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.
To watch and participate via Zoom, please go to:
https://losgatosca-gov.zoom.us/j/86730363468?pwd=pfKQoh92JnbwOYwFvZqIdSSWpjxYoK.1 Enter Passcode: 577971
Council Member Rob Rennie will be participating via teleconference pursuant to Government Code Section 54953(b)(3) from a location at Via Guglielmo Marconi, 15/A, 70011 Alberobello BA, Italy. The teleconference location shall be accessible to the public and the agenda will be posted at the teleconference location 72 hours before the meeting.
CALL MEETING TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
PRESENTATIONS
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.)
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
OCTOBER 07, 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
1. Approve the Minutes of the September 16, 2025, Closed Session Town Council Meeting.
RECOMMENDATION: Approve the Minutes of the September 16, 2025, Closed Session Town Council Meeting.
2. Approve the Minutes of the September 16, 2025, Town Council Meeting.
RECOMMENDATION: Approve the Minutes of the September 16, 2025, Town Council Meeting.
3. Adopt an Ordinance of the Town Council of the Town of Los Gatos Repealing and Replacing Planned Development Ordinance 1281 Establishing Development Standards and Allowable Uses for Lots within the Planned Development Overlay Zone Relative to the Maximum Floor Area Ratio and the Maximum Lot Coverage Allowed on Lot 8 in the Vasona Oaks Subdivision at Vasona Oaks Drive on Property Zoned R-M:5-12:PD. Located at 130 Vasona Oaks Drive. APN 424-42-008. Exempt Pursuant to CEQA Guidelines, Section 15061 Review for Exemption (b)(3). Planned Development Ordinance Application PD-25-002. Applicant: Elad Batito, Green Bay Remodeling Inc. Property Owner: Ken MacDonald. Project Planner: Samina Merchant.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Repealing and Replacing Planned Development Ordinance 1281 Establishing Development Standards and Allowable Uses for Lots within the Planned Development Overlay Zone Relative to the Maximum Floor Area Ratio and the Maximum Lot Coverage Allowed on Lot 8 in the Vasona Oaks Subdivision at Vasona Oaks Drive.
RECOMMENDATION: Adopt an Ordinance of the Town Council of the Town of Los Gatos repealing and replacing Planned Development Ordinance 1281, establishing development standards and allowable uses for lots within the Planned Development Overlay Zone and the maximum floor area ratio and the maximum lot coverage allowed on Lot 8 in the Vasona Oaks subdivision at Vasona Oaks Drive.
4. Confidential Employee Group Vacation Accrual Cap Increase RECOMMENDATION: Approve the increase to the Confidential employee group vacation accrual cap maximum from 310 hours to 320 hours.
5. Authorize the Town Manager to Execute an Agreement with Kosmont Realty for Brokerage Services for the Disposition of the 4 Tait Avenue Property and Authorize Associated Budget Adjustments
RECOMMENDATION: Authorize the Town Manager to execute an agreement for services with Kosmont Realty for brokerage services for the disposition of the 4 Tait Avenue property for an amount not to exceed three percent of the property sale price; authorize a revenue budget adjustment in an amount up to the property sale price; and authorize an expenditure budget adjustment in an amount up to three percent of the property sale price.
6. Amendment to Management Salary Schedule to Establish a New Classification Title and Salary Range for an Administrative Services Director
RECOMMENDATION: Approve an amendment to the management salary schedule establish a new classification title and salary range for an Administrative Services Director.
7. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services with OpenGov, Inc., Revising the Scope of Work at No Additional Cost RECOMMENDATION: Authorize the Town Manager to execute a second amendment to the Agreement for Services with OpenGov, Inc., revising the Scope of Work at no additional cost.
8. Adopt a Resolution as Required by the California Department of Tax and Fee Administration (CDTFA), Authorizing Certain Town Representatives and a Town Contractor Access to Sales, Transactions, and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056 and Rescind the Earlier Resolution 2021-034.
RECOMMENDATION: Adopt a Resolution as Required by the California Department of Tax and Fee Administration (CDTFA), Authorizing Certain Town Representatives and a Town Contractor Access to Sales, Transactions, and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056 and Rescind the Earlier Resolution 2021-034.
9. Adopt the Revised Council Policy 2-11: Residency and Attendance Requirements and Establishing a Quorum
RECOMMENDATION: Adopt the revised Council Policy 2-11: Residency and Attendance Requirements and Establishing a Quorum.
10. Adopt a Resolution Repealing the General Plan Committee Enabling Resolution and Designating the Planning Commission to Hear Requests for General Plan and Specific Plan Amendments
RECOMMENDATION: Adopt a resolution repealing the enabling resolution that established the General Plan Committee and designate the Planning Commission to assume the duties of reviewing and making recommendations regarding General Plan and Specific Plan amendment requests.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda and is within the subject matter jurisdiction of the Town Council. The law generally prohibits the Town Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. In the event additional speakers were not heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.) PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes for closing statements.)
11. Introduce an Ordinance Amending Planned Development Ordinance 2025 to Allow Modifications to Building E; Adopt a Resolution Approving an Architecture and Site Application for Exterior Modifications to an Existing Commercial Building in the University/Edelen Historic District, and a Conditional Use Permit for Formula Retail Over 10,000 Square Feet and for a Restaurant with Alcohol Service on Property Zoned C2:LHP:PD. Located at 31 University Avenue. APN 529-02-044. Planned Development
Modification Application PD-25-001, Architecture and Site Application S-25-004, and Conditional Use Permit Application U-25-001. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities. Property Owner: SRI Old Town, LLC.
Applicant: Rick Nelson, MBH Architects. Project Planner: Erin Walters.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Planned Development Ordinance 2025 to Allow Modifications to Building E at 50 University Avenue (Old Town Center).
RECOMMENDATION: Accept the Planning Commission’s recommendation and introduce a an ordinance modifying Planned Development Ordinance 2025 to allow modifications to Building E, and adopt a Resolution approving the Architecture and Site application for exterior modifications to an existing commercial building in the University/Edelen Historic District, and the Conditional Use Permit application for formula retail over 10,000 square feet and for a restaurant with alcohol service on property zoned C-2:LHP:PD, located at 31 University Avenue.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
12. Adopt a Resolution Establishing Standard Operating Provisions for Boards, Commissions, and Committees
RECOMMENDATION: Adopt a resolution establishing standard operating provisions for Boards, Commissions, and Committees, including exhibits outlining commission-specific details.
13. Adopt A Resolution Granting Consent to the County of Santa Cruz to Establish the Santa Cruz Mountain Wine Improvement District (SCMWID) and Include the Town of Los Gatos Within the District.
RECOMMENDATION: Adopt a Resolution granting consent to the County of Santa Cruz to establish the Santa Cruz Mountain Wine Improvement District (SCMWID) and include the Town of Los Gatos within the District.
14. Adopt a Resolution to Modify Town Council Policy 1-08: “Transportation Impact Policy” RECOMMENDATION: Adopt a Resolution to Modify Town Council Policy 1-08:
“Transportation Impact Policy” to Update the Project List, Modify Charges for Affordable Housing, Allow for Charges on Accessory Dwelling Units (ADUs) in Excess of 750 Square Feet, and Adjust How Credits are Calculated.
15. Pursuant to Assembly Bill 481, renew Ordinance Approving Military Equipment Funding, Acquisition, and Use Policy and Determine that Use of Military Equipment Identified in Annual Report Complies with Standards.
RECOMMENDATION: Pursuant to Assembly Bill 481, renew Ordinance Approving Military Equipment Funding, Acquisition, and Use Policy and Determine that Use of Military Equipment Identified in Annual Report Complies with Standards.
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].
NOTE: 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/86730363468?pwd=pfKQoh92JnbwOYwFvZqIdSSWpjxYoK.1 Passcode: 577971. You can also type in 867 3036 3468 in the “Join a Meeting” page on the Zoom website at www.zoom.us and use passcode 577971. 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 1 (408) 961-3927 or 1 (855) 758-1310 for US Toll-free and use Meeting ID: 867 3036 3468. When the Mayor announces the item for which you wish to speak, press *9 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 CLOSED SESSION MINUTES
MEETING DATE: 10/07/2025
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, September 16, 2025
6:00 P.M.
The Town Council of the Town of Los Gatos conducted a special meeting in person to hold a Closed Session.
MEETING CALLED TO ORDER AT APPROXIMATELY 6:01 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.
Absent: None.
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
No one spoke.
Gabrielle Whelan, Town Attorney, announced the closed session title as listed on the agenda.
THE TOWN COUNCIL MOVED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code §54957.6) To meet with Town Negotiators listed below in closed session pursuant to Government Code §54957.6 regarding negotiations with the Employee Organizations listed below:
Town Negotiators:
Lisa Charbonneau, Liebert Cassidy Whitmore
Cheryl Parkman, Human Resources Director
Employee Organizations:
Police Officers’ Association (POA)
American Federation of State, County and Municipal Employees (AFSCME) Town Employees Association (TEA)
There was no reportable action.
ADJOURNMENT
The meeting adjourned at approximately 6:55 p.m.
Attest: Submitted by:
___________________________ __________________________
Wendy Wood, Town Clerk Chris Constantin, Town Manager
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: 10/7/2025
ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
Tuesday, September 16, 2025
The Town Council of the Town of Los Gatos conducted a regular meeting in person and via teleconference.
MEETING CALLED TO ORDER AT 7:03 P.M.
ROLL CALL
Present: Mayor Matthew Hudes, Vice Mayor Rob Moore, Council Member Mary Badame, Council Member Rob Rennie, Council Member Maria Ristow.
Absent: None.
PLEDGE OF ALLEGIANCE
Mayor Hudes invited six members of Scout Troop 2 to lead the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Marico Sayoc, representative from Supervisor Abe-Koga Office, and Brian Darrow, representative from the Office of the County Executive, County of Santa Clara, gave a presentation on the impact of federal budget cuts and the County’s response.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Minutes of the September 2, 2025, Town Council Closed Session Meeting.
2. Approve the Minutes of the September 2, 2025, Town Council Meeting.
3. Receive the Monthly Financial and Investment Report for July 2025
4. Authorize the Town Manager to Execute the First Amendment to the Agreement with the Rotary Club of Los Gatos Regarding their Donation of an “Oak Grove” at Live Oak Manor Park
5. Authorize the Town Manager to Execute an Agreement for Services with DLR Group and Make Associated Budget Adjustments
6. Authorize the Town Manager to Execute a Notice of Completion for the 2025 Annual Curb, Gutter and Sidewalk Maintenance Project (Legacy CIP No. 813-9921, New Project No. 4118120) and Authorize Staff to Record the Notice of Completion
7. Take Actions to Proceed with Executing an Agreement for Construction Services with Casey Construction, Inc. to Complete the Annual Storm Drain Improvements: Vasona Storm Drain Replacement (Phase 1) (Legacy CIP No. 25-816-0420; New Project No. 4618304, 4628305, 4638306)
8. Authorize the Town Manager to Purchase Replacement Police Department Mobile Data Computers from CDCE Incorporated for an Amount Not to Exceed $130,000.00
ITEM NO. 2.
PAGE 2 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of September 16, 2025 DATE: October 7, 2025
9. Authorize the Town Manager or Designee to Enter into a Legal Services Agreement for Fiscal Year (FY) 2025-26 with the law firm of Goldfarb & Lipman for Land Use Counsel in an Amount Not to Exceed $100,000 and Amend the Goldfarb & Lipman Agreement (Term 07/21/2022 to 6/30/ 2025) to add $1,938.73
10. Adopt an Ordinance Amending Chapter 14, “Licenses and Miscellaneous Business Regulations,” Article V, “Police Alarms,” of the Town Code to Require Alarm Permits for Residences and Render Residential False Alarms Subject to Penalties Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Article V, “Police Alarms,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of the Town Code. Ordinance 2375
Mayor Hudes opened public comment.
Member of the Public
- Commented on concerns related to item two.
Mayor Hudes closed public comment.
MOTION: Motion by Council Member Badame to approve items one through ten. Seconded by Vice Mayor Moore.
VOTE: Motion passed unanimously.
MOTION: Motion by Mayor Hudes to reschedule agenda item 14. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Susan Bassi
- Commented on concerns regarding code enforcement proceedings, alleged misconduct, and public records compliance.
Member of the Public
- Commented on various concerns.
Jeff Suzuki, Los Gatos Anti-Racism Coalition
- Commented on presentation given by the representatives of Santa Clara County and encouraged the council to endorse Measure A.
ITEM NO. 2.
PAGE 3 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of September 16, 2025 DATE: October 7, 2025
Gary Montrezza, Pathway Society
- Commented in support of Measure A and spoke about the services his organization provides.
Cristina dela Fuente
- Commented on Measure A and encouraged community members to vote in favor of the measure.
Kylie Clark
- Commented on Measure A and encouraged the council to endorse the measure.
Kathy Mattingly, Los Gatos Anti-Racism Coalition
- Commented on the impacts of cuts and reductions.
Alison Brunner
- Commented on Measure A and encouraged the council to endorse the measure.
Linda Swenberg
- Commented on high-level emergency needs and noted that Measure A is a general use sales tax
James Na
- Commented on concerns with e-bike safety, and proposed recommendations to help remedy the issue.
PUBLIC HEARING
11. Consider a Request for Approval to Modify Planned Development Ordinance 1281 to Increase the Maximum Floor Area Ratio (FAR) and Lot Coverage for Property Zoned RM:5-12:PD. Located at 130 Vasona Oaks Drive. APN 424-42-008. Exempt Pursuant to CEQA Guidelines, Section 15061 Review for Exemption (b)(3). Planned Development Amendment Application PD-25-002. Applicant: Elad Batito, Green Bay Remodeling Inc.
Property Owner: Ken MacDonald. Project Planner: Samina Merchant. Ordinance Title:
An Ordinance of the Town Council of the Town of Los Gatos Repealing and Replacing Planned Development Ordinance 1281 Establishing Development Standards and Allowable Uses for Lots within the Planned Development Overlay Zone Relative to the Maximum Floor Area Ratio and the Maximum Lot Coverage Allowed on Lot 8 in the Vasona Oaks Subdivision at Vasona Oaks Drive.
Samina Merchant, Associate Planner, presented the staff report.
Mayor Hudes opened public comment.
SuLing, the architect from SLC Design, gave a brief presentation.
ITEM NO. 2.
PAGE 4 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of September 16, 2025 DATE: October 7, 2025
Mayor Hudes closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Badame to accept the Planning Commission’s recommendation and introduce a new ordinance repealing and replacing Planned Development Ordinance 1281 to increase the maximum floor area ratio (FAR) and lot coverage for property zoned R-M:5-12:PD, located at 130 Vasona Oaks Drive.
Seconded by Council Member Ristow
VOTE: Motion passed unanimously
OTHER BUSINESS
12. Authorize the Town Manager to Execute a Fourth Amendment with HdL Companies for Business License Discovery and Compliance Audit Services, Sales and Use Tax Management and Audit Services, and Transient Occupancy Tax (TOT) Audit Services with a Total Contract Not to Exceed of $451,500 plus CPI; and Approve a Resolution Granting a Waiver of Business License Late Fee Penalties for Businesses Undergoing the Business License Discovery and Compliance Audit Process. Resolution 2025-049 Gitta Ungvari, Finance Director, presented the staff report.
Mayor Hudes opened public comment.
Nadine Swenberg
- Commented on concerns with the proposed amendment, accessibility of business license information and fees on the website, and contractor incentives.
Mayor Hudes closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Ristow to authorize the Town Manager to execute a Fourth Amendment with HdL Companies for business license discovery and compliance audit services, sales and use tax management and audit services, and transient occupancy tax (TOT) audit services with a total contract not to exceed of $451,500 plus CPI; and approve a resolution granting a waiver of business license late fee penalties for businesses undergoing the business license discovery and compliance audit process. AMENDMENT: to verify that accuracy and update the website, ensuring all links are working prior to initiation of the audit. Seconded by Council Member Rennie.
ITEM NO. 2.
PAGE 5 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of September 16, 2025 DATE: October 7, 2025
ALTERNATE MOTION: Motion by Council Member Badame to have a continuance, to get an explanation of the shortfall and assurance that website is ready to move forward.
Seconded by Mayor Hudes.
VOTE: Alternate Motion failed by a 2-3 vote. Vice Mayor Moore, Council Member Rennie, and Council Member Ristow voted no.
VOTE: Original Motion passed by a 3-2 vote. Mayor Hudes and Council Member Badame voted no.
Mayor Hudes called a recess at 9:23 p.m.
Mayor Hudes reconvened the meeting at 9:37 p.m.
13. Wildfire and Emergency Management Initiatives Update and Adopt the Updated Emergency Operations Plan Resolution 2025-050
Chris Todd, Emergency Manager, presented the staff report.
Council discussed the item.
Mayor Hudes opened public comment.
Rob Stump
- Commented on the three initiatives, evacuation planning, outdoor warning system, and vegetation management.
Peter Hertan
- Commented in support of the wildfire audible alert system.
Rhonda Raider
- Commented on Firewise program, hardening homes, and defensible space.
Linda Swenberg
- Commented on concerned with conflicting ordinances, tree replacements, and funding for these initiatives.
Mayor Hudes closed public comment.
Council discussed the item further.
MOTION: Motion by Council Member Ristow to adopt a resolution approving the updated Emergency Operations Plan (EOP) as outlined in the report. Seconded by Vice Mayor Moore.
ITEM NO. 2.
PAGE 6 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of September 16, 2025 DATE: October 7, 2025
VOTE: Motion passed unanimously.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Rennie had nothing to report.
- Vice Mayor Moore stated he attended the West Valley Community College Universal Food ribbon cutting, a Youth Commission meeting, an event at Beyond Text, the Finance Commission meeting, and the West Valley Sanitation District meeting.
Vice Mayor Moore discussed the proposal provided for E-Bike and E-Motorcycle Safety related to education, registration, legislation, and enforcement. Three members of the Council expressed interest in having this topic discussed further at a future meeting.
MOTION: Motion by Vice Mayor Moore to instruct staff to do some level of work on addressing e-bike and e-motorcycle safety in the Town of Los Gatos and come back to the Town Council with a report within two months. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously.
- Council Member Ristow stated she met with Eden and Grovner regarding North Forty Phase II; attended West Valley College new campus dining, the Silicon Valley Clean Energy Board of Directors meeting, the Valley Transportation Authority (VTA) Policy Advisory Committee meeting, the Oktoberfest event, and the Chamber of Commerce update meeting. - Council Member Badame stated she attended the West Valley Storm Water Authority Board meeting, the West Valley Solid Waste Management Authority Board meeting, and the Taste of Los Gatos.
- Mayor Hudes stated he participated in the District 5 Mayors' call with Supervisor Margaret Abe-Koga, the Taste of Los Gatos, the Octoberfest event, the Community Center leadership meeting, the Finance Commission meeting, met with a real estate group, meeting with Los Gatos Chamber Commerce, and Cities Association Board of Directors meeting.
Town Manager Matters
- Spoke about West Valley College programs.
Closed Session Report
- Gabrielle Whelan, Town Attorney, stated that the Town Council met in closed session to conduct a conference with its labor negotiators pursuant to Government Code section §54957.6, and there is no reportable action.
ADJOURNMENT
The meeting adjourned at 11:24 p.m.
ITEM NO. 2.
PAGE 7 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of September 16, 2025 DATE: October 7, 2025
Respectfully Submitted:
_____________________________________
Keara Johnson, Deputy Town Clerk
ITEM NO. 2.
PREPARED BY: Samina Merchant
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/07/2025
ITEM NO: 3
DATE: October 2, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt an Ordinance of the Town Council of the Town of Los Gatos Repealing and Replacing Planned Development Ordinance 1281 Establishing Development Standards and Allowable Uses for Lots within the Planned Development Overlay Zone Relative to the Maximum Floor Area Ratio and the Maximum Lot Coverage Allowed on Lot 8 in the Vasona Oaks Subdivision at Vasona Oaks Drive on Property Zoned R-M:5-12:PD. Located at 130 Vasona Oaks Drive. APN 424-42-008. Exempt Pursuant to CEQA Guidelines, Section 15061 Review for Exemption (b)(3). Planned Development Ordinance Application PD-25-002. Applicant: Elad Batito, Green Bay Remodeling Inc. Property Owner: Ken MacDonald. Project Planner: Samina Merchant.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Repealing and Replacing Planned Development Ordinance 1281 Establishing Development Standards and Allowable Uses for Lots within the Planned Development Overlay Zone Relative to the Maximum Floor Area Ratio and the Maximum Lot Coverage Allowed on Lot 8 in the Vasona Oaks Subdivision at Vasona Oaks Drive.
RECOMMENDATION: Adopt an Ordinance of the Town Council of the Town of Los Gatos repealing and replacing Planned Development Ordinance 1281, establishing development standards and allowable uses for lots within the Planned Development Overlay Zone and the maximum floor area ratio and the maximum lot coverage allowed on Lot 8 in the Vasona Oaks subdivision at Vasona Oaks Drive.
ITEM NO. 3.
PAGE 2 OF 2
SUBJECT: 130 Vasona Oaks Drive/PD-25-002
DATE: October 02, 2025
FISCAL IMPACT:
There is no fiscal impact associated with this action. Repealing and replacing a Planned Development Ordinance does not in itself result in an impact on the Town’s budget.
STRATEGIC PRIORITY:
There is no strategic priority associated with the item.
DISCUSSION:
At the regular meeting of September 16, 2025, the Town Council held a public hearing to consider the introduction of an Ordinance repealing and replacing Planned Development Ordinance 1281, establishing development standards and allowable uses for lots within the Planned Development Overlay Zone and the maximum floor area ratio and the maximum lot coverage allowed on Lot 8 in the Vasona Oaks subdivision at Vasona Oaks Drive. The Town Council voted unanimously to approve the introduction of the ordinance.
This ordinance (Attachment 1) is returning to the Town Council for final adoption. The Ordinance will take effect 30 days after its adoption.
COORDINATION:
This memorandum has been prepared in coordination with the Building Division, Parks and Public Works Department, Santa Clara County Fire Department, and the Town Attorney’s Office.
ENVIRONMENTAL ASSESSMENT:
This Project is Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061 (b)(3), in that it can be seen with certainty that there is no possibility that the proposed amendment to the PD Ordinance will have a significant effect on the environment. The application proposes minor amendments to performance standards regarding the allowable Floor Area Ratio and lot coverage for developed property.
ATTACHMENT:
1. Draft Planned Development Ordinance
ITEM NO. 3.
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING AND REPLACING PLANNED DEVELOPMENT ORDINANCE 1281 ESTABLISHING
DEVELOPMENT STANDARDS AND ALLOWABLE USES FOR LOTS WITHIN THE
PLANNED DEVELOPMENT OVERLAY ZONE AND THE
MAXIMUM FLOOR AREA RATIO AND THE MAXIMUM LOT COVERAGE ALLOWED ON LOT 8 IN THE VASONA OAKS SUBDIVISION
AT VASONA OAKS DRIVE.
WHEREAS, the applicant, Elad Batito of Green Bay Remodeling Inc., proposes to modify Planned Development Ordinance 1281 to allow an increase in floor area ratio and lot coverage beyond the limits authorized by Ordinance 1281 for the property located at 130 Vasona Oaks Drive (Lot 8 in the Vasona Oaks Subdivision); and
WHEREAS, the performance standards of the original Planned Development Ordinance will remain in effect for all lots within this Planned Development Overlay Zone, except where allowed or modified by Performance Standard #9 below for Lot 8; and WHEREAS, on August 13, 2025, the Planning Commission held a public hearing and received the staff report and applicant’s presentation on the proposed project. After discussing the matter, the Planning Commission voted unanimously to recommend approval of the project to the Town Council; and
WHEREAS, this matter came before the Town Council for public hearing on September 16, 2025, and was regularly noticed in conformance with State and Town law; and WHEREAS, the Town Council held a public hearing; received the staff report and the applicant’s presentation on the proposed project; and considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on September 16, 2025. After discussing the matter, the Town Council voted unanimously to introduce the Ordinance; and WHEREAS, the Town Council finds that the requested amendments are compatible with the surrounding neighborhood and consistent with the goals and policies of the General Plan; and WHEREAS, the Town Council approves Planned Development application PD-25-002 to repeal and replace Planned Development Ordinance 1281 adopting the “Development Plan for Lot 8” for the property, clarifying development standards, allowable uses, and performance standards for this Planned Development Zone as well as standards specific to Lot 8 within the Vasona Oaks ATTACHMENT 1
ITEM NO. 3.
Subdivision.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I. Legislative Findings.
