

CONDITIONS OF APPROVAL
10 Charles Street
Fence Height Exception FHE-23-001
Consider an Appeal of a Community Development Director Decision to Deny a Fence Exception Request for an Existing Fence Partially Located in the Town’s Right-of Way and Exceeding the Height Limitations within the Required Front Yard and Street-Side Yard Setbacks on Property Zoned R-1D. APN 532-36-022. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures.

Property Owner/Applicant/Appellant: Firouz Pradhan
Project Planner: Sean Mullin
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:

Planning Division

1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below.

2. EXPIRATION: The Fence Height Exception approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.

3. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.

Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines EXHIBIT 3

ITEM NO. 12.
appropriate, all the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.

TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:

Engineering Division

26. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT‐OF‐WAY (LICENSE AGREEMENT): The property owner shall enter into an agreement with the Town for the private improvements (fence) constructed within the Town’s right‐of‐way. The agreement shall commit the Owner to always maintaining the improvements in a good and safe condition; ensuring local vegetation around the private improvements complies with Town Code sections 23.10.080, 26.10.065, and 29.40.030; providing proof of insurance coverage for the improvements; and indemnifying the Town of Los Gatos. The agreement must be completed and accepted by the Director of Parks and Public Works and recorded by the Town Clerk at the Santa Clara County Office of the Clerk‐Recorder.

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EXHIBIT 4

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EXHIBIT 5

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ITEM NO. 12.

From: James Watson
To: Sean Mullin
Subject: RE: 10 Charles - Fence Height Exception
Date: Tuesday, January 31, 2023 1:32:22 PM
Attachments: image004.png
image010.png
Good afternoon, Sean,
Thank you for the opportunity to opine on the request for exception to the Town’s Fence Height ordinance for the property at 10 Charles Street.

Engineering supports this exception. Engineering’s support is attributed primarily to the location of the property being adjacent to the high traffic intersection of Los Gatos Boulevard and Saratoga-Los Gatos Road. Additionally, the Engineering Department recognizes the fence was designed with open lattice material to mitigate the fence’s impact on the line-of-sight between traffic on Charles Street and both pedestrian traffic on the near sidewalk of Los Gatos Boulevard and vehicular traffic on Los Gatos Boulevard. The width of the sidewalk and planter strip adjacent to Los Gatos Boulevard provides space for a driver turning onto Los Gatos Boulevard to check for traffic in both directions prior to entering the Los Gatos Boulevard roadway. Therefore, it is my opinion that the height and open design of the proposed fence does not create a safety hazard at this location.

Please let me know if you need any additional information. Thank you.

Best Wishes,
James Watson, P.E. | Interim Town Engineer
Parks and Public Works | 41 Miles Avenue, Los Gatos, CA 95030 Phone: 408.354.5236 | [email protected]
www.losgatosca.gov | https://www.facebook.com/losgatosca From: Sean Mullin <[email protected]>
Sent: Tuesday, January 31, 2023 12:13 PM
To: James Watson <[email protected]>
Subject: RE: 10 Charles - Fence Height Exception
Hi James,
Following up on our conversation about this fence…after much consideration, Planning is going to support the exception. During our conversation you mentioned that you could go either way. I was wondering if you can send me a quick email confirming that Engineering can support the exception

y,//dϲ