Los Gatos City Council
February 3, 2026

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

CALL MEETING TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE
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. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.)

1. Approve the Minutes of the January 13, 2026, Special Town Council Meeting.

RECOMMENDATION: Approve the Minutes of the January 13, 2026, Special Town Council Meeting.

2. Approve the Minutes of the January 20, 2026, Town Council Closed Session Meeting.

RECOMMENDATION: Approve the Minutes of the January 20, 2026, Town Council Closed Session Meeting.

3. Approve the Minutes of the January 20, 2026, Town Council Meeting.

RECOMMENDATION: Approve the Minutes of the January 20, 2026, Town Council Meeting.

TOWN OF LOS GATOS

COUNCIL MEETING AGENDA
FEBRUARY 3, 2026
110 EAST MAIN STREET AND TELECONFERENCE

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

4. Approve the Closed Session Meeting Minutes of January 21, 2026.

RECOMMENDATION: Approve the Closed Session Meeting Minutes of January 21, 2026.

5. Approve the Special Meeting Minutes of January 21, 2026.

RECOMMENDATION: Approve the Special Meeting Minutes of January 21, 2026.

6. Adopt an Ordinance of the Town Council of the Town of Los Gatos Effecting a Zone Change from C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay), for Property Located at 4 Tait Avenue.

APN: 510-44-054. Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061 (b)(3). Zone Change Application Z-25-002. Property Owner/Applicant: Town of Los Gatos. Project Planner: Sean Mullin.

Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending the Zoning Code from C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay) for Property Located at 4 Tait Avenue.

RECOMMENDATION: Adopt an Ordinance of the Town Council of the Town of Los Gatos effecting a Zone Change from C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay), for property located at 4 Tait Avenue.

7. Accept the Vasona Oaks Storm Drainage Repair Project (Phase 1), Authorize the Town Manager to Execute a Notice of Completion and Direct Staff to Record the Notice of Completion.

RECOMMENDATION: Accept the Vasona Oaks Storm Drainage Repair Project (Phase 1) (4628316; CIP 816-0418); authorize the Town Manager to execute a Notice of Completion; and direct staff to record the Notice of Completion.

8. Authorize the Town Manager to Execute an Amendment to the Agreement with MBS Business Systems (MBS) to Remove the Table Specifying Annual Printer Replacement Costs While Maintaining the Total Not-to-Exceed Amount of $260,540 RECOMMENDATION: Authorize the Town Manager to execute an amendment to the agreement with MBS Business Systems (MBS) to remove the table specifying annual printer replacement costs while maintaining the total not-to-exceed amount of $260,540.

9. Adopt a Resolution Authorizing Banking Signature Authority for Designated Town Personnel.

RECOMMENDATION: Adopt a resolution authorizing the Town Manager, Assistant Town Manager, and Administrative Services Director to have banking signature authority on behalf of the Town.

10. Adopt a Resolution to Approve a Fourth Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Attorney and Authorize the Mayor to Execute the Amendment; Modify the Management Salary Schedule to Reflect the New Salary of $310,000; and Authorize a Budget Adjustment in the Amount of $24,195 from Available General Fund Unassigned Balance

RECOMMENDATION: Adopt a resolution approving the fourth amendment to the Employment Agreement between the Town of Los Gatos and the Town Attorney; authorize the Mayor to execute the agreement; modify the Management Salary Schedule to reflect the new salary for the Town Attorney of $310,000 (Attachment 3 ); and authorize a Budget Expenditure Adjustment in the total amount of $24,195 that includes a $17,419 merit increase and $6,776 for costs associated with payroll, retirement and taxes from a General Fund unassigned fund balance.

11. Adopt a Resolution to Approve the First Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Manager and Authorize the Mayor to Execute the Amendment; Modify the Management Salary Schedule to Reflect a New Salary of $366,000; and Authorize a Budget Adjustment in the Amount of $19,766 funded from Available General Fund Unassigned Fund Balance RECOMMENDATION: Adopt a resolution approving the first amendment to the Employment Agreement between the Town of Los Gatos and the Town Manager; authorize the Mayor to execute the agreement; modify the Management Salary Schedule to reflect the new salary of $366,000 for the Town Manager; and authorize a Budget Expenditure Adjustment in the total amount of $19,766 which includes a $14,230 merit increase and $5,5,536 for costs associated with payroll, retirement and taxes from the Available General Fund unassigned balance.

12. Approve the 2026 Work Plans Recommended by the Town’s Library Board, Arts and Culture Commission, Complete Streets and Transportation Commission, and Finance Commission
RECOMMENDATION: Approve the 2026 work plans recommended by the Town’s Library Board, Arts and Culture Commission, Complete Streets and Transportation Commission, and Finance Commission.

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. Town resources may not be used to facilitate audio or visual presentations. 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 (Presentations during the Public Hearings portion of the agenda by appellants and applicants, including any expert or consultant assisting with the presentation, shall be limited to a total of no more than five (5) minutes for all speakers. Appellants and applicants shall be provided no more than three (3) minutes to rebut at the end of the public hearing. Visual presentations that require the use of staff resources shall be limited to appellants and applicants.

Members of the public testifying at public hearings shall be limited to no more than three (3) minutes, or such time as authorized by the Mayor.)

13. Conduct a Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2026 Weed Abatement Program Commencement Report and Order Abatement

RECOMMENDATION: Conduct a public hearing to consider objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2026 Weed Abatement Program Commencement Report and order abatement.

OTHER BUSINESS (Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.)

14. Receive the Preliminary Baseline Forecast Model and Assumptions from NHA Advisors and Provide Feedback
RECOMMENDATION: Receive the Preliminary Baseline Forecast Model and assumptions from NHA Advisors and provide feedback.

15. Introduce an Ordinance of the Town Council Amending the Town’s Special Events Regulations in Chapter 14 to Establish an Entertainment Zone, Pursuant to State Law, Allowing Outdoor Consumption of Alcoholic Beverages During Permitted Events Ordinance Title: An Ordinance of the Town Council of The Town of Los Gatos Amending Article X, “Special Events,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of the Town Of Los Gatos Town Code to Establish an Entertainment Zone Pursuant to SB 969
RECOMMENDATION: Introduce an Ordinance of the Town of Los Gatos amending Article X, “Special Events,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of the Town of Los Gatos Town Code to Establish an Entertainment Zone Pursuant to SB 969.

16. Approve a Council Policy Regarding Adoption of Certain Town Assets RECOMMENDATION: Approve a Council Policy entitled Adoption of Assets on Town Owned Property
COUNCIL MATTERS (Members of the public who wish to speak on matters listed under Council Matters may do so under Verbal Communications.)

MANAGER MATTERS

ATTORNEY MATTERS AND 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 require special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354-6834.

Please notify the Clerk’s Office at least two (2) business days prior to the meeting so that reasonable arrangements can be made to ensure accessibility in compliance with 28 CFR §35.102-

35.104 and related provisions.

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 AGENDA REPORT
MEETING DATE: 02/03/2026
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting
Tuesday, January 13, 2026
The Town Council of the Town of Los Gatos conducted a special meeting in person and via teleconference.

MEETING CALLED TO ORDER AT 5:03 P.M.

ROLL CALL

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

Absent: None.

VERBAL COMMUNICATION
Member of the Public
- Commented on concerns regarding noticing and opposition of the proposed project.

OTHER BUSINESS

1. Consider a Recommendation by the Planning Commission and Adopt a Resolution to Approve Architecture and Site and Subdivision Applications to Construct a Mixed-Use Residential Development (450 Units), a Vesting Tentative Map, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees Under Senate Bill 330 (SB 330) on Property Zoned North Forty Specific Plan: Housing Element Overlay Zone. Located at 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270 Burton Road; and Assessor Parcel Number 424-07-116. APNs 424-07-009, -052, 053, -081, -094, - 095, -115, and -116. Architecture and Site Application S-23-031 and Subdivision Application M-23-005. RESOLUTION 2026-001
Jocelyn Shoopman, Senior Planner, presented the staff report.

Gabrielle Whelan, Town Attorney, gave a presentation on the applicable state laws.

The Council asked questions.

Mayor Moore opened public comment.

Steve O’Connell, Applicant Representative and Eric Phillips, Attorney - Gave a presentation on the proposed project and provided additional information.

ITEM NO. 1.

PAGE 2 OF 5
SUBJECT: Draft Minutes of the Town Council Special Meeting of January 13, 2026 DATE: January 13, 2026
Hadiyah Fain, Vice President of Marketing and Developing Service of Life Services Alternatives - Commented in support of inclusionary and affordable housing.

Alex Kamas
- Commented in support of the proposed project.

Tom Picraux
- Commented in support of the proposed affordable housing.

Jak Van Nada
- Commented on concerns and stated opposition to the proposed project.

Dennise Jauregui, Executive Director of Housing Choices - Commented in support of the proposed project.

Carin Yamamoto
- Commented on various concerns with the proposed project.

Milissa Sandoval
- Commented in support of the proposed affordable housing for people with intellectual and developmental disabilities.

Jay Vaswani
- Commented in support of the proposed affordable housing for people with intellectual and developmental disabilities.

Joanne Rodgers
- Commented on various concerns with the proposed project.

Gia Pham, Housing Choices
- Commented in support of the proposed affordable housing for people with intellectual and developmental disabilities.

Lisa Harris
- Commented on in support of affordable housing and concerns related to mental illness.

Lee Quintana
- Commented in support of the proposed project.

Joe Rodgers
- Commented on concerns with the proposed project.

Sandy Decker

ITEM NO. 1.

PAGE 3 OF 5
SUBJECT: Draft Minutes of the Town Council Special Meeting of January 13, 2026 DATE: January 13, 2026
- Commented on concerns with the proposed project.

Edward Morimoto
- Commented in support of the proposed project and affordable housing.

Tiffany Sieber
- Commented on concerns with the proposed project.

Brent V.
- Commented on concerns with the proposed affordable housing and State housing mandates.

Jennifer Lucas, State Council on Developmental Disabilities - Commented in support of the proposed project.

Shannon
- Commented on concerns with the proposed project.

Raymond Tersini
- Commented in support of the proposed project.

Manuel Salazar
- Commented in support of the proposed project.

Mayor Moore called a recess at 7:16 p.m.

Mayor Moore reconvened the meeting at 7:22 p.m.

The applicant team provided closing comments.

Mayor Moore closed public comment.

Council asked questions and discussed the item.

Mayor Moore called a recess at 9:13 p.m.

Mayor Moore reconvened the meeting at 9:22 p.m.

MOTION: Motion by Council Member Hudes to continue this item to a special meeting on January 27, at 5:00 p.m., and to take further public comment on any information that was not available to them prior to this meeting, and to take additional correspondence and reports. Seconded by Council Member Badame.

VOTE: Motion failed 2-3. Council Member Rennie, Vice Mayor Ristow, and Mayor Moore voted no.

ITEM NO. 1.

PAGE 4 OF 5
SUBJECT: Draft Minutes of the Town Council Special Meeting of January 13, 2026 DATE: January 13, 2026
Council further discussed the item.

Mayor Moore called a recess at approximately 10:38 p.m.

Mayor Moore reconvened the meeting at approximately 10:45 p.m.

Council Members provided the following disclosures:
 Council Member Rennie stated he met with the applicant and residents.  Council Member Hudes stated he met with the development team and visited the site.  Mayor Moore stated he met with the development team and visited the site.  Council Member Ristow stated she met with the developers and visited the site.  Council Member Badame stated she was Chair of the Planning Commission when Phase One was heard, met Don Capobres, and toured the site.

MOTION: Motion by Council Member Rennie to keep staff’s recommendation on this portion [Condition of Approval 5 - Deed Restriction and Covenant]. Seconded by Vice Mayor Ristow.

VOTE: Motion passed 4-1. Council Member Hudes voted no.

Council asked the Town Attorney about a condition of approval to ensure the open space is publicly accessible in perpetuity.

Gabrielle Whealen, Town Attorney, stated that Council could include a condition of approval that says the part marked as open space on the tentative map will be maintained as open space for the life of the project.

MOTION: Motion by Mayor Moore to include in the Conditions of Approval as stated [by the Town Attorney]. Seconded by Vice Mayor Ristow.

VOTE: Motion passed unanimously.

MOTION: Motion by Council Member Rennie to include [in the Condition of Approval - Material Hauling Route and Permit] the words “or parking” [to the last sentence].

Seconded by Vice Mayor Ristow.

VOTE: Motion passed unanimously.

Mayor Moore reopened the hearing to ask the applicant team questions.

The applicant team answered questions from the Council.

ITEM NO. 1.

PAGE 5 OF 5
SUBJECT: Draft Minutes of the Town Council Special Meeting of January 13, 2026 DATE: January 13, 2026
Mayor Moore closed the hearing.

After further discussion, Town Attorney Whelan provided a recommended improvement to the preference language to say at all times, 25 percent of the BMP units in building G1 shall be subject to a preference for individuals with developmental disabilities.

MOTION: Motion by Vice Mayor Ristow to accept that condition of approval [(Condition of Approval – Below Market Price (BMP) Units, Affordable Building) to state “at all times 25 percent of the BMP (Below Market Rate) units in building G1 shall be subject to a preference for individuals with developmental disabilities”]. Seconded by Council Member Rennie.

VOTE: Motion passed unanimously.

MOTION: Motion by Vice Mayor Ristow to consider a recommendation by the Planning Commission and adopt a resolution to approve the Architecture and Site and Subdivision applications to construct a mixed-use residential development of 450 units, a vesting tentative map, site improvements requiring a Grading Permit, and removal of large protected trees under Senate Bill 330 on property zoned North Forty Specific Plan: Housing Element Overlay Zone, located at 14859, 14917, 14925, and 16392 Los Gatos Boulevard; 16250, 16260, and 16270 Burton Road; and Assessor Parcel Number 424-07-116; APNs 424-07-009, -052, -053, -081, -094, -095, -115, and -116. Architecture and Site Application S-23-031 and Subdivision Application M-23-005, including the recommended modifications to the conditions of approval provided in the addendum dated January 12, 2026, and the modifications to the conditions of approval that were previously voted on this evening. Seconded by Council Member Rennie.

VOTE: Motion passed 3-2. Council Members Badame and Hudes voted no.

ADJOURNMENT
The meeting adjourned at 11:37 p.m.

Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk

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

TOWN OF LOS GATOS

COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 02/03/2026
ITEM NO: 2
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, January 20, 2026
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 6:32 P.M.

ROLL CALL

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

Absent: Council Member Mary Badame.

VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
No one spoke.

Gabrielle Whelan, Town Attorney, announced the closed session titles as listed on the agenda and stated the Town negotiator has been changed to Kristina Alfaro, Administrative Services Director.

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 Organization: Police Officers’ Association (POA) There was no reportable action.

ADJOURNMENT
The meeting adjourned at approximately 6:40 p.m.