A. With regard to CEQA, the request to modify Planned Development Ordinance 1281 is not subject to the California Environmental Quality Act, because it can be seen with certainty that it will not impact the physical environment. (CEQA Guidelines Section 15061(b)(3).) B. With regard to required compliance with the Town Code, as required by Section 29.80.095 of the Town Code for granting a Planned Development Overlay Zone, the proposed amendment:
1. Is consistent with Chapter 29, Article VIII, Division 2 of the Town Code in that it meets the purpose and intent of a Planned Development Overlay Zone;
2. Conforms with the goals, policies, and applicable land use designations and standards of the Town’s General Plan, including but not limited to Policy LU-6.8;
3. Conforms with all other applicable provisions of the Town Code, including Town Council– adopted guidelines, except as otherwise modified through the Planned Development process; and
4. Includes development standards or uses that deviate from the underlying zoning in a way that results in innovative site planning and provides public benefit through maximized open space.
C. With regard to required consistency with the Town’s General Plan, the amendment to the Planned Development Overlay is consistent with the General Plan and its Elements, including but not limited to Policy LU-6.8; and that the amendment to the Planned Development Overlay zoning is consistent with the existing General Plan designation.
SECTION II. Planned Development Overlay Zone.
The zoning of the property shown on the map which is attached hereto as Exhibit A and is a part of this ordinance will remain R-M:5-12:PD (Multiple Family Residential, 5-12 dwelling units per net acre – Planned Development), but the performance standards will be amended as set forth below.
ITEM NO. 3.
SECTION III. Uses and Improvements Authorized.
The PD (Planned Development) Zone established by this Ordinance authorizes development on the above-described real property of 17 single family detached dwellings, landscaping, parking, and other Improvements shown and required on the “Official Development Plan” on file with the Town Clerk and Planning Department. Permitted uses for the project are specified by Chapter 29, Article IV, Division 6 of the Zoning Ordinance (as this section exists at the time of the adoption of this Ordinance or as amended in the future), and on Page 1 of the developer's "Official Development Plan.” All other uses as listed in Section 29.40.615 of the Zoning Ordinance are conditional uses and require issuance of a Conditional Use Permit.
SECTION IV. Minor Residential Development Approval Required.
Prior to the issuance of any permits in compliance with the “Official Development Plan” and the “Development Plan for Lot 8” hereby approved, Minor Residential Development approval is required.
SECTION V. Official Development Plan.
The "Official Development Plan” for the Planned Development established by this Ordinance consists of this Ordinance and the following listed plans (approved stamped, December 1, 1975) and the “Development Plan for Lot 8,” which are on file in the Office of the Town Clerk and the Community Development Department.
1. Sheet No. 1: Site plan, illustrating: 17 detached single-family residences, garages, 17 open off-street parking stalls, landscaping areas, balconies and decks, and vehicular access and circulation.
2. Sheet No. 2: Section through the property showing the slope, and units on either side of the proposed street.
3. Sheet No. 3: Block elevation of all units facing the University Avenue street scene.
4. Sheets 4, 5, and 6: Typical building elevations of both uphill and downhill structures.
5. Development Plan for Lot 8, included as Exhibit 9 of the August 13, 2025, Planning Commission Staff Report.
ITEM NO. 3.
SECTION VI. Performance Standards.
In addition to the foregoing plans, the following performance standards are part of the “Official Development Plan:”
1. That the conditions, covenants, and restrictions be submitted for approval in conjunction with the tentative subdivision map and the Precise Development Plan.
2. That the setbacks and building separations shown on the “Official Development Plan” be considered as minimum in preparation of the Precise Development Plan.
3. That all paved areas be separated from landscaped areas with a 6” high concrete curb.
4. That the applicant guarantee by contract and bond the installation of street improvements as follows:
University Avenue: Widen approximately 12 feet to provide left-turn storage at the Intersection with the new street. Install new concrete curb and gutter and street lighting.
New Street: Install curb and gutter, pavement (24' curb to curb), street lighting, storm drainage and sanitary sewer.
5. Dedication of right-of-way along University Avenue, as required, to a line 10 feet behind the new face of curb.
6. Dedication of the interior street and cul-de-sac bulb. The interior street shall be 24 feet (curb to curb) within a 26-foot minimum right-of-way.
7. That the garages shall be located less than 10 feet or more than 20 feet from the curb line.
8. That a soils engineering report be provided to establish the stability of the existing slope bank, and shall recommend grading procedures and protective measures for the project. This report shall be to the satisfaction of the Town Engineer.
9. Lot 8 will be subject to the performance standard set forth above. However, the “Official Development Plan” shall be deemed to include development plans specific to Lot 8 reflecting modifications to a single-family residence located at 130 Vasona Oaks Drive (APN: 424-42- 008) included as Exhibit 9 of the August 13, 2025, Planning Commission Staff Report. These Lot 8 modifications include the enclosure of an existing second-story deck to create an enclosed 231-square foot sunroom, expansion of the second floor living area by 91 square feet, and creation of 92 square feet of additional living area on the third floor. As a result of these modifications on Lot 8, the maximum floor area ratio (FAR) will increase from 1.01 to
1.22, and lot coverage will increase from 66 percent to 73.40 percent. The modified plans for Lot 8 are on file in the Office of the Town Clerk and Planning Department and shall be subject to the same standards and conditions as the original approved Precise Development Plan with the exception of FAR and lot coverage as outlined above.
ITEM NO. 3.
SECTION VII. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Ordinance and shall not affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses, or phrases in this Ordinance might be declared unconstitutional, preempted, or otherwise invalid.
SECTION VIII. Publication.
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
ITEM NO. 3.
SECTION IX. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 16th day of September 2025, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the 7th day of October 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
ITEM NO. 3.
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Intentionally
Left Blank
ITEM NO. 3.
UNIVERSITY AV
BERSANO LN
VASONA TE
VASONA OAKS DR
TOWN OF LOS GATOS
Application No.
Change of zoning map amending the Town Zoning Ordinance.
Zone Change
Prezoning
From: R-M:5-12:PD To: R-M:5-12:PD
PD-25-002 A.P.N. # 424-42-008
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator:
Date:
Mayor:
Date: August 13, 2025
Ord:
§
Santa Clara
County
Town of
Los Gatos
EXHIBIT A
ITEM NO. 3.
This Page
Intentionally
Left Blank
ITEM NO. 3.
PREPARED BY: Cheryl Parkman
Human Resources 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: 10/07/2025
ITEM NO: 4
DATE: October 7, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Confidential Employee Group Vacation Accrual Cap Increase RECOMMENDATION: Approve the increase to the Confidential employee group vacation accrual cap maximum from 310 hours to 320 hours.
FISCAL IMPACT:
There is a negligible financial impact from this change to increase the vacation accrual cap by 10 hours for each of the 13 employees in the Confidential employee group. Financial impacts for the increased vacation accrual cap would only occur if an employee separates or retires from Town service at the new 320 vacation accrual cap and is paid for their unused hours. Currently, there are two employees who are at the current vacation accrual cap. Should they decide to separate or retire with the full 320 hours of vacation to be paid out at their current rate of pay, the additional cost would be $1,200.43. An increased cost to the Town would only be in rare circumstances where an employee would be at the revised cap and decide to separate or retire otherwise, it could be a loss of productivity for the additional leave hours taken by a Confidential employee.
STRATEGIC PRIORITY:
This item does not have an impact on the Town’s strategic priorities.
BACKGROUND:
Employees designated as Confidential employees are those who are privy to the decisions of Town management affecting employer-employee relations. Based upon this designation in Town Resolution 1974-41, Confidential employees are unrepresented and at-will.
ITEM NO. 4.
PAGE 2 OF 2
SUBJECT: Confidential Employee Group Vacation Accrual Cap Increase DATE: October 7, 2025
DISCUSSION:
When benefit changes are made for TEA employees through successor MOU negotiations, the process has been to change the benefits for Confidential employees through the Council approval process. The vacation accrual cap was increased for employees represented by TEA from 310 to 320 in the 2024-2027 successor Memorandum of Understanding (MOU).
The change to the vacation accrual cap for Confidential employees was not approved by Council with the Confidential employee group salary increases and staff is recommending it now to better align benefits.
Confidential employee group benefits are approved to aligned with TEA because there is a direct promotional pipeline between TEA and Confidential positions, and it can cause administrative issues when an employee receives less benefits when moving classifications between the two employee groups.
CONCLUSION:
The Town recommends that the Council approve the vacation accrual cap increase from 310 to 320 hours.
COORDINATION:
This memorandum was coordinated with the Town Attorney’s Office and the Finance Department.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ATTACHMENT:
1. Benefits by Employee Group revised effective October 7, 2025
ITEM NO. 4.
AFSCME Police Officers'
Association
Town Employees'
Association Confidential Management Town Attorney Town Manager Town Council Temporary/ Hourly
Compensation
Memorandum of Understanding 7/1/24-6/30/27 4/1/24- 6/30/27 7/1/24-6/30/27 At-Will At-Will At-Will At-Will Elected At-Will Salary Increases
7/7/24: 4%
7/1/25: 4%
7/1/26: 4%
Effective payperiod
containing 4/1/24: 6.5%
7/1/25: 5%
7/1/26: 4%
7/7/24: 5%
7/1/25: 3%
7/1/26: 3%
7/7/24: 5%
7/1/25: 3%
7/1/26: 3%
7/7/24: 5%
7/1/25: 3%
7/1/26: 3%
Refer to
Employment
Agreement
Refer to
Employment
Agreement
N/A
7/7/24: 5%
7/1/25: 3%
7/1/26: 3%
Monthly Stipend N/A N/A N/A N/A N/A N/A N/A $570 N/A
Premium Pay
Special Assignment N/A 5% N/A N/A N/A N/A N/A N/A N/A
Intermediate POST Certificate N/A 5% N/A N/A N/A N/A N/A N/A N/A Intermediate & Advanced POST Certificate N/A 7.5% Total N/A N/A N/A N/A N/A N/A N/A Advance POST Certificate N/A N/A Communications
Dispatcher - 5% N/A N/A N/A N/A N/A N/A
Canine Pay N/A 5% N/A N/A N/A N/A N/A N/A N/A
Bilingual Pay N/A 2.5% 2.5% 2.5% N/A N/A N/A N/A N/A
Four-Year Degree Incentive Pay N/A 2.5% N/A N/A N/A N/A N/A N/A N/A Field Training Officer N/A 5%
Communications
Dispatcher - 5% N/A N/A N/A N/A N/A N/A
Acting Sergeant N/A Step 4 of Sergeant Range N/A N/A N/A N/A N/A N/A N/A Street Sweeper $5/hour N/A N/A N/A N/A N/A N/A N/A N/A
Class A Driver License $30/month N/A N/A N/A N/A N/A N/A N/A N/A Class A or B Driver License Plus Tanker
Endorsement $75/month N/A N/A N/A N/A N/A N/A N/A N/A
Bereavement Leave 40 Hours 40 Hours 40 Hours 40 Hours 40 Hours 40 Hours 40 Hours N/A N/A Comp Time Accrual Caps 80 Hours 140 Hours 60 Hours, 100 Hours for Dispatchers 60 Hours N/A N/A N/A N/A N/A
Comp Time Cash Out At Separation 2x a year, 40 hours max and at separation
1x a year, 40 hours max
and at separation
2x a year, 40 hours max
and at separation N/A N/A N/A N/A N/A
Town of Los Gatos
2025 Benefits by Association Groups (Effective 01/01/25) Leaves
Attachment 1
ITEM NO. 4.
AFSCME Police Officers'
Association
Town Employees'
Association Confidential Management Town Attorney Town Manager Town Council Temporary/ Hourly
Town of Los Gatos
2025 Benefits by Association Groups (Effective 01/01/25) Holiday In-Lieu Compensation N/A 4.40%
4.6% (Communications
Dispatchers & Park
Services Officers)
N/A N/A N/A N/A N/A N/A
Holidays 11 Days N/A 11 Days 11 Days 11 Days 11 Days 11 Days N/A N/A Jury Duty N/A N/A
Management Leave N/A N/A N/A N/A As authorized by Town
Manager
40 Hours 40 Hours N/A N/A
Personal Leave 24 Hours 24 Hours 24 Hours / 48 Hours for Exempt Employees 24 Hours 48 Hours 40 Hours 48 Hours N/A N/A Sick Leave Accrual N/A 5 Days/40 Hours
Sick Leave Accrual Caps 1200 Hours 1180 Hours 1000 Hours 1000 Hours 1100 Hours 1100 Hours 1100 Hours N/A 40 Hours Sick Leave Cash Out
Available at separation
contingent on hire date.
Cash out amount based
on years of service and
minimum balance.
Available twice per year
and at separation
contingent on hire date.
Cash out amount based
on years of service and
minimum balance.
Available once per year
and at separation
contingent on hire date.
Cash out amount based
on years of service and
minimum balance.
Available twice per year
and at separation
contingent on hire date.
Cash out amount based
on years of service and
minimum balance.
Available twice per year
and at separation
contingent on hire date.
Cash out amount based
on years of service and
minimum balance.
Available twice per year
and at separation
contingent on hire date.
Cash out amount based
on years of service and
minimum balance.
Available twice per year
and at separation
contingent on hire date.
Cash out amount based
on years of service and
minimum balance.
N/A N/A
Sick Leave Conversion Plan Eligible if hired prior to
7/1/07
Eligible if hired before
1/01/09
Eligible if hired before
11/15/04
Eligible if hired before
11/15/04
Eligible if hired before
11/15/04 N/A N/A N/A N/A
Vacation Accrual Caps 320 Hours 344 Hours 320 Hours 320 hours 500 Hours 500 Hours 500 Hours N/A N/A 0 to 36 months 10 Days = 80 hrs 10 Days = 80 hrs 10 Days = 80 hrs 10 Days = 80 hrs N/A N/A 37 to 60 months 16 Days = 128 hrs 15 Days = 120 hrs 16 Days = 128 hrs 16 Days = 128 hrs N/A N/A 61 to 120 months 21 Days = 168 hrs 20 Days = 160 hrs 21 Days = 168 hrs 21 Days = 168 hrs 20 Days = 160 hrs 20 Days = 160 hrs 20 Days = 160 hrs N/A N/A 121 to 180 months 23 Days = 184 hrs 23 Days = 184 hrs 23 Days = 184 hrs 23 Days = 184 hrs 23 Days = 184 hrs 23 Days = 184 hrs 23 Days = 184 hrs N/A N/A 181 months and over 25 Days = 200 hrs 25 Days = 200 hrs 25 Days = 200 hrs 25 Days = 200 hrs 25 Days = 200 hrs 25 Days = 200 hrs 25 Days = 200 hrs N/A N/A Vacation Cash out
At separation (accrued
balance) and once per
year up to 80 hours
At separation (accrued
balance) and twice per
year, up to 160 hours
cumulatively
At separation (accrued
balance) and once per
year, up to 160 hours
cumulatively
At separation (accrued
balance) and twice per
year, up to 160 hours
cumulatively
At separation (accrued
balance) and twice per
year, up to 200 hours
cumulatively
At separation (accrued
balance) and twice per
year, up to accrued
balance
At separation (accrued
balance) and twice per
year, up to accrued
balance
N/A N/A
12 Days/96 Hours Per Calendar Year
0 to 60 months
15 Days = 120 hrs
0 to 60 months
15 Days = 120 hrs
0 to 60 months
15 Days = 120 hrs
Salary Continued
ITEM NO. 4.
AFSCME Police Officers'
Association
Town Employees'
Association Confidential Management Town Attorney Town Manager Town Council Temporary/ Hourly
Town of Los Gatos
2025 Benefits by Association Groups (Effective 01/01/25) Benefits
Employee Assistance Program
(Concern) N/A N/A
Flexible Spending Accounts
(American Fidelity) N/A N/A
Cash-In-Lieu of Health Insurance
(monthly amounts based on hire date) $420 After 1/1/06: $400 Before 1/1/06: $922
After 11/15/04: $400
Before 11/15/04: $800
After 11/15/04: $400
Before 11/15/04: $800
After 11/15/04: $400
Before 11/15/04: $950 $400 $400 N/A N/A
CalPERS Medical Vision Service Plan
$1,112.90 $10.64
$2,225.80 $4.61
$2,893.54 $16.80
Hired before 7/1/18 Hired before 10/1/18 Hired before 8/22/18 Hired before 10/1/18 Hired before 10/1/18 Hired before 10/1/18 Hired before 10/1/18 Elected before 10/1/18 MissionSquare Deferred
Compensation 2025 IRS Limits N/A N/A
American Fidelity Optional Insurance
Policies (Employee Paid 100%) N/A N/A
Tuition Reimbursement $3,000 per Fiscal Year
Up to SJSU semester cost
(2 semesters per fiscal
year)
$3,000 per Fiscal Year $3,000 per Fiscal Year $3,000 per Fiscal Year N/A N/A N/A N/A All employees and elected officials who do not meet the above retiree medical contribution eligibility criteria will receive the PEMHCA minimum contribution to medical as required by CalPERS.
Life, Accident, Cancer, and Critical Illness Insurance. Refer to the 2025 Employee Benefits Guide for more information.
Maximum Town Monthly Contribution N/A
$2,247.16
$343.08
$651.85
Retiree Medical
$960.62
Employee Plus 1 Dependent:
Employee Plus 2 or More Dependents:
$23,500 Normal Contribution Limit for age 49 and under | $31,000 Catch-Up Limit for age 50 (by December 31, 2025) and older.
Dependent Care Account
Contribution Maximum: $2,500 (single tax payer)
Maximum Contribution: $5,000 (married couples filing jointly) Health Care Account
Contribution Maximum: $3,200
(Carryover Maximum: $640)
Up to 8 counseling sessions per issue per year and work/life referral services. Refer to the 2025 Employee Benefits Guide for more information.
Health Insurance
Town Monthly Contribution
Employee Plus 2 or More Dependents:
Employee Plus 1 Dependent:
Employee Only: N/A
Delta Dental PPO
Town Pays $111.17. Employee Pays $15.00 for
Employee Only or Employee Plus Dependents
DeltaCare USA Dental HMO
Town Pays $42.43. Employee Pays $0.00 for
Employee Only or Employee Plus Dependents
Basic Plan
Employee Only: $1,112.90
Medicare Supplement
$2,114.51
ITEM NO. 4.
AFSCME Police Officers'
Association
Town Employees'
Association Confidential Management Town Attorney Town Manager Town Council Temporary/ Hourly
Town of Los Gatos
2025 Benefits by Association Groups (Effective 01/01/25) Uniform Allowance Town provided plus $350
safety shoe allowance $1,380
$500 Park Services
Officer; $400 Community
Service Officer and
Parking Control Officer
N/A N/A N/A N/A N/A N/A
CalPERS Retirement
Retirement Formula 2.5% @ 55 3% @ 50 2.5% @ 55 2.5% @ 55 2.5% @ 55 Non-Sworn 3% @ 50 Sworn 2.5% @ 55 2.5% @ 55 2.5% @ 55 N/A
Final Compensation Period N/A
Employee Contribution 8% 12% 8% 8% 8% Non-Sworn
9% Sworn 8% 8% 0% N/A
1959 Survivor Benefits Level 4 - $500. Employee contributes $0.93 bi-weekly. N/A Classic Members Tier 1: Employees hired with reciprocity or CalPERS membership prior to 1/1/13 without a break in CalPERS service of six months or more or hired and enrolled in CalPERS membership prior to 9/15/12.
Single Highest Year
ITEM NO. 4.
AFSCME Police Officers'
Association
Town Employees'
Association Confidential Management Town Attorney Town Manager Town Council Temporary/ Hourly
Town of Los Gatos
2025 Benefits by Association Groups (Effective 01/01/25) Retirement Formula 2% @ 60 2% @ 60 2% @ 60 2% @ 60 Non-Sworn 2% @ 60 2% @ 60 2% @ 60 N/A Final Compensation Period 3-Year Highest Average N/A
Employee Contribution 7% N/A
1959 Survivor Benefits
Level 4 - $500. Employee
contributes $0.93 biweekly.N/A
PEPRA Pension Act:
Retirement Formula 2% @ 62 2.7% @ 57 2% @ 62 2% @ 62 2% @ 62 Non-Sworn
2.7% @ 57 Sworn 2% @ 62 2% @ 62 2% @ 62 N/A
Final Compensation Period N/A
Employee Contribution 7.75% 14.50% 7.75% 7.75% 7.75% Non- Sworn
14.50% Sworn 7.75% 7.75% 7.75% N/A
1959 Survivor Benefits N/A
7%
Level 4 - $500. Employee contributes $0.93 bi-weekly.
Level 4 - $500. Employee contributes $0.93 bi-weekly.
Classic Members Tier 2: Employees hired and enrolled after 9/15/12 with reciprocity or membership prior to 1/1/13 without a break in CalPERS service of six months or more.
Employees hired on or after 1/1/13 who are new members of CalPERS or had a break in CalPERS service of six months or more 3-Year Highest Average
Tier 2 does not apply to 3-Year Highest Average
POA or Sworn
Management
ITEM NO. 4.
PREPARED BY: Katy Nomura
Assistant Town 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: 10/07/2025
ITEM NO: 5
DATE: October 7, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement with Kosmont Realty for Brokerage Services for the Disposition of the 4 Tait Avenue Property and Authorize Associated Budget Adjustments
RECOMMENDATION: Authorize the Town Manager to execute an agreement for services (Attachment 1) with Kosmont Realty for brokerage services for the disposition of the 4 Tait Avenue property for an amount not to exceed three percent of the property sale price; authorize a revenue budget adjustment in an amount up to the property sale price; and authorize an expenditure budget adjustment in an amount up to three percent of the property sale price.
FISCAL IMPACT:
The proposed brokerage agreement includes a 3% commission for Kosmont Realty upon sale of the Property with a minimum commission requirement of $40,000. Due to the complexity of the property, the agreement includes preliminary due diligence for up to $5,000, which will be reimbursed as a credit on the commission upon sale of the property. During the last appraisal in 2024, the property was appraised at approximately $3 million. As an example, to show the order of magnitude, assuming a sale price of $3 million, this would result in a commission cost of $90,000; however, the actual commission will be based off of the actual sale price. The revenue from the sale will fund the commission.
STRATEGIC PRIORITY:
The sale of the 4 Tait Avenue property supports the strategic priority of prudent financial management.
ITEM NO. 5.
PAGE 2 OF 3
SUBJECT: 4 Tait Broker Agreement with Kosmont Realty
DATE: October 7, 2025
BACKGROUND:
The Town owns real property located at 4 Tait Avenue (Assessor’s Parcel No. 510-44-054), which is improved with a building of approximately 2,525 square feet and an ancillary outbuilding originally constructed as a fire station and later used as a museum. The museum use was discontinued several years ago. The building and outbuilding are currently unoccupied.
The Town is exploring the disposition of the property.
The State Surplus Land Act, which is codified in Government Code Sections 54220 (hereinafter referred to as the “Act”), applies when a local agency disposes of land that is surplus and not necessary for the agency’s use. The Act requires local agencies to declare land as “surplus land” or “exempt surplus land” prior to disposition. Land that is less than ½ acre or 21,780 square feet and not adjacent to land owned by a state or local agency used for open space or low and moderate-income housing is exempt from provisions of the Act.
On January 21, 2025, the Town Council adopted a resolution declaring Town-owned property at 4 Tait Avenue to be exempt surplus land pursuant to the state Surplus Land Act [Government Code Section 54221(f)(1)(B)] and authorizing the Town Manager to pursue disposal of the property. The Town has received HCD’s approval of the resolution declaring the property exempt surplus land.
DISCUSSION:
Due to the historic nature of the 4 Tait Avenue property (Property), there is additional complexity involved. Kosmont Realty has extensive experience working with public agencies to provide such broad services, including Surplus Land Act compliance, asset valuation and strategy, real estate transactions/brokerage services, and economic development/municipal advisement, among other services. In addition, Kosmont has significant experience with conservation easements and handling historic property sales where maintaining the historic nature of the property is a priority. For these reasons, staff recommends contracting with Kosmont on a single source basis to manage the disposition of the Property through a brokerage agreement, where they will receive a three percent commission. Due to the complexity of the property, the agreement includes preliminary due diligence for up to $5,000, which will be reimbursed as a credit on the commission upon sale of the Property.
CONCLUSION:
Staff recommends contracting with Kosmont Realty to manage the disposition of the Property through a brokerage agreement.
ITEM NO. 5.
PAGE 3 OF 3
SUBJECT: 4 Tait Broker Agreement with Kosmont Realty
DATE: October 7, 2025
ENVIRONMENTAL ASSESSMENT:
In accordance with CEQA Guidelines Section 15378, entry into the brokerage agreement is exempt from the California Environmental Quality Act (“CEQA”) because it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
1. Draft Brokerage Agreement
ITEM NO. 5.
Kosmont Realty
Mailing Address: 1601 N. Sepulveda Blvd., #382 (424) 297-1076 Physical Address: 2301 Rosecrans Ave., Ste. 4140 Manhattan Beach, CA 90266 www.kosmontrealty.com El Segundo, CA 90245 90245 September 25, 2025
Katy Nomura
Assistant Town Manager
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Re: Proposal Real Estate Brokerage Services
Dear Ms. Nomura:
Kosmont Real Estate Services (“KRES”) dba Kosmont Realty, a licensed California brokerage firm (Department of Real Estate License #02058445), (“KR” or “Consultant”), is pleased to present this proposal to the Town of Los Gatos (“Client” or “Owner”) for real estate brokerage services.
This proposal serves as an agreement (“Agreement”) when executed and returned by Client to KR.
I. BACKGROUND AND OBJECTIVE
Client is requesting assistance with the sale and disposition of certain Town owned property, particularly 4 Tait Avenue (APN 510-44-054).
KR is a duly licensed brokerage services firm by the California Department of Real Estate and its insurance coverage is premised on compliance with State licensing regulations. KR and Client can enter into a brokerage arrangement and implement HCD compliance and the sale of properties, as appropriate.
KR proposes the following Scope of Services accordingly.
II. SCOPE OF SERVICES
Approach to Scope of Services: The prospective assignment and consulting services that KR will provide will be of a relatively limited scope and duration, and advisory in nature. KR will be making recommendations only, which advise the Client, including its elected officials, appointed officials and staff, which they can accept or reject. None of KR's staff will act in a capacity as an elected official, nor appointed official, nor as staff, nor as serving in a "designated" position.
ATTACHMENT 1
ITEM NO. 5.
Kosmont Realty 2 | P a g e
(424) 297-1076
www.kosmontrealty.com
Task 1: Preliminary Due Diligence
KR will conduct initial pre-sale/disposition property due diligence to identify existing market conditions and constraints affecting the potential marketability, sale, and development (e.g., zoning, adjacent uses, site configuration, known environmental condition) of the Property and evaluate and identify the preferred approach for the Property. There may be certain aspects of the disposition strategy that require specialized expertise for which City may need to separately retain, such as applicability and implementation of conservation easement tax benefits to a prospective buyer.
Task 2: Real Estate Brokerage Services
In compliance with the statutory and procedural disposition requirements of the California SLA and pursuant to Department of Real Estate (DRE) licensing requirements, Owner and KR may enter into or authorize a direct, indirect and/or a cooperative broker relationship with other private sector and/or brokerages/brokers, as desired by Owner and mutually agreed upon to leverage KR’s collective expertise/resources, market knowledge, and transaction based relationships to successfully sell the properties, while enabling and assisting brokerage activity by any and all brokers/brokerage service firms involved in the SLA exposure and disposition process, to maintain compliance with the sale regulations set forth by the SLA.
As such, KR can be flexibly engaged, as directed by Owner and mutually agreed upon, to perform brokerage tasks/assignments with and independent of other brokerages services firms retained by Owner or private sector entities, in soliciting, selecting, and negotiating with a preferred buyer(s)/developer(s) to effectuate the sale of the properties. These brokerage activities could include structuring presentations and negotiations with the California Department of Housing and Community Development (HCD) to achieve notice of determination(s) and related sale procedural approvals, negotiation of purchase agreement documentation; coordination of escrow, title, and ultimate sale; and other transaction-based activities as may be required to close the transaction (as mutually agreed upon between KR and Owner).
Compensation may include a share of commissions and/or fees as may be applicable and agreed upon.
As properties are identified by the City, KR will represent the owner in the sale of these properties.
III. SCHEDULE AND REQUIRED DATA
Consultant is prepared to commence work upon receipt of executed Agreement. Client will provide KR with appropriate existing property data including appraisals, market data, and/or other relevant data deemed appropriate by KR.
IV. COMPENSATION
Compensation for Task 1 is estimated at $5,000 for professional services (hourly) fees at Consultant’s billing rates as shown on Attachment A. Compensation for Task 2 Real Estate Brokerage Services is detailed in the Exclusive Authorization to Sell Agreement (see Attachment A). If a transaction closes and KR’s commission is greater than the minimum commission, as available, the amount paid for Task 1 due diligence can be credited against the commission owed in excess of the minimum commission.
ITEM NO. 5.
Kosmont Realty 3 | P a g e
(424) 297-1076
www.kosmontrealty.com
For the convenience of Kosmont’s clients, we offer a secure credit card payment service. The credit card payment link is: https://kosmont.paidyet.com and there are two ways to make a secure credit card payment:
1. Fill in the “Make a Payment” form when you go to the link (https://kosmont.paidyet.com), or
2. Call Kosmont Companies’ accounting desk (424) 297-1072 to make a credit card payment KR is prepared to commence work upon receipt of executed Agreement.
V. OTHER PROVISIONS
A. Termination. Client or Consultant shall have the right to terminate this Agreement at any time upon written notification to the other party. Payment for fees accrued through the date of termination shall be remitted in full.
B. Mediation. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw.
No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. The party determined to be the prevailing party will be entitled to reimbursement of all cost.
C. Attorneys' Fees. In the event of any legal action, arbitration, or proceeding arising out of an alleged breach of this Agreement, the party prevailing in such legal action, arbitration, or proceeding shall be entitled to recover reasonable attorneys' fees, expenses and costs, as well as all actual attorneys' fees, expenses and cost incurred in enforcing any judgment entered.
D. Authority. Each of the parties executing this Agreement warrants that persons duly authorized to bind each such party to its terms execute this Agreement.
E. Further Actions. The parties agree to execute such additional documents and take such further actions as may be necessary to carry out the provisions and intent of this Agreement.
F. Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party without the prior written consent of the other party.
ITEM NO. 5.
Kosmont Realty 4 | P a g e
(424) 297-1076
www.kosmontrealty.com
G. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
H. Entire Agreement; Amendments and Waivers. This Agreement contains the entire agreement between the parties relating to the transactions contemplated hereby and any and all prior discussions, negotiations, commitments and understanding, whether written or oral, related hereto are superseded hereby. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing signed by both parties. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver of such provisions unless otherwise expressly provided. Each party to this Agreement has participated in its drafting and, therefore, ambiguities in this Agreement will not be construed against any party to this Agreement.
I. Severability. If any term or provision of this Agreement shall be deemed invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and in force to the fullest extent permitted by law.
J. Notices. All notices, requests, demands and other communications which may be required under this Agreement shall be in writing and shall be deemed to have been received when transmitted; if personally delivered, if transmitted by telecopier, electronic or digital transmission method, upon transmission; if sent by next day delivery to a domestic address by a recognized overnight delivery service (e.g., Federal Express), the day after it is sent; and if sent by certified or registered mail, return receipt requested, upon receipt. In each case, notice shall be sent to the principal place of business of the respective party. Either party may change its address by giving written notice thereof to the other in accordance with the provisions of this paragraph.
K. Titles and Captions. Titles and captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision herein.
L. Governing Law. The statutory, administrative and judicial law of the State of California (without reference to choice of law provisions of California law) shall govern the execution and performance of this Agreement.
M. Venue. In the event that suit shall be brought by any Party to this agreement, the parties agree that the venue shall be exclusively vested in the state courts of the County of Santa Clara.
N. Counterparts. This Agreement may be executed in one or more counterparts, each of which constitutes an original, and all of which together constitute one and the same instrument. The signature of any person on a telecopy of this Agreement, or any notice, action or consent taken pursuant to this Agreement shall have the same full force and effect as such person's original signature.
ITEM NO. 5.
Kosmont Realty 5 | P a g e
(424) 297-1076
www.kosmontrealty.com
O. Disclaimer. Consultant’s financial analysis activities and work product, which may include but is not limited to pro forma analysis and tax projections, are projections only. Actual results may differ materially from those expressed in the analysis performed by Consultant due to the integrity of data received, market conditions, economic events and conditions, and a variety of factors that could materially affect the data and conclusions. Client’s reliance on Consultant’s analysis must consider the foregoing.
Consultant services outlined and described herein are advisory services only. Any decisions or actions taken or not taken by Client and affiliates, are deemed to be based on Client’s understanding and by execution of this Agreement, acknowledgement that Consultant’s services are advisory only and as such, cannot be relied on as to the results, performance and conclusions of any investment or project that Client may or may not undertake as related to the services provided including any verbal or written communications by and between the Client and Consultant.
Client acknowledges that Consultant's use of work product is limited to the purposes contemplated within this Agreement. Consultant makes no representation of the work product's application to, or suitability for use in, circumstances not contemplated by the scope of work under this Agreement.
P. Limitation of Damages. In the event Consultant is found liable for any violation of duty, whether in tort or in contract, damages shall be limited to the amount Consultant has received from Client.
Q. Force Majeure. Consultant shall not be liable for failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by significant circumstances beyond its reasonable control, including, without limitation: epidemic; acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; riots; wide-spread power failures and wide-spread internet failure. Contractual performance and deadline(s) shall be extended for a period equal to the time lost by reason of the delay.
R. Expiration of Proposal for Services. If this Agreement is not fully executed by the parties within thirty (30) days from the date of this letter, this proposal shall expire.
S. Not an agreement for Legal Services or Legal Advice. This Agreement does not constitute an agreement for the performance of legal services or the provision of legal advice, or legal opinion. Client should seek independent legal counsel on matters for which Client is seeking legal advice. [ signature page follows ]
ITEM NO. 5.
Kosmont Realty 6 | P a g e
(424) 297-1076
www.kosmontrealty.com
VI. ACCEPTANCE AND AUTHORIZATION
If this Agreement is acceptable to Client, please execute two copies of the Agreement and return both originals to Kosmont Realty. Upon receipt of both signed contracts, we will return one fully executed original for your files. Kosmont will commence work upon receipt of executed Agreement.
Read, understood, and agreed to this
____ Day of _______________ 2025
Town of Los Gatos Kosmont Real Estate Services
doing business as “Kosmont Realty”
By: _________________________ By: _________________________ (Signature) (Signature)
Name: Name: Larry J. Kosmont, CRE®
(Print Name)
Its: Its: President
(Title)
ITEM NO. 5.
Kosmont Realty 7 | P a g e
(424) 297-1076
www.kosmontrealty.com
ATTACHMENT A
SAMPLE EXCLUSIVE AUTHORIZATION TO SELL AGREEMENT
The Exclusive Authorization to Sell incorporates, by reference, the following attached documents:
Exhibit A: Schedule of Commissions
The Town of Los Gatos (“Owner” or “Seller”) hereby grants to Kosmont Real Estate Services, doing business as Kosmont Realty (“Broker”) the exclusive right to sell certain property owned by the Owner and identified in the list below (“Properties”) for a period commencing on _________________ and ending at midnight on ______________________.
The price and terms of the sale shall be as follows:
In consideration of this Authorization and Broker’s agreement to diligently pursue the procurement of a purchaser for the Properties, or a purchaser and lessees for the Properties, Owner agrees to pay Broker a commission as set forth in the attached Schedule of Commissions, which is made a part of this Agreement.
Owner shall pay said commission to Broker if: (a) the Properties or any interest therein is sold, transferred or conveyed by or through a Broker, Owner or any other party prior to the expiration of this Authorization or any extension hereof; or (b) a purchaser is procured by or through Broker, Owner or any other party who is ready, willing and able to purchase the Properties or any interest therein on terms reasonably acceptable to Owner prior to the expiration of this Authorization or any extension hereof; or (c) any contract for the sale, transfer or conveyance of the Properties or any interest therein is made directly by Owner prior to the expiration of this Authorization or any extension hereof; or (d) the Properties are withdrawn from sale without the written consent of Broker or made unmarketable by Owner’s voluntary act during the term of this Authorization or any extension hereof; or (e) within one hundred eighty (180) days after the expiration of this Authorization or any extension hereof, the Properties or any interest therein is sold, transferred, or conveyed to any person or entity with whom Broker has negotiated or to whom Broker has exposed or shown the Properties prior to such expiration in an effort to effect a transaction provided that such buyer, person or entity to whom Broker has negotiated with or has shown the Properties has been clearly and expressly identified in writing on such list which Broker shall have mailed to Owner at the address below stated within thirty (30) days following such expiration.
If during the terms of this authorization or any extension hereof an escrow is opened or negotiations involving the sale, transfer, or conveyance of the Properties has commenced and is continuing, then the term of this Authorization shall be extended for a period through the closing of such escrow, the termination of such negotiations or the consummation of such transaction, provided this authorization would otherwise have expired during such period.
Owner agrees that Broker shall be included as a party to any escrow opened for the sale of the Properties and the terms of said escrow shall provide that Broker shall have the right to request the escrow holder
ITEM NO. 5.
Kosmont Realty 8 | P a g e
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to make payment to Broker in the amount of Broker’s commission as set forth on the Schedule of Commissions attached hereto from any sale proceeds and/or deposits held in escrow.
Owner agrees to cooperate with Broker in effecting a sale of the Properties and immediately to refer to Broker all inquiries of any party interested in the Properties. All negotiations are to be through Broker.
Owner agrees to pay all customary escrow, title and revenue charges and to execute such documents as may be necessary to affect a sale of the Properties. Broker is authorized to accept a deposit from any prospective purchaser. Broker is further authorized to advertise the Properties and shall have the exclusive right to place a sign or signs on the Properties if, in Broker’s opinion, such would facilitate the sale or leasing thereof.
It is understood that it is illegal for either Owner or Broker to refuse to present, sell to any person because of race, color, religion, national origin, sex, marital status or physical disability.
Owner warrants that it is the owner of record of the Properties or has the legal authority to execute this Authorization. Owner agrees to hold Broker harmless from any liability or damages arising from any incorrect information supplied by Owner or any information which Owner fails to supply. Owner acknowledges receipt of a copy of this Authorization and the attached Schedule of Commissions, which Owner has read and understands.
DISPUTE RESOLUTION.
Broker and Owner agree to attempt to resolve any claim or controversy by submission to nonbinding mediation. Mediation shall be commenced by providing the opposing party with a written notice of the dispute or claim within 30 days of the event giving rise to the dispute or claim or within 30 days after discovery of the conditions giving rise to the dispute or claim, whichever is later. The written notice to the other party shall summarize the basis of the dispute or claim and describe the relief sought. Within 15 calendar days thereafter, if the parties have not reached a mutually satisfactory resolution, the disputing party shall have 15 additional calendar days to submit the dispute to non-binding mediation at the offices of Judicial Arbitration & Mediation Services, Inc. (JAMS) in the county where the Property is located. The parties may agree on a retired judge from the JAMS panel as a mediator. If the parties are unable to agree, JAMS will provide a list of three (3) available judges and each party may strike one. The remaining judge will serve as the mediator. Within 15 calendar days of commencement of mediation, each party agrees to produce any and all documents relied upon to prove or defend their claims. The assessment of the mediator shall be an appealable result, but only if the appealing party files a court action within 30 days after the mediator’s assessment is rendered. Each party shall bear its own costs of mediation including its own attorneys’ fees and related costs, and each party shall pay an equal share of the costs of the mediator’s fees and expenses.
By signing below, Seller and Buyer acknowledge that they have read, understand, accept and have received a copy of this Agreement.
ITEM NO. 5.
Kosmont Realty 9 | P a g e
(424) 297-1076
www.kosmontrealty.com
Owner:
Town of Los Gatos
Broker:
Kosmont Real Estate Services, a
California corporation
CA DRE #: 02058445
Signature:
___________________________
Signature:
___________________________
Print Name:
___________________________
Print Name:
Larry J. Kosmont
Date:
___________________________
Date:
___________________________
Address: Address:
1601 N. Sepulveda Blvd., #382
Manhattan Beach, CA 90266
Telephone:
___________________________
Telephone:
(424) 297-1070__________________
ITEM NO. 5.
Kosmont Realty 10 | P a g e
(424) 297-1076
www.kosmontrealty.com
EXHIBIT A
SCHEDULE OF COMMISSIONS (for Brokerage Services)
Kosmont Real Estate Services, doing business as Kosmont Realty (“Broker”) is hereby employed as the agent for the Town of Los Gatos (“Owner” or “Seller”) in connection with the:
Sale Lease Sublease Other
of that certain property owned by the Owner and referred to by Owner as:
(hereinafter referred to as “Properties”)
Owner agrees to pay Broker, in consideration for their brokerage services relative to the above referenced Properties, a commission computed as follows:
A. SALES, EXCHANGES, AND OTHER TRANSFERS
1. KR's share of the commission when KR serves as the listing or selling broker (representing the seller or buyer, respectively) is as follows:
Real Property:
• 3.00% of the gross sales price (or independently appraised value of the parcel, whichever is greater) for transactions less than $5,000,000; • 2.50% of the gross sales price (or independently appraised value of the parcel, whichever is greater) for transactions equal to or greater than $5,000,000, and less than $10,000,000;
• 2.00% of the gross sales price (or independently appraised value of the parcel, whichever is greater) for transactions equal to or greater than $10,000,000, and less than $25,000,000;
• 1.5% of the gross sales price (or independently appraised value of the parcel, whichever is greater) for transactions equal to or greater than $25,000,000, and less than $35,000,000;
• 1.00% of the gross sales price (or independently appraised value of the parcel, whichever is greater) for transactions equal to or greater than $35,000,000.
2. Commission structure above would serve as a minimum commission amount as mutually agreed upon between Client and KR. If there is another participating broker representing the other party in a given transaction, that broker's commission would be in addition to the amounts above (typically, though not always an amount equal to the percentages listed above).
3. For long-term ground leases (generally in excess of 50 years) the commission amount shall be based on the independently appraised value of the property being conveyed.
ITEM NO. 5.
Kosmont Realty 11 | P a g e
(424) 297-1076
www.kosmontrealty.com
4. Minimum Commissions: In either or any transaction scenario, Kosmont will receive a minimum commission of $40,000.
5. Due Diligence Credit: If a transaction closes and KR’s commission is greater than the minimum commission, as available, the amount paid for Task 1 due diligence can be credited against the commission owed in excess of the minimum commission. (For example: if KR’s commission is $43,000, Client can receive a Task 1 due diligence credit of up to $3,000; if KR’s commission is $48,000 for the transaction, Client can receive a Task 1 due diligence credit of up to $5,000.)
6. Commissions shall be paid through escrow upon the closing of sales and exchange transactions; absent an escrow; commissions shall be paid upon recordation of a deed or upon delivery of such deed or other conveyance if recordation is deferred more than one month thereafter. In the event of a contract or agreement of sales, joint venture agreement, business opportunity or other transaction not involving the delivery of a deed, commissions shall be paid upon execution and delivery of the instrument of conveyance or establishment of the entitlement of ownership.
Miscellaneous:
The provisions hereof are subject, however, to the terms and provisions of any Exclusive Authorization to Sell to which this Schedule may be attached, and which is executed by the parties hereto.
The parties hereto intend for this Exclusive Authorization to Sell and Schedule of Commissions to satisfy the requirements of the Civil Code, Business and Professions Code, and regulatory requirements relative to verifying Broker’s authority to act on behalf of Owner and Owner’s obligation to pay Broker commissions therefore, in accordance herewith.
In the event Owner fails to make payments within the time limits called for herein, then from the date due until paid the delinquent payment shall bear interest at the rate of 10% per annum.
ITEM NO. 5.
Kosmont Realty 12 | P a g e
(424) 297-1076
www.kosmontrealty.com
By signing below, Owner and Broker acknowledge that they have read, understand, accept and have received a copy of this Agreement.
Owner:
Town of Los Gatos
Broker:
Kosmont Real Estate Services, a
California corporation
CA DRE #: 02058445
Signature:
___________________________
Signature:
___________________________
Print Name:
___________________________
Print Name:
Larry J. Kosmont
Date:
___________________________
Date:
___________________________
Address: Address:
1601 N. Sepulveda Blvd., #382
Manhattan Beach, CA 90266
Telephone:
___________________________
Telephone:
(424) 297-1070__________________
ITEM NO. 5.
PREPARED BY: Cheryl Parkman
Human Resources 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: 10/07/2025
ITEM NO: 6
DATE: October 7, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Amendment to Management Salary Schedule to Establish a New Classification Title and Salary Range for an Administrative Services Director RECOMMENDATION: Approve an amendment to the management salary schedule (Attachment 1) to establish a new classification title and salary range for an Administrative Services Director.
FISCAL IMPACT:
The new salary schedule for the Administrative Services Director is not anticipated to have any immediate fiscal impact on the Town’s budget. Staff anticipates hiring an Administrative Services Director for a similar salary that would be within the range of the current Finance Director. If an additional budget adjustment is needed to attract a qualified individual, staff would return to the Town Council.
STRATEGIC PRIORITY:
The amendment to the Management salary schedule to establish the Administrative Services Director classification supports the strategic priority of prudent financial management.
BACKGROUND:
The Town of Los Gatos Personnel Rules and Regulations (Section 4.4) and the Municipal Code (Section 2.30.925) require that amendments and revisions to the salary schedule/classification plan are effective upon approval by the Town Council. Changes must be presented to Council for approval as part of the formal budget adoption, through the labor negotiations process, or as needed.
ITEM NO. 6.
PAGE 2 OF 2
SUBJECT: Amendment to Management Salary Schedule to Establish a New Classification Title and Salary Range
DATE: October 7, 2025
DISCUSSION:
Staff proposes adding the new classification of Administrative Services Director to the current Management salary schedule. The proposed salary range for the classification is $204,030 - $275,441. This places the salary of the Administrative Services Director classification 5% higher than other civilian Director positions of larger departments. This position will have primary responsibility as the Finance Director and will also have executive oversight of the Information Technology and Human Resources departments.
This recommendation is based on an assessment of the Town’s strategic priorities with a focus on ensuring that the Town is under prudent financial management and will improve the span of control related to key internal strategic support functions. This change will increase the Town’s ability to attract and retain competitive candidates while maintaining the option to remain cost neutral.
CONCLUSION:
Staff is requesting approval of an amendment to the salary schedule/classification plan to establish a new classification title and salary range for the Administrative Services Director.
COORDINATION:
This memo has been coordinated with the Town Attorney and the Finance Director.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ATTACHMENTS:
1. Town of Los Gatos Salary Schedule for Management Classifications effective October 7, 2025, with the proposed change.
ITEM NO. 6.
Town of Los Gatos Town Council and Management Classifications Salary Schedule for Fiscal Year 2025/26
Effective October 7, 2025
Class
Code Classification Title Annual Salary Minimum
Annual
Salary
Maximum
TBD Administrative Services Director $ 204,030 $ 275,441 2803 Assistant Director $ 173,040 $ 233,604
2110 Assistant Town Manager $ 208,663 $ 281,694
2420 Chief Building Official $ 151,804 $ 204,935
2400 Community Development Director $ 194,315 $ 262,325 2180 Community Outreach Coordinator $ 104,815 $ 141,500 2209 Deputy Town Manager $ 159,650 $ 215,528
2130 Economic Vitality Manager $ 144,487 $ 195,058
2315 Finance and Accounting Manager $ 151,804 $ 204,935 2310 Finance and Budget Manager $ 151,804 $ 204,935
2300 Director* $ 189,581 $ 255,934
2900 Information Technology Manager $ 151,804 $ 204,935 2820 Division Manager ** $ 151,803 $ 204,935
2600 Parks & Public Works Director $ 194,315 $ 262,325
2645 Parks & Public Works Operations Manager $ 130,899 $ 176,714 2630 Parks & Public Works Superintendent $ 151,804 $ 204,935 2412 Planning Manager $ 151,804 $ 204,935
2510 Police Captain $ 185,701 $ 250,697
2500 Police Chief $ 214,067 $ 288,991
2545 Police Records & Communication Manager $ 140,963 $ 190,300 2140 Senior Administrative Analyst $ 112,873 $ 152,379
2650 Senior Civil Engineer $ 144,487 $ 195,058
2000
Town Attorney - Council Appointed (Effective
11/24/24) $ 279,807
2190 Town Clerk $ 151,804 $ 204,935
2615 Town Engineer $ 167,562 $ 226,208
2655 Transportation & Mobility Manager $ 184,758
2905 Urban Forest Manager $ 130,899 $ 176,714
1000
Town Council (Effective 1/1/19 Pursuant to Ordinance
Adopted by Town Council on 2/6/18)
* The HR, Finance and Library Director positions have been included in this classification. ** The Library Division Manager position has been included in this classification Management salaries reflect a spread of 35% to the top of the range.
Reflects a General Increase of 3% (5% for 2500; and 5% for 2510) $570 Stipend per month, for a
total compensation of $6,840 per
Management 3% Page 1 of 1 Page 49 ATTACHMENT 1
ITEM NO. 6.