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

ITEM NO. 2.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/03/2026
ITEM NO: 3
DRAFT
Minutes of the Town Council Meeting
Tuesday, January 20, 2026
The Town Council of the Town of Los Gatos conducted a regular meeting in person and via teleconference.

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

ROLL CALL

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

Absent: Council Member Mary Badame.

PLEDGE OF ALLEGIANCE
Mayor Moore invited Kristina Alfaro, Administrative Services Director, to lead the Pledge of Allegiance. The audience was invited to participate.

PRESENTATIONS
Mayor Moore presented commendations to outgoing commissioners, and certificates of recognition to the business of the month and resident of the month.

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

1. Approve the Minutes of the December 16, 2025, Closed Session Town Council Meeting.

2. Approve the Minutes of the December 16, 2025, Town Council Meeting.

3. Approve the Minutes of the January 13, 2026, Closed Session Town Council Meeting.

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

5. Authorize the Town Manager to Execute a Third Amendment to an Agreement for Services with OpenGov, Inc., for an Amount Not to Exceed $401,214.

6. Accept the 2025 Annual Street Repair and Resurfacing Project, Authorize the Town Manager to Execute a Notice of Completion, and Direct Staff to Record the Notice of Completion.

7. Receive the Fiscal Year 2024-25 AB 1600 Annual Report on Receipt and Use of Development Impact Fees.

8. Authorize the Town Manager to Execute a First Amendment to an Agreement with HouseKeys for Administration of the Town’s Below Market Price Affordable Housing Program to Extend the Contract to June 30, 2026.

9. Authorize the Town Manager to Execute a Third Amendment to the Contract for Legal Services with the Law Firm of Atchison, Barisone & Condotti to Extend the Term and Increase the Contract Amount by $50,000 in an Amount Not to Exceed $300,000 until June 30, 2026.

ITEM NO. 3.

PAGE 2 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of January 20, 2026 DATE: February 3, 2026

10. Authorize Revenue and Expenditure Budget Adjustments Totaling $196,200.07 to Reflect FY 2025-26 COPS/SLESF Additional Grant Funding from Monte Sereno; Authorize Revenue and Expenditure Budget Adjustments Totaling $251,426.95 to Reflect Prior Year Unspent Overages Received by the Town of Los Gatos; and Authorize the Town Manager to Execute an Agreement in substantially the form prepared with Assure MSP, Inc. to Install, Configure, Provide the Verkada Camara System and Cloud-Management System Under the California Multiple Award Schedule with a Total Project Amount Not to exceed $215,000.

11. Adopt a Resolution of the Town Council of the Town of Los Gatos to Authorize Investment Monies in the Local Agency Investment Fund and Rescind Resolution 2007-093.

RESOLUTION 2026-002

12. Authorize the Town Manager to Execute a Third Amendment with Chavan & Associates, LLP. to Extend the Contract for One Year and Increase Compensation by $59,000 for a Total Agreement Amount Not to Exceed $248,000.

13. Adopt a Resolution to Ratify the Emergency Procurement of Services for Flood Restoration at Civic Center. RESOLUTION 2026-003
Mayor Moore opened public comment.

Member of the Public
- Commented on concerns with item two.

Mayor Moore closed public comment.

MOTION: Motion by Council Member Hudes to approve items one through thirteen.

Seconded by Council Member Ristow.

VOTE: Motion passed 4-0. (Council Member Badame was absent)

VERBAL COMMUNICATIONS
Naiema Dia, Ken’s Coffee Bar
- Commented on anti-Palestinian hate incidents and requested community education.

Joe Enz, Friends of the Los Gatos Creek
- Commented on work with unhoused individuals and a concern with fencing.

Member of the Public
- Commented on various concerns.

Ehsaneh Sadar
- Commented on hate incidents and requested training related to anti-Palestinian racism.

Council Member Ristow recused herself from Item 14 due to the proximity of her residence to the subject property and left the Chambers.

ITEM NO. 3.

PAGE 3 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of January 20, 2026 DATE: February 3, 2026

PUBLIC HEARING

14. Consider a Recommendation by the Planning Commission to Approve a Zone Change from C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay) to R1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay) and a General Plan Amendment to Change the Land Use Designation from Central Business District to Medium Density Residential, for Property Located at 4 Tait Avenue.

APN: 510-44-054. Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061 (b)(3). Zone Change Application Z-25-002 and General Plan Amendment Application GP-25-002.

Property Owner/Applicant: Town of Los Gatos. Project Planner: Sean Mullin. Ordinance Title: An Ordinance of the Town Council of the Town Of Los Gatos Amending the Zoning Code from C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay) for Property Located at 4 Tait Avenue. RESOLUTION 2026-004 Sean Mullin, Senior Planner, presented the staff report.

Council members asked questions.

Mayor Moore opened public comment.

Susan Fiore
- Commented in support of the item.

Nadav Buzi
- Commented in support of the item.

Kat Battaglia
- Commented in support of the item.

Mike Wasserman
- Commented in support of the item.

Mitzy Anderson
- Commented in support of the item.

Yuliya Vasuder
- Commented in support of the item.

Lisa Mammel
- Commented in support of the item.

ITEM NO. 3.

PAGE 4 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of January 20, 2026 DATE: February 3, 2026
Chris Bauder
- Commented in support of the item.

Chris Morgan
- Commented in support of the item.

Mayor Moore closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Rennie to accept staff and the Planning Commission’s recommendation, which includes making the required finding there is no possibility this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act Section 15061 in Attachment 2 [to the staff report]; introduce an ordinance to affect the zone change, including the findings that the proposed zone change is consistent with the General Plan and its Elements, in that the proposed zoning is consistent with the proposed General Plan Land Use Designation in Attachment 2 [to the staff report]; adopt a resolution to approve the General Plan Amendment, including the findings that the General Plan Amendment is internally consistent with the existing goals and policies of the General Plan and its Elements Attachment 4 [to the Staff Report]); and approve the Zone Change Application Z-25-002 and the General Plan Amended Application GP-25-002. Seconded by Council Member Hudes.

VOTE: Motion passed 3-0. (Council Member Badame absent and Vice Mayor Ristow recused)
Council Member Ristow returned to the Council Chambers.

OTHER BUSINESS

15. Adopt the Revised Town Agenda Format and Rules Policy 2-01. POLICY 2-01 Wendy Wood, Town Clerk, presented the staff report.

Council asked questions.

Mayor Moore opened public comment.

Lee Quintana
- Commented on proposed changes and transparency concerns.

Mayor Moore closed public comment.

ITEM NO. 3.

PAGE 5 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of January 20, 2026 DATE: February 3, 2026
Council discussed the item.

MOTION: Motion by Council Member Rennie to accept the edits to Policy 2-01 with additional changes moving the fourth paragraph in Section F to be the second paragraph, ensuring that the title in the agenda under Section A – Orders of the Agenda is Council and Manager Matters, and to add to the end of the paragraph N.1. the wording that was suggested effectively says Council Members will make every effort to attend so as to not impact the meeting. AMENDMENT: include [the word] “Alternatively” [in Section N(1) to replace the word “However” in the second to last sentence.] Seconded by Vice Mayor Ristow.

VOTE: Motion passed 4-0. (Council Member Badame absent)

16. Adopt the Draft License Agreement for Encroachments for Private Use of Public Property Policy. POLICY 3-02
Gary Heap, Town Engineer, presented the staff report.

Council asked questions.

Mayor Moore opened public comment.

No one spoke.

Mayor Moore closed public comment.

Council discussed the item.

MOTION: Motion by Vice Mayor Ristow to approve the License Agreement Policy for Encroachments for private use of public property policy as presented by staff.

Seconded by Council Member Rennie.

VOTE: Motion passed 4-0. (Council Member Badame absent) Mayor Moore called a recess at 8:53 p.m.

Mayor Moore reconvened the meeting at 9:03 p.m.

17. Receive the Bi-Annual Police Services Report for July – December 2025.

Jamie Field, Police Chief, presented the staff report and gave the presentation.

ITEM NO. 3.

PAGE 6 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of January 20, 2026 DATE: February 3, 2026
Council asked questions.

Mayor Moore opened public comment.

Austin
- Commented on the Automated License Plate Reader training and documentation.

Lee Fagot
- Commented in support of community policing.

Mayor Moore closed public comment.

Council asked questions, discussed the item, and received the report.

Mayor Moore called a recess at 10:24 p.m.

Mayor Moore reconvened the meeting at 10:28 p.m.

18. Discussion, consideration, and Possible Action to Provide Direction on Revenue Measure Options and Next Steps Including Engaging Professional Services to Support the Evaluation Effort in an amount Not to Exceed $80,000.

Kristina Alfaro, Administrative Services Director, presented the staff report.

Council asked questions.

Mayor Moore opened public comment.

No one spoke.

Mayor Moore closed public comment.

Council asked questions and discussed the item.

MOTION: Motion by Council Member Hudes to authorize to preserve options, not commit to a tax; seek state legislative authority to exceed 2% sales tax cap; to engage legal, financial, and legislative consultants; allocate $80,000 from the General Fund reserves; hear back [from staff] as soon as possible, more information about the timing of the state legislative authority and the likelihood of achieving that [request to exceed the 2% sales tax cap]. Seconded by Council Member Rennie.

VOTE: Motion passed 4-0. (Council Member Badame absent)

ITEM NO. 3.

PAGE 7 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of January 20, 2026 DATE: February 3, 2026

COUNCIL/TOWN MANAGER REPORTS
Council Matters

19. Mayor’s Request to Direct Staff to Evaluate Feasibility of Painting Red Curb Markings Near Intersection Crosswalks Under California’s Daylighting Law.

Mayor Moore provided information on the item.

Mayor Moore opened public comment.

Lee Fagot
- Commented in support of the item.

Mayor Moore closed public comment.

The Council asked questions and discussed the item.

No action was taken.

Council Matters (Continued)
- Council Member Rennie stated he was appointed as the Chair of the Fire Safe Council. - Council Member Hudes stated he attended meetings with the Los Gatos Thrives Foundation, met with residents, and attended a Finance Commission meeting. - Vice Mayor Ristow stated she attended a Finance Commission meeting, a Silicon Valley Clean Energy Authority (SVCEA) Board meeting, and a Valley Transportation Authority (VTA) Policy Advisory meeting where she was elected the Vice Chair. - Mayor Moore stated he attended the Los Gatos Leadership meeting, Supervisor Abe-Koga’s D5 (District 5) Mayors Roundtable, spoke at Lexington Elementary, and met with the Los Gatos Chamber of Commerce Food and Wine Group.

Closed Session Report
Gabrielle Whelan, Town Attorney
- Stated that the Town Council met in closed session on January 13, 2026, to discuss the case of Los Gatos LLC vs the Town of Los Gatos, and there was no reportable action taken. The Town Council met in closed session this evening (January 20, 2026) to discuss labor negotiators, and there was no reportable action taken.

Town Manager Report
Chris Constantin, Town Manager
- Stated he had no report.

ADJOURNMENT
The meeting adjourned at 9:17 p.m.

ITEM NO. 3.

PAGE 8 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of January 20, 2026 DATE: February 3, 2026
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk

ITEM NO. 3.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 02/03/2026
ITEM NO: 4
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, January 21, 2026
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 5:07 P.M.

ROLL CALL

Present: Mayor Rob Moore, Vice Mayor Maria Ristow, Council Member Matthew Hudes, Council Member Rob Rennie, and Council Member Mary Badame (participated remotely in accordance with Government Code Section 54953.8.3 under the circumstance of “Just Cause” due to family medical emergency)

VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
No one spoke.

Gabrielle Whelan, Town Attorney, announced the closed session titles as listed on the agenda.

THE TOWN COUNCIL MOVED TO CLOSED SESSION ON THE FOLLOWING ITEMS:

1. EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Titles: Town Manager and Town Attorney
Council took a recess at 7:00 p.m. and reconvened at approximately 7:30 p.m.

Gabrielle Whelan, Town Attorney, announced that the Council met in closed session to discuss an employee performance evaluation for the Town Manager and Town Attorney, and there was no reportable action.

ADJOURNMENT
The meeting adjourned at approximately 9:20 p.m.

Attest: Submitted by:
___________________________ __________________________
Wendy Wood, Town Clerk Chris Constantin, Town Manager

ITEM NO. 4.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/03/2026
ITEM NO: 5
DRAFT
Minutes of the Town Council Special Meeting
Tuesday, January 21, 2026
The Town Council of the Town of Los Gatos conducted a special meeting in person and via teleconference.

MEETING CALLED TO ORDER AT APPROXIMATLY 7:11 P.M.

ROLL CALL

Present: Mayor Rob Moore, Vice Mayor Maria Ristow, Council Member Matthew Hudes, Council Member Rob Rennie, and Council Member Mary Badame (participated remotely in accordance with Government Code Section 54953.8.3 under the circumstance of “Just Cause” due to family medical emergency)

VERBAL COMMUNICATION
Member of the Public
- Commented on concerns with hiring practices.

OTHER BUSINESS

1. Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period for Gitta Ungvari RECOMMENDATION: Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period to hire Gitta Ungvari as Project Manager. RESOLUTION 2026-005 Kristina Alfara, Administrative Services Director, presented the staff report.

No one spoke.

MOTION: Motion by Mayor Moore to adopt a resolution for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period to hire Gitta Ungvari as Project Manager (extra help retired annuitant). Seconded by Council Member Ristow.

VOTE: Motion passed unanimously by a roll call vote.

ADJOURNMENT
The meeting adjourned at approximately 7:21 p.m.

Respectfully Submitted:
____________________________________
Wendy Wood, Town Clerk

ITEM NO. 5.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/03/2026
ITEM NO: 6
DATE: January 29, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt an Ordinance of the Town Council of the Town of Los Gatos Effecting a Zone Change from C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay), for Property Located at 4 Tait Avenue. APN: 510-44-054. Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061 (b)(3). Zone Change Application Z-25-002. Property Owner/Applicant: Town of Los Gatos.

Project Planner: Sean Mullin.

Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending the Zoning Code from C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay) for Property Located at 4 Tait Avenue.

RECOMMENDATION: Adopt an Ordinance of the Town Council of the Town of Los Gatos effecting a Zone Change from C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay) to R-1D:LHP (SingleFamily Residential Downtown with a Landmark and Historic Preservation Overlay), for property located at 4 Tait Avenue.

FISCAL IMPACT:

There is no fiscal impact associated with this action. Approving the Zone Change application would not in itself result in an impact on the Town’s budget.

ITEM NO. 6.

PAGE 2 OF 2
SUBJECT: 4 Tait Avenue Rezone and General Plan Amendment/Z-25-002 DATE: January 29, 2026
STRATEGIC PRIORITY:

The zone change supports the Town’s core goal of Community Character and the strategic priority to preserve the Town’s small-town charm and provide a range of housing opportunities and historic neighborhoods, while diligently maintaining and implementing the Housing Element.