PREPARED BY: Kinjal Buch
Senior Engineering Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/07/2025
ITEM NO: 7
DATE: October 7, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services with OpenGov, Inc., Revising the Scope of Work at No Additional Cost
RECOMMENDATION: Authorize the Town Manager to execute a second amendment to the Agreement for Services with OpenGov, Inc., revising the Scope of Work at no additional cost.
FISCAL IMPACT:
This action has no fiscal impact. The amendment reallocates resources between tasks within existing appropriations in the Adopted 2025-26 Operating Budget for Parks and Public Works Administration Program (5101-63332) and Information Technology (2501-63332).
STRATEGIC PRIORITY:
This action is not associated with a strategic priority; however, it supports the Town’s core goal of Fiscal Stability. Town Staff is working with OpenGov software to create more efficient and streamlined processes for bidding and contract management.
BACKGROUND:
On November 21, 2023, the Town Council approved the purchase and implementation of OpenGov’s Procurement Suite. Parks and Public Works proposed this implementation to achieve efficiency and consistency regarding procurement and contract management. The system provides centralized document management with automatic reminders and the ability to track spending, insurance, and change requests. PPW has been using OpenGov software for more than 20 years for work order and asset management, and the addition of the
ITEM NO. 7.
PAGE 2 OF 2
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services with OpenGov, Inc.
DATE: October 7, 2025
procurement suite ensures continuity among vendors. This agreement expired on December 29, 2024.
On November 19, 2024, the Town Council approved a new agreement with OpenGov Inc. that brought the Enterprise Asset Management and Procurement modules under one contract effective December 30, 2024, through December 29, 2025, for a total agreement amount of $66,355.59 with four one-year options thereafter (pending budget appropriation and extension of the agreement).
On May 20, 2025, the Town Council approved the First Amendment to the Agreement for Services with OpenGov, Inc. for a Request Management and eSignature Add-On to support the existing enterprise asset management and procurement system services in an amount of $11,448.72 for a total agreement amount not to exceed $77,804.31.
DISCUSSION:
The First Amendment added Request Management and e-signature functionality to the Procurement module of OpenGov. This was done to allow the software system to be used across all Town departments. During the implementation process, staff found limited need for Request Management for most departments. After further analysis, staff recommends redirecting the resources previously allocated for Request Management to OpenGov’s Expert Services package through the remainder of the contract duration, December 29, 2025. Expert Services will provide support required for department-based customization of Solicitation and Contract Templates and training for staff at all departments to accelerate the implementation of the OpenGov Procurement module for all departments.
CONCLUSION:
Execution of this amendment will accelerate implementation of the full Procurement module across all departments, reducing risk in contract administration.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Original Agreement for Services – OpenGov
2. First Amendment to Agreement for Services - OpenGov with Exhibit A and Exhibit B
3. Second Amendment to Agreement for Services - OpenGov with Exhibit C
ITEM NO. 7.
Agreement for Services
OpenGov, Inc.
AGREEMENT FOR SERVICES
PREAMBLE
THIS AGREEMENT is dated for identification on this 19th day of November 2024 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and OpenGov, Inc. (“Service Provider”), identified as a C Corporation and whose address is 660 3rd Street, Suite 100, San Francisco CA 94107. This Agreement is made with reference to the following facts.
I. RECITALS
Town sought quotations for the services described in this Agreement, and Service Provider was found to be the lowest responsible supplier for this purchase.
Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
Town desires to engage Service Provider to provide new contract for Enterprise Asset Management program (Cartegraph) services and Procurement Suite services provided by OpenGov, Inc.
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. AGREEMENTS
2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal Order Form for the period of December 30, 2024 through December 29, 2025 sent to the Town on September 6, 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 December 30, 2024 through December 29, 2025, with four one-year options to extend the agreement.
2.4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
2.5 Intentionally Omitted.
2.6 Compensation: Compensation for services for the dates December 30, 2024 to December 29, 2025 are in the amount not to exceed $ $66,355.59, inclusive of all costs. All invoice amounts, including exercised option years (pending budget appropriation and extension of the agreement). Including option years, shall be invoiced in the amounts further described in the applicable Order Form (“Exhibit A”).
Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60 ATTACHMENT 1
ITEM NO. 7.
Agreement for Services
OpenGov, Inc.
2.7 Billing. Billing shall be annually by invoice within thirty (30) days of the execution of this Agreement.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
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, which shall not be unreasonably withheld.
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 Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60
ITEM NO. 7.
Agreement for Services
OpenGov, Inc.
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.
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 in 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, Cyber Liability insurance for limits no less than $2,000,000 per occurrence or claim, and $4,000,000 in the aggregate.
Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant in this contract.
The policy(ies) shall include coverage for claims involving security breach, business interruption, cyber extortion, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, and damage to or destruction of electronic information.
The policy(ies) shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
iii. Service Provider agrees to have and maintain, for the duration of the contract, Technology Errors and Omissions Liability insurance in an amount of $2,000,000 per occurrence or claim, and $4,000,000 in the aggregate sufficient to Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60
ITEM NO. 7.
Agreement for Services
OpenGov, Inc.
insure Consultant for technological errors or omissions in the performance of the particular scope of work under this contract.
iv. 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.
3.2 General Liability:
i. The Town, its elected and appointed officials, employees, and agents are to be covered as additional insureds as respects: commercial general liability policy to cover liability arising out of activities performed by or on behalf of 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 with respect to this contract. Any insurance or self-insurances maintained by the Town, its officers, officials, or employees shall be excess of the Service Provider's insurance and shall not contribute with it.
iii. Intentionally Omitted.
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.
3.3 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 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.
3.4 Workers’ Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.
3.5 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, and employees (“Indemnitees") from all third party claims for damages, liabilities, penalties, costs, or expenses (including attorneys’ fees) in law or equity that may at any time arise or be set up because of damages to Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60
ITEM NO. 7.
Agreement for Services
OpenGov, Inc.
property or personal injury received by reason of a material breach of this Agreement or in the course of performing work which may be occasioned by a grossly negligent act or omissions of the Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor. Service Provider’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such damages or liabilities are caused by the sole or active negligence or willful misconduct of Indemnitees.
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. If either party materially breaches any term of this Agreement and fails to cure such breach within 30 days after receiving written notice by the non-breaching party (10 days in the case of non-payment), the non-breaching party may terminate this Agreement.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
OpenGov, Inc.
660 3rd Street, Suite 100
San Francisco CA 94107
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60
ITEM NO. 7.
Agreement for Services
OpenGov, Inc.
attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and 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.
4.9 Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
4.10 Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
4.11 Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
4.12 Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.
Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60
ITEM NO. 7.
Agreement for Services
OpenGov, Inc.
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.
Town of Los Gatos by:
________________________________________
Chris Constantin, Town Manager
OpenGov, Inc. by:
________________________________________
Sam Kramer, SVP of Finance
Recommended by:
________________________________________
Nicolle Burnham,
Director of Parks and Public Works
Approved as to Form:
________________________________________
Gabrielle Whelan, Town Attorney
Attest:
________________________________________
Wendy Wood, CMC, Town Clerk
Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60 11/27/2024
12/2/2024
12/4/2024
12/6/2024
12/6/2024
ITEM NO. 7.
OpenGov Inc.
660 3rd Street, Suite 100
San Francisco, CA 94107
United States
OG-00CA2521
4/12/2024 Marguerite Kuntz
7/30/2024 [email protected]
7/31/2024 Prorated + 12 Months
12/29/2025
Town of Los Gatos, CA Kinjal Buch
110 E. Main St
Los Gatos, California 95030
United States
[email protected]
Annually in Advance
Net Thirty (30) Days
Product / Service Start Date End Date Annual Fee
Orange Advantage 7/31/2024 12/29/2024 $2,916.67
Orange Advantage 7/31/2024 12/29/2024
OMS Plus, OMS User (25 Users), Internal Requests, Asset Condition Manager and Adv Inspections, Automation Manager, Facilities Domain, Parks & Recreation Domain, Signal Domain, Stormwater Domain, Transportation Domain, Walkability Domain, Systems Integration Support, Orange Advantage 12/30/2024 12/29/2025 $48,600.01
OpenGov Procurement 12/30/2024 12/29/2025 $17,755.58
See Service Terms
July 31, 2024 $0.00
December 30, 2024 $66,355.59
December 30, 2025 $68,371.07
December 30, 2026 $73,157.04
December 30, 2027 $76,814.89
December 30, 2028 $80,655.63
"This Order Form incorporates the OpenGov Master Services Agreement (""MSA"") attached here or available at https://opengov.com/terms-of-service/master-services-agreement/.
The ""Agreement"" between OpenGov and the entity identified above (""Customer"") consists of the Order Form, MSA, and, if Professional Services are purchased, the Statement of Work.
Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, 30 days from receipt of the invoice.
By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the Agreement to the exclusion of all other terms.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Order Form Number:
Created On: Prepared By:
Order Form Expiration: Email:
Subscription Start Date: Contract Term:
Subscription End Date:
Customer: Contact Name:
Bill To/Ship To: Email:
Billing Frequency:
Payment Terms:
SOFTWARE SERVICES:
Annual Subscription Total:
Serivce Terms
Service Date: Amount:
Town of Los Gatos, CA OpenGov, Inc.
Customer Information
Order Details
Order Form Legal Terms
PRORATED TO ALIGN TO 12/30/2024
ONE TIME CREDIT FOR PRORATED PERIOD ($2,916.67)
(Prorated to Align to 12/30/2024 + One Time Credit for Prorated Period) (Annual Software Fee)
(Optional Auto Renewal Term 1)
(Optional Auto Renewal Term 2)
(Optional Auto Renewal Term 3)
(Optional Auto Renewal Term 4)
Exhibit A
Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60
ITEM NO. 7.
First Amendment to Agreement for Services
OpenGov, Inc.
FIRST AMENDMENT TO AGREEMENT
PREAMBLE
This First Amendment to Agreement for Services is dated for identification on this 15th day of April 2025, and amends that certain Agreement for Services dated November 19, 2024, made by and between the Town of Los Gatos, ("Town,") and the OpenGov, Inc. (“Service Provider”) identified as an C Corporation and whose address is 660 3rd Street, Suite 100 San Francisco CA 94107.
I. RECITALS
A. Town and Consultant entered into Agreement for Services Agreement on November 19, 2024, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Agreement.
B. Town desires to amend the Agreement to add to the scope of services and to increase the compensation of the Agreement.
II. AMENDMENT
1. 2.1 Scope of Services is amended to add the following:
Service Provider shall provide services as described in that certain Proposal dated May 2, 2025, which is hereby incorporated by reference and attached as Exhibit B.
2. 2.6 Compensation is to be replaced in its entirety with the following:
Compensation for services for the dates December 30, 2024 to December 29, 2025 shall be the original agreement amount of $66,355.59, increased by $11,448.72 for an agreement amount not to exceed $77,804.31. All invoice amounts, including exercised option years (pending budget appropriation and extension of the agreement) shall be invoiced in the amounts further described in the applicable Order Form (“Exhibit A and B”).
3. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 2
ITEM NO. 7.
First Amendment to Agreement for Services
OpenGov, Inc.
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
Town of Los Gatos by:
________________________________________
Chris Constantin, Town Manager
OpenGov, Inc. by:
________________________________________
Joe Lane, Sr. Director, Finance & Strategy
Recommended by:
________________________________________
Nicolle Burnham,
Director of Parks and Public Works
Approved as to Form:
________________________________________
Gabrielle Whelan, Town Attorney
Attest:
________________________________________
Wendy Wood, CMC, Town Clerk
ITEM NO. 7.
Agreement for Services
OpenGov, Inc.
AGREEMENT FOR SERVICES
PREAMBLE
THIS AGREEMENT is dated for identification on this 19th day of November 2024 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and OpenGov, Inc. (“Service Provider”), identified as a C Corporation and whose address is 660 3rd Street, Suite 100, San Francisco CA 94107. This Agreement is made with reference to the following facts.
I. RECITALS
Town sought quotations for the services described in this Agreement, and Service Provider was found to be the lowest responsible supplier for this purchase.
Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
Town desires to engage Service Provider to provide new contract for Enterprise Asset Management program (Cartegraph) services and Procurement Suite services provided by OpenGov, Inc.
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. AGREEMENTS
2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal Order Form for the period of December 30, 2024 through December 29, 2025 sent to the Town on September 6, 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 December 30, 2024 through December 29, 2025, with four one-year options to extend the agreement.
2.4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
2.5 Intentionally Omitted.
2.6 Compensation: Compensation for services for the dates December 30, 2024 to December 29, 2025 are in the amount not to exceed $ $66,355.59, inclusive of all costs. All invoice amounts, including exercised option years (pending budget appropriation and extension of the agreement). Including option years, shall be invoiced in the amounts further described in the applicable Order Form (“Exhibit A”).
Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60
EXHIBIT A
ITEM NO. 7.
Agreement for Services
OpenGov, Inc.
2.7 Billing. Billing shall be annually by invoice within thirty (30) days of the execution of this Agreement.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
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, which shall not be unreasonably withheld.
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 Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60
ITEM NO. 7.
Agreement for Services
OpenGov, Inc.
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.
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 in 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, Cyber Liability insurance for limits no less than $2,000,000 per occurrence or claim, and $4,000,000 in the aggregate.
Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant in this contract.
The policy(ies) shall include coverage for claims involving security breach, business interruption, cyber extortion, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, and damage to or destruction of electronic information.
The policy(ies) shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
iii. Service Provider agrees to have and maintain, for the duration of the contract, Technology Errors and Omissions Liability insurance in an amount of $2,000,000 per occurrence or claim, and $4,000,000 in the aggregate sufficient to Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60
ITEM NO. 7.
Agreement for Services
OpenGov, Inc.
insure Consultant for technological errors or omissions in the performance of the particular scope of work under this contract.
iv. 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.
3.2 General Liability:
i. The Town, its elected and appointed officials, employees, and agents are to be covered as additional insureds as respects: commercial general liability policy to cover liability arising out of activities performed by or on behalf of 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 with respect to this contract. Any insurance or self-insurances maintained by the Town, its officers, officials, or employees shall be excess of the Service Provider's insurance and shall not contribute with it.
iii. Intentionally Omitted.
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.
3.3 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 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.
3.4 Workers’ Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.
3.5 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, and employees (“Indemnitees") from all third party claims for damages, liabilities, penalties, costs, or expenses (including attorneys’ fees) in law or equity that may at any time arise or be set up because of damages to Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60
ITEM NO. 7.
Agreement for Services
OpenGov, Inc.
property or personal injury received by reason of a material breach of this Agreement or in the course of performing work which may be occasioned by a grossly negligent act or omissions of the Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor. Service Provider’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such damages or liabilities are caused by the sole or active negligence or willful misconduct of Indemnitees.
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. If either party materially breaches any term of this Agreement and fails to cure such breach within 30 days after receiving written notice by the non-breaching party (10 days in the case of non-payment), the non-breaching party may terminate this Agreement.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
OpenGov, Inc.
660 3rd Street, Suite 100
San Francisco CA 94107
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60
ITEM NO. 7.
Agreement for Services
OpenGov, Inc.
attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and 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.
4.9 Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
4.10 Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
4.11 Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
4.12 Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.
Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60
ITEM NO. 7.
Agreement for Services
OpenGov, Inc.
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.
Town of Los Gatos by:
________________________________________
Chris Constantin, Town Manager
OpenGov, Inc. by:
________________________________________
Sam Kramer, SVP of Finance
Recommended by:
________________________________________
Nicolle Burnham,
Director of Parks and Public Works
Approved as to Form:
________________________________________
Gabrielle Whelan, Town Attorney
Attest:
________________________________________
Wendy Wood, CMC, Town Clerk
Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60 11/27/2024
12/2/2024
12/4/2024
12/6/2024
12/6/2024
ITEM NO. 7.
OpenGov Inc.
660 3rd Street, Suite 100
San Francisco, CA 94107
United States
OG-00CA2521
4/12/2024 Marguerite Kuntz
7/30/2024 [email protected]
7/31/2024 Prorated + 12 Months
12/29/2025
Town of Los Gatos, CA Kinjal Buch
110 E. Main St
Los Gatos, California 95030
United States
[email protected]
Annually in Advance
Net Thirty (30) Days
Product / Service Start Date End Date Annual Fee
Orange Advantage 7/31/2024 12/29/2024 $2,916.67
Orange Advantage 7/31/2024 12/29/2024
OMS Plus, OMS User (25 Users), Internal Requests, Asset Condition Manager and Adv Inspections, Automation Manager, Facilities Domain, Parks & Recreation Domain, Signal Domain, Stormwater Domain, Transportation Domain, Walkability Domain, Systems Integration Support, Orange Advantage 12/30/2024 12/29/2025 $48,600.01
OpenGov Procurement 12/30/2024 12/29/2025 $17,755.58
See Service Terms
July 31, 2024 $0.00
December 30, 2024 $66,355.59
December 30, 2025 $68,371.07
December 30, 2026 $73,157.04
December 30, 2027 $76,814.89
December 30, 2028 $80,655.63
"This Order Form incorporates the OpenGov Master Services Agreement (""MSA"") attached here or available at https://opengov.com/terms-of-service/master-services-agreement/.
The ""Agreement"" between OpenGov and the entity identified above (""Customer"") consists of the Order Form, MSA, and, if Professional Services are purchased, the Statement of Work.
Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, 30 days from receipt of the invoice.
By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the Agreement to the exclusion of all other terms.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Order Form Number:
Created On: Prepared By:
Order Form Expiration: Email:
Subscription Start Date: Contract Term:
Subscription End Date:
Customer: Contact Name:
Bill To/Ship To: Email:
Billing Frequency:
Payment Terms:
SOFTWARE SERVICES:
Annual Subscription Total:
Serivce Terms
Service Date: Amount:
Town of Los Gatos, CA OpenGov, Inc.
Customer Information
Order Details
Order Form Legal Terms
PRORATED TO ALIGN TO 12/30/2024
ONE TIME CREDIT FOR PRORATED PERIOD ($2,916.67)
(Prorated to Align to 12/30/2024 + One Time Credit for Prorated Period) (Annual Software Fee)
(Optional Auto Renewal Term 1)
(Optional Auto Renewal Term 2)
(Optional Auto Renewal Term 3)
(Optional Auto Renewal Term 4)
Exhibit A
Docusign Envelope ID: 62AD5440-B646-4767-A09C-5773DE0D0C60
ITEM NO. 7.
OpenGov Inc.
660 3rd Street, Suite 100
San Francisco, CA 94107
United States
Order Form Number: Q-07800 Prepared By: Jonathan Stone
Created On: 05/02/2025 Email: [email protected]
Order Form Expiration: 05/23/2025 Contract Term: 55 Months Subscription Start Date: 05/30/2025
Subscription End Date: 12/29/2029
Customer Information:
Customer: Town of Los Gatos, CA Contact Name: Kinjal Buch Bill To/Ship To: 110 E. Main St Email: [email protected] Los Gatos, California Phone: +1 4083995756
95030
United States
Order Details:
Billing Frequency: Upfront
Payment Terms: Net 30 Days
SOFTWARE SERVICES:
Product Name Start Date End Date Annual Fee
Contract eSignatures 05/30/2025 12/29/2025 $432.18
Request Management 05/30/2025 12/29/2025 $4,320.54
Contract eSignatures 12/30/2025 12/29/2026 $777.92
Request Management 12/30/2025 12/29/2026 $7,776.97
Contract eSignatures 12/30/2026 12/29/2027 $816.82
Request Management 12/30/2026 12/29/2027 $8,165.81
Contract eSignatures 12/30/2027 12/29/2028 $857.66
EXHIBIT B
ITEM NO. 7.
Request Management 12/30/2027 12/29/2028 $8,574.11
Contract eSignatures 12/30/2028 12/29/2029 $900.54
Request Management 12/30/2028 12/29/2029 $9,002.81
PROFESSIONAL SERVICES:
Product Name Start Date Description Fee
Professional Services
Deployment - Time and
Materials Billed Monthly
as Incurred
05/30/2025 Professional Services Deployment - Estimated Time and Materials Billed Monthly as Incurred $6,696.00
Professional Services Total: $6,696.00
Customer Billing/Service Periods:
Period: Total:
05/30/2025 $11,448.72
12/30/2025 $8,554.89
12/30/2026 $8,982.63
12/30/2027 $9,431.77
12/30/2028 $9,903.35
Order Form Legal Terms:
This Order Form incorporates the Agreement for Services between the parties dated November 19, 2024.
The "Agreement" consists of the Order Form(s), Agreement for Services, and, if Professional Services are purchased, the Statement of Work.
Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, 30 days from receipt of the invoice.
By signing this Order Form, Customer acknowledges that it has reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the Agreement to the exclusion of all other terms.
Hours will be billed upon completion on a time and material basis at a rate of $215.00 per hour. Actual charges may exceed the provided estimate under Time and Materials billing, The final amount billed will reflect the actual hours utilized.
ITEM NO. 7.
Town of Los Gatos, CA: OpenGov, Inc.
Signature:
____________________________
Signature:
____________________________
Name:
____________________________
Name:
____________________________
Title:
____________________________
Title:
____________________________
Date:
____________________________
Date:
____________________________
ITEM NO. 7.
SECOND AMENDMENT TO AGREEMENT FOR SERVICES
OpenGov, Inc.
PREAMBLE
This Second Amendment to Agreement for Services is dated for identification on this 24th day of September 2025, and amends that certain Agreement for Services dated November 19, 2024, and amended by the First Amendment dated April 15, 2025, made by and between the Town of Los Gatos (“Town”) and OpenGov, Inc. (“Service Provider”), identified as a C Corporation and whose address is 660 3rd Street, Suite 100, San Francisco, CA 94107.
I. RECITALS
A. Town and Consultant entered into Agreement for Services on November 19, 2024 (“Agreement”).
B. Town and Consultant executed a First Amendment to the Agreement on April 15, 2025 (“First Amendment”).
C. Town desires to amend the Agreement to revise the scope of services without increasing the compensation of the Agreement.
II. AMENDMENT
1. 2.1 Scope of Services is amended to add the following:
Service Provider shall provide services as described in that certain Proposal/Order Form Number Q-10591.1COM dated August 20, 2025, which is hereby incorporated by reference and attached as Exhibit C. This order form is added to the prior Exhibit B Order Form Number Q-07800 executed May 29, 2025, as amended.
2. 2.6 Compensation remains unchanged. Compensation for services for the dates December 30, 2024, to December 29, 2025, shall be the original agreement amount of $66,355.59, increased by $11,448.72 pursuant to the First Amendment, for a total agreement amount not to exceed $77,804.31. No additional compensation is authorized by this Second Amendment.
3. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 3
ITEM NO. 7.
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
Town of Los Gatos by:
__________________________________
Chris Constantin, Town Manager
OpenGov, Inc. by:
__________________________________
Sam Kramer, Chief Finance Officer
Recommended by:
__________________________________
Nicolle Burnham,
Director of Parks and Public Works
Approved as to Form:
__________________________________
Gabrielle Whelan, Town Attorney
EXHIBITS
- Exhibit C – Proposal/Order Form Q-10591.1COM dated August 20, 2025
ITEM NO. 7.
OpenGov Inc.
660 3rd Street, Suite 100
San Francisco, CA 94107
United States
Order Form Number: Q-10591.1COM Prepared By: Freddie Fiske Created On: 08/20/2025 Email: [email protected]
Order Form Expiration: 09/19/2025 Contract Term: 3 Months Subscription Start Date: 10/01/2025
Subscription End Date: 12/29/2025
Customer Information:
Customer: Town of Los Gatos, CA Contact Name: Kinjal Buch Bill To/Ship To: 110 E. Main St Email: [email protected] Los Gatos, California Phone: 4083995756
95030
United States
Order Details:
Billing Frequency: Prepaid
Payment Terms: Net 30 Days
SOFTWARE SERVICES:
Product Name Start Date End Date Annual Fee
CREDIT for Prepaid and Overlapping Software
Services 10/01/2025 12/29/2025 -$2,005.26
Procurement Expert Services: Elevate 10/01/2025 12/29/2025 $1,822.91 Contract eSignatures 10/01/2025 12/29/2025 $182.34
Customer Billing/Service Periods:
Period: Total:
10/01/2025 $0.00
Order Form Legal Terms:
ITEM NO. 7.
This Order Form replaces and supersedes the Exhibit B Order Form Number Q-07800 executed on May 29, 2025, as amended.
Town and Consultant entered into Agreement for Services Agreement on November 19, 2024, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Agreement.
The "Agreement" between OpenGov and the entity identified above ("Customer") consists of the Order Form, Agreement for Services Agreement, and, if Professional Services are purchased, the Statement of Work.
Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, 30 days from receipt of the invoice.
By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the Agreement to the exclusion of all other terms
Town of Los Gatos, CA: OpenGov, Inc.
Signature:
____________________________
Signature:
____________________________
Name:
____________________________
Name:
____________________________
Title:
____________________________
Title:
____________________________
Date:
____________________________
Date:
____________________________
Exhibit C Page 76
ITEM NO. 7.
PREPARED BY: Gitta Ungvari
Finance Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/07/2025
ITEM NO: 8
DATE: October 1, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution as Required by the California Department of Tax and Fee Administration (CDTFA), Authorizing Certain Town Representatives and a Town Contractor Access to Sales, Transactions, and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056 and Rescind the Earlier Resolution 2021-034.
RECOMMENDATION: Adopt a Resolution as Required by the California Department of Tax and Fee Administration (CDTFA), Authorizing Certain Town Representatives and a Town Contractor Access to Sales,
Transactions, and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056 and Rescind the Earlier Resolution 2021-034.
FISCAL IMPACT:
There is no fiscal impact associated with adopting this resolution.
STRATEGIC PRIORITY:
This item is not associated with a strategic priority.
DISCUSSION:
The Town of Los Gatos entered into an agreement with Hinderliter de Llamas & Associates, doing business as HdL Companies, for sales tax consultation and audit services. The California Department of Tax and Fee Administration is requiring an updated resolution that reflects the new service provider name. Attachment 1 contains the updated resolution. Attachment 2 includes Resolution 2021-034, which previously authorized the Town’s former sales tax
ITEM NO. 8.
PAGE 2 OF 2
SUBJECT: CDTFA Resolution
DATE: October 1, 2025
consultant, MuniServices. Staff recommends rescinding Resolution 2021-034 to reflect the change in service providers.
COORDINATION:
This memorandum has been prepared in coordination with the Clerk and the Town Attorney’s Office.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ATTACHMENTS:
1. Draft Resolution authorizing examination of Sales or Transactions and Use Tax Records
2. Resolution 2021-034 A Resolution of the Town Council of the Town of Los Gatos, authorizing certain Town representatives and a Town contractor access to sales, transactions and use tax records pursuant to Revenue and Taxation Code Section 7056
ITEM NO. 8.
ATTACHMENT 1
RESOLUTION NO. 2025-
A Resolution of the City Council of the Town of Los Gatos Authorizing Examination of Sales or Transactions and Use Tax Records and Rescinding Resolution 2021-034 WHEREAS, pursuant to Resolution 2021-034 the Town of Los Gatos (Town) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, pursuant to Revenue and Taxation Code section 7270, the Town entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the Town Council of the Town of Los Gatos deems it desirable and necessary for authorized officers, employees and representatives of the Town to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the Town pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;
NOW, THEREFORE, THE CITY COUNCIL OF THE TOWN OF LOS GATOS HEREBY RESOLVES AS FOLLOWS:
Section 1. That the Town Manager, Assistant Town Manager, Town Attorney, Finance Director, Finance and Accounting Manager, Accountant and Finance Analyst, Senior Finance Analyst, Community Development Director, Economic Vitality Manager or other officer or employee of the Town designated in writing by the Town Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the Town with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the Town by the Department pursuant to the contract between the Town and the Department.
Section 2.
The information obtained by examination of Department records shall be used only for purposes related to the collection of Town sales or transactions and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the City:
(a) Budget
(b) Planning
(c) Economic Development
(d) Transportation Planning
(e) Business License
ITEM NO. 8.
ATTACHMENT 1
The information obtained by examination of Department records shall be used only for those governmental functions of the Town listed above.
Section 3. That Hinderliter de Llamas & Associates is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the Town by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the Town and Hinderliter de Llamas & Associates:
a) has an existing contract with the Town to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.
BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of Town sales or transactions and use taxes by the Department pursuant to the contract between the Town and the Department and for those purposes relating to the governmental functions of the City listed in section 2 of this resolution.
Section 5. That this resolution supersedes all prior resolutions of the Town Council of the Town of Los Gatos adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.
Introduced, approved and adopted this 7
th day of October 2025.
ATTEST: (s) ___________________________ (s) ____________________________ Town Clerk Mayor
I, ____________________, Town Clerk of the Town of Los Gatos, California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the Town Council of the Town of Los Gatos at a regular meeting of said Council held on the 7th day of October, 2025, by the following roll call vote:
Ayes: (Names of Councilmembers)
ITEM NO. 8.
ATTACHMENT 1
Noes: (Names of Councilmembers)
Absent: (Names of Councilmembers)
(s) _______________________________
Town Clerk
ITEM NO. 8.
RESOLUTION 2021- 034
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING
EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS WHEREAS, pursuant to Resolution 2019- 001 and 2019- 002 the Town of Los Gatos Town) entered into a contract with the California Department of Tax and Fee Administration Department) to perform all functions incident to the administration and collection of sales or transactions and use taxes; and
WHEREAS, pursuant to Revenue and Taxation Code section 7270, the Town entered into a contract with the California Department of Tax and Fee Administration ( Department) to perform all functions incident to the administration and collection of transactions and use taxes; and
WHEREAS, the Town Council of the Town of Los Gatos deems it desirable and necessary for authorized officers, employees and representatives of the Town to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the Town pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056. 5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;
NOW, THEREFORE, BE IT RESOLVED, the Town
Section 1. That the Town Manager, Assistant Town Manager, Town Attorney, Finance Director, Finance and Budget Manager, Budget Analyst, Accountant Analyst, Community Development Director, Economic Vitality Manager, and other officer or employee of the Town designated in writing by the Town Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the Town with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the Town by the Department pursuant to the contract between the Town and the Department.
Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of Town sales or transactions and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the Town:
1 of 3
Resolution 2021- 034 August 3, 2021
ATTACHMENT 2
ITEM NO. 8.
a) Budget
b) Planning
c) Economic Development
d) Transportation Planning
e) Business License
The information obtained by examination of Department records shall be used only for those governmental functions of the Town listed above.
Section 3. That MuniServices, LLC. is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the Town by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the Town and MuniServices, LLC:
a) has an existing contract with the Town to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.
BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of Town sales or transactions and use taxes by the Department pursuant to the contract between the Town and the Department and for those purposes relating to the governmental functions of the Town listed in section 2 of this resolution.
Section 4. That this resolution supercedes all prior resolutions of the Town Council of the Town of Los Gatos adopted pursuant to subdivision ( b) of Revenue and Taxation Code section 7056, specifically Resolution 2019- 002 is hereby rescinded.
2 of 3
Resolution 2021- 034 August 3, 2021 Page 83
ITEM NO. 8.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3rd day of August 2021 by the following vote:
COUNCIL MEMBERS:
AYES: Mary Badame, Matthew Hudes, Rob Rennie, Maria Ristow, Mayor Marico Sayoc NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE O OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: C 4"'2 t Lj
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: -/ / cca\
3 of 3
ITEM NO. 8.
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/07/2025
ITEM NO: 9
DATE: October 7, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt the Revised Council Policy 2-11: Residency and Attendance Requirements and Establishing a Quorum
RECOMMENDATION: Adopt the revised Council Policy 2-11: Residency and Attendance Requirements and Establishing a Quorum.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
STRATEGIC PRIORITY:
This item is not associated with a specific strategic priority; however, it aligns with the Town’s core goal of good governance.
BACKGROUND:
Council Policy 2-11 establishes residency and attendance requirements for members of Town Boards, Commissions, and Committees (collectively, “Commissions”), and outlines expectations for participation and quorum standards. Over time, the policy has evolved and currently includes a detailed Procedures section governing how applications are submitted, interviews are conducted, and appointments are made. While these procedures are important, they are operational in nature and subject to administrative adjustments as staffing, technology, and Council practices evolve.
On May 27, 2025, staff presented proposed changes to Council Policy 2-11, to the Policy Committee which included the removal of the Procedures section. This section is currently highly prescriptive, containing step-by-step instructions for Town staff, applicants, and Council Members. While detailed, this structure creates rigidity. Even minor procedural updates require
ITEM NO. 9.
PAGE 2 OF 4
SUBJECT: Adopt the Revised Council Policy 2-11: Residency and Attendance Requirements and Establishing a Quorum
DATE: October 7, 2025
formal Town Council action to amend the policy, limiting flexibility and delaying improvements to internal workflows.
The Committee discussed the proposed change and supported staff’s recommendations to remove procedural content from the policy and include it in a separate Administrative Policy.
This change will provide greater flexibility for minor procedural updates, improve internal workflows, and better align with evolving best practices without requiring formal Council action.
The Committee also requested that the policy include language clarifying that, while Council Members may use standardized interview questions, they are not restricted from asking other appropriate questions of applicants. Additionally, the Committee requested that the provisions outlining the voting process for appointments and reappointment guidelines remain in the policy.
Staff revised Council Policy 2-11 to incorporate the requested clarifications and retain the relevant content and proposed revisions to the Conflict of Interest section to provide greater clarity regarding expectations and disclosure responsibilities for Commissioners who serve or are employed by nonprofit organizations. A new Administrative Policy was also created to outline the detailed procedures related to Commission recruitment, interviews, and appointment processes.
The core elements of Policy 2.11, which include residency requirements, attendance standards, quorum definition, reappointment guidelines, and conflict of interest obligations, remain in the policy under the purview of the Town Council.
At its meeting on August 26, 2025, the Policy Committee reviewed the proposed changes and supported the removal of procedural language from Council Policy 2.11. The Committee also reviewed and endorsed the new Administrative Policy. During its discussion, the Committee emphasized the importance of maintaining Council visibility over significant procedural changes and requested that language be added to ensure that any major updates to the Administrative Policy would be brought to the Town Council for review.
DISCUSSION:
Staff has revised Council Policy 2.11 to incorporate the Committee’s recommendations and drafted an Administrative Policy to reflect current procedures and includes a statement indicating that the Town Council will be notified of any major changes.
The proposed revision to Council Policy 2.11 reflects the Town’s ongoing efforts to streamline governance practices while preserving Council oversight of core policy matters. By removing the highly prescriptive Procedures section from the Council Policy and transferring it to a newly
ITEM NO. 9.
PAGE 3 OF 4
SUBJECT: Adopt the Revised Council Policy 2-11: Residency and Attendance Requirements and Establishing a Quorum
DATE: October 7, 2025
created Administrative Policy, the Town can more efficiently manage routine updates to the Commission recruitment, interview, and appointment processes.
This change addresses the challenge of inflexibility in the current policy, where even minor procedural adjustments such as changes to application formats, interview logistics, or timelines require formal Council approval. Moving procedural content to an Administrative Policy allows staff to adapt to evolving practices, technologies, and resource needs in a timely and responsive manner while preserving Council authority over core requirements such as residency, attendance, quorum definitions, reappointment guidelines, and conflict of interest standards.
To promote transparency and support consistent interpretation, a table showing the number of unexcused absences and total absences that would result in a violation and automatic forfeiture of a commission seat has been prepared and incorporated into the Policy as Exhibit A.
Staff is also proposing a revision to the Policy section to remove the phrase “ex-officio members of other Boards, Commissions, and Committees, or Commission members (hereinafter referred to as 'Commissioners')” and clarify that the exception applies only to Commissioners who are formally designated by ordinance or resolution to serve as representatives of their Commission on another body.
The previous language was unclear and potentially misapplied, as the term ex-officio typically refers to someone serving “by virtue of their office.” The policy also did not specify how such appointments were authorized or whether those members held voting rights. Additionally, referencing both “ex-officio members” and “Commission members” created the potential for conflicting interpretations.
To ensure transparency and consistent application, the revised language specifies that individuals may only serve on more than one Commission when formally designated by ordinance or resolution. This change provides a clear and enforceable exception based on Council action and supports the policy’s broader goal of maximizing public participation in the Town’s advisory bodies.
CONCLUSION:
Separating the procedural details from Council Policy 2-11 and placing them into a standalone Administrative Policy provides the Town with increased flexibility to manage and update internal procedures without requiring Council action. This approach maintains transparency and consistency in key policy areas while improving efficiency and responsiveness to operational needs.
ITEM NO. 9.
PAGE 4 OF 4
SUBJECT: Adopt the Revised Council Policy 2-11: Residency and Attendance Requirements and Establishing a Quorum
DATE: October 7, 2025
COORDINATION:
This report was prepared in coordination with the Town Attorney and the Town Manager’s Office.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ATTACHMENTS:
1. Council Policy 2-11 (Redlined Version)
2. Administrative Procedures - Boards, Committees, and Commissions Recruitment
ITEM NO. 9.
COUNCIL POLICY MANUAL
TITLE: Commission Requirements and Guidelines:
Residency and , Attendance, Requirements, and Establishing a Quorum, and Appointments
POLICY NUMBER: 2-11
EFFECTIVE DATE: 2/28/1990 PAGES: 7
ENABLING ACTIONS: REVISED DATES: 6/13/1994; 6/16/2014;
4/7/2015; 10/18/2016; 2/21/2017;
2/6/2018; 3/19/19; 9/3/2019; 6/1/2021;
12/7/2021, 3/15/2022, 8/2/2022;
9/20/2022; 10/3/2023; 11/21/2023;
3/5/2024; 12/17/2024
APPROVED:
PURPOSE
To establish a policy to encourage participation by the Town’s residents on Town Boards, Commissions and Committees (hereinafter referred to as "Commissions"). The Town of Los Gatos is committed to inclusivity. We value all our community members, regardless of religion, immigration status, ethnicity, race, disability, gender, sexual orientation, or gender identity. The Town will encourage residents to participate on Commissions by advertising vacancies on Commissions for at least 30 days, preparing easily understood applications, maintaining clear descriptions of the role of each Board, Commission, and Committee and its respective members, providing current meeting schedules, and conducting public interviews of all Commission applicants, except as provided by this Policy.
SCOPE
This Policy applies to all applicants to Town Boards, Commissions, and Committees.
POLICY
The Town Council encourages public participation in all decision-making and to be successful residents must be assured both that the participation is meaningful and that their input will be valued. The widest representation from the community can only be achieved if vacancies are well advertised so that anyone interested will have the opportunity to apply.
Interviews of the applicants conducted in public by the Town Council demonstrates that it values these appointments and that all have an equal opportunity to be appointed. While the Council Members may be provided standardized questions to use during the interviews, Small Town Service Community Stewardship Future Focus
ATTACHMENT 1 Page 89
ITEM NO. 9.
TITLE: Commission Requirements and Guidelines:
Appointments, Residency, and Attendance,
Requirements, and Establishing a Quorum. and
Appointments
PAGE:
2 of 9
POLICY NUMBER:
2-11
they free to ask other appropriate questions instead of, or in addition to, those provided.
Applicants may apply to more than one Commission, and shall rank their choices in their preferred order, during each recruitment cycle.
To ensure the greatest possible participation by the public, no person shall be appointed to more than one Commission except in those cases where they are ex-officio members of other Boards, Commissions, and Committees, or Commission members (hereinafter referred to as "Commissioners") serving as representatives of their Commission pursuant to an ordinance or resolution who have been appointed by the Town Council.
Commission recruitment procedures are outlined in the Administrative Procedure Manual.
Any major changes to that manual will be presented to the Town Council.
RESIDENCY REQUIREMENTS
Residency within the incorporated municipal limits of the Town of Los Gatos, California is required for appointment and continued membership on all Town of Los Gatos Boards, Commissions, and Committees, with the exception of the Youth Commission and the Diversity, Equity, and Inclusion Commission.
Youth Commission:
The members shall be students who are entering grades 8 through 12 in the fall.
Membership for the students requires either 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.
Diversity, Equity, and Inclusion Commission:
Membership composition shall be as outlined in the exhibit to the standard operating provisions for boards, commissions, and committeescommission’s enabling resolution and includes a Los Gatos business owner/employee, faith leader who leads a congregation in Los Gatos, and Los Gatos non-profit employee who may or may not reside in Los Gatos.
ATTENDANCE REQUIREMENTS
1. All members of all appointive Commissions should attend all regular and special meetings of said Commissions.
2. Consistent with the Town Council’s summer recess, Commissions will not schedule a regular meeting in the month of July to allow time for vacations. Nothing in this policy will prohibit staff from scheduling a special meeting to address urgent Town business.
3. Any member not in attendance at a regular meeting of said Commissions for at least 70% of the duration of the meeting shall be considered absent. To allow Commissioners to plan ahead to meet the 70% requirement, there will be a two-hour
ITEM NO. 9.
TITLE: Commission Requirements and Guidelines:
Appointments, Residency, and Attendance,
Requirements, and Establishing a Quorum. and
Appointments
PAGE:
3 of 9
POLICY NUMBER:
2-11
time limit for a regular Commission meeting with the exception of the Planning Commission and the Historic Preservation Committee and meetings containing discussion regarding the Town’s annual budget.
4. A Commissioner shall be deemed to have automatically surrendered their office if they have either:
a. Three consecutive unexcused absences from the regular meetings of the Commission; or
b. Unexcused absences totaling more than twenty percent* of the total number of scheduled regular meetings in any calendar year;* or c. Absences, whether excused or unexcused, totaling more than thirty-five percent* of the total number of scheduled regular meetings in that calendar year.**
5. Excused absences shall be limited to those which meet both of the following requirements:
a. The absent Commissioner must have informed the chair and the staff liaison to the Commission of their intended absence prior to the scheduled meeting. (Failure to inform the chair and the staff liaison prior to the meeting shall result in an unexcused absence unless an unusual circumstance prevents advance notice.); and b. The following shall be considered an excused absence:
i. An absence due to illness of the Commissioner; or
ii. An absence due to a medical emergency of the Commissioner or the Commissioner’s family member or loved one; or
iii. An absence due to the Commissioner’s need to provide direct caregiving related to the illness of the Commissioner’s family member or loved one; or iv. An absence due to the death of a Commissioner's family member or loved one; or
v. An absence because a Commissioner is away on authorized commission business; or
vi. An absence due to required military service; or
vii. An absence related to Federal and State Family Leave.
6. For all Commissions other than the Finance Commission, vacant positions shall be filled by appointment by a majority vote of the Town Council, for a term equal to the unexpired portion of the office vacated. Any member removed from office due to non-attendance may re-apply to serve on a Town Commission but will not be treated as an incumbent in any subsequent application to the same Commission. * Percentages will be rounded to the nearest whole number using standard rounding rules (less than .5 will round down and .5 or more will round up) and if the Commissioner was appointed to fill a vacancy, more than twenty percent of the total number of remaining
ITEM NO. 9.
TITLE: Commission Requirements and Guidelines:
Appointments, Residency, and Attendance,
Requirements, and Establishing a Quorum. and
Appointments
PAGE:
4 of 9
POLICY NUMBER:
2-11
scheduled regular meetings in that calendar year. (See Exhibit A for Commission Attendance Violation Table)
** A calendar year is defined as January 1 through December 31. Any absence that causes the cancellation of a regular meeting due to lack of a quorum shall be counted as an absence for the Commissioner. A regular meeting shall not be cancelled and replaced with a special meeting in order to alleviate an absence by a Commissioner.
QUORUM REQUIREMENTS
The number of members needed to constitute a quorum on any Town Commission shall be a majority of the Commission.
PROCEDURES
The following procedures will be followed by the applicant, the Town Clerk, and the Town Council for the appointment of applicants to Town Commissions:
Responsibility and Actions: Town Clerk
A. Annual Recruitments
Adult Commissioners' terms begin on January 1 and end on December 31, Youth Commissioners’ terms begin on September 1 and end on May 31. The Town Clerk shall perform the following duties in conducting an annual recruitment for Commissioners:
1. Notify Town Council of vacancies on Commissions by indicating the names of the Commissions, the number of terms expiring or being vacated, names of individual(s) with expiring terms or vacating seats, advertising periods (at least 30 days) and the date of interview.
2. Advertise the vacancies, including the application deadline and the interview date.
Interviews and appointments for Adult Commissioners shall occur after annual Mayor and Vice Mayor selection, and in the case of election years, after new Council Members have been seated. Interviews and appointments for Youth Commissioners shall occur by the fourth Wednesday in May, no earlier than 4:00 p.m.
3. Prepare and maintain easily understood applications for appointment to Commissions. Applications shall include the following policy information:
a. Prior to initial appointment to any Commission, non-incumbent applicants must be interviewed by the Town Council, with the exception of the Finance Commission which will be interviewed by the appointing Council Member. The applications of those not interviewed will be held for the next recruitment. b. If an incumbent Commissioner is requesting reappointment to the same Commission and is not available to be interviewed, the incumbent may submit a letter prior to the interviews, describing the reason why the applicant
ITEM NO. 9.
TITLE: Commission Requirements and Guidelines:
Appointments, Residency, and Attendance,
Requirements, and Establishing a Quorum. and
Appointments
PAGE:
5 of 9
POLICY NUMBER:
2-11
cannot be present via teleconference or in person for the interview, and why the applicant should be reappointed to the Commission.
c. Submission deadlines are mandatory; no exceptions are permitted.
4. Applications:
a. For adult applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council prior to the interviews for appointment.
b. For student applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council Selection Committee, consisting of the Mayor, Vice Mayor, Police Chief, and Youth Commission Chair (if not reapplying), prior to the interviews for appointment.
5. Notify the applicant by letter or email as to the date and time of the interview and provide the option for an in person or teleconference interview.
6. Facilitate the Council voting process set forth below by informing the Council as to how many votes are possible on each Commission, calling out applicants' names, and identifying the applicants receiving sufficient votes for appointment. This voting process does not apply to Youth Commission or Finance Commission applicants.
7. Applicants:
a. For adult applicants — After the interviews and the Council votes are completed, notify all applicants of the Council's action, and explain the Town’s policy of keeping applications active for one year with notification of subsequent openings on that Commission to the interested applicants. b. For Youth Commission applicants — After the interviews are completed, notify all applicants of the Council Committee's action, and prepare a staff report for the Town Council to ratify the Committee's appointment at the first Town Council meeting in June.
Interview Process
To ensure the interview process is consistent, fair, and equitable, each applicant shall be asked the same standard questions, as provided below. Notwithstanding, no Council Member shall be prevented from asking appropriate questions of applicants.
1. If appointed, what ideas would you like to see the Commission explore?
2. Please expand beyond the written response on your application: your experience, interest, and/or expertise that you feel would be most useful to the Commission.
3. Please elaborate on any written response provided in the application to assist the Council learn more about you.
4. If you did not answer any of the questions on the application, please explain why.
The standard questions are limited in number to allow an applicant sufficient time to respond. While the intent is for each Council Member to be able to ask one question of each
ITEM NO. 9.
TITLE: Commission Requirements and Guidelines:
Appointments, Residency, and Attendance,
Requirements, and Establishing a Quorum. and
Appointments
PAGE:
6 of 9
POLICY NUMBER:
2-11
applicant, the Council may decide not to ask all of the provided questions, change the order of the questions, or rotate which Council member asks a specific question. Applicants will be given a two-minute time limit to answer each question.
Balloting Process
Unless determined otherwise, the Council shall conduct a ballot vote for the appointment of individuals to fill the vacancies for each Commission with the exception of the Finance Commission. Such ballot vote may be conducted at either a regular, adjourned or special meeting of the Town Council. The ballot vote process shall be conducted as follows:
1. The Town Clerk shall provide a ballot to each Town Council member listing the names of all applicants and “None of the above” for each respective Commission. Prior to the vote, the Town Clerk shall publicly announce the position vacancy and all applicant names that are listed on the ballot.
APPOINTMENT GUIDELINES
Boards, Committees, and Commissions
In order for a candidate to be appointed, a majority vote (3 or more) must occur. In the event of a tie vote, a runoff will be held. Each Council member may vote for the same number of applicants as there are current vacancies on the respective Commission. In no case, can a Council Member cast more votes than there are vacancies; or vote for the same candidate more than once on each ballot (i.e. cumulative voting -- e.g. where there are three vacancies, a Council member may not give all three votes to the same candidate). A Council Member is not required to vote for any of the candidates or for the total number of vacancies available.
Youth Commission
The Town Council Selection Committee, consisting of the Mayor, Vice Mayor, Police Chief, and Youth Commission Chair (if not reapplying), will interview the Youth Commission applicants and make appointment recommendations for the Town Council to ratify.
The Town Clerk shall collect all ballots and shall publicly announce the name of each Town Council member and how that Council member cast his or her vote. In the case of a tie vote, the Town Clerk will announce that there is a tie and that a run-off vote shall be conducted but will not announce the names of the applicants in the run-off. Once all voting is concluded and a decision made, the votes will be made public. The run-off ballot will also include a “None of the above” option.
2. Applicants receiving a majority number of votes shall be deemed appointed to the Commission. In the event of a tie, a run-off vote shall be conducted among the applicants receiving the highest number of votes from the previous round. This shall continue until a majority consensus on an applicant(s) is reached for the number of vacancies to be filled. In
ITEM NO. 9.
TITLE: Commission Requirements and Guidelines:
Appointments, Residency, and Attendance,
Requirements, and Establishing a Quorum. and
Appointments
PAGE:
7 of 9
POLICY NUMBER:
2-11
the event of an unbreakable tie, the Council may determine an alternative method for selecting the appointee(s) or direct the Town Clerk to re-advertise the vacancy.
3. If an applicant(s) is appointed to a Commission that has vacancies for both full and partial, unexpired terms, the length of the appointee’s term will be determined by the Mayor.
B. Mid-Term Recruitments
During the year, Commissions may experience vacancies that drop the number of filled seats to a number of members that is not sufficient to conduct Commission business. The Commission may request the Council to conduct a mid-term recruitment to fill seats. To the extent possible, the Town Clerk will consolidate mid-term recruitments to minimize the number of recruitments occurring throughout the year. In the event of a vacancy on the Planning Commission, the Town will automatically conduct a mid-term recruitment. Midterm recruitments will not be conducted for Youth Commissioners. The Town Clerk shall advertise mid-term vacancies on Commissions for at least 15 days.
Responsibility and Action: Applicant
1. Read the Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum Policy, complete and submit to the Town Clerk the application for appointment to a Town Commission by the advertised deadline date and time.
2. For adult applicants: Attend the Council meeting to be interviewed for the Commission appointment. The applicant is required to notify the Town Clerk no later than 4:00 p.m. three business days before the scheduled interview date whether they will not attend in person or via teleconference.
3. For student applicants: Attend the Council Selection Committee interview session. The applicant is required to notify the Town Clerk no later than 4:00 p.m. the three business days before the scheduled interview date whether they will not attend in person or via teleconference.
4. If an incumbent Commissioner is requesting reappointment to the same Commission and is not available on the date of the interview, the incumbent must submit a letter by 4:00 p.m. the three business days prior to the interviews, describing the reason why the applicant cannot be present via teleconference or in person for the interview, and why the applicant should be reappointed to the Commission.
5. If appointed, prior to starting the Commission term, appointees are required to attend a Commissioner Orientation and take the "Oath of Office."
6. Attend Commission meetings once term begins.
7. Read the Commissioners’ Handbook available online.
Responsibility and Action: Town Council
1. Review applications.
ITEM NO. 9.
TITLE: Commission Requirements and Guidelines:
Appointments, Residency, and Attendance,
Requirements, and Establishing a Quorum. and
Appointments
PAGE:
8 of 9
POLICY NUMBER:
2-11
2. For adult applicants – Interview applicants by Commission at a public meeting with all applicants present.
For student applicants – Town Council Selection Committee interviews applicants.
3. Determine if the incumbents not in attendance and having submitted a letter pursuant to this Policy should be considered for reappointment.
4. If there are limited applications for any vacancy to a Commission, the Mayor, on behalf of the Council, may request that the Town Clerk re-advertise the vacancy, reschedule the interviews, and notify all applicants of the new interview date.
REAPPOINTMENT GUIDELINES
An individual who has been removed from a Commission for the following reasons, may not be reappointed:
1. Failure to file the following documents required by the Fair Political Practices Commission (Adult Commissioners):
a. Form 700 – Assuming Office, Annual, and Leaving Office when term is complete. b. Planning Commissioners are also required to complete AB 1234 Ethics Training and file the original certificate with the Town Clerk every two years.
2. Failure to comply with all Town Policies, Guidelines, and Handbooks.
CONFLICT OF INTEREST
Under the Fair Political PracticePolitical Reform Act, a Commissioner has a disqualifying conflict of interest in a governmental decision if it is foreseeable that the decision will have a financial impact on his or her personal finances or other financial interests. In such cases, there is a risk of biased decision-making that could sacrifice the public’s interest in favor of the official’s private financial interests. To avoid actual bias or the appearance of possible improprieties, the public official is prohibited from participating in the decision. While all Commissioners must at a minimum comply with the Fair Political PracticePolitical Reform Act regulations, they should also avoid the appearance of a conflict of interest.
Some Board and Commission members serve on non-profit boards or are employed by nonprofit organizations. Board and Commission members may not participate in decisions (which includes making recommendations to the Town Council) in which they have a potential conflict of interest, which can be a financial or a personal interest. In the event of a potential conflict of interest, the Board or Commission member must recuse themselves and provide a brief statement explaining the reason for recusal. Even if it is determined that there is no potential conflict of interest, the Board or Commission member must state that their affiliation with the non-profit organization before participating in the decisionThe Fair Political Practice Act does not prohibit a Commissioner from participating in a decision simply by virtue of holding a position as a board member, director, officer, or employment with a nonprofit corporation.
However, the Town strongly encourages that in the event that a decision concerns a nonprofit
ITEM NO. 9.
TITLE: Commission Requirements and Guidelines:
Appointments, Residency, and Attendance,
Requirements, and Establishing a Quorum. and
Appointments
PAGE:
9 of 9
POLICY NUMBER:
2-11
corporation for which a Commissioner is a board member, director, officer, or employed with that nonprofit corporation, the person should recuse him or herself and at a minimum shall disclose the potential conflict of interest before any discussion and decision.
APPROVED AS TO FORM:
________
Gabrielle Whelan, Town Attorney
ITEM NO. 9.
EXHIBIT A
Commission Attendance Violation Table
Total Scheduled
Meetings (Year)
Unexcused Absences Violation
Automatically Forfeit of Seat (>20%)
Total Absences
Violation (>35%)
6 2 3
7 2 3
8 3 3
9 3 4
10 3 4
11 3 5
12 3 5
13 4 5
14 4 6
15 4 6
16 4 6
17 4 7
18 5 7
19 5 7
20 5 8
21 5 8
22 5 8
ITEM NO. 9.
ATTACHMENT 2
ADMINISTRATIVE PROCEDURE MANUAL
TITLE: Boards, Committees, and Commissions
Recruitment
PROCEDURE NUMBER:
EFFECTIVE DATE: PAGES:
ENABLING ACTIONS: REVISED DATES:
APPROVED:
PURPOSE
To set forth policy and procedural responsibilities to be followed by Town staff, Town Council, and applicants during the recruitment and appointment process for Town Board, Committee, and Commission (hereinafter referred to as "Commissions") positions.
SCOPE
This policy applies to Town Staff involved in the appointment and administration of Town Commissions, including Adult and Youth Commissioners.
ADMINISTRATIVE POLICY
It is the policy of the Town to conduct a fair, consistent, and transparent process for recruiting and appointing members to its Boards, Committees, and Commissions (herein after “Commissioner”). This process ensures broad public participation, promotes equity, and supports the Town Council’s goals for effective governance. The Town Clerk, under the direction of the Town Manager, is responsible for administering this process in accordance with the procedures outlined in this document. All recruitments shall be conducted in compliance with applicable laws and policies, and in alignment with best practices for public appointments.
Any major changes made to this manual will be presented to the Town Council.
PROCEDURES
Responsibilities and Procedures for Annual and Mid-Year Recruitment A. Annual Recruitments
Small Town Service Community Stewardship Future Focus
ITEM NO. 9.
TITLE: Boards, Committees, and Commissions
Recruitment
PAGE:
2 of 6
PROCEDURE
NUMBER:
Annual recruitments occur prior to the expiration of a Board Member, Committee Member, or Commissioner’s term.
1. Notification to Council
a. Inform the Town Council of upcoming Commission vacancies. The memo shall include the name of the Commission, the number of expiring or vacated terms, and the names of the Commissioners whose terms are ending. b. Schedule a date and time with the Council to conduct the interviews (Special Meeting).
2. Notification to Eligible Incumbents
a. Inform eligible incumbents of their expiring term and provide instructions on how they can reapply.
3. Open the Recruitment
a. Create the recruitment in the Board and Commission (BAC) system. i. Select Commissions with terms expiring and set the recruitment period (open and close date and time).
ii. Post advertisements on the Town website, public notice board, library, and official Town social media channels, and other media outlet as appropriate..
4. Recruitment Advertisement
a. Advertise the vacancies for a minimum of 30 days.
i. Advertisements should include the application deadline and interview date.
ii. Post advertisements on the Town website, Town public notice posting board, library, and on social media.
5. Applications
a. Applications will be maintained electronically in the BAC system. b. Applications must be submitted electronically using the BAC system. c. The application submitted will be verified for eligibility. d. Notify eligible applicants of the interview date and time and provide a deadline by which to confirm their availability.
e. Prepare redacted copies of the applications for the agenda packet.
B. Mid-Term Recruitment
During the year, Commissions may experience vacancies that reduce the number of filled seats below the threshold needed to conduct official business. When possible, the Town Clerk will consolidate mid-term recruitments to limit the number of separate recruitment processes conducted throughout the year. In the event of a vacancy on the Planning Commission, a midterm recruitment will be conducted automatically. A mid-term recruitment will not be conducted for Youth Commissioners. The Town Clerk shall advertise any mid-term Commission vacancies for a minimum of 15 days.
ITEM NO. 9.
TITLE: Boards, Committees, and Commissions
Recruitment
PAGE:
3 of 6
PROCEDURE
NUMBER:
The mid-year recruitments will be conducted in the same manner as the annual recruitment, with the exception of the minimum days to advertise the vacancies.
C. Interview Process
Annual and Mid-Year Recruitments
1. Interviews will take place during a special meeting of the Town Council, with the exception of the Finance Commission and Youth Commission.
2. Staff will prepare and post an agenda in accordance with the Brown Act.
3. Staff will prepare a staff report, which includes the redacted applications.
4. Staff will confirm attendance with all applicants prior to the interview.
5. If necessary, staff will prepare interview binders for Council, which will include the Staff report, applications, standard questions, and an additional sheet for rating and/or notes.
6. Applicants will be interviewed in groups based on the Commission to which they have applied, with the order of interviews to be determined by the Mayor.
7. The Mayor will determine the order in which the applicants will be asked questions.
8. To ensure the interview process is consistent, fair, and equitable, each applicant shall be asked the same standard questions, as provided below:
If appointed, what ideas would you like to see the Commission explore? Please expand beyond the written response on your application: your experience, interest, and/or expertise that you feel would be most useful to the Commission.
Please elaborate on any written response provided in the application to assist the Council learn more about you.
If you did not answer any of the questions on the application, please explain why.
9. Applicants will be limited to two minutes to answer each question. *No Council Member shall be prevented from asking appropriate questions of applicants. The standard questions are limited in number to allow an applicant sufficient time to respond. While the intent is for each Council Member to be able to ask one question of each applicant, the Council may decide not to ask all of the questions provided, change the order of the questions, or rotate which Council member asks a specific question.
Youth Commission Recruitment
1. Interviews will take place during a special meeting of the Selection Committee.
2. Staff will prepare and post an agenda in accordance with the Brown Act.
3. Staff will prepare a staff report listing the names of all applicants. (Applications will not be posted with the report due to the applicants being minors. However, redacted copies will be available for public inspection in the Clerk’s Office.)
ITEM NO. 9.
TITLE: Boards, Committees, and Commissions
Recruitment
PAGE:
4 of 6
PROCEDURE
NUMBER:
4. Staff will prepare interview binders for the Committee, which will include the Staff report, applications, standard questions, and an additional sheet for rating and/or notes.
5. The Mayor will determine the order in which the applicants will be asked questions.
D. Balloting Process
Annual and Mid-Year Recruitments
Unless determined otherwise, the Council shall conduct a ballot vote for the appointment of individuals to fill the vacancies for each Commission, with the exception of the Finance Commission and Youth Commission. Such a ballot vote may be conducted at either a regular, adjourned, or special meeting of the Town Council.
The ballot vote process shall be conducted as follows:
1. The Town Clerk or designee shall provide a ballot to each Town Council Member listing the names of all applicants and “None of the above” for each respective Commission.
Prior to the vote, the Town Clerk shall publicly announce the position vacancies to be filled and the maximum number of votes that may be cast for each commission.
2. In order for a candidate to be appointed, a majority vote (3 or more) must occur. In the event of a tie vote, a runoff will be held. Each Council Member may vote for the same number of applicants as there are current vacancies on the respective Commission. In no case can a Council Member cast more votes than there are vacancies, or vote for the same candidate more than once on each ballot (i.e., cumulative voting -- e.g., where there are three vacancies, a Council Member may not give all three votes to the same candidate). A Council Member is not required to vote for any of the candidates or for the total number of vacancies available.
3. The Town Clerk or designee shall collect all ballots and shall publicly announce the votes by stating each applicant’s name that received a vote, the number of votes received for the applicant, and the name of each Town Council Member that cast his or her vote for the applicant.
4. Applicants receiving a majority number of votes shall be deemed appointed to the Commission. In the case of a tie vote, the Town Clerk will announce the Commission seat with a tie vote and state that a run-off vote will be conducted. The run-off ballot will also include a “None of the above.” A run-off vote shall be conducted among the applicants receiving the highest number of votes from the previous round. Once all voting is concluded, the Town Clerk or designee will announce the votes in the same manner as stated above. In the event the run-off did not result in an appointment , the Council may determine an alternative method for selecting the appointee(s) or direct the Town Clerk to re-advertise the vacancy.
5. If an applicant is appointed to a Commission that has vacancies for both full and partial, unexpired terms, the length of the appointee’s term will be determined by the Mayor.
ITEM NO. 9.
TITLE: Boards, Committees, and Commissions
Recruitment
PAGE:
5 of 6
PROCEDURE
NUMBER:
Youth Commission Recruitment
Unless determined otherwise, the Selection Committee shall conduct a ballot vote for the recommended appointment of individuals to fill the Youth Commission vacancies, Such a ballot vote may be conducted at a noticed special meeting of the Selection Committee.
1. The Town Clerk or designee shall provide a ballot to each Town Council Member listing the names of all applicants.
2. In order for a candidate to be recommended for appointment they must receive a majority vote. In the event of a tie vote, a runoff will be held. Each Committee Member may vote for the same number of applicants as there are current vacancies on the Commission. In no case can a Member cast more votes than there are vacancies or vote for the same candidate more than once on each ballot (i.e., cumulative voting -- e.g., where there are three vacancies, a Council Member may not give all three votes to the same candidate).
3. The Town Clerk or designee shall collect all ballots and shall publicly announce the votes by stating each applicant’s name that received a vote, the number of votes received for the applicant, and the name of each Town Council Member that cast his or her vote for the applicant.
4. The applicants that received a majority of votes shall be recommended for appointment to the Commission.
E. Post-Interview
5. Annual and Mid-Year Recruitments
a. Notify all applicants and the Commission’s staff liaison of the Council’s action. b. Provide all appointed members with a link to the Commissioner Handbook. c. Provide a copy of the Code of Conduct to all newly appointed commissioners and require them to sign a statement affirming they have read and understand the Code of Conduct Policy.
d. Attend or watch a prerecorded orientation.
e. Administer the Oath of Office to all appointed commissioners prior to them attending their first meeting.
f. Send a Form 700 assuming office notification.
g. Update Commission rosters with the new members’ names and terms.
6. Youth Commission Recruitment
a. Notify all applicants and the staff liaison of the Committee’s decision. b. Prepare a staff report for Council ratification at the next available Council meeting. c. Notify appointed applicants of Council’s action.
d. Update Commission rosters with the new members’ names and terms.
APPROVED AS TO FORM:
_________
ITEM NO. 9.
TITLE: Boards, Committees, and Commissions
Recruitment
PAGE:
6 of 6
PROCEDURE
NUMBER:
Gabrielle Whelan, Town Attorney
ITEM NO. 9.
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/07/2025
ITEM NO: 10
DATE: October 2, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Repealing the General Plan Committee Enabling Resolution and Designating the Planning Commission to Hear Requests for General Plan and Specific Plan Amendments
RECOMMENDATION: Adopt a resolution repealing the enabling resolution that established the General Plan Committee and designate the Planning Commission to assume the duties of reviewing and making recommendations regarding General Plan and Specific Plan amendment requests.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
STRATEGIC PRIORITY:
This item is not associated with a specific strategic priority; however, it aligns with the Town’s core goal of good governance.
BACKGROUND:
The General Plan Committee (GPC) was established on May 4, 1998, to provide recommendations to the Planning Commission and Town Council on matters related to the General Plan or any Specific Plan. The GPC was also tasked with reviewing and reporting to the Planning Commission prior to any scheduled discussion regarding General Plan Amendment applications.
ITEM NO. 10.
PAGE 2 OF 3
SUBJECT: Adopt a Resolution Repealing the General Plan Committee Enabling Resolution and Designating the Planning Commission to Hear Requests for General Plan and Specific Plan Amendments
DATE: October 7, 2025
Earlier in the year, the GPC requested that an item be placed on a future agenda to evaluate the necessity of maintaining a separate advisory body, given the limited activity over the past several years.
In preparing for the item, staff conducted a review of the number of GPC meetings held between January 2021 and April 2025. Of the 73 regularly scheduled meetings during this period, 65 were canceled. Only 8 meetings were held, in addition to GPC participation in 9 General Plan Advisory Committee (GPAC) and 20 Housing Element Advisory Board (HEAB) meetings as part of the 2040 General Plan and 2023–2031 Housing Element updates.
Staff also conducted a survey of surrounding jurisdictions, including Campbell, Saratoga, and Los Altos, and found that in those communities, the Planning Commission is responsible for reviewing General Plan and Specific Plan amendments. This governance model consolidates review authority and streamlines permit processing.
At its meeting on May 14, 2025, the GPC discussed whether to retain the GPC or consolidate its duties under the Planning Commission. After deliberation, the GPC voted unanimously to recommend to the Town Council the dissolution of the General Plan Committee and encouraged the continued use of citizen committees, as needed, that include members of the general public.
DISCUSSION:
Disbanding the GPC would allow for improved efficiency in processing requests for General Plan and Specific Plan amendments and reduce duplicative efforts by consolidating responsibilities within the Planning Commission.
This action would also result in resource savings by eliminating the need for:
Preparing and posting public hearing notices specific to GPC meetings; Staff time spent drafting and reviewing reports for GPC consideration; and Staff time attending Committee meetings.
The Planning Commission currently possesses the necessary expertise and procedural framework to assume the duties previously assigned to the GPC. As demonstrated by other local municipalities, this approach aligns with standard practices in similar jurisdictions.
This resolution would formally repeal the General Plan Committee’s enabling resolution and designate the Planning Commission as the reviewing body for General Plan and Specific Plan amendments.
ITEM NO. 10.
PAGE 3 OF 3
SUBJECT: Adopt a Resolution Repealing the General Plan Committee Enabling Resolution and Designating the Planning Commission to Hear Requests for General Plan and Specific Plan Amendments
DATE: October 7, 2025
CONCLUSION:
Staff recommends adopting the attached resolution to disband the GPC and designate the Planning Commission to hear and make recommendations on General Plan and Specific Plan amendments. This action supports efficient government operations and aligns with regional best practices.
COORDINATION:
This report was prepared in coordination with the Community Development Department, the Town Attorney’s Office, and the Town Manager’s Office.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ATTACHMENTS:
1. Draft Resolution
ITEM NO. 10.
1 of 2
Resolution 20 - Council Meeting Date
ATTACHMENT 1
RESOLUTION 20 -xx
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING RESOLUTION 2021-042, DISSOLVING THE GENERAL PLAN COMMITTEE, AND
DESIGNATING THE PLANNING COMMISSION TO HEAR AND MAKE
RECOMMENDATIONS ON GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS WHEREAS, the General Plan Committee (GPC) was established by the Town Council of the Town of Los Gatos to provide recommendations to the Planning Commission and Town Council on matters related to the General Plan and Specific Plans; and WHEREAS, the GPC was originally established to support long-range planning efforts, including review of proposed General Plan amendments, and to promote community participation in shaping the Town’s land use policies; and WHEREAS, the GPC has experienced limited activity in recent years, holding only 8 regular meetings between January 2021 and April 2025,
WHEREAS, other local jurisdictions do not maintain a separate GPC, and instead designate the Planning Commission to review and make recommendations on General Plan and Specific Plan amendments; and
WHEREAS, consolidating this function under the Planning Commission is expected to improve procedural efficiency, eliminate duplication of effort, and streamline the review process; and
WHEREAS, at its meeting on May 14, 2025, the GPC voted unanimously to recommend to the Town Council that the Committee be dissolved and encouraged the continued use of ad hoc citizen committees, as needed, that include members of the general public; and WHEREAS, the Planning Commission has the expertise, procedural framework, and existing role to assume these duties and ensure continued compliance with state and local planning requirements.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby declare, determine, and order that:
1. Resolution 2021-042 and all other preceding enabling resolutions are hereby repealed in their entirety, thereby dissolving the GPC.
ITEM NO. 10.
2 of 2
Resolution 20 - Council Meeting Date
ATTACHMENT 1
2. The Planning Commission is hereby designated as the reviewing body for all requests related to General Plan Amendments and Specific Plan Amendments, and shall provide recommendations to the Town Council, as required by law and municipal code.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7
th day of October, 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
ITEM NO. 10.
PREPARED BY: Erin M. Walters
Senior Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/07/2025
ITEM NO: 11
DATE: October 2, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Introduce an Ordinance Amending Planned Development Ordinance 2025 to Allow Modifications to Building E; Adopt a Resolution Approving an Architecture and Site Application for Exterior Modifications to an Existing Commercial Building in the University/Edelen Historic District, and a Conditional Use Permit for Formula Retail Over 10,000 Square Feet and for a Restaurant with Alcohol Service on Property Zoned C-2:LHP:PD. Located at 31 University Avenue. APN 529-02-044. Planned Development Modification Application PD-25-001, Architecture and Site Application S-25-004, and Conditional Use Permit Application U-25-001. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities. Property Owner: SRI Old Town, LLC. Applicant: Rick Nelson, MBH Architects. Project Planner: Erin Walters.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Planned Development Ordinance 2025 to Allow Modifications to Building E at 50 University Avenue (Old Town Center).
RECOMMENDATION: Accept the Planning Commission’s recommendation and introduce a an ordinance modifying Planned Development Ordinance 2025 to allow modifications to Building E, and adopt a Resolution approving the Architecture and Site application for exterior modifications to an existing commercial building in the University/Edelen Historic District, and the Conditional Use Permit application for formula retail over 10,000 square feet and for a restaurant with alcohol service on property zoned C-2:LHP:PD, located at 31 University Avenue.
ITEM NO. 11.
PAGE 2 OF 5
SUBJECT: 31 University Avenue/PD-25-001, S-25-004, and U-25-001 DATE: October 2, 2025
FISCAL IMPACT:
There is no fiscal impact associated with this action. Approving the Architecture and Site, and Conditional Use Permit (CUP) applications and modifying a Planned Development Ordinance does not in itself result in an impact on the Town’s budget.
STRATEGIC PRIORITY:
The proposed project aligns with the adopted Core Goal of Community Character and the Strategic Priority to foster the economic vitality of businesses in Town.
BACKGROUND:
The subject property is located on the west side of University Avenue at the intersection of Elm Street and University Avenue (Attachment 4, Exhibit 1). The subject of this application is one of the Old Town commercial center buildings, referred to as Building E, in the adopted Planned Development (PD) Ordinance 2025 (Attachment 4, Exhibit 3). Building E consists of a 15,957- square-foot vacant tenant space, which was previously demised into two separate units:
A 7,233-square-foot restaurant space formerly occupied by Steamer’s restaurant. An 8,724-square-foot retail space formerly occupied by The Gap, a clothing retail store.
In December 1996, the Town Council adopted PD Ordinance 2025, amending the zoning ordinance effecting a zone change from C-2:LHP to C-2:LHP:PD at 50 University Avenue, Old Town commercial center (Attachment 4, Exhibit 3). PD Ordinance 2025 authorized the redevelopment of Old Town, including the construction of several new buildings, among them Building E. The construction of Building E was completed in 1999.
In January 2023, the clothing retail store, The Gap, ceased operations, and the restaurant, Steamer’s, closed in December 2024. Both tenant spaces in Building E have remained vacant since their respective closures.
In January 2025, the applicant, applied for a modification to the existing PD Ordinance to allow modifications to Building E, an Architecture and Site application for exterior modifications to the existing commercial building, and a CUP for a formula retail use over 10,000 square feet with a restaurant use with alcohol service.
The Town Council serves as the final decision-making body for the PD Amendment, Architecture and Site, and CUP applications. The applicant has provided a Project Description and Letter of Justification (Attachment 4, Exhibit 15), and proposed Development Plans (Attachment 4, Exhibit 20).
ITEM NO. 11.