BACKGROUND:

On January 20, 2026, the Town Council considered and voted unanimously to introduce an Ordinance effecting a Zone Change from C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay) on property located at 4 Tait Avenue (APN 510-44- 054). The Ordinance (Attachment 1) will amend the zoning classification of the subject property as noted above, and adoption of the Ordinance would finalize the decision. The Ordinance will take effect 30 days after its adoption.

PUBLIC COMMENTS:

Public comments received between 11:01 a.m., Tuesday, January 20, 2026, and 11:00 a.m., Thursday, January 29, 2026, are included as Attachment 2.

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 15061 (b)(3)]. A Notice of Exemption will not be filed.

ATTACHMENT:

1. Draft Ordinance for the Zone Change, with Exhibit A

2. Public comments received between 11:01 a.m., Tuesday, January 20, 2026, and 11:00 a.m., Thursday, January 29, 2026

ITEM NO. 6.
1 of 3
Ordinance Council Meeting Date

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

AMENDING THE ZONING CODE
FROM C-2:LHP (CENTRAL BUSINESS DISTRICT WITH A LANDMARK AND HISTORIC

PRESERVATION OVERLAY)
TO R-1D:LHP (SINGLE-FAMILY RESIDENTIAL DOWNTOWN WITH A LANDMARK AND

HISTORIC PRESERVATION OVERLAY)
FOR PROPERTY LOCATED AT 4 TAIT AVENUE.

WHEREAS, the applicant requests approval to change the zoning from C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay) on property located at 4 Tait Avenue (Santa Clara County Assessor Parcel Number 510-44-054); and WHEREAS, the Planning Commission recommended approval of the zone change at its regularly noticed public hearing on December 10, 2025, finding that the R-1D:LHP (SingleFamily Residential Downtown with a Landmark and Historic Preservation Overlay) zoning is consistent with the zoning of neighboring properties and consistent with the proposed use of the property; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on January 20, 2026; and WHEREAS, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed General Plan amendment; and WHEREAS, the Town Council considered all facts and information related to a request to change the zoning designation for the property at 4 Tait Avenue from C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay) as shown on Exhibit A.

ATTACHMENT 1 Page 24
ITEM NO. 6.
2 of 3
Ordinance Council Meeting Date

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

SECTION I. Legislative Findings.

A. With regard to CEQA, there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to 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 amendments to the General Plan and Town Code will have a significant effect on the environment, because the project does not include any modification that would affect the historical significance of the building.

B. With regard to required consistency with the Town’s General Plan, the zone change is consistent with the General Plan and its Elements, including but not limited to Goals LU-1, LU-6, CD-6, CD-10, CD-12, and CD-13, and Policies LU-1.4, LU-6.1, LU-6.3, LU-6.4, LU-6.5, CD6.1, CD-10.1, CD-12.1, and CD-12.2.

SECTION I. Zone Change.

The Town Code of the Town of Los Gatos is hereby amended to change the zoning of the property at 4 Tait Avenue (Santa Clara County Assessor Parcel Number 510-44-054) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay).

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 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,

ITEM NO. 6.
3 of 3
Ordinance Council Meeting Date
sentences, clauses, or phrases in this Ordinance might be declared unconstitutional, preempted, or otherwise invalid.

SECTION IV. 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.

SECTION V. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 20th day of January 2026, and adopted by the Town Council of the Town of Los Gatos on the 3
rd day of February 2026, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

ITEM NO. 6.

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ITEM NO. 6.

TAIT AV

BAYVIEW AV

BROADWAY

W MAIN ST
MASSOL
CT

FARWELL LN

CLIFTON AV

MONT E B ELLO WY

GLEN RIDGE

TURNSTYLE PATH

PENNSYLVANIA AV

N SANTA CRUZ AV

BAYVIEW
CT

VICTORY LN

BEAN AV

LYNDON AV
W MAIN
ST

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From: C-2:LHP To: R-1D:LHP
Z-25-002 A.P.N. # 510-44-054
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date: February 3, 2026
Mayor
Date: December 10, 2025
Ord:
§
4 Tait Avenue

EXHIBIT A

ITEM NO. 6.

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Intentionally
Left Blank

ITEM NO. 6.

From: Dani Hinsche
To: Sean Mullin
Cc: Planning; Kimberly Snyder; Julie Micallef
Subject: Re: 4 Tait Avenue
Date: Wednesday, January 28, 2026 2:56:08 PM
Attachments: image003.jpg
image005.jpg
[EXTERNAL SENDER]
Hi Sean,
Thank you for the update on 4 Tait Avenue, the former site of the Los Gatos Museum Association, now NUMU and located at the Civic Center. Please include my email as part of the public comment. I would like to know the status of the native garden, associated plaque and what seem to be sculptural rocks that are included as part of the garden which was donated to the museum.

I assume that once the zone change is complete after 30 days the property will be put for sale.

We would like to have a discussion about the status of the garden before the property is put for sale.

Thank you,
Dani Hinsche
---------- Forwarded message ---------
From: Sean Mullin <[email protected]>
Date: Wed, Jan 28, 2026 at 9:07 AM
Subject: RE: 4 Tait Avenue
To: Planning <[email protected]>, Dani Hinsche < > Dani,
Thank you for your email. The application was reviewed by the Town Council on January 20th. The Council took the first step to approve the project by adopting a Resolution to approve the General Plan amendment and introducing an Ordinance to make the zone change.

On February 3rd, the Council will conduct a second reading of the Ordinance (as required by law). Once complete, the zone change will become effective 30 days later.

Best regards,
Sean

ITEM NO. 6.

ITEM NO. 6.

ITEM NO. 6.

This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.

PThink Green, please consider the environment before printing this e-mail.

From: Dani Hinsche
Sent: Wednesday, January 28, 2026 7:41 AM
To: Planning <[email protected]>
Subject: 4 Tait Avenue
[EXTERNAL SENDER]
Hello,
I am reaching out regarding the Zone Change Application for 4 Tait Avenue, formerly the site of the Los Gatos Museum Association. The site includes a California Native Plant Garden donated to the museum, now known as New Museum Los Gatos. the donors are Mike and Stephanie Mathews. When the museum moved to the Civic Center, the garden did not move with the museum at that time.

What is the status of the zone change application?
Thank you for your help with this matter.

Dani Hinsche, NUMU Board Member

ITEM NO. 6.

PREPARED BY: Saurabh Nijhawan
Senior Civil Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/03/2026
ITEM NO: 7
DATE: February 3, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Accept the Vasona Oaks Storm Drainage Repair Project (Phase 1), Authorize the Town Manager to Execute a Notice of Completion and Direct Staff to Record the Notice of Completion
RECOMMENDATION: Accept the Vasona Oaks Storm Drainage Repair Project (Phase 1) (4628316; CIP 816-0418); authorize the Town Manager to execute a Notice of Completion; and direct staff to record the Notice of Completion
FISCAL IMPACT:

There is no fiscal impact associated with this action. Project costs were fully funded within the approved Capital Improvement Program budget for the Vasona Oaks Storm Drainage Repair Project (Phase 1) (4628316; CIP No. 816-0418).

STRATEGIC PRIORITY:

This project supports the Core Goal of Quality Public Infrastructure.

BACKGROUND:

The adopted FY 2025-2026 Capital Improvement Program Budget designates funding for the Vasona Oaks Storm Drainage Repair Project (Phase 1).

The goal of this project was to replace 36 linear feet of storm drain pipe across University Avenue within the Town right-of-way. Staff plans to repair an additional 174 feet of storm drain that extends from University Avenue to Vasona Lake in a subsequent project phase, which will

ITEM NO. 7.

PAGE 2 OF 2
SUBJECT: Accept the Vasona Oaks Storm Drainage Repair Project (Phase 1) (4628316; CIP 816- 0418); authorize the Town Manager to execute a Notice of Completion; and direct staff to record the Notice of Completion
DATE: February 3, 2026
be brought forward under a separate Council action following permitting and easement acquisition.

The project was advertised for bid on Friday, August 12, 2025. On August 28, 2025, bid packages were opened, and four contractors submitted bids. A summary of bid results showed Casey Construction Inc., as the apparent low bidder.

On September 16, 2025, the Town Council authorized the Town Manager to execute a construction contract with Casey Construction, Inc., in the amount of $101,052 with a fifteen percent contingency ($15,158) of the contract award amount.

DISCUSSION:

Project construction commenced on November 21, 2025, and was completed on December 12, 2025. The work has been completed to the satisfaction of the Town Engineer.

The total cost associated with Casey Construction’s contract was $101,052. There were no change orders associated with this project.

Staff recommends that the Town Council accept the construction of the project improvement and authorize the staff to record the Notice of Completion (Attachment 1) with the Santa Clara County Recorder.

CONCLUSION:

This action formally accepts the contractor’s work and affirms that it meets the Town’s standards and requirements. The completion of the required work finalizes all contractual obligations, allowing for the release of retention.

COORDINATION:

This project was coordinated with the Finance Department.

ENVIRONMENTAL ASSESSMENT:

This is a project as defined under CEQA and is Categorically Exempt (Section 15302(c)). A Notice of Exemption was filed.

Attachments:

1. Notice of Completion

2. Verification of Work

ITEM NO. 7.

Vasona Oaks Storm Drainage Project 2025 Form NOTICE OF COMPLETION Project Number 25-816-0418 Page 1
ATTACHMENT 1
Recording Requested By:

Town of Los Gatos
When Recorded Mail To:

Town Clerk
Town of Los Gatos
110 E Main St
Los Gatos, CA 95030

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE § 27383
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 9204 and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. Owner’s full name is: Town of Los Gatos.

3. Town’s address is: 110 E. Main Street., Los Gatos, CA 95030.

4. The nature of Town’s interest in the Project is:

X Fee Ownership __ Lessee __ Other:_____________

5. Construction work on the Project performed on Town’s behalf is generally described as follows:

Furnishing all labor, materials, tools, equipment, and services required for completion of Phase 1 of the Vasona Oaks Storm Drainage Project, located in the Town of Los Gatos, County of Santa Clara, State of California.

6. The name of the original Contractor for the Project is: Casey Construction, Inc. located at 619 Sylvan Way, Emerald Hills, CA 94062.

7. The Project was accepted as complete on: December 12, 2025.

8. The Project is located at: 880 University Avenue, Los Gatos, CA.

Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date and Place Signature
________________________________
Town Manager

EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER
GOVERNMENT CODE § 27287 AND CIVIL CODE § 9208

ITEM NO. 7.

TOWN OF LOS GATOS

PARKS AND PUBLIC WORKS COMMENTS
Parks and Public Works Department • Engineering Division 41 Miles Ave, Los Gatos, CA 95030 • 408.399.5771 • www.losgatosca.gov ATTACHMENT 2 To: Chris Constantin
From: Nicolle Burnham
Date: January 12, 2026
Subject: Notice of Acceptance
Acceptance of Work for the Vasona Oaks Storm Drainage Repair Project (Legacy CIP No. 25-816-0418; New Project No. 4628316)
The work performed under this contract was inspected by authorized representatives of the Town, Contractor and Engineer, and determined to be complete. The Town Engineer acknowledges the completion of this project and requests the Town Manger to sign the Certificate of Acceptance form.

Date of Final Inspection: 12/12/2025
Project Participants: Kevin Selfridge, Saurabh Nijhawan, Gary Heap (Town of Los Gatos) James G. McGrillen (Casey Construction Inc.)

1. All construction and punch list items have been completed? Yes

2. All change orders have been executed? N/A

3. Claims if any have been resolved? N/A
REVIEWED AND APPROVED BY:

SENIOR CIVIL ENGINEER
DATE:

DATE:

DATE:

TOWN ENGINEER

DIRECTOR OF PUBLIC WORKS
01-12-26
1/12/2025
1/29/2026

ITEM NO. 7.

TOWN OF LOS GATOS

PARKS AND PUBLIC WORKS COMMENTS
Parks and Public Works Department • Engineering Division 41 Miles Ave, Los Gatos, CA 95030 • 408.399.5771 • www.losgatosca.gov Page 38 ITEM NO. 7.

PREPARED BY: Jeffrey Cheung
Systems Administrator
Reviewed by: Town Manager, Assistant Town Manager, Chief Technology Officer, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/03/2026
ITEM NO: 8
DATE: February 3, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Amendment to the Agreement with MBS Business Systems (MBS) to Remove the Table Specifying Annual Printer Replacement Costs While Maintaining the Total Not-to-Exceed Amount of $260,540
RECOMMENDATION: Authorize the Town Manager to execute an amendment to the agreement with MBS Business Systems (MBS) to remove the table specifying annual printer replacement costs while maintaining the total not-to-exceed amount of $260,540.

FISCAL IMPACT:

This amendment has no fiscal impact. There are sufficient funds available to cover the cost of the amended agreement for the remainder of this fiscal year. Future contract years will be incorporated into the Town’s proposed Budgets.

STRATEGIC PRIORITY:

This amendment supports the Town’s top strategic priority by promoting prudent financial management and operational efficiency. By removing the rigid annual printer replacement schedule while maintaining the overall not-to-exceed amount of $260,540, the Town can optimize expenditures based on actual needs rather than fixed timelines.

ITEM NO. 8.

PAGE 2 OF 2
SUBJECT: Authorize the Town Manager to Execute an Amendment to Execute Agreement with MBS Business Systems
DATE: February 3, 2026
BACKGROUND:

The Town Council previously authorized a five-year agreement with MBS in 2024, for printer purchase, replacement, management, and maintenance services, not to exceed $260,540. The agreement included a detailed table outlining anticipated annual replacement costs.

DISCUSSION:

Staff recommend amending the agreement to remove the annual cost breakdown table for printer replacements. This change will provide flexibility to adjust annual expenditure based on actual needs rather than adhering to a fixed schedule. The total not-to-exceed amount of $260,540 will remain unchanged.

This amendment ensures that the Town can replace printers as needed, rather than following a predetermined plan, allowing for cost optimization and better alignment with operational requirements. Maintenance services and cooperative purchasing terms remain in effect.

CONCLUSION:

The amendment will allow the Town to manage printer replacements more efficiently while maintaining fiscal responsibility. Staff recommends that the Town Council authorize the Town Manager to execute this amendment.

COORDINATION:

The Finance Department, Town Attorney, Information Technology, and Town Manager’s Office coordinated this report.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Proposed Amendment to Town MBS Agreement

ITEM NO. 8.
1 of 1

FIRST AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT amends that certain agreement titled Agreement for Consultant Services dated December 1, 2024 , made by and between the Town of Los Gatos, ("Town,") and MBS Business Systems (Monterey Bay Office Products, Inc) (“Consultant”), a Corporation.

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

B. The parties entered into a first amendment to Agreement for Consultant Services on December 19, 2025.

C. The parties desire to amend the Agreement in order to remove the yearly breakdown plan.

AMENDMENT

1. Section 2.2 of the Agreement for Consultant Services, “Term and Time of Performance”, is revised to read as follows: “This contract will remain in effect from December 1, 2024, to November 30, 2029. Consultant shall replace printers and provide maintenance as described in this agreement; total not to exceed $260,540” and remove the remaining language.