PAGE 3 OF 5
SUBJECT: 31 University Avenue/PD-25-001, S-25-004, and U-25-001 DATE: October 2, 2025
DISCUSSION:
A. Project Summary:
The applicant is requesting approval for a modification to the existing PD Ordinance to allow modifications to Building E, an Architecture and Site application for exterior modifications to the existing commercial building, and a CUP for a formula retail use over 10,000 square feet with a restaurant with alcohol service in an existing tenant space. The proposed project occupies existing tenant spaces, and no additional square footage is proposed.
When reviewing a CUP, the deciding body should consider the information in the applicant’s business plan; however, the key consideration should be the proposed use since the business plan can change from owner to owner. The CUP runs with the land, and the deciding body should review the application based on the use described in the recommended Conditions of Approval (Attachment 3, Exhibit B) as opposed to the applicant’s business plan.
Full discussion and analysis of the project is provided in the August 27, 2025, Planning Commission Staff Report, included as Attachment 4.
B. Historic Preservation Committee:
The Old Town Commercial Center is located within the University-Edelen Historic District, and any exterior modifications to buildings within the district are subject to review by the Historic Preservation Committee (HPC).
On February 26, 2025, the HPC reviewed the proposed exterior modifications to Building E, continued the item for further consideration, and provided feedback to the applicant’s team (Attachment 4, Exhibits 7, 8, 9, and 10).
On March 26, 2025, the HPC reconsidered the item and forwarded a recommendation of denial to the Planning Commission, as they were not able to make the findings for approving applications in historic districts (Attachment 4, Exhibits 11, 12, 13, and 14). HPC’s review does not include consideration of the CUP application as that is outside of their purview.
C. Planning Commission:
On August 27, 2025, the Planning Commission received the staff report, addendum, desk item, the applicant’s presentation, and public comments on the proposed project (Attachments 4 through 6).
ITEM NO. 11.
PAGE 4 OF 5
SUBJECT: 31 University Avenue/PD-25-001, S-25-004, and U-25-001 DATE: October 2, 2025
After further review of the project, staff revised their recommendation to the Planning Commission from denial to approval of the CUP component of the project while forwarding the HPC’s recommendation of denial of the PD Amendment and Architecture and Site components.
The Planning Commission voted to forward a recommendation to the Council to approve the project.
PUBLIC COMMENTS:
Consistent with the Town’s Height Pole, Flagging, Netting, and Signage Policy, a project sign was installed on the site on September 17, 2025. Additionally, notice cards for the Town Council meeting were mailed to all property owners and residents within 300 feet, a legal advertisement was published in the newspaper, and meeting agendas were posted at Town Hall and the Library.
Public comments received between 11:01 a.m., Wednesday, August 27, 2025, and 11:00 a.m., Thursday, October 2, 2025, are included as Attachment 8.
CONCLUSION:
Staff recommends introducing an ordinance amending the existing PD Ordinance 2025 to allow modifications to Building E, and an Architecture and Site application for exterior modifications to the existing one-story commercial building located in the Old Town commercial center within the University-Edelen Historic District. In addition, the applicant requests approval of a CUP application to allow for formula retail use over 10,000 square feet (home furnishings store) with a restaurant use with alcohol service in the C-2:LHP:PD zone.
As detailed above, on March 26, 2025, the HPC reviewed the proposed exterior modifications and forwarded a recommendation of denial to the Planning Commission, as they were not able to make the findings for approving applications in historic districts. On August 27, 2025, the Planning Commission forwarded a recommendation of approval of the project to the Town Council.
RECOMMENDATION:
Staff recommends that the Town Council take the following actions:
1. Introduce an ordinance effecting the zone change (Attachment 1);
2. Adopt the resolution making the required findings and considerations to approve the Architecture and Site and Conditional Use Permit applications (Attachment 3); and
3. Approve Planned Development application PD-25-001 to introduce the Planned Development Ordinance (Attachment 1); approve Architecture and Site application SPage 113 ITEM NO. 11.
PAGE 5 OF 5
SUBJECT: 31 University Avenue/PD-25-001, S-25-004, and U-25-001 DATE: October 2, 2025
25-004 and Conditional Use Permit application U-25-001 inclusive of the recommended Conditions of Approval included as Exhibits A and B of Attachment 3, and the development plans included as Exhibit 20 of Attachment 4.
ALTERNATIVES:
Alternatively, the Council can:
1. Approve the applications with additional and/or modified conditions; or
2. Continue the matter to a date certain with specific direction; or
3. Deny the applications and make the required findings for denial.
COORDINATION:
This report was coordinated with the offices of the Town Manager and Town Attorney.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA, but is Categorically Exempt, Section 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area. A Notice of Exemption will not be filed.
ATTACHMENTS:
1. Draft Planned Development Ordinance (Clean)
2. Draft Planned Development Ordinance (Redline)
3. Draft Resolution making the required findings and approving the applications subject to the Conditions of Approval (included as Exhibit A and Exhibit B)
4. August 27, 2025, Planning Commission Staff Report, with Exhibits 1 through 21
5. August 27, 2025, Planning Commission Addendum, with Exhibit 22
6. August 27, 2025, Planning Commission Desk Item, with Exhibit 23
7. August 27, 2025, Planning Commission Verbatim Minutes
8. Public comments received between 11:01 a.m., Wednesday, August 27, 2025, and 11:00 a.m., Thursday, October 2, 2025
ITEM NO. 11.
This Page
Intentionally
Left Blank
ITEM NO. 11.
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING PLANNED DEVELOPMENT ORDINANCE 2025
TO ALLOW MODIFICATIONS TO BUILDING E
AT 50 UNIVERSITY AVENUE (OLD TOWN CENTER).
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
WHEREAS, on December 16, 1996, the Town Council adopted Planned Development (PD) Ordinance 2025, amending the zoning ordinance effecting a zone change from C-2:LHP (Commercial Business District, Landmark and Historic Preservation Overlay Zone) to C-2:LHP:PD (Commercial Business District, Landmark and Historic Preservation Overlay Zone, Planned Development) at 50 University Avenue, Old Town commercial center; and WHEREAS, The PD Ordinance 2025 authorized the redevelopment of Old Town commercial center, including the construction of several new buildings, among them Building E; and
WHEREAS, the construction of Building E, located in the Old Town commercial center, was completed in 1999; and
WHEREAS, in January 2025, the applicant, RH, applied for a modification to the existing PD Ordinance to allow modifications to Building E; and
WHEREAS, the Historic Preservation Committee held a public meeting on February 26, 2025, at which time the Committee reviewed the proposed exterior modifications to Building E, continued the item for further consideration, and provided feedback to the applicant’s team; and WHEREAS, the Historic Preservation Committee held a public meeting on March 26, 2025, at which time the Committee reconsidered the proposed exterior modifications to Building E and forwarded a recommendation of denial to the Planning Commission as they were not able to make the findings for approving applications in historic districts; and WHEREAS, the Planning Commission held a duly noticed public hearing on August 27, 2025, at which time the Commission considered the public testimony, the Staff Report prepared for that meeting, and all other documentation related to the PD Amendment, made findings and forwarded a recommendation of approval to the Town Council; and WHEREAS, the amendments are consistent with the General Plan and its Elements; and WHEREAS, the amendments are consistent with Chapter 29, “Zoning Regulations” of the Town Code.
Draft Ordinance to be
modified by Town
Council deliberations
and direction.
ATTACHMENT 1
ITEM NO. 11.
NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Los Gatos as follows:
SECTION I. Findings.
The Town Council of the Town of Los Gatos does hereby declare, determine, and order that the following findings are made by the Town Council of the Town of Los Gatos:
Finding for the California Environmental Quality Act (CEQA):
1. The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Sections 15301: Existing Facilities.
No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area.
Finding for Compliance with the Town Code for granting a Planned Development Overlay Zone:
As required by Section 29.80.095 of the Town Code for granting a Planned Development Overlay Zone, the proposed amendment:
1. Is consistent with Chapter 29, Article VIII, Division 2 of the Town Code in that it meets the purpose and intent of a Planned Development Overlay Zone;
2. Is in conformance with the goals, policies, and applicable land use designations and standards of the Town’s General Plan, including but not limited to Policy LU-1.4;
3. Is in conformance with all other applicable provisions of the Town Code, including Town Council adopted guidelines, except as otherwise modified through the Planned Development process; and
4. Includes development standards or uses that deviate from the underlying zoning in a way that results in innovative site planning and provides public benefit to the citizens of the Town by providing additional dining opportunities, availability of goods and services, and tax revenue.
Finding for consistency with the Town’s General Plan:
1. That the amendment to the Planned Development Overlay is consistent with the General Plan and its Elements, including but not limited to Policy LU-1.4; and that the amendment to the Planned Development Overlay zoning is consistent with the existing General Plan designation.
SECTION II. Planned Development Overlay Zone.
The Town Code of the Town of Los Gatos is hereby amended to change zoning on property located at 50 University Avenue (APN 529-02-044) as shown on the map attached hereto as
ITEM NO. 11.
Exhibit A, as and is part of this Ordinance, from C-2:LHP:PD to C-2:LHP:PD. Ordinance 2025, passed and adopted by the Town Council of Los Gatos on December 16, 1996, remains in effect with the following amendments to Performance Standard 15 of Section V of Ordinance 2025:
15. BUILDING E. During the architecture and site approval process Building E shall be modified as follows:
a. Open up the center pathway. Building could be moved closer to the South property line to increase width of pathway.
b. Provide more variety in the buildings.
SECTION III. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION IV. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION V. Publication.
The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
SECTION VI. Effective Date.
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ITEM NO. 11.
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 11.
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING PLANNED DEVELOPMENT ORDINANCE 2025
TO ALLOW MODIFICATIONS TO BUILDING E
AT 50 UNIVERSITY AVENUE (OLD TOWN CENTER).
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
WHEREAS, on December 16, 1996, the Town Council adopted Planned Development (PD) Ordinance 2025, amending the zoning ordinance effecting a zone change from C-2:LHP (Commercial Business District, Landmark and Historic Preservation Overlay Zone) to C-2:LHP:PD (Commercial Business District, Landmark and Historic Preservation Overlay Zone, Planned Development) at 50 University Avenue, Old Town commercial center; and WHEREAS, The PD Ordinance 2025 authorized the redevelopment of Old Town commercial center, including the construction of several new buildings, among them Building E; and
WHEREAS, the construction of Building E, located in the Old Town commercial center, was completed in 1999; and
WHEREAS, in January 2025, the applicant, RH, applied for a modification to the existing PD Ordinance to allow modifications to Building E; and
WHEREAS, the Historic Preservation Committee held a public meeting on February 26, 2025, at which time the Committee reviewed the proposed exterior modifications to Building E, continued the item for further consideration, and provided feedback to the applicant’s team; and WHEREAS, the Historic Preservation Committee held a public meeting on March 26, 2025, at which time the Committee reconsidered the proposed exterior modifications to Building E and forwarded a recommendation of denial to the Planning Commission as they were not able to make the findings for approving applications in historic districts; and WHEREAS, the Planning Commission held a duly noticed public hearing on August 27, 2025, at which time the Commission considered the public testimony, the Staff Report prepared for that meeting, and all other documentation related to the PD Amendment, made findings and forwarded a recommendation of approval to the Town Council; and WHEREAS, the amendments are consistent with the General Plan and its Elements; and WHEREAS, the amendments are consistent with Chapter 29, “Zoning Regulations” of the Town Code.
Draft Ordinance to be
modified by Town
Council deliberations
and direction.
ATTACHMENT 2
ITEM NO. 11.
NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Los Gatos as follows:
SECTION I. Findings.
The Town Council of the Town of Los Gatos does hereby declare, determine, and order that the following findings are made by the Town Council of the Town of Los Gatos:
Finding for the California Environmental Quality Act (CEQA):
1. The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Sections 15301: Existing Facilities.
No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area.
Finding for Compliance with the Town Code for granting a Planned Development Overlay Zone:
As required by Section 29.80.095 of the Town Code for granting a Planned Development Overlay Zone, the proposed amendment:
1. Is consistent with Chapter 29, Article VIII, Division 2 of the Town Code in that it meets the purpose and intent of a Planned Development Overlay Zone;
2. Is in conformance with the goals, policies, and applicable land use designations and standards of the Town’s General Plan, including but not limited to Policy LU-1.4;
3. Is in conformance with all other applicable provisions of the Town Code, including Town Council adopted guidelines, except as otherwise modified through the Planned Development process; and
4. Includes development standards or uses that deviate from the underlying zoning in a way that results in innovative site planning and provides public benefit to the citizens of the Town by providing additional dining opportunities, availability of goods and services, and tax revenue.
Finding for consistency with the Town’s General Plan:
1. That the amendment to the Planned Development Overlay is consistent with the General Plan and its Elements, including but not limited to Policy LU-1.4; and that the amendment to the Planned Development Overlay zoning is consistent with the existing General Plan designation.
SECTION II. Planned Development Overlay Zone.
The Town Code of the Town of Los Gatos is hereby amended to change zoning on property located at 50 University Avenue (APN 529-02-044) as shown on the map attached hereto as
ITEM NO. 11.
Exhibit A, as and is part of this Ordinance, from C-2:LHP:PD to C-2:LHP:PD. Ordinance 2025, passed and adopted by the Town Council of Los Gatos on December 16, 1996, remains in effect with the following amendments to Performance Standard 15 of Section V of Ordinance 2025:
15. BUILDING E. During the architecture and site approval process Building E shall be modified as follows:
a. Open up the center pathway. Building could be moved closer to the South property line to increase width of pathway.
b. Design structure so that it appears to be a collective of individual structures that abut each other.
c. The roof design shall be reflective of the individual structures (break-up rooflines). d. Corner tower shall be redesigned into a clipped corner design. e. Provide more variety in the buildings.
SECTION III. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION IV. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION V. Publication.
The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
SECTION VI. Effective Date.
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:
COUNCIL MEMBERS:
ITEM NO. 11.
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 11.
1 of 4
Resolution 20 - Council Meeting Date
RESOLUTION 2025 -xx
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AN
ARCHITECTURE AND SITE APPLICATION FOR EXTERIOR MODIFICATIONS TO AN EXISTING COMMERCIAL BUILDING IN THE UNIVERSITY/EDELEN HISTORIC DISTRICT; AND A CONDITIONAL USE PERMIT FOR FORMULA RETAIL OVER 10,000 SQUARE FEET AND FOR A RESTAURANT WITH ALCOHOL SERVICE ON PROPERTY ZONED C-2:LHP:PD.
LOCATED AT 31 UNIVERSITY AVENUE.
WHEREAS, the subject property is located on the west side of University Avenue at the intersection of Elm Street and University Avenue and is one of the Old Town commercial center buildings, referred to as Building E in the adopted Planned Development (PD) Ordinance 2025; and
WHEREAS, the subject property is developed with Building E consisting of a 15,957- square foot vacant tenant space, which was previously demised into two separate units: a 7,7233-square foot restaurant space formerly occupied by Steamer’s restaurant; and an 8,724- square foot retail space formerly occupied by The Gap, a retail clothing store; and WHEREAS, the applicant, RH, requests approval of an Architecture and Site application for exterior modifications to the existing commercial building, and a Conditional Use Permit (CUP) for a formula retail use over 10,000 square feet and a restaurant use with alcohol service; and
WHEREAS, The Old Town commercial center is located within the University-Edelen Historic District, and any exterior modifications to buildings within a district are subject to review by the Historic Preservation Committee; and
WHEREAS, the Historic Preservation Committee held a public meeting on February 26, 2025, at which time the Committee reviewed the proposed exterior modifications to Building E, continued the item for further consideration, and provided feedback to the applicant’s team; and
WHEREAS, the Historic Preservation Committee held a public meeting on March 26, 2025, at which time the Committee reconsidered the proposed exterior modifications to Building E and forwarded a recommendation of denial to the Planning Commission as they were not able to make the findings for approving applications in historic districts; and WHEREAS, the Planning Commission held a duly noticed public hearing on August 27, 2025, at which time the Commission considered the public testimony, the Staff Report prepared for that meeting, and all other documentation related to the Architecture and Site and Conditional Use Permit applications, made findings, and forwarded a recommendation of approval to the Town Council; and
WHEREAS, this matter came before the Town Council for public hearing on October 7, Draft Resolution to
be modified by Town
Council deliberations
and direction.
ATTACHMENT 3
ITEM NO. 11.
2 of 4
Resolution 20 - Council Meeting Date
2025, and was regularly noticed in conformance with State and Town law; and WHEREAS, the Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on October 7, 2025, along with any and all subsequent reports and materials prepared concerning this application.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos does hereby declare, determine, and order that the following findings are made by the Town Council of the Town of Los Gatos:
Finding for the California Environmental Quality Act (CEQA):
1. The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Sections 15301: Existing Facilities. No significant effect on the environment will occur since the project uses an existing structure with no increase in floor area.
Finding for compliance with the Zoning Regulations:
1. The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations).
Finding for a Conditional Use Permit:
1. As required by Section 29.20.190(a) of the Town Code for granting a Conditional Use Permit:
i. The proposed uses of the property are essential or desirable to the public convenience or welfare in that it provides a bespoke dining and shopping experience, which will be desirable to both residents and visitors as a destination within Los Gatos; ii. The proposed uses will not impair the integrity and character of the zone since it is a commercial use located in a commercial zone. Further, the Proposed Project is consistent with the Commercial Design Guidelines for C-2A zones and as a noncontributing structure within a historic district. The proposed project maintains the existing building’s massing and density, reimagines the existing façade variation, and maintains the pedestrian pass-through along the southern wall; iii. The proposed uses would not be detrimental to public health, safety, or general welfare the proposed formula retail use and restaurant use with the selling of alcoholic beverages for consumption on-premises, represent no change from the current uses of the most recent tenants at the existing building (Gap and Steamer’s), and would not be detrimental to public health, safety, and general welfare; and
ITEM NO. 11.
3 of 4
Resolution 20 - Council Meeting Date
iv. The proposed uses of the property are in harmony with the various elements or objectives of the General Plan and the purposes of this chapter as they contribute to the variety of commercial uses in the Central Business District and meet the goals and policies of the 2040 General Plan (2020 Land Use and Community Development Elements).
Finding for a Conditional Use Permi for a Formal Retail Business Greater than Ten Thousand (10,000) Square Feet:
1. As required by Section 29.20.190 (b) of the Town Code the deciding body on the basis of evidence submitted at the hearing, may deny a Conditional Use Permit formal retail business greater than ten thousand (10,000) square feet of any of the following findings are made: None of the findings can be made to deny the application.
Instead, the Town Council makes the following affirmative findings:
i. The proposed use of the property is in harmony with specific provisions or objectives of the general plan and the purposes of this chapter;
ii. The proposed use will not detract from the existing balance and diversity of business in the commercial district in which the use is proposed to be located; iii. The proposed use would not create an over-concentration of similar types of businesses, or
iv. The proposed use will not detract from the existing land use mix and high urban design standards including uses that promote continuous pedestrian circulation and economic vitality.
Finding for Approving Applications in Historic Districts:
1. As required by Section 29.80.290(2) of the Town Code in evaluating applications in historic districts, the deciding body shall consider the architectural style, design, arrangement, textures, materials, and color, and any other pertinent factors. Applications shall not be granted unless the following findings can be made:
In historic districts, the proposed work will neither adversely affect the exterior architectural characteristics of other features of the property, which is the subject of the application, nor adversely affect its relationship, in terms of harmony and appropriateness, with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural, or aesthetic interest or value of the district.
Findings for compliance with the Commercial Design Guidelines:
1. The proposed modifications are consistent with applicable provisions of the Commercial Design Guidelines.
ITEM NO. 11.
4 of 4
Resolution 20 - Council Meeting Date
Required considerations in review of Architecture and Site applications:
1. As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project.
NOW, THEREFORE, BE IT FURTHER RESOLVED that, upon the effective date of the ordinance amending the PD Overlay Zone, the Town Council of the Town of Los Gatos approves the Architecture and Site application for exterior modifications to an existing commercial building in the University/Edelen Historic District; and the Conditional Use Permit for formula retail over 10,000 square feet and for a restaurant with alcohol service on property zoned C2:LHP:PD located at 31 University Avenue, subject to the attached Conditions of Approval (Exhibit A and B).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7
th day of October, 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
ITEM NO. 11.
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ITEM NO. 11.
C:\Users\MeetingsOfficeUser14\AppData\Local\Temp\tmp2D70.tmp TOWN COUNCIL – October 7, 2025
CONDITIONS OF APPROVAL
31 University Avenue
Architecture Site Application S-25-004
Consider a Request for Approval for Modification of Planned Development Ordinance 2025 to Allow Modifications to Building E, an Architecture and Site Application for Exterior Modifications to an Existing Commercial Building in the University/Edelen Historic District, and a Conditional Permit for Formula Retail over 10,000 square feet and for a Restaurant with Alcohol Service on a Property Zoned C-2:LHP:PD. APN 529-02-044. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities.
Property Owner: SRI Old Town, LLC
Applicant: Rick Nelson, MBH Architects
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 and in substantial compliance with the approved plans. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, DRC, or the Planning Commission depending on the scope of the changes.
2. EXPIRATION: The 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 per Section
29.20.335 of the Town Code. Reasonable extensions of time not exceeding one year may be granted upon application, and can be granted if approved by the deciding body prior to the expiration date. Therefore, it is recommended that applications for a time extension be filed with the Community Development Department at least 60 days prior to the expiration date of the approval.
3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security.
4. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit.
5. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site.
6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations identified in the Arborist’s report for the project, on file in the Community Development Department. These recommendations must be incorporated in the building permit plans and completed prior to issuance of a building permit where applicable.
7. TREE FENCING: Protective tree fencing and other protection measures shall be placed at the drip line of existing trees prior to issuance of demolition and building permits and shall remain through all phases of construction. Include a tree protection plan with the
EXHIBIT A
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C:\Users\MeetingsOfficeUser14\AppData\Local\Temp\tmp2D70.tmp construction plans.
8. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
9. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped.
10. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review.
11. DEMOLITION AFFIDAVIT: Prior to issuance of a building permit, a demolition affidavit must be submitted and signed by the property owner, project architect, project engineer and contractor.
12. PROJECT IDENTIFICATION SIGNAGE: Story poles and/or project identification signage on the project site shall be removed within 30 days of approval of the Architecture and Site application.
13. 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 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.
14. COMPLIANCE MEMORANDUM: A memorandum, in compliance with standard Town practice, shall be prepared and submitted with the building permit detailing how the conditions of approval will be addressed.
Building Division
15. PERMITS REQUIRED: A Building Permit is required for the renovation of two existing
ITEM NO. 11.
C:\Users\MeetingsOfficeUser14\AppData\Local\Temp\tmp2D70.tmp commercial tenant spaces.
16. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2023, are the 2022 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12, including locally adopted Energy Reach Codes.
17. CONDITIONS OF APPROVAL: The Conditions of Approval must be included on plan sheets within the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed.
18. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building Division before submitting the building permit application.
19. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
20. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be directly printed onto a plan sheet.
21. SITE ACCESSIBILITY: At least one accessible route within the site boundary shall be provided from public transportation stops, accessible parking, accessible passenger loading zones, and public streets or sidewalks to the accessible building entrance that they serve. The accessible route shall, to the maximum extent feasible, coincide with the route for the general public. At least one accessible route shall connect all accessible buildings, facilities, elements, and spaces that are on the same site.
22. ACCESSIBLE PARKING: The parking lots and parking structure, where parking is provided for the public as clients, guests, or employees, shall provide accessible parking. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In buildings with multiple accessible entrances and adjacent parking, accessible parking spaces shall be dispersed and located as close as possible to the accessible entrances.
23. BACKWATER VALVE: As required by Town Ordinance 6.40.020, provide details for any required sanitary sewer backwater valve on the plans, including its location. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) require backwater valves on drainage piping serving fixtures that have flood level rims less than 12 inches above the elevation of the next upstream manhole.
24. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.
25. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the Architect or Engineer of Record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the Building Permit. The Town Special Inspection form must be completely filled out and signed by all requested parties prior to permit issuance. Special Inspection forms are available online at www.losgatosca.gov/building.
26. CONSTRUCTION BEST MANAGEMENT PRACTICES (BMPs): The Town standard West Valley Clean Water Authority Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be part of the plan submittal. The specification sheet is available online at www.losgatosca.gov/building.
27. APPROVALS REQUIRED: The project requires the following departments and agencies' approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874
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C:\Users\MeetingsOfficeUser14\AppData\Local\Temp\tmp2D70.tmp b. Engineering/Parks & Public Works Department: (408) 399-5771 c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Santa Clara County Environmental Health Department: (408) 918-3479 f. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
THE FOLLOWING CONDITIONS SHALL BE ADDRESSED OR NOTED ON THE CONSTRUCTION PLANS
SUBMITTED FOR ANY BUILDING OR GRADING PERMIT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.
28. PAYMENT OF PARKS AND PUBLIC WORKS (“PPW”) ENGINEERING PLAN CHECK FEE AND INSPECTION FEE – At the time of the first construction submittal, the Applicant shall submit for approval an off-site construction plan and a detailed construction project cost estimate prepared and stamped by the Applicant’s civil engineer for improvements outside of the building. The cost estimate shall break out off-site improvements separately. This cost estimate will be used to determine the Encroachment Permit Fee per the Town’s adopted fee schedule in effect at the time application is made. A final construction cost estimate shall be provided once the project plans are approved. This cost estimate will be used to determine if any additional encroachment permit fee is due.
This adjustment fee, if any must be paid prior to the issuance of any construction related permit. The applicant shall not be eligible for any refund, even if the engineer’s estimate is reduced in subsequent submittals. The Town Engineer, at his or her sole discretion, may require different unit prices be used in the engineering cost estimate.
29. PUBLIC IMPROVEMENTS – Prior to the issuance of any building permit and prior to any work being done in the Town's right of way, the Applicant must submit Public Improvement Plans for review and approval through an Encroachment Permit application with the Town. All public improvements shall be made according to the Town’s latest adopted Standard Plans, Standard Specifications, Engineering Design Standards, and the Entitled Plan Set. The Applicant is required to confirm the location of existing utility lines along the project frontage by potholing, as necessary. Prior to any potholing, Applicant shall submit a separate encroachment permit application with a pothole plan for Town review and approval. The Applicant shall provide the pothole results to the Town Engineer prior to final design. All existing public utilities shall be protected in place and, if necessary, relocated as approved by the Town Engineer. No private facilities are permitted within the Town right of way or within any easement unless otherwise approved by the Town Engineer. The Applicant shall have Public Improvement Plans prepared, stamped, and signed by a California licensed civil engineer. a. Once the Public Improvement Plans have been approved and all fee have been paid, the Town will issue an Encroachment Permit. The Encroachment Permit requires the Applicant to post the required bonds and insurance and provide a one (1) year warranty for all work to be done in the Town's right of way or Town easement. New
ITEM NO. 11.
C:\Users\MeetingsOfficeUser14\AppData\Local\Temp\tmp2D70.tmp concrete shall be free of stamps, logos, names, graffiti, etc. Any new concrete installed that is damaged shall be removed and replaced at the Contractor’s sole expense. The Applicant shall include with their encroachment permit application a temporary traffic control plan (“TTCP”) inclusive of all modes of travel for any lane or sidewalk closures.
Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. The TTCP shall comply with the State of California Manual of Uniform Traffic Control Devices (“MUTCD”) and standard construction practices.
b. The project engineer shall notify the Town Engineer in writing of any proposed changes. Any proposed changes to the approved plans shall be subject to the approval of the Town. The Applicant shall not commence any work deviating from the approved plans until such deviations are approved. Any approved and constructed changes shall be incorporated into the final “as-built” plans.
c. Right-of-way improvements shall include, at a minimum, the following items:
i. STREET TREES - The Applicant shall plant at least one (1) street tree along the project frontage as shown on the entitled plan set. The street tree plans shall be per Town Standard Drawings and must include Town Standard tree grates as shown on Sheet T-1C of the approved plans.
ii. TREE GRATES – The Applicant shall install at least one (1) Town Standard Tree Grates as shown on Sheet T-1C of the approved plans. Tree grates shall be 4’x6’, black power coated model OT-T24 by Urban Accessories, or approved equal. The tree grates shall be shown on the improvement plans to be located at the back of curb to the approval of the Town Engineer and shall be installed with the street trees prior to the first occupancy. STREET MARKINGS - The Applicant shall install necessary street markings of a material and design approved by the Town Engineer and replace any that are damaged during construction. These include but are not limited to all pavement markings, parking stall markings, painted curbs, and handicap markings. All permanent pavement markings shall be thermoplastic and comply with Caltrans Standards. Color and location of painted curbs shall be shown on the plans and are subject to approval by the Town Engineer. Any existing painted curb or pavement markings no longer required shall be removed by grinding if thermoplastic, or sand blasting if in paint. iii. SIDEWALK - The Applicant shall replace to existing Town standards all sidewalk on the east and north side of the project site. The actual amount of sidewalk to be replaced shall be determined by the Public Works Construction Inspector in the field prior to construction. Sidewalk replacement shall be constructed per the Town Standard Drawings. Sidewalk work in the Villa Hermosa area shall comply with the Villa Hermosa Style per Standard Plan Nos. ST-224 and ST-225 and as modified in the approved entitlement plans.
iv. CURB RAMP(S) - The Applicant shall re-construct one (1) curb ramp in accordance with the latest Caltrans State Standard Drawing at the corner of University Avenue and Elm Street. The actual ramp "Case" shall be identified on the plans and shall be to the approval of the Town Engineer. v. CURB AND GUTTER - The Applicant shall replace to existing Town standards all new curb and gutter shown replaced on Sheet C4.0 of the entitled plan set as
ITEM NO. 11.
C:\Users\MeetingsOfficeUser14\AppData\Local\Temp\tmp2D70.tmp determined by the Public Works Construction Inspector in the field prior to construction. New curb and gutter shall be constructed per the Town Standard Drawing ST-210 (Vertical).
vi. BICYCLE PARKING – The Applicant shall provide at least two (2) short-term inverted “U” type bicycle racks on-site to the approval of the Town Engineer. vii. STORM WATER CATCH BASIN(S) - The Applicant shall repair the curb at the storm water catch basin located on University Avenue near the intersection of University Avenue and Elm Street in accordance with the Town Standard Drawing.
viii. STREET LIGHT(S)
1. The Applicant shall relocate two (2) post top street light(s) per sheet A004 of the entitled plan set per Town Standard Drawing EL-6 to El-7. The Applicant is responsible for all PG&E service fees and hook-up charges. Any new service point connection required to power the new lights shall be shown on the construction drawings along with the conduit, pull boxes and other items necessary to install the street lights. An Isometric lighting level needs to be provided by the designer/contractor. A separate light study may be required by the Town Engineer. The light fixtures shall be Holophane Granville GVP2 series, with 100 Watt power, Black finish, Modern Style housing, 4K color temperature, standard finial, black terminal color, or approved equal. The light shall have IES Classification Type III or V. The pole shall be Holophane North Yorkshire NYS series, with cast iron and steel construction, 13’8” height, Fluted tapered shaft style (FTB), 20” round base, P08 tenon, LAB mounting bolts, black finish (BK) and with receptacle (RXXXY). The base shall fit the Town Standard 12” bolt circle pattern per detail EL-7 and shall be constructed on a street light base per Town Standards. The final location and style of street lights and poles are to be reviewed and approved by the Town Engineer during review of the submitted construction lighting plan. As these lights are a long lead-time item, it is recommended that the Applicant contact the manufacturer early in the construction phase of the project.
2. A letter shall be provided by PG&E stating that public street light billing will be per Rule LS2A. Private lights shall be metered with billing addressed to the homeowners’ association. Pole numbers, assigned by PG&E, shall be clearly delineated on the plans.
30. TREE REMOVAL PERMIT – The Applicant shall apply and obtain a Tree Removal Permit from the Parks and Public Works Department for the removal or relocation of existing trees on-site or in the public right-of-way prior to the issuance of a building permit or demolition building permit, whichever is issued first. Tree removals shall be consistent with the arborist report and approved entitlement plans.
31. CONSTRUCTION PHASE PLAN SUBMITTAL REQUIREMENTS – The Public Improvement Plans (referred to as “Improvement Plans”) shall be submitted to the Parks and Public Works Department. The Improvement Plans shall be submitted at the same time as the Building Plans are submitted to the Building Department. All improvements shall be designed and constructed in accordance with Federal law, State law, Los Gatos Town Code, and the Los Gatos Standard Specifications and Details.
ITEM NO. 11.
C:\Users\MeetingsOfficeUser14\AppData\Local\Temp\tmp2D70.tmp a. Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website. The Improvement Plans shall include:
b. A cover sheet with at least the proposed development vicinity map showing nearby and adjacent major streets and landmarks, property address, APN, scope of work, project manager and property owner, a sheet index including a sequential numeric page number for each sheet (i.e. “Sheet 1 of 54”), the lot size, required and proposed lot setbacks by type, proposed floor areas by type for each building, average slope, proposed maximum height, and required and proposed parking count and type.
c. The Approved Conditions of Approval printed within the plan set starting on the second sheet of the plan set.
d. An Existing Site Plan showing existing topography, bearing and distance information for all rights-of-way, easements, and boundaries, any existing easements proposed to be quit-claimed, existing hardscape, existing above ground utility features, and existing structures. The Improvement Plans shall identify the vertical elevation datum, date of survey, and surveyor responsible for the data presented. e. A Proposed Site Plan showing proposed topography, boundaries, proposed and existing to remain easements, hardscape, above ground utility features (hydrants, transformers, control cabinets, communication nodes, etc.), and structures. Include top and bottom elevations of every inflection point of each wall. Show proposed public right-of-way improvements. Distinguish proposed linework from existing linework using heavier line type for proposed.
f. A Grading and Drainage Plan clearly showing existing onsite and adjacent topography using labeled contour lines, drainage direction arrows with slope value, and break lines. Proposed and existing to remain hardscape elevations must be provided in detail including slope arrows.
g. A Utility Plan showing appropriate line types and labels to identify the different types of utilities and pipe sizes. Utility boxes, hydrants, backflow preventers, water meters, sanitary sewer cleanouts, etc. shall be located on private property unless otherwise approved by the Town Engineer.
h. A Photometric Lighting Plan analyzing the full-width of the adjacent right-of-way.
The plan shall show the average maintained horizontal illumination in foot-candles and the average to minimum uniformity ratio. Lighting shall be in compliance with the Town’s Standard Specification section 2.38.
i. A Landscaping Plan for the project site and the full width of the public right-of-ways adjacent to the project. The plans shall clearly identify public and private utilities and points of demarcation between the two.
j. General Notes found in the Town of Los Gatos General Guidelines. k. A statement in the general notes indicating the need to obtain a Caltrans Oversized/Overweight Vehicles Transportation Permit if oversized or overweight vehicles are expected to be used
32. STANDARD PLAN COMPLIANCE – The project shall comply with the Town’s Standard Plans to the approval of the Town Engineer. Street improvements, all street sections, and the design of all off-site storm drainage facilities shall be in accordance with most
ITEM NO. 11.
C:\Users\MeetingsOfficeUser14\AppData\Local\Temp\tmp2D70.tmp current Town Standard Specifications and Standard Plans approved by the Town Engineer. Improvements deemed necessary by the Town Engineer shall be shown on the Improvement Plans.
33. UTILITY RESPONSIBILITIES – The Applicant is responsible for the maintenance of existing stormwater drainage facilities, including piped and open channel stormwater conveyances in private areas. The Applicant is responsible for all expenses necessary to connect to the various utility providers. The public storm sewer system is owned and maintained by the Town of Los Gatos, the water system in Los Gatos is owned and maintained by San José Water Company, and the sanitary sewer system in Los Gatos is owned and maintained by West Valley Sanitation District. Any alterations of the approved utilities listed must be approved by the Town prior to any construction.
34. UTILITY COMPANY COORDINATION – The Applicant shall negotiate any necessary rightof-way or easements with the various utility companies in the area, subject to the review and approval by the Town Engineer and the utility companies. Prior to the approval of the site plan for construction, the Applicant shall submit “Will Serve” letters from PG&E, San José Water, West Valley Sanitation District, West Valley Collections and Recycling, and AT&T (or the current “Carrier of Last Resort”) with a statement indicating either a list of improvements necessary to serve the project or a statement that the existing network is sufficient to accommodate the project. Coordination of the stormwater conveyance system will be addressed during the Improvement Plan review.
35. PREPARATION OF ELECTRICAL PLANS – All street lighting plans shall be prepared by a California registered professional engineer experienced in preparing these types of plans. The Applicant shall submit necessary stamped and signed Traffic Signal Plan with the Improvement Plans.
36. EXTERIOR SITE LIGHTING STANDARDS – The Applicant shall submit a photometric plan for off-site lighting showing lighting levels in compliance with the Town Standard Specifications section 2.38 as part of the Improvement Plans. The plan shall show the minimum maintained horizontal illumination in foot-candles and the uniformity ratio for all areas. This lighting standard is applicable to all parking lots, driveways, circulation areas, aisles, passageways, recesses, and accessible grounds contiguous to all buildings.
The lighting system shall be so designed as to limit light spill beyond property lines and to shield the light source from view from off site. The photometric plan shall be approved by the Town Engineer.
37. DEVELOPER STORM WATER QUALITY RESPONSIBILITY – The Applicant is responsible for ensuring that all contractors including subcontractors are aware of all stormwater quality measures and implement such measures. The Applicant shall perform all construction activities in accordance with approved Improvement Plans, Los Gatos Town Code Chapter 12 – Grading, Erosion and Sediment Control, and the National Pollutant Discharge Elimination System (NPDES) General Permit. Failure to comply with these rules and regulations will result in the issuance of correction notices, citations, or a project stop order.
38. CLEAN, INSPECT, AND REPAIR STORM LINE – If the project will connect to the public storm drainage system, the Applicant is required to evaluate the conditions of the existing storm lines along the project frontage by videotaping and providing the result to the Town Engineer. The Applicant shall clean and inspect (via remote TV camera) the
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C:\Users\MeetingsOfficeUser14\AppData\Local\Temp\tmp2D70.tmp storm line from the manhole upstream to the manhole downstream of the project area.
The video inspection shall be done by a professional video inspection company and be completed prior to building permit issuance. The video of the inspection shall be reviewed with PPW and any cracked, broken, or otherwise compromised integrity is found, the areas of the line along the project frontage shall be repaired by the Applicant at the applicant’s expense. The Applicant shall include the required repairs on the Improvement Plans submitted. All necessary repairs to the storm line shall be completed and approved prior to the project connecting to the storm drainage system
39. GRADING & DRAINAGE WINTER MORATORIUM – All grading activity shall comply with the Municipal Regional Stormwater Permit and Chapter 12 of the Town Code. There shall be no earthwork disturbance or grading activities between October 15th and April 15th of each year unless approved by the Town Engineer. In order to be considered for approval, the Applicant must submit a Winterization Erosion Control Plan certified by a California certified QSD to the Town Engineer for review and approval. If grading is allowed during the rainy season, a maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on the exposed area. The submission of a certified plan does not guarantee approval. Any approved and executed plan must be kept on-site while the project is in construction.
40. EROSION CONTROL – The Applicant shall include in the Improvement Plans interim (if needed) and final erosion control plans to the Town Engineer for review and approval.
The interim erosion control plan(s) shall include measures carried out during construction before final landscaping is installed. Multiple phases of interim erosion control plans may be necessary depending on the complexity of the project. Interim erosion control best management practices may include silt fences, fiber rolls, erosion control blankets, Town approved seeding mixtures, filter berms, check dams, retention basins, etc. The Applicant shall install, maintain, and modify the erosion control measures as needed to continuously protect downstream water quality. In the event an emergency modification is deemed necessary, the Applicant must implement necessary measures to protect downstream waterways immediately and then submit the changes made within 24-hours to the Town Engineer for review and approval. The erosion control plans shall be in compliance with applicable measures contained in the most current Santa Clara County National Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). Any fees or penalties assessed against the Town in response to the Applicant’s failure to comply with the Permit must be paid by the Applicant. The Applicant must permit Town staff onsite to conduct periodic NPDES inspections throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations.
41. SITE TRIANGLE AND TRAFFIC VIEW AREA – Fencing, landscaping, and permanent structures shall not visually obstruct line of sight between three-feet and 7.5-feet in height if located within the driveway view area, traffic view area, or corner sight triangle. The driveway and intersection site triangles are represented on Town Standard Drawing ST-231. The traffic view area and corner sight triangle are shown on Town Standard Drawing ST-232. This includes all above ground obstructions including utility structures, for example electric transformers. The various clearance lines shall be shown on the site plan to demonstrate compliance.
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42. PRECONSTRUCTION MEETING – After the issuance of any Encroachment permit and before the commencement of any on or off-site work, the Applicant shall request a preconstruction meeting with the PPW Inspector to discuss the project conditions of approval, working hours, site maintenance, and other construction matters. At that meeting, the Applicant shall submit a letter acknowledging that:
a. They have read and understand these project Conditions of Approval; b. They will require that all project sub-contractors read and understand these project Conditions of Approval; and,
c. They ensure a copy of these project Conditions of Approval will be posted on-site at all times during construction.
43. FLOOR DRAINS – All floor drains shall be plumbed to connect to the sanitary sewer system only. Site design must facilitate drainage away from building floor drains.
44. OFF-HOURS MATERIAL DELIVERY – The Applicant shall coordinate with the future site operators so that all site delivery of materials and goods are delivered off-hours and onsite. This will allow the on-site customer parking for the development site to be utilized during business hours, and not be impacted by the staging of delivery vehicles. The Applicant shall provide a written plan, to ensure that this condition is satisfied, prior to occupancy of the first site building. The plan shall be to the approval of the Town Engineer.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE APPROVAL OF THE FINAL MAP OR
PARCEL MAP, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME
45. DEDICATIONS – The Applicant or owner shall dedicate a new sidewalk easement and quitclaim the existing sidewalk easement around the site so that the new easement follows the proposed building contours. These actions shall be recorded with the County, and an electronic copy (PDF) of the recorded quitclaimed existing easement and newly recorded sidewalk easement shall be submitted to the Engineering Division of the Parks and Public Works Department prior to issuance of a building permit.
46. TEMPORARY CONSTRUCTION EASEMENT – Prior to the issuance of a building permit, it shall be the sole responsibility of the project to obtain any and all proposed or required easements and/or permissions necessary to perform any work on neighboring private property herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RELEASE OF UTILITIES, FINAL
INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY, WHICHEVER OCCURS FIRST, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.
47. RECORD DRAWINGS – The Applicant shall submit a scanned PDF set of stamped record drawings and construction specifications for all off-site improvements to the Department of Parks and Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The Applicant shall also provide the Town with an electronic copy of the record drawings in the AutoCAD Version being used by the Town at the time of completion of the work. The Applicant shall also submit an
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C:\Users\MeetingsOfficeUser14\AppData\Local\Temp\tmp2D70.tmp AutoCAD drawing file of all consultants composite basemap linework showing all public improvements and utility layouts. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first.
48. RESTORATION OF PUBLIC IMPROVEMENTS – The Applicant shall repair or replace all existing improvements not designated for removal that are damaged or removed during construction. Improvements such as, but not limited to curbs, gutters, sidewalks, driveways, signs, streetlights, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired or replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Existing improvement to be repaired or replaced shall be at the direction of the PPW Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the PPW Inspector shall be completed before the issuance of a certificate of occupancy. The Applicant shall request a walkthrough with the PPW Inspector before the start of construction to verify existing conditions.
49. LANDSCAPE MAINTENANCE AGREEMENT – The Applicant shall enter into a Landscape Maintenance Agreement with the Town of Los Gatos in which the property owner agrees to maintain the vegetated areas along the project’s University Avenue and Elm Street frontages located within the public right-of-way. The agreement must be executed and accepted by the Town Attorney prior to the issuance of any occupancy permit.
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A
CONDITION, AT THAT TIME
50. PROJECT CONSTRUCTION SETUP – All storage and office trailers will be kept off the public right-of-way.
51. PUBLIC WORKS CONSTRUCTION NOTICE – The contractor shall notify the PPW Inspector at least ten (10) working days prior to the start of any construction work. At that time, the Contractor shall provide an initial project construction schedule and a 24-hour emergency telephone number list.
52. PROJECT CONSTRUCTION SCHEDULE – The contractor shall submit the project schedule in a static PDF 11”x17” format and Microsoft Project, or an approved equal. The Contractor shall identify the scheduled critical path for the installation of improvements to the approval of the Town Engineer. The schedule shall be updated monthly and submitted to the PPW Inspector in the same formats as the original.
53. PROJECT CONSTRUCTION HANDOUT – The Contractor shall provide to the Town Engineer an approved construction information handout for the purpose of responding to questions the Town receives regarding the project construction.
54. PROJECT CONSTRUCTION SUPERVISION – The Contractor shall always provide a qualified supervisor on the job site during construction.
55. PUBLIC WORKS CONSTRUCTION INSPECTION – All work shown on the Improvement Plans shall be inspected to the approval of the Town Engineer. Uninspected work shall
ITEM NO. 11.
C:\Users\MeetingsOfficeUser14\AppData\Local\Temp\tmp2D70.tmp be removed as deemed appropriate by the Town Engineer.
56. PROJECT CONSTRUCTION HOURS – Construction activities related to the issuance of any PPW permit shall comply with Town Code Section 16.20.035 which restricts construction to the weekday between 8:00 a.m. and 6:00 p.m. and Saturday 9:00 a.m. to 4:00 p.m.
No work shall be done on Sundays or on Town Holidays unless otherwise approved by the Town Engineer. Please note that no work shall be allowed to take place within the Town right-of-way after 5:00 p.m. Monday through Friday. In addition, no work being done under Encroachment Permit may be performed on the weekend unless prior approvals have been granted by the Town Engineer. The Town Engineer may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. Onsite project signage must state the project construction hours. The permitted construction hours may be modified if the Town Engineer finds that the following criteria is met:
a. Permitting extended hours of construction will decrease the total time needed to complete the project without an unreasonable impact to the neighborhood. b. Permitting extended hours of construction is required to accommodate a construction requirement such as a large concrete pour or major road closure. Such a need would be presented by the project's design engineer and require approval of the Town Engineer.
c. An emergency situation exists where the construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the Town may waive any of the remaining requirements outlined below.
d. The exemption will not conflict with any other condition of approval required by the Town to mitigate significant environmental impacts.
e. The contractor or property owner will notify residential and commercial occupants of adjacent properties of the modified construction work hours. This notification must be provided three days prior to the start of the extended construction activity. f. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public.
g. The Town Engineer may revoke the extended work hours at any time if the contractor or owner of the property fails to abide by the conditions of extended work hours or if it is determined that the peace, comfort, and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction.
h. The waiver application must be submitted to the PPW Inspector ten (10) working days prior to the requested date of waiver.
57. PROJECT CONSTRUCTION BMPs – All construction activities shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinances, the project specific temporary erosion control plan, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities.
58. PROJECT CONSTRUCTION EXCAVATION – The following provisions to control traffic
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C:\Users\MeetingsOfficeUser14\AppData\Local\Temp\tmp2D70.tmp congestion, noise, and dust shall be followed during site excavation and construction:
a. All construction vehicles should be properly maintained and equipped with exhaust mufflers that meet State standards.
b. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Construction Inspector.
c. Site dirt shall not be tracked into the public right-of-way and shall be cleaned immediately if tracked into the public right-of-way. Mud, silt, concrete and other construction debris shall not be washed into the Town’s storm drains. d. All aggregate materials transported to and from the site shall be covered in accordance with Section 23114 of the California Vehicle Code during transit to and from the site.
e. Prior to issuance of any permit, the Applicant shall submit any applicable pedestrian or traffic detour plans to the satisfaction of the Town Engineer for any lane or sidewalk closures. The temporary traffic control plan shall be prepared by a licensed professional engineer with experience in preparing such plans and in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and standard construction practices. f. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right-of-way.
g. During construction, the Applicant shall make accessible any or all public and private utilities within the area impacted by construction, as directed by the Town Engineer. h. The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The Applicant shall require the soils engineer submit to daily testing and sampling reports to the Town Engineer.
59. MATERIAL HAULING ROUTE AND PERMIT – For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck size as defined by FHWA Standards, the Applicant shall submit a truck hauling route that conforms to Town of Los Gatos Standards for approval. Note that the Town requires a Haul Permit be issued for any hauling activities. The Applicant shall require contractors to prohibit trucks from using “compression release engine brakes” on residential streets. The haul route for this project shall be determined by the Town’s Land Development Inspector. A letter from the Applicant confirming the intention to use the designated haul route shall be submitted to the Town Engineer for review and approval prior to the issuance of any Town permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the Applicant. Hauling of soil on- or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), and at other times as specified by the Town Engineer. The Applicant must provide an approved method of cleaning tires and trimming loads on site. All material hauling activities shall be done in accordance with applicable Town ordinances and conditions of approval.
60. PROJECT CLOSE-OUT – Prior to requesting a Final Inspection, the Applicant shall submit to the Town Engineer a letter indicating that all project conditions have been met, and all improvements are complete. All work must be completed to the satisfaction of the