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

Town of Los Gatos Approved as to Consent:

By: _______________________________ By: ______________________________ Chris Constantin, Town Manager MBS
Department Approval:
_______________________________________
Sai Kim, Chief Technology Officer
Approved as to Form:
______________________________
Gabrielle Whelan, Town Attorney
ATTACHMENT 1 Page 41
ITEM NO. 8.

Agreement for Services with MBS

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on December 1, 2024, by and between the TOWN OF MBS Business Systems (Monterey
Bay Office Products, Inc), 325 Victor Street, Suite A, Salinas, CA 93907. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 The Town desires to engage Consultant to provide multifunctional printer purchase, replacement, management, and maintenance services.

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

1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.

Consultant acknowledges Town has relied upon these warranties to retain Consultant.

II. AGREEMENTS

2.1 Scope of Services. Consultant shall provide services as described in that certain proposal dated November 6, 2024, which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. This contract will remain in effect from December 1, 2024, to November 30, 2029. Consultant shall perform the services described in this agreement as follows:

Year 1 (2024-2025)
Printers to replace 13
Total cost for replacements of $53,112.49
Maintenance fees (entire fleet of printers) $29,068.40
Year 2 (2025-2026)
Printers to replace 10
Total cost of replacement printers $40,874.30
Maintenance fees (entire fleet of printers) $26,302.14
Year 3 (2026-2027)
Printers to replace 13
Total cost of replacement printers $37,469.47
Maintenance fees (entire fleet of printers) $24,227.81

ITEM NO. 8.

Agreement for Services with MBS

Year 4 (2027-2028)
Printers to replace NONE
Maintenance fees only $24,227.81
Year 5 (2028-2029)
Printers to replace NONE
Maintenance fees only $25,257.03
Total not to exceed $260,540

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

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

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

2.6 Compensation. Compensation for Consultant's professional services shall not exceed $260,540.00, inclusive of all costs. Payment shall be based upon Town approval of each task.

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

ITEM NO. 8.

Agreement for Services with MBS

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

2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's 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 Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town.

2.10 Independent Contractor. It is understood that the Consultant, 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 that accrue to Town employee(s). With prior written consent, the Consultant 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. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant 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 Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.

2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant 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, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Consultant 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, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this

ITEM NO. 8.

Agreement for Services with MBS

Agreement, Consultant 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. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant 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. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.

General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions.

ITEM NO. 8.

Agreement for Services with MBS

ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

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

3.3 . In addition to these policies, Consultant 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, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees.

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

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.

ITEM NO. 8.

Agreement for Services with MBS

4.3 Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

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

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
MBS Business Systems
325 Victor Street, Ste. A
Salinas, CA 93907
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

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

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

ITEM NO. 8.

Agreement for Services with MBS

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

Town of Los Gatos by:

Chris Constantin, Town Manager
Recommended by:

Sai Kim, Chief Technology Officer
Consultant, by:

Printed Name and Title
Approved as to Form:

Gabrielle Whelan, Town Attorney
Attest: Wendy Wood, CMC, Town Clerk

ITEM NO. 8.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/03/2026
ITEM NO: 9
DATE: February 3, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Authorizing Banking Signature Authority for Designated Town Personnel
RECOMMENDATION: Adopt a resolution authorizing the Town Manager, Assistant Town Manager, and Administrative Services Director to have banking signature authority on behalf of the Town
FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

STRATEGIC PRIORITY:

This action supports the Strategic Priorities regarding prudent financial management by ensuring continuity of financial operations.

BACKGROUND:

The Town maintains several bank accounts for operational purposes, including payroll, accounts payable, and other financial transactions. Signature authority is required to execute checks, authorize electronic transfers, and perform other banking functions necessary for day-to-day operations.

Currently, banking signature authority is limited to the Finance Director. With the addition of the Administrative Services Director position and the retirement of the Finance Director, and to ensure continuity of operations and provide flexibility in financial management, staff recommend granting signature authority to the Town Manager, Assistant Town Manager, and

ITEM NO. 9.

PAGE 2 OF 2
SUBJECT: Adopt a Resolution Authorizing Banking Signature Authority for Designated Town Personnel
DATE: February 3, 2026
the Administrative Services Director. This would result in the Town having three authorized signatories on the Town’s banking accounts.

DISCUSSION:

Granting signature authority to the Town Manager, Assistant Town Manager, and Administrative Services Director will ensure operational efficiency by reducing delays in processing financial transactions.

The Town Manager, Assistant Town Manager, and Administrative Services Director will be subject to all existing internal control policies, including dual-signature requirements and transaction limits.

CONCLUSION:

Authorizing banking signature authority for the Town Manager, Assistant Town Manager, and Administrative Services Director will strengthen operational efficiency, ensure continuity in financial processes, and provide necessary redundancy for critical banking functions. This action aligns with best practices for internal controls and supports the organization’s ability to manage financial transactions promptly and securely.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Resolution

ITEM NO. 9.
1 of 1
Resolution 2026- Council Meeting Date
RESOLUTION 2026-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS WHEREAS, the Town of Los Gatos maintains bank accounts for the purpose of conducting official Town business; and
WHEREAS, it is necessary to designate an authorize signatories to execute transactions on behalf of the Town; and
WHEREAS, the Town Manager, Assistant Town Manager, and the Administrative Services Director are responsible for overseeing town operations, financial operations and ensuring compliance with applicable laws and regulations; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby declare, determine, and order as follows: authorizes the Town Manager, Assistant Town Manager, and Administrative Services Director to have full signing authority on all Town bank accounts, including but not limited to the ability to sign checks, authorize electronic transfers, and execute other banking transactions necessary for the efficient operation of Town business.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3
rd of February, 2026, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTACHMENT 1

ITEM NO. 9.

PREPARED BY: Vilcia Rodriguez
Human Resources Division Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/03/2026
ITEM NO: 10
DATE: February 3, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution to Approve a Fourth Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Attorney and Authorize the Mayor to Execute the Amendment; Modify the Management Salary Schedule to Reflect the New Salary of $310,000; and Authorize a Budget Adjustment in the Amount of $24,195 from Available General Fund Unassigned Balance
RECOMMENDATION: Adopt a resolution approving the fourth amendment to the Employment Agreement between the Town of Los Gatos and the Town Attorney; authorize the Mayor to execute the agreement; modify the Management Salary Schedule to reflect the new salary for the Town Attorney of $310,000 (Attachment 3 ); and authorize a Budget Expenditure Adjustment in the total amount of $24,195 that includes a $17,419 merit increase and $6,776 for costs associated with payroll, retirement and taxes from a General Fund unassigned fund balance.

FISCAL IMPACT:

Funding to support the Town Attorney’s salary and benefits is authorized in the annual budget each fiscal year along with all other Town employee compensation and benefits. The anticipated fiscal impact for the remainder of the fiscal year is $24,195. The requested budget adjustment is funded from available General Fund unassigned balance and additional salary and benefit cost for Fiscal Year (FY) 2025/26 will be reflected in fund and account number 111- 1301-51111. Funding for the ongoing costs each year will be incorporated into the proposed future year budgets for Council approval.

ITEM NO. 10.

PAGE 2 OF 3
SUBJECT: Approve an Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Manager
DATE: February 3, 2026
STRATEGIC PRIORITY:

This item is not associated directly with a specific strategic priority; however, it aligns with the Town’s Core Goal of Good Governance.

BACKGROUND:

As an appointee of the Town Council, the Town Attorney is employed under an Employment Agreement (Attachment 4) specifying the terms and conditions of employment. The terms and conditions of employees include items such as base pay, basic and optional benefits, covered expenses, parameters for an annual performance review, and conditions for termination/severability. Senate Bill 1436 requires an oral summary at a Council meeting when a recommendation is made related to modifying the salary, salary schedule, or fringe benefits of any person employed under an Employment Agreement with a local agency.

DISCUSSION:

As outlined in the Employment Agreement, the Town Council reviews the Town Attorney’s performance and compensation annually through a performance evaluation. In accordance with the agreement terms for Town Attorney Gabrielle Whelan, the Town Council completed the evaluation for the period of November 2024 through November 2025.

Based upon the completion of a satisfactory performance review, the Town Council authorized a merit increase retroactive to November 23, 2025. This would be equivalent to $310,000 annually.

CONCLUSION:

Based upon the completion of a satisfactory performance review in Closed Session, it is recommended that the Town Council adopt a resolution approving the fourth amendment to the Employment Agreement between the Town of Los Gatos and the Town Attorney; authorize the Mayor to execute the agreement; modify the Management Salary Schedule to reflect the new salary for the Town Attorney of $310,000 (Attachment 3 ); and authorize a Budget Expenditure Adjustment in the total amount of $24,195 that includes a $17,419 merit increase and $6,776 for costs associated with payroll, retirement and taxes from a General Fund unassigned fund balance.

ENVIRONMENTAL ASSESSMENT:

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

ITEM NO. 10.

PAGE 3 OF 3
SUBJECT: Approve an Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Manager
DATE: February 3, 2026
Attachments:

1. Resolution

2. Fourth Amendment to the Employment Agreement – Town Attorney (Exhibit A)

3. Salary Schedule for Town Council and Management

4. Employment Agreement - Town Attorney

ITEM NO. 10.
1 of 1
Resolution 2026 - xxxx February 3, 2026
ATTACHMENT 1
RESOLUTION 2026 -xxxx

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS WHEREAS, the Town of Los Gatos (“Town”) and Town Attorney (“Attorney”) entered into an Employment Agreement dated April 21, 2022 ("Agreement"), appointing the Attorney as the Town Attorney effective May 16, 2022; and
WHEREAS, the Town Council has conducted a performance evaluation of the Attorney and has deemed that Attorney has performed satisfactorily; and WHEREAS, the parties desire to amend the Agreement to increase the Town Attorney’s compensation.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby approve the Agreement as amended to incorporate changes to compensation to reflect an annual base salary of Three Hundred Ten Thousand Dollars ($310,000.00) annually as reflected in the fourth amendment (Exhibit A) to the Agreement.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3
rd day of February 2026, 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.

ATTACHMENT 2
AMENDMENT NO. 4 TO TOWN ATTORNEY EMPLOYMENT AGREEMENT
THIS AMENDMENT NO. 4 ("Amendment") is made and entered into this 3 rd day of February,
2026, by and between the TOWN OF LOS GATOS, a municipal corporation in the State of California ("TOWN"), and GABRIELLE WHELAN ("ATTORNEY").

RECITALS
A. WHEREAS, the TOWN and ATTORNEY entered into an Employment Agreement dated April 21, 2022 ("Agreement"), appointing ATTORNEY as Town Attorney effective May 16, 2022; and
C. WHEREAS, the Town Council has conducted a performance evaluation of the ATTORNEY and has deemed that ATTORNEY has performed satisfactorily; and D. WHEREAS, the parties desire to amend the Agreement to increase the Town Attorney’s compensation.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

SECTION 1. AMENDMENT TO SECTION 2 (SALARY) Section 2.A of the Agreement is hereby amended in its entirety to read as follows:
"A. Salary. TOWN agrees to pay ATTORNEY for services rendered in the amount of Three Hundred Ten Thousand Dollars ($310,000.00) annually, payable in installments at the same time as other employees of TOWN are paid. This salary adjustment shall become effective November 23, 2025.”
SECTION 2. RATIFICATION OF AGREEMENT Except as expressly amended by this Amendment No. 4, all other terms, conditions, and provisions of the Agreement dated April 21, 2022, shall remain in full force and effect.

SECTION 7. EFFECTIVE DATE This Amendment shall be effective upon execution by both parties.

IN WITNESS WHEREOF, the parties have executed this Amendment No. 4 as of the date first written above.

TOWN OF LOS GATOS
______________________________ Mayor

ATTORNEY
______________________________ Gabrielle Whelan

ITEM NO. 10.

Town of Los Gatos Town Council and Management Classifications Salary Schedule for Fiscal Year 2025/26
Effective February 3, 2026*
Class
Code Classification Title Annual Salary Minimum
Annual
Salary
Maximum
2900 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
11/24/25) $ 310,000
2190 Town Clerk $ 151,804 $ 204,935
2615 Town Engineer $ 167,562 $ 226,208
2100 Town Manager - Council Appointed (Effective
2/15/2026) $ 366,000
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)
* Except for Town Attorney, Town Manager and Town Council as noted.

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%
ATTACHMENT 3

ITEM NO. 10.

DocuSign Envelope ID: 38653AF8- 0E7F- 493C- ACCB- 099A68092B50

TOWN ATTORNEY EMPLOYMENT AGREEMENT
This Agreement is made and entered into the day of April 2022, by and between the Town of Los Gatos, a municipal corporation in the State of California (" TOWN"), and Gabrielle Whelan (" ATTORNEY").

RECITALS
A. The Town Council of the Town of Los Gatos desires to appoint Gabrielle Whelan to the position of Town Attorney of the Town of Los Gatos on May 16, 2022.

B. It is the desire of the Town Council to establish the terms and conditions of employment of Gabrielle Whelan as Town Attorney ofthe Town of Los Gatos, including the duties, salary, and benefits of employment.

C. Gabrielle Whelan desires to accept employment as Town Attorney of the Town of Los Gatos under the terms set forth herein.

NOW, THEREFORE, in consideration of the respective and mutual covenants hereinafter contained and made, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, and subject to all the terms and conditions hereof, the parties agree as follows:

SECTION I. DITTIES AND RESPONSIBILITIES:

A. Annointment as Town Attorney. TOWN hereby agrees to employ ATTORNEY in the capacity of Town Attorney for TOWN during the term of this Agreement. ATTORNEY will perform the functions and duties specified in Section 2. 30. 505 ofthe Los Gatos Municipal Code for this position and perform such other legally permissible and proper duties and functions as the Town Council may from time to time assign or delegate. Legal services shall include, but not be limited to, the preparation and review of ordinances, resolutions, agreements, and contracts; legal research; attendance at Town Council meetings and other meetings upon request ( such as high profile Planning Commission meetings); rendering of legal opinions to the Town Council and Town Manager; representation of the Town, members ofthe Town Council and other Town officers and employees in claims and litigation filed by or against the Town, except those that the Town Attorney or Town Council determine should be handled by outside counsel; and such other legal services as may be directed by Town Council or Town Manager. Consistent with other demands of the office, Attorney will use best efforts to handle general municipal and land use litigation herself to reduce costs of outside counsel.

B. Exclusive F,mployment. During the term ofthis Agreement, ATTORNEY shall be in the exclusive employ of TOWN; provided, however, that the term " exclusive employ" shall not prohibit future part-time employment which the Employee may desire to accept with appropriate prior knowledge and approval of the Town Council. " Appropriate prior knowledge and approval ofthe Town Council" shall mean that ATTORNEY shall give four 4) weeks written notice to the Town Council prior to accepting part-time employment and approval ofthe Town Council shall be deemed given unless any Town Council member states in writing that they desire a closed session to discuss the part-time employment. Such parttime employment shall not in any way conflict in time or interest with ATTORNEY' s responsibilities to TOWN. Town Council shall have uncontrolled discretion in granting parttime outside employment and its determination to grant or deny part-time outside employment shall be final.

ATTACHMENT 4 Page 58
ITEM NO. 10.

DocuSign Envelope ID: 38653AF8- 0E7F- 493C- ACCB- 099A68092B50 SECTION 2. SALARY:

A. Initial Salary. TOWN agrees to pay ATTORNEY for her services rendered in the amount of $249, 900 annually, payable in installments at the same time as other employees of TOWN are paid.

B. Performance Evaluations. The Town Council shall evaluate the ATTORNEY' s performance on or before November 30, 2022, and in November annually thereafter.

C. Salary Increases. Should the Town Council, upon completion of its review of ATTORNEY' s performance pursuant to this Agreement, determine that ATTORNEY has met its performance expectations; the Town Council shall increase ATTORNEY' s compensation at least consistent with compensation increases granted by Town Council to other Town Management ( AtWill/ Unrepresented) Employees. ATTORNEY understands and agrees that she has no entitlement to an increase in compensation. Any decision to increase ATTORNEY' s compensation shall be retroactive to the beginning of the pay period immediately preceding the evaluation conducted in accordance with Section 2(B) above.

SECTION 3. BENEFITS:

All provisions of the Town Code and regulations and rules of Town relating to vacation and sick leave, medical, dental, vision, retirement ( 2% at 60 formula, 36- month highest average salary) and pension system contributions, holidays, cash out provisions, and other fringe benefits and working conditions pertaining to Town Management ( At-Will/Unrepresented) Employees as they now exist or hereafter may be amended, except as otherwise set forth herein, also shall apply to ATTORNEY. Nothing in this Agreement shall affect any vacation, personal leave, administrative leave, sick time, pension system contributions or accruals, or other benefits which ATTORNEY has accrued and is owed or attributable to ATTORNEY as of the date of this Agreement, all of which shall remain accrued, owing, and attributable to ATTORNEY until used or redeemed by ATTORNEY.

SECTION 4. HOURS OF WORK AND LEAVE BENEFITS:

A. Regular Hours. ATTORNEY' s duties may involve expenditures of time in excess of eight ( 8) hours per day and/ or forty ( 40) hours per week, and may also include time outside normal office hours such as attendance at Town Council and other meetings. ATTORNEY shall not be entitled to additional compensation for any work performed in excess ofthe TO WN' s regular workweek.

B. Administrative Leave. It is recognized that ATTORNEY must devote a great deal of her time outside normal office hours without benefit of paid overtime in the conduct of TOWN business, and, to that end, ATTORNEY shall be entitled to administrative leave in an equivalent amount to that granted Town Management ( At-Will/Unrepresented) Employees, which the parties agree is five ( 5) days per year. ATTORNEY shall be entitled to accrue, use or redeem administrative leave in whatever manner is permitted pursuant to Town policy, as same may be amended from time to time by action of the Town Council.

C. Personal Leave. ATTORNEY shall be entitled to personal leave in the amount of five ( 5) days per year. ATTORNEY shall be entitled to accrue, use or redeem personal leave in whatever manner is permitted pursuant to Town policy, as same may be amended from time to time by action of the Town Council.

ITEM NO. 10.

DocuSign Envelope ID: 38653AF8- 0E7F- 493C- ACCB- 099A68092B50 D. Vacation Leave. ATTORNEY shall be entitled to vacation leave in the amount of 25 days per year. ATTORNEY shall be entitled to accrue, use or redeem personal leave in whatever manner is permitted pursuant to Town policy, as same may be amended from time to time by action of the Town Council.

E. Sick Leave. ATTORNEY shall be entitled to sick leave in the amount of 12 days per year. ATTORNEY shall be entitled to accrue, use or redeem personal leave in whatever manner is permitted pursuant to Town policy, as same may be amended from time to time by action of the Town Council.

F. 1VIileage Reimbursement. fall Phone Stipend. Holidays.

Bereavement/ Compassion Leave. Flexible Health Spending Account. Employee Assistance Program. and Other Fringe Benefits. ATTORNEY shall be entitled to mileage reimbursement, cell phone stipend, holidays, bereavement/ compassion leave, Flexible Health Spending Account, Employee Assistance Program, and other fringe benefits as they now exist or hereafter may be amended for Town Department Directors.

SECTION 5. TECHNOLOGY:

A. Technology. TOWN agrees to budget, within the budget amount approved by the TOWN, a technology budget to assist ATTORNEY in keeping technologically current and personal productivity high. The technology improvements will be used to pay the cost of acquisition of equipment and purchase of services related to information systems, data handling, communications and productivity and shall be budgeted for the good of the Town in accordance with approved budgeting limitations. Purchases for technology improvements shall remain the property of the TOWN.

SECTION 6. ADDITIONAL EXPENSES:

A. Dues and Subscriptions. TOWN agrees to pay the professional dues and subscriptions of ATTORNEY necessary for her continuation and full participation in such national, regional, state and local associations and organizations as are necessary and desirable for her continued professional participation, growth, and advancement and for the good of TOWN in accordance with approved budgetary limitations.

B. Professional Develonment. TOWN agrees that attendance at State Bar Association, Santa Clara County Bar Association, League of California Cities ( Attorneys Department), the Bay Area City Attorneys Association, Santa Clara County City Attorneys Association, and other professional development activities is both beneficial and expected. TOWN hereby agrees to pay the travel, lodging, and subsistence expenses of ATTORNEY for professional and official travel, lodging, meetings, and occasions, and for short courses, institutes, and seminars necessary to continue the professional development of ATTORNEY, and to adequately pursue necessary official and other functions for TOWN, in accordance with approved budgetary limitations.

C. J xecutive Expenses. TOWN recognizes that certain expenses of a non -personal and job -affiliated nature are incurred by ATTORNEY and hereby agrees to reimburse such expenses upon presentation of a receipt and submission ofthe appropriate confining purchase requisition to the Mayor and Town Finance Department, in accordance with approved budgetary limitations and subject any policies and guidelines the Town Council may impose.

ITEM NO. 10.

DocuSign Envelope ID: 38653AF8- 0E7F- 493C- ACCB- 099A68092B50 SECTION 7. TERM: TERMINATION:

A. Term of Agreement. This Agreement shall commence upon execution by the parties and become effective May 16, 2022 and extend indefinitely until terminated as provided hereinafter.

B. At -Will Em ployment. ATTORNEY' s employment with the Town is " at -will" and ATTORNEY serves at the pleasure ofthe Town Council. As such, a majority ofthe Town Council may terminate ATTORNEY' s employment at any time, with or without cause pursuant to the provisions in this agreement.

C. Termination Without Cause. In the event that TOWN terminates ATTORNEY' s employment for reasons other than those set forth in subsection D below, including without limitation, for no reason stated, within the term of this Agreement, or any extensions, TOWN agrees to pay ATTORNEY a cash payment equal to six ( 6) months of the ATTORNEY' s then current salary and any benefits that are lawfully required to be continued pursuant to COBRA and other statutes. Following such six ( 6) month period, ATTORNEY retains the right to participate in Town health and related benefit programs, should such programs be instituted during the term of this Agreement, at ATTORNEY' s own and sole expense pursuant to the terms of COBRA. ATTORNEY shall be compensated for any unused vacation leave, holidays, and other benefits then accrued consistent with Town policies. The schedule of the payment pursuant to this section shall be at the sole discretion of the ATTORNEY.

D. Termination With Cause. The TOWN may terminate ATTORNEY' s employment hereunder at any time for cause. No lump sum cash payment or other severance pay shall be due ATTORNEY upon any termination for cause. For purposes of this Agreement, " cause" shall mean any of the following: ( i) a gross or habitual failure to perform the functions and duties of the Town ATTORNEY or any other obligations as required by the terms of this Agreement; ( ii) Any other intentional or grossly negligent action or inaction by ATTORNEY that materially and substantially:

A) impedes or disrupts the operations of the TOWN or its organizational units; ( B) is detrimental to employee or public safety; or ( C) violates properly established rules or procedures of the Town causing a material and substantial adverse effect on the TOWN's interests as clearly defined and delineated by properly established Town Council action taken by the Town Council as a body, policy, regulations or ordinances of the TOWN; ( iii) That ATTORNEY has been willfully and intentionally absent without leave, or has willfully and intentionally failed to report after leave of absence has expired; ( iv) That ATTORNEY has willfully failed or refused to appear in obedience to lawful process or order of the Town Council or to answer questions under oath, before the TOWN Council or before a duly authorized committee of Congress of the United States or of the Legislature of the State of California, or a committee or subcommittee of said Congress or Legislature, or before any authorized court, office or tribunal, or before a Grand Jury, on any subject relating to (I) matters connected with the conduct of official business ofthe TOWN or of any division, department, board or commission thereof, or ( 2) any of the matters set forth in sections 1028 and 1028. 1 of the Government Code of the State of California; or ( v) That ATTORNEY has been convicted of a misdemeanor involving a crime of moral turpitude or a felony, or entry of a plea of nolo contendere with regard to a misdemeanor involving a crime of moral turpitude or a felony.

E. Voluntary Resignation. ATTORNEY may voluntarily resign her position with TOWN before expiration of the term of this Agreement by giving TOWN sixty ( 60) days prior written notice. No lump sum cash payment or other severance pay shall be due ATTORNEY upon any voluntary resignation.

ITEM NO. 10.

DocuSign Envelope ID: 38653AF8- 0E7F- 493C- ACCB- 099A68092B50 F. Termination Based on Disability or Death. In the event ATTORNEY is permanently disabled, as determined by ATTORNEY' s duly licensed physician, or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health reasons for a period of three ( 3) consecutive months beyond any accrued sick leave, Town may terminate this Agreement.

G. Limitation on Obligation. Notwithstanding anything to the contrary herein, TOWN shall not be obligated to pay, and shall not pay, any amounts or continue any benefits under this agreement if ATTORNEY is terminated in the event ATTORNEY is convicted of a crime involving an abuse of her office or position. Any paid leave salary offered by TOWN to ATTORNEY pending an investigation shall be fully reimbursed by ATTORNEY if ATTORNEY is convicted of a crime involving an abuse of her office or position. For the purposes of this section, " abuse of office or position" means and is limited to the definition under Government Code section 53243. 4 either of the following: ( a) an abuse of public authority including but not limited to waste, fraud, and violation of the law under color of authority; or ( b) a crime against public justice, including but not limited to, a crime described in Title 7 ( commencing with Section 92) of Part I of the California Penal Code.

SECTION 8. GENERAL PROVISIONS:

A. Entire Agreement. This Agreement shall constitute the full, complete and exclusive agreement between the parties hereto and shall supersede all prior and contemporaneous agreements, understandings and representations regarding the subject matter hereof, whether oral or written.

B. Indemnification. TOWN agrees to defend, hold harmless and indemnify ATTORNEY against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out an alleged act or omission occurring in the performance of ATTORNEY' s duties. TOWN, at its direction, is not required to indemnify ATTORNEY for any illegal or criminal acts for which a court of competent jurisdiction has determined, without possibility of appeal, was committed by ATTORNEY.

C. Bonding R ea uirem ents. TOWN shall bear full cost of the Fidelity Bond required of ATTORNEY under any law or ordinance.

D. Assignment. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by TOWN and ATTORNEY and their respective successors, assigns, heirs and executors, except that ATTORNEY may not assign this Agreement or delegate any of her obligations hereunder and may only assign her rights hereunder with the prior written consent of TOWN.

E. Sever ability. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder ofthis Agreement or portion thereof shall be deemed severable, shall not be affected and shall remain in full force and effect.

F. Notices. Any notice required under this Agreement shall be in writing, shall be sent by personal delivery, courier or first class mail, return receipt requested, and shall be deemed effective upon receipt.

G. Governing Law, This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflicts of laws principles.

H. Attornev' s Fees. In the event of any dispute between the parties hereto relating to or arising out of this Agreement, the prevailing party shall be entitled to receive its reasonable attorneys' fees and costs, in addition to any other relief it may receive.

ITEM NO. 10.

DocuSign Envelope ID: 38653AF8- 0E7F- 493C- ACCB- 099A68092B50 IN WITNESS WHEREOF, the Town of Los Gatos has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested to by its Town Clerk, and the ATTORNEY has signed and executed this Agreement the day and year first above written.

ATTORNEY:

DocuSigned by:
aaDviat, RUAAA,
86F60A7912CA444
Gabrielle Whelan
4/ 14/ 2022
TOWN OF LOS GATOS:
4/ 20/2022
Robert Rennie, Mayor
Approved As To Form:
rleDocuSigned
by:
dt' u'+ (P. SG67' j
4/ 18/ 2022 E0938.

5.5.5R744C... Robert
Schultz, Interim Town Attorney Attest:

LDocuSigned
by:
awkel,

69. 6.6.6.U.SIBIEILE6 Shelley
Neis, MMC, CPMC, Town Clerk 4/
21/ 2022

ITEM NO. 10.

PREPARED BY: Vilcia Rodriguez
Human Resources Division Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/03/2026
ITEM NO: 11
DATE: February 3, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution to Approve the First Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Manager and Authorize the Mayor to Execute the Amendment; Modify the Management Salary Schedule to Reflect a New Salary of $366,000; and Authorize a Budget Adjustment in the Amount of $19,766 funded from Available General Fund Unassigned Fund Balance
RECOMMENDATION: Adopt a resolution approving the first amendment to the Employment Agreement between the Town of Los Gatos and the Town Manager; authorize the Mayor to execute the agreement; modify the Management Salary Schedule to reflect the new salary of $366,000 for the Town Manager; and authorize a Budget Expenditure Adjustment in the total amount of $19,766 which includes a $14,230 merit increase and $5,5,536 for costs associated with payroll, retirement and taxes from the Available General Fund unassigned balance.

FISCAL IMPACT:

Funding to support the Town Manager’s salary and benefits is authorized in the annual budget each fiscal year, along with all other Town employee compensation and benefits. The anticipated fiscal impact for the remainder of the fiscal year is $19,766 prorated to February 15, 2026, effective date through the remainder of the fiscal year. The requested budget adjustment will be funded from the available General Fund unassigned balance, and additional salary and benefits costs for Fiscal Year (FY) 2025/26 will be reflected in fund and account number 111- 2101-51111. Funding for the ongoing costs each year will be incorporated into the proposed future year budgets for Council approval.

ITEM NO. 11.

PAGE 2 OF 3
SUBJECT: Approve an Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Manager
DATE: February 3, 2026
STRATEGIC PRIORITY:

This item is not associated directly with a specific strategic priority; however, it aligns with the Town’s Core Goal of Good Governance.

BACKGROUND:

As an appointee of the Town Council, the Town Manager is employed under an Employment Agreement (Attachment 4) specifying the terms and conditions of employment. The terms and conditions of employees include items such as base pay, basic and optional benefits, covered expenses, parameters for an annual performance review, and conditions for termination/severability. Senate Bill 1436 requires an oral summary at a Council meeting when a recommendation is made related to modifying the salary, salary schedule, or fringe benefits of any person employed under an Employment Agreement with a local agency.

DISCUSSION:

As outlined in the Employment Agreement, the Town Council reviews the Town Manager’s performance and compensation annually through a performance evaluation. In accordance with the agreement terms for Town Manager, Chris Constantin, the Town Council completed the evaluation for the period of November 2024 through November 2025.

Based upon the completion of a satisfactory performance review, the Town Council authorized an eleven-point twenty-five percent (11.25%) merit increase effective February 15, 2026, equivalent to $366,000 annually, and an increase in management leave hours from 40 to 80 hours. The Council further approved establishing the January 1, 2026 rate as the baseline for benefit costs; any future rate adjustments must be negotiated with the Town Council. These changes are reflected in the first amendment to the employment agreement along with authorizing additional activities under Section 1.E (“Other Activities”) and correcting a clerical error.

CONCLUSION:

Based upon the completion of a satisfactory performance review in Closed Session, it is recommended that the Town Council adopt a resolution approving the first amendment to the Employment Agreement between the Town of Los Gatos and the Town Manager; authorize the Mayor to execute the agreement; modify the Management Salary Schedule to reflect the new salary of $366,000 for the Town Manager; and authorize a Budget Expenditure Adjustment in the total amount of $19,766 which includes a $14,230 merit increase and $5,5,536 for costs

ITEM NO. 11.

PAGE 3 OF 3
SUBJECT: Approve an Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Manager
DATE: February 3, 2026
associated with payroll, retirement and taxes from the Available General Fund unassigned balance.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Resolution

2. First Amendment to the Employment Agreement – Town Manager

3. Salary Schedule for Town Council and Management

4. Employment Agreement - Town Manager

ITEM NO. 11.
1 of 2
Resolution 2026 - xxxx February 3, 2026
ATTACHMENT 1
RESOLUTION 2026 -xxxx

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS WHEREAS, the Town Manager Chris Constantin (“Manager”) and the Town of Los Gatos (“Town”) entered into an Employment Agreement dated August 22, 2024 ("Agreement"), appointing the Manager as the Town Manager effective November 4, 2024; and WHEREAS, the Manager has completed his first year of service to the Town; and WHEREAS, the Town Council has conducted a performance evaluation of the Manager and has deemed that the Manager has performed well and exceeded the Town Council’s expectations; and
WHEREAS, the parties desire to amend the Agreement to reflect changes regarding duties, compensation, benefits contributions, and termination protocols, pursuant to Section 8.F of the Agreement.

WHEREAS, Section 2.30.270 of the Los Gatos Municipal Code provides that the Town Manager shall receive compensation as determined by the Town Council and be fixed by resolution; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby approve the Agreement as amended to incorporate changes to compensation to reflect a an annual base salary of Three Hundred Sixty-Six Thousand Dollars ($366,000.00) and management leave in an equivalent amount to ten (10) days per calendar year, and other terms and conditions of employment, as reflected in the first amendment (Exhibit A) to the Agreement.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3
rd day of February 2026, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

ITEM NO. 11.
2 of 2
Resolution 2026 - xxxx February 3, 2026
ATTACHMENT 1
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

ITEM NO. 11.

EXHIBIT A ATTACHMENT 2
AMENDMENT NO. 1 TO TOWN MANAGER EMPLOYMENT AGREEMENT
THIS AMENDMENT NO. 1 ("Amendment") is made and entered into this 3 rd day of February
2026, by and between the TOWN OF LOS GATOS, a municipal corporation in the State of California ("TOWN"), and CHRIS CONSTANTIN ("MANAGER").

RECITALS
A. WHEREAS, the TOWN and MANAGER entered into an Employment Agreement dated August 22, 2024 ("Agreement"), appointing MANAGER as Town Manager effective November 4, 2024; and
B. WHEREAS, MANAGER has completed his first year of service to the TOWN; and C. WHEREAS, the Town Council has conducted a performance evaluation of the MANAGER and has deemed that MANAGER has performed well and exceeded the Town Council’s expectations; and
D. WHEREAS, the parties desire to amend the Agreement to reflect changes regarding duties, compensation, benefits contributions, and termination protocols, pursuant to Section 8.F of the Agreement.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

SECTION 1. AMENDMENT TO SECTION 1 (DUTIES AND RESPONSIBILITIES) Section 1.E ("Other Activities") of the Agreement is hereby amended to add the following provision to the end of the section providing additional clarity to the definition of Other Activities:
"Notwithstanding the foregoing, TOWN explicitly consents to MANAGER engaging in authorship, publishing, and public speaking activities related to MANAGER's personal literary works, provided such activities are conducted outside of normal TOWN business hours."
SECTION 2. AMENDMENT TO SECTION 2 (SALARY) Section 2.A of the Agreement is hereby amended in its entirety to read as follows:
"A. Salary. TOWN agrees to pay MANAGER for services rendered in the amount of Three Hundred Sixty-Six Thousand Dollars ($366,000.00) annually, payable in installments at the same time as other employees of TOWN are paid. This salary adjustment shall become effective February 15, 2026.

Waiver of Retroactivity. In consideration of the benefit enhancements contained within this Amendment, MANAGER explicitly waives any claim to retroactive salary

ITEM NO. 11.

EXHIBIT A ATTACHMENT 2
compensation for the period between November 4, 2025, anniversary date, and February 15, 2026.

SECTION 3. AMENDMENT TO SECTION 4 (HOURS OF WORK AND LEAVE

BENEFITS)
A. Section 4.B ("Management Leave") of the Agreement is hereby amended in its entirety to read as follows:
“B. Management Leave. It is recognized that MANAGER must devote a great deal of their time outside normal office hours without benefit of paid overtime in the conduct of TOWN business, and, to that end, MANAGER shall be entitled to management leave in an equivalent amount to ten (10) days per calendar year, granted in December of each year for the following year and beginning retroactively for December 2025. MANAGER shall be entitled to accrue, use or redeem management leave in whatever manner is permitted pursuant to Town policy, as same may be amended from time to time by action of the Town Council.”
B. Section 4.G ("Medical, Dental, and Vision Insurance") of the Agreement is hereby amended in its entirety to read as follows:
"G. Medical, Dental, and Vision Insurance. The Town shall continue to provide MANAGER medical, dental, and vision insurance. Notwithstanding any other provision or Town policy, the MANAGER's employee contribution rate for said medical, dental, and vision insurance shall be set and fixed as specified on January 1, 2026. Any future adjustments to these contribution rates or benefit levels shall only be made through mutual negotiation and written agreement between the TOWN and MANAGER." SECTION 4. AMENDMENT TO SECTION 7 (TERMINATION)
A. The definition of "Financial mismanagement" found in Section 7.D ("Termination With Cause") of the Agreement is hereby amended to correct a clerical error and shall read as follows:
"b. Financial mismanagement. Management that involves deliberate mishandling in a manner that can be characterized as grossly negligent or incompetent and that will materially reflect negatively upon the financial standing of the Town." SECTION 5. RATIFICATION OF AGREEMENT Except as expressly amended by this Amendment No. 1, all other terms, conditions, and provisions of the Agreement dated August 22, 2024, shall remain in full force and effect.

SECTION 6. EFFECTIVE DATE This Amendment shall be effective upon execution by both parties.

ITEM NO. 11.

EXHIBIT A ATTACHMENT 2
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 as of the date first written above.

TOWN OF LOS GATOS
______________________________ Mayor

MANAGER
______________________________ Chris Constantin
APPROVED AS TO FORM:
______________________________ Town Attorney

ITEM NO. 11.

Town of Los Gatos Town Council and Management Classifications Salary Schedule for Fiscal Year 2025/26
Effective February 3, 2026*
Class
Code Classification Title Annual Salary Minimum
Annual
Salary
Maximum
2900 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
11/24/25) $ 310,000
2190 Town Clerk $ 151,804 $ 204,935
2615 Town Engineer $ 167,562 $ 226,208
2100 Town Manager - Council Appointed (Effective
2/15/2026) $ 366,000
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)
* Except for Town Attorney, Town Manager and Town Council as noted.

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%
ATTACHMENT 3

ITEM NO. 11.
1 TOWN MANAGER EMPLOYMENT AGREEMENT BETWEEN TOWN OF LOS

GATOS AND CHRIS CONSTANTIN
This Agreement made and entered into the 21st day of August, 2024, by and between the Town of Los Gatos, a municipal corporation in the State of California ("TOWN"), and Chris Constantin ("MANAGER'').

RECITALS
A. The Town Council of the Town of Los Gatos desires to appoint Chris Constantin to the position of Town Manager of the Town of Los Gatos on November 4, 2024.

B. It is the desire of the Town Council to establish the terms and conditions of employment of Chris Constantin as Town Manager of the Town of Los Gatos, including the duties, salary and benefits of employment.

C. Chris Constantin desires to accept employment as Town Manager of the Town of Los Gatos under the terms set forth herein.

NOW, THEREFORE, in consideration of the respective and mutual covenants hereinafter contained and made, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, and subject to all the terms and conditions hereof, the parties agree as follows:

SECTION 1. DUTIES AND RESPONSIBILITIES:

A. Appointment as Town Manager. TOWN hereby agrees to employ MANAGER in the capacity of Town Manager for TOWN during the term of this Agreement. MANAGER will perform the functions and duties specified in Section 2.30.295 of the Los Gatos Municipal Code for this position and perform such other 1egally permissible and proper duties and functions as the Town Council may from time to time assign or delegate.

B. Work Schedule. It is recognized that MANAGER is expected to engage in the hours of work that are necessary to fulfill the obligations of the position and is expected to devote a great deal of time both during and outside the normal office hours to the business of the TOWN.

MANAGER acknowledges that proper performance of the duties of MANAGER will require the MANAGER to generally be accessible during normal and outside normal business hours and will also often require the performance of necessary services outside of normal business hours.

MANAGER will be responsible to set their work schedule and will ensure accessibility when not physically present during normal business hours. Notwithstanding the foregoing, the TOWN will permit MANAGER such reasonable “time off” as is customary for exempt employees of the TOWN, so long as the time off does not interfere with normal business. MANAGER’s compensation (whether salary or benefits or other allowances) is not based on hours worked, and MANAGER shall not be entitled to any compensation for overtime unless otherwise permitted by law in the case of reimbursement from a federal agency. While the MANAGER will remain reasonably available outside normal working hours and during “time off”, non-normal working hours and time off shall not be considered TOWN working time unless such time is a TOWN Docusign Envelope ID: AE9FCF62-283E-4F43-ABFC-E2DF7A1DDD55

ITEM NO. 11.
2 event, TOWN community event, or performing TOWN work where the MANAGER is attending or performing in their official capacity.

C. Exclusive Employment. During the term of this Agreement, MANAGER shall be in the exclusive employ of the TOWN; provided, however that the term "exclusive employ" shall not prohibit future part-time, compensated employment which the Employee may desire to accept with appropriate prior knowledge and approval of the Town Council. Additionally, “exclusive employ” shall not include activities specified under Section D and E of this Agreement. "Appropriate prior knowledge and approval of the Town Council" shall mean that MANAGER shall give four (4) weeks written notice to the Town Council prior to accepting part-time, compensated employment and approval of the Town Council shall be deemed given unless any Town Council member states in writing that they desire a closed session to discuss the part-time, compensated employment. Such part-time, compensated employment shall not in any way conflict in time or interest with MANAGER’s responsibilities to TOWN. Town Council shall have uncontrolled discretion in granting part-time, compensated outside employment and its determination to grant or deny part-time outside employment shall be final.

D. Other Business Activities. MANAGER shall focus their professional time, ability, and attention to TOWN business during the term of this Agreement. MANAGER shall not engage in other business activity, without the express prior written consent of the Town Council, that is competitive or may be a conflict-of-interest with the TOWN, or that otherwise interferes with the business or operation of TOWN or the satisfactory performance of MANAGER’s duties.

Nothing in this Agreement shall abridge the MANAGER’s ability to participate in activity outside normal TOWN business hours when such activity is not competitive, a conflict of interest, or impairing the MANAGER’s ability to perform their TOWN duties, including but not limited to, volunteer reserve police officer duty and participating in religious activity.

E. Other Activities. Without materially impacting their primary focus on TOWN business, the MANAGER may continue their academic, teaching, and professional development activity which provides a reasonable benefit to the TOWN and the public administration profession. However, the MANAGER will evaluate interference to TOWN business as identified by the Town Council and consider ceasing and/or modifying such activity when the impact outweighs the benefit.

F. Town Documents. The MANAGER will have access to and develop TOWN documents in furtherance of TOWN business, including but not limited to data, studies, reports, computer data and other documents. All data, studies, reports and other documents prepared by TOWN while performing their duties during the term of this Agreement shall be furnished to and become the property of the TOWN, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to the MANAGER in connection with the performance of this Agreement shall be held confidential by MANAGER to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by MANAGER, without the prior written consent of the Town Council, for any purposes other than the performance of their duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of Docusign Envelope ID: AE9FCF62-283E-4F43-ABFC-E2DF7A1DDD55

ITEM NO. 11.
3 competent jurisdiction. Nothing in this section shall abridge the MANAGER’s use and ownership of any material, documents, ideas, or other intellectual property developed, authored, or created on their own time outside of TOWN working hours on non-TOWN owned equipment.

G. Town Council Commitments. Except for the purpose of inquiry, the Town Council and its members shall deal with all subordinate Town employees, officers, contracts, and consultants through the MANAGER or the MANAGER’S designee, and neither the Town Council nor any member thereof shall give direction to any subordinate of the MANAGER, either publicly or privately. No member of the Town Council will order the appointment or removal of any person to any office or employment under the supervision and control of the MANAGER.

Neither the Town Council nor any of its members shall interfere with the execution of the powers and duties of the Town Manager, as specified in the Town Code, this Agreement, or any other lawfully adopted and authorized document.

SECTION 2. SALARY:

A. Initial Salary. TOWN agrees to pay MANAGER for their services rendered in the amount of $329,000 annually, payable in installments at the same time as other employees of TOWN are paid.

B. Performance Evaluation. The performance review and evaluation process set forth herein is intended to provide review and feedback to MANAGER so as to facilitate a more effective management of the TOWN.

1. Annual Evaluation. Town Council shall review and evaluate the performance of MANAGER annually on or about the one (1) year anniversary of MANAGER’s start date and every year thereafter. The Town Council and MANAGER shall mutually agree on the criteria, metrics, and/or expectations used to evaluate the MANAGER. It shall be the obligation of MANAGER and/or the Town Clerk to notify Town Council of the need to conduct the evaluation required by this Section.

2. Development and Mentoring. Town Council will support the continuous development and mentoring of the MANAGER to stay current on local government matters, enhance knowledge, skills, and abilities to effectively manage TOWN operations, and will annually budget the resources necessary to further this objective. Such development and mentoring shall include funding for training and business expenses provided for in Section 6 of this Agreement.

3. Written Summary. Town Council and MANAGER agree to jointly prepare a written summary of each performance evaluation of MANAGER, and to include the same in their personnel file within two (2) weeks following conclusion of the review and evaluation process. Town Council shall schedule at least one (1) closed personnel session with MANAGER to deliver and discuss the evaluation.

C. Salary Increases. Should the Town Council, upon completion of its annual review of MANAGER's performance pursuant to this Agreement, determine that MANAGER has met its Docusign Envelope ID: AE9FCF62-283E-4F43-ABFC-E2DF7A1DDD55

ITEM NO. 11.
4 performance expectations; the Town Council may increase MANAGER’s compensation. In addition, in the event that the Town Council grants a cost of living increase or performance-based increase to their at-will management employees, the Town Council will not unreasonably withhold those increases from MANAGER. However, MANAGER understands and agrees that they have no entitlement to an increase in compensation.

D. Discretionary Manager Retention Payment. Town Council agrees to consider whether to afford MANAGER a performance-based employee retention payment up to a maximum of Fifteen Thousand Dollars ($15,000.00). The determination of whether, and in what amount (up to the maximum noted herein), to afford an employee retention payment shall be in the sole and unfettered discretion of the Town Council and shall not be the subject of any right of appeal or review.

SECTION 3. RETIREMENT BENEFITS:

All provisions of the Town Code and regulations and rules of Town relating to vacation and sick leave, medical, dental, vision, retirement (2 @ 60 formula, 36-month highest average salary) and pension system contributions, holidays, cash out provisions, and other fringe benefits and working conditions pertaining to Town Management (At-Will/Unrepresented) Employees as they now exist or hereafter may be amended, except as otherwise set forth herein, also shall apply to MANAGER. Nothing in this Agreement shall affect any vacation, personal leave, administrative leave, sick time, pension system contributions or accruals, or other benefits which MANAGER has accrued and is owed or attributable to MANAGER as of the date of this Agreement, any of which shall remain accrued, owing, and attributable to MANAGER until used or redeemed by MANAGER.

MANAGER shall be eligible to participate in the Town’s Deferred Compensation program provided to all full-time employees, subject to the terms and conditions in the Town’s Personnel Rules, as may be amended from time to time. As of the Effective Date of this Agreement, the Town will match MANAGER’s deferred compensation contributions dollar for dollar up to the applicable limits specified in Internal Revenue Code Section 457.

SECTION 4. HOURS OF WORK AND LEAVE BENEFITS:

A. Regular Hours. As specified in Section 1.B of this Agreement, MANAGER's duties may involve expenditures of time in excess of the typical full-time hours per week and may also include time outside normal office hours such as attendance at Town Council and other meetings. MANAGER shall not be entitled to additional compensation for any work performed in excess of the TOWN's regular workweek unless otherwise permitted by law in the case of reimbursement from a federal agency.

B. Management Leave. It is recognized that MANAGER must devote a great deal of their time outside normal office hours without benefit of paid overtime in the conduct of TOWN business, and, to that end, MANAGER shall be entitled to management leave in an equivalent amount to five (5) days per calendar year, granted in December of each year for the following year. MANAGER shall be entitled to accrue, use or redeem management leave in whatever manner is permitted pursuant to Town policy, as same may be amended from time to Docusign Envelope ID: AE9FCF62-283E-4F43-ABFC-E2DF7A1DDD55

ITEM NO. 11.
5 time by action of the Town Council.

C. Personal Leave. MANAGER shall be entitled to personal leave in the amount of six (6) days per year. MANAGER shall be entitled to accrue, use, or redeem personal leave in whatever manner is permitted pursuant to Town policy as it may be amended from time to time by action of the Town Council.

D. Vacation Leave. MANAGER shall accrue vacation leave at the rate of 7.69 hours biweekly (200 hours per year) with a maximum accrual balance of 500 hours. Vacation leave shall be taken for any period exceeding four (4) hours in a day and any vacation exceeding a full day will require notification to the Mayor. Upon beginning employment, MANAGER is awarded a onetime vacation leave starting balance of 80 hours.

E. Sick Leave. MANAGER shall be entitled to sick leave which shall accrue, without limitation at the amount of eight (8) hours per month. Sick leave may be used for actual personal sickness of or injury to MANAGER or MANAGER’s family member, and for medical, dental and vision care appointments. “Family member” includes a spouse, children, step-children, parent, step-parents and parents-in-law. Time off work as a result of a proven job-related illness shall not be charged against accumulated sick leave. Upon beginning employment, MANAGER is awarded a onetime sick leave starting balance of 40 hours.

Sick leave shall be deducted from accrued sick leave on an hour-for-hour basis when the total leave exceeds two hours. If MANAGER utilizes all of the MANAGER’s accrued sick leave and is still unable to return to work due to illness or injury, MANAGER shall automatically be placed on leave without pay, unless MANAGER advises the Finance Department to charge the additional sick time against accrued leaves.

Upon termination of service, no compensation for accrued sick leave shall be made except that: 1) upon retirement, MANAGER may convert accrued sick leave to cash, in an amount not to exceed what is permitted pursuant to Town policy; and 2) upon retirement, accumulated sick leave may be converted to sick leave credit in accordance with CalPERS requirements and the Town’s contract with CalPERS, except that in the event of any election to convert such sick leave to cash, the retirement sick leave credit shall be reduced commensurately.

F. Mileage Reimbursement, Cell Phone Stipend. Holidays, Bereavement/Compassion Leave, Flexible Health Spending Account, Employee Assistance Program, and Other Fringe Benefits. MANAGER shall be entitled to various benefits, including but not limited to, mileage reimbursement, cell phone stipend, holidays, bereavement/compassion leave, Flexible Health Spending Account, Employee Assistance Program, and other fringe benefits as they now exist or hereafter may be amended for Town Department Directors. In the case benefits are provided to Town Department Directors and are not provided for in this Agreement, the MANAGER shall be entitled to those benefits. In the case benefits provided in this Agreement conflict from what is provided to Town Department Heads, the Agreement shall prevail.

G. Medical, Dental, and Vision Insurance. The Town shall continue to provide to Docusign Envelope ID: AE9FCF62-283E-4F43-ABFC-E2DF7A1DDD55

ITEM NO. 11.
6 MANAGER medical, dental, and vision insurance at the same level as its Department Directors.

H. Life and long-term disability insurance. The TOWN shall provide the MANAGER the same life insurance and long-term disability insurance benefits offered to Department Directors.

I. Workers Compensation. TOWN agrees to provide workers’ compensation insurance as provided to all TOWN employees in accordance with all applicable provisions of State law.

J. Holiday Leave. MANAGER shall be entitled to observe all legal holidays recognized by the Town on the days that they are observed by the Town and such holidays shall be compensated.

K. Birth or Adoption of a Child Leave. In the event of the birth or adoption of a child, MANAGER shall be entitled to leave of absence with pay for a period of ten (10) consecutive days. Such leave shall be commenced within 14 days after the date of such birth or adoption.

L. Bereavement Leave. If any member of MANAGER’S immediate family dies, MANAGER shall be entitled to a period of five (5) work days of paid bereavement leave with pay. Such leave shall be taken within seven (7) days after the death of the family member or within seven (7) days of the date of the funeral or memorial service for the deceased. Immediate family shall include a spouse, child, step-child, parent, step-parent, sibling, parent-in-law, grandparent, spouse’s grandparent or grandchild.

M. Specified Position. The TOWN recognizes that the MANAGER serves as a specified position, a volunteer firefighter, reserve peace officer, or emergency rescue position, and will comply with California Labor Code Section 230.3 and 230.4. These sections require employers to allow the specified employee to take time off to perform emergency duty or to take leave for an aggregate amount of up to 14 days per calendar year to engage in fire, law enforcement, or emergency rescue training. Accordingly, the TOWN will not abridge or discriminate against the MANAGER for taking time off to perform these activities.

SECTION 5. TECHNOLOGY:

A. Technology. TOWN agrees to budget, within the budget amount approved by the TOWN, a technology budget to assist MANAGER in keeping technologically current and personal productivity high. The technology improvements will be used to pay the cost of acquisition of equipment and purchase ofservices related to information systems, data handling, communications and productivity and shall be budgeted for the good of the Town in accordance with approved budgeting limitations. Purchases for technology improvements shall remain the Docusign Envelope ID: AE9FCF62-283E-4F43-ABFC-E2DF7A1DDD55

ITEM NO. 11.
7 property of the TOWN.

SECTION 6. ADDITIONAL EXPENSES:

A. Dues and Subscriptions. TOWN agrees to pay the professional dues and subscriptions of MANAGER necessary for their continuation and full participation in such national, regional, state and local associations and organizations as are necessary and desirable for their continued professional participation, certifications, growth, and advancement and for the good of TOWN in accordance with approved budgetary limitations. Dues and subscriptions shall include such that allow the MANAGER to retain certifications relevant or beneficial to the TOWN.

B. Professional Development. TOWN agrees that attendance at ICMA, League of California Cities, California City Management Foundation, and other professional development activities is both beneficial and expected. TOWN hereby agrees to pay the travel, lodging, and subsistence expenses of MANAGER for professional and official travel, lodging, meetings. and occasions, and for short courses, institutes and seminars necessary or beneficial to continue the professional development of MANAGER, retain certifications, and to adequately pursue necessary official and other functions for TOWN, in accordance with approved budgetary limitations.

C. Executive Expenses. TOWN recognizes that certain expenses of a non-personal and job-affiliated nature are incurred by MANAGER and hereby agrees to reimburse such expenses upon presentation of a receipt and submittal of the appropriate confining purchase requisition to the Mayor and Town Finance Department, in accordance with approved budgetary limitations and subject to any policies and guidelines the Town Council may impose.

SECTION 7. TERM; TERMINATION:

A. Commencement, Effective Date, and Term of Agreement. The Effective Date of this Agreement is the date it is signed by the TOWN provided it has first been signed by MANAGER, or the date it is signed by MANAGER provided it has first been signed by the TOWN. This Agreement shall commence upon execution by the parties and become effective immediately and extend indefinitely until terminated as provided hereinafter. The MANAGER’s first day shall be November 4, 2024.

B. At-Will Employment. MANAGER's employment with the Town is "at-will" and MANAGER serves at the pleasure of the Town Council, pursuant to Section 2.30.260 of the Municipal Code. As such, a majority of the Town Council may terminate MANAGER's employment at any time, with or without cause, with or without advance notice, subject only to the hearing requirements set forth in Municipal Code sections 2.30.285, as amended by the Town Council on August 18, 2015, and to provisions of Section 7.H.

C. Termination Without Cause. In the event that TOWN terminates MANAGER's employment for reasons other than those set forth in subsection D below, including without limitation, for no reason stated, within the term of this Agreement, or any extensions, TOWN agrees to pay MANAGER a cash severance payment. The severance payment shall be equal to Docusign Envelope ID: AE9FCF62-283E-4F43-ABFC-E2DF7A1DDD55

ITEM NO. 11.
8 fifteen (15) months of the MANAGER's current base salary calculated on the rate of pay at the time of termination. The fifteen (15) month severance payment is unique to this Agreement and reflects the fact that MANAGER’s previous employer granted this benefit. In addition, the TOWN will provide any benefits that are lawfully required to be continued pursuant to COBRA and other statutes. Following separation, MANAGER retains the right to participate in Town health and related benefit programs, should such programs be instituted during the term of this Agreement, at MANAGER's own and sole expense pursuant to the terms of COBRA.

MANAGER shall be compensated for any unused vacation leave, holidays, and other benefits then accrued consistent with Town policies. The schedule of the payment pursuant to this section shall be at the sole discretion of the MANAGER.

D. Termination With Cause. The TOWN may terminate MANAGER's employment hereunder at any time for cause subject to the provisions of Los Gatos Municipal Code Section 2.30.285 by a vote of three of the five Town Councilmembers at a publicly agendized meeting in accordance with Government Code §§ 54950 et seq. (“Brown Act”). For purposes of this Agreement, the term “cause” shall be defined to include, any misconduct materially related to performance of official duties as provided below. In the event of termination for cause, the Town Council shall, if desired by MANAGER, afford MANAGER a public nameclearing hearing before the Town Council. Request for a name clearing hearing shall be made to the Town Clerk within fifteen (15) days of MANAGER’S receipt of notice of termination.

No lump sum cash payment or other severance pay shall be due MANAGER upon any termination for cause. For purposes of this Agreement, "cause" shall mean any of the following:

1. For the following when substantiated by either competent, independent investigation, or court of competent jurisdiction in the case of criminal acts, and in which the MANAGER was given appropriate opportunity to review and refute in person any evidence or testimony used to support findings following completion of an investigation report, the Town Council may terminate this Agreement for cause (or may discipline) by providing the MANAGER with five (5) business days’ written notice of termination for cause and the facts and grounds constituting such cause. a. Conviction for Felony. Conviction of a felony by a court of competent jurisdiction.
b. Conviction of Illegal Acts. Conviction for criminal acts related to TOWN business or other acts constituting moral turpitude which result in incompatibility to serve as MANAGER (excepting traffic or moving violations) by a court of competent jurisdiction.
c. Loss of Mental Capacity. Loss of mental capacity for more than six (6) consecutive months as determined by a court of competent jurisdiction. Written notice of termination must be provided to both the MANAGER and any identified power of attorney or guardian. Nothing in this section shall abridge the MANAGER’s remedies as permitted by law if such loss of mental capacity was caused by TOWN employment.
d. Unauthorized Leave of Absence. Absence without justification or Docusign Envelope ID: AE9FCF62-283E-4F43-ABFC-E2DF7A1DDD55

ITEM NO. 11.
9 authority for more than five (5) business days without providing reasonable justification of absence.
e. Refusal of Oath. Refusal to take or subscribe to any oath or affirmation which is required by law.

2. For the following when substantiated by competent, independent investigation and in which the MANAGER was given appropriate opportunity to review and refute in person any evidence or testimony used to support findings following completion of an investigation report, the Town Council may terminate this Agreement for cause (or may discipline) by providing the MANAGER with fifteen (15) business days’ written notice of termination for cause and the facts and grounds constituting such cause. a. Neglect of Duty or Insubordination. Persistent, habitual, or willful neglect to perform their obligated duty on a material Town matter after the Town Council has clearly established or directed the duty obligation and conveyed such obligation in a clear manner as the Town Council body either in writing or in open or closed session.
b. Financial mismanagement. Management that involves deliberative mishandling in a manner that can be characterized as grossly negligent or incompetent and that will materially reflect negatively upon the financial standing of the Town.
c. Material dishonesty. Willfully providing the Town Council with materially dishonest and knowingly false information impacting their ability to execute their duty.
d. Discrimination and Harassment. Willful and substantiated violation of Federal, State or Town discrimination and harassment laws concerning race, religious creed, color, national origin, ancestry, physical handicap, marital status, sexual orientation, sex or age concerning either members of the general public or Town’s employee(s) while acting in the course and scope of employment, while on Town premises or time, and/or while acting without the prior approval or direction of the Town Council.
e. Retaliation. Willful and unlawful retaliation substantiated against any Town officer or employee or member of the general public who in good faith reports, discloses, divulges or otherwise brings to the attention of any appropriate authority any facts or information relative to actual or suspected violations of any law occurring on the job or related directly thereto.
f. Conflict of Interest. Willful and material violation of any conflict of interest or incompatibility of office laws as provided under California State law.

For any reason at any time and without prior investigation, the Town Council may, in its discretion, place MANAGER on paid administrative leave. However, the Town Council will consider and weigh reasonable alternatives to paid administrative leave Docusign Envelope ID: AE9FCF62-283E-4F43-ABFC-E2DF7A1DDD55

ITEM NO. 11.
10 with the potential reputational impact of placing the MANAGER on paid administrative leave before taking any action.

E. Voluntary Resignation. MANAGER may voluntarily resign their position with TOWN before expiration of the term of this Agreement by giving TOWN sixty (60) days prior written notice. No severance pay shall be due MANAGER upon any voluntary resignation.

F. Termination Based on Disability or Death. In the event MANAGER is permanently disabled, as determined by MANAGER's duly licensed physician, or is otherwise unable to perform their duties because of sickness, accident, injury, mental incapacity or health reasons for a period of three (3) consecutive months beyond any accrued sick leave, Town may terminate this Agreement.

G. Limitation on Removal. Pursuant to Los Gatos Municipal Code Section 2.30.290, notwithstanding anything to the contrary herein, TOWN may not remove MANAGER from office during or within any period of thirty (30) days following any general municipal election held in the Town at which election a member of the Town Council is elected. Further in order to provide the MANAGER the opportunity to build rapport with a new Town Council, the TOWN may not remove MANAGER from office during or within any period of ninety (90) days from when an election is certified which includes a new Town Councilmember or a successful recall of one or more Town Councilmembers.

H. Limitation on Obligation. Notwithstanding anything to the contrary herein, TOWN shall not be obligated to pay; and shall not pay, any amounts or continue any benefits under this agreement if MANAGER is terminated in the event MANAGER is convicted of a crime involving an abuse of their office or position. Any paid leave salary offered by TOWN to MANAGER pending an investigation shall be fully reimbursed by MANAGER if MANAGER is convicted of a crime involving an abuse of their office or position. For the purposes of this section, "abuse of office or position'' means and is limited to the definition under Government Code section 53243.4 either of the fo11owing: (a) an abuse of public authority including but not limited to waste, fraud, and violation of the law under color of authority; or (b) a crime against public justice, inc1uding but not limited to, a crime described in Title 7 (commencing with Section 92) of Part I of the California Penal Code.

SECTION 8. GENERAL PROVISIONS:

A. Entire Agreement. This Agreement shall constitute the full, complete and exclusive agreement between the parties hereto and shall supersede all prior and contemporaneous agreements, understandings and representations regarding the subject matter hereof, whether oral or written.

B. Indemnification. TOWN agrees to defend, hold harmless and indemnify MANAGER against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out an alleged act or omission occurring in the performance of MANAGER's duties. For the purpose of indemnification and defense of legal actions, MANAGER shall be considered an employee of the TOWN and entitled to the same rights and subject to the same obligations as are provided for all other employees of the TOWN Docusign Envelope ID: AE9FCF62-283E-4F43-ABFC-E2DF7A1DDD55

ITEM NO. 11.
11 as set forth in Sections 825 through 825.6 and Sections 995 throughout 996.6 of the California Government Code. In the event of a potential or actual conflict of interest between the TOWN and MANAGER, MANAGER may request, and the TOWN shall not unreasonably refuse to provide, independent legal counsel at the TOWN’s expense to defend MANAGER in any action, suit, or proceeding in which TOWN has a duty to defend MANAGER. Town Council may cap the hourly rate for any independent counsel to the Manager at a rate normal and customary as a standard hourly litigation rate for the defense incurred. If the TOWN agrees to MANAGER’s request, the choice of such legal counsel shall be made by TOWN in consultation with MANAGER. The defense provided by TOWN for MANAGER shall continue until a final conclusion of the claim, action, suit or proceeding, including any appeals brought by any party.

TOWN, at its direction, is not required to indemnify MANAGER for any illegal or criminal acts for which a court of competent jurisdiction has determined, without possibility of appeal, was committed by MANAGER.

C. Compliance with Government Code Sections 53243, 53243.1, and 53243.2. In accordance with Government Code Sections 53243, 53243.1, and 53243.2:

1. In the event the Town Manager is placed on paid leave pending an investigation, the Town Manager shall reimburse such pay to Town if he is subsequently convicted of a crime involving the abuse of his office or position.

2. In the event Town pays for the Town Manager’s legal criminal defense, he shall fully reimburse such funds to the Town if he is subsequently convicted of a crime involving the abuse of his office or position.

3. If this contract is terminated, any cash settlement related to the termination that the Town Manager may receive from Town must be fully reimbursed to Town if he is subsequently convicted of a crime involving an abuse of his office or position.

For purposes of this section, “abuse of office or position” shall be as defined in Government Code Section 53243.4.

D. Bonding Requirements. TOWN shall bear full cost of the Fidelity Bond or other bonds required of MANAGER under any law or ordinance.

E. Assignment. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by TOWN and MANAGER and their respective successors, assigns, heirs and executors, except that MANAGER may not assign this Agreement or delegate any of their obligations hereunder and may only assign their rights hereunder with the prior written consent of TOWN.

F. Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require approval by the affirmative vote of three (3) members of the Town Council.

G. Heirs and Assigns. This Agreement shall be binding upon, and inure to the benefit of, the heirs at law and executors of the MANAGER.

Docusign Envelope ID: AE9FCF62-283E-4F43-ABFC-E2DF7A1DDD55

ITEM NO. 11.
12 H. Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

I. Severability. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable, shall not be affected and shall remain in full force and effect.

J. Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

K. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:

To MANAGER:

Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

L. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, in full force and effect as of the date of execution.

To TOWN:

Town of Los Gatos
Attn: Mayor
110 E. Main Street
Los Gatos, CA 95030
[ON FILE WITH HUMAN
RESOURCES]
Docusign Envelope ID: AE9FCF62-283E-4F43-ABFC-E2DF7A1DDD55

ITEM NO. 11.
13 IN WITNESS WHEREOF, the Town of Los Gatos has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested to by its Town Clerk, and the MANAGER has signed and executed this Agreement the day and year first above written.

TOWN OF LOS GATOS
___________________________
Mary Badame, Mayor

MANAGER
___________________________
Chris Constantin
ATTEST:
___________________________
Wendy Wood, Town Clerk
APPROVED AS TO FORM:
__________________________
Gabrielle Whelan, Town Attorney
Docusign Envelope ID: AE9FCF62-283E-4F43-ABFC-E2DF7A1DDD55 8/21/2024
8/22/2024
8/22/2024
8/22/2024

ITEM NO. 11.

PREPARED BY: Ryan Baker
Library Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/03/2026
ITEM NO: 12
DATE: February 3, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve the 2026 Work Plans Recommended by the Town’s Library Board, Arts and Culture Commission, Complete Streets and Transportation Commission, and Finance Commission
RECOMMENDATION: Approve the 2026 work plans recommended by the Town’s Library Board, Arts and Culture Commission, Complete Streets and Transportation Commission, and Finance Commission.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

STRATEGIC PRIORITY:

This item pertains to the Core Goal of Good Governance. It does not directly address a 2025- 2027 Strategic Priority.

BACKGROUND:

In order to provide Town Commissions/Committees/Boards (Commissions) clarity from the Town Council regarding their work, staff recommends the Town Council review and approve each Commission’s work plan for the year. This will ensure Council support, efficient use of Commissioners’ time, and sufficient staff resources for the Commission’s projects in 2026.

Certain Commissions are exempt from this process due to their specific functions. The exempt Commissions have items presented to them for consideration rather than the Commissions creating their own work plans. These exempt Commissions include the Planning Commission, General Plan Committee, Historic Preservation Committee, and Personnel Board.

ITEM NO. 12.

PAGE 2 OF 2
SUBJECT: Commission Work Plans
DATE: February 3, 2026
DISCUSSION:

In coordination with other Town Departments, the attached work plans were drafted by the Commission’s staff liaison, taking workload, time commitment, changes in legislation, and alignment with Council priorities into consideration.

The Library Board work plan (Attachment 1) was discussed by the Library Board at its regular meeting on January 14, 2026. The Library Board voted unanimously to recommend the draft work plan, as presented, for Council approval.

The Arts and Culture Commission work plan (Attachment 2) was discussed by the Arts and Culture Commission at its regular meeting on January 21, 2026. The Arts and Culture Commission voted unanimously to recommend the draft work plan, as presented, for Council approval.

The Complete Streets and Transportation Commission (CSTC) work plan (Attachment 3) was discussed by the Commission at its regular meeting on January 8, 2026. The CSTC voted unanimously to recommend the draft work plan for Council approval with one addition. The Commission requested to add an item for staff to evaluate and implement the provisions of AB 382, which would allow jurisdictions to reduce speed limits in school zones to 20 miles per hour by resolution, prior to the law going into effect on January 1, 2031. Staff has evaluated and determined that the addition of this work item can be accommodated.

The Finance Commission work plan (Attachment 4) was discussed by the Commission at its regular meeting on December 8, 2025, and January 12, 2026. The Finance Commission voted unanimously to recommend the draft work plan for Council approval. The attachment provides the detailed work plan based on the Commissioners’ discussion, presented in both a structured format and a list view for ease of reference.

Staff feels that the items contained in these work plans are manageable for 2026. The addition of more items to these work plans would impact staff capacity and is not recommended in the 2026 calendar year.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Library Board 2026 Work Plan

2. Arts and Culture Commission 2026 Work Plan

3. Complete Streets and Transportation Commission 2026 Work Plan

4. Finance Commission 2026 Work Plan

ITEM NO. 12.

Library Board 2026 Work Plan

1. Library policy updates necessitated by AB781 (2024) “Accessibility to Emergency Centers: Persons with Pets”.
a. Update existing Library Code of Conduct to conform with AB781, or if appropriate, remove the section regarding animals in the Library to a separate policy.
b. Examine current ADA service animal laws, and review/amend Library service animal policies to ensure compliance.

2. Annual Community Survey of Library Services
a. Work with staff to create and review the Library’s annual community input/satisfaction survey.
b. Analysis of survey results and suggest any additions or amendments to strategic direction to staff for consideration.

3. Annual review of Library Code of Conduct for any changes/modifications suggested by staff as a result of new or changing patron incidents or behaviors.

4. Receive an informational presentation from staff regarding annual library statistics, budgets, and trends.

5. Update the Library’s 2013 policy on unattended minors in the Library.

6. Update the Library’s 2018 policy on patron privacy.

7. Poet Laureate Selection. The three-year term of the current Town Poet Laureate ends in December 2026.
a. Work with the Arts Commission to release the applications for the position.
b. Work with the Arts Commission to review applications and recommend a new Poet Laureate to the Town Council.

ATTACHMENT
1

ITEM NO. 12.

Arts and Culture Commission 2026 Work Plan

1. Public Arts Master Plan draft for Council review and approval. This document will address 2040 General Plan items PFS 25.1 through PFS 25.7, as well providing a guiding document and framework for implementation of the Town’s Public Arts Fund Ordinance Chapter 25, Article VII, Section 25.70.000.
a. Complete remaining sections of the Master Plan section in draft format. b. Collect input on draft plan from the public.
c. Collect input on the draft plan from the Parks and Sustainability Commission, and the Diversity, Equity, and Inclusion Commission.
d. Produce a final draft ready for Council Consideration.

2. (As needed or requested) Review developer public art proposals for building projects that are submitted that incorporate public artwork per the Town’s Public Arts Fund Ordinance.

3. (As needed or requested) Provide input on public art when requested by PPW on CIP projects that incorporate public art.

4. Art in the Council Chambers. This is slated as an ongoing annual project to install exhibits in the Council Chambers each year.
a. Review applications for Art in the Council Chambers exhibits through an open call for artists.
b. (Subcommittee assignment) Install a new exhibit when capacity allows.

5. Poet Laureate Selection. The three-year term of the current Town Poet Laureate ends in December 2026.
a. Work with the Library Board to release the applications for the position. b. Work with the Library Board to review applications and recommend a new Poet to the Town Council.

6. Community Grant Application Rating. Two ACC Commissioners are selected each year to participate as grant readers.

ATTACHMENT
2

ITEM NO. 12.

Attachment 3
Attachment 1
Recommended 2026 CSTC Work Plan

1. Commission to review staff’s recommendations regarding improvements and modifications to the Downtown Parking Program and Residential Permit Parking Programs including work around Los Gatos High School. (Relates to Mobility Element Implementation Program S).

2. Commission to receive reports regarding staff work towards development of a Townwide Traffic Model and Townwide Evacuation Plan including reducing cut-through traffic. (Relates to Mobility Element Implementation Programs N and Q)

3. Commission to receive reports regarding staff work with County of Santa Clara Parks Department related to management of trails and traffic for the Fantasy of Lights Holiday show.

4. Commission to receive reports regarding a staff policy to receive, assess and evaluate traffic and transportation related public comments.

5. Commission to receive presentations regarding proposed transportation related capital projects and provide feedback and recommendations to staff for consideration.

6. Commission to review and provide recommendation to Town Council to adopt a resolution implementing AB382 to reduce speed limits to 20 MPH in school zones.

ITEM NO. 12.

Items Projects Assignments Frequency Finance Commission Target Date(s) Notes 1 Fiscal Condition Analysis, Fiscal Impact Analysis,
and Asset Liability Management Studies
Review the Assumptions and final results of the Fiscal
Condition Analysis, Fiscal Impact Analysis, and Asset
Liability Management Studies
2/9/2026; 4/13/2026
Staff is currently working with a
Consultant on the studies.
2 Investment Policy Review current policy and recommend changes 6/8/2026
The Fiscal Condition Analysis, Fiscal
Impact Analysis, and the Asset Liability
Management studies will inform the
recommended policy changes
3 IRS Section 115 Pension Trust and OPEB Trust
Investment Policy
Review current policy and recommend changes
10/12/2026
The Fiscal Condition Analysis, Fiscal
Impact Analysis, and the Asset Liability
Management studies will inform the
recommended policy changes
4 Council Priority Scorecard Continue the work of the ad hoc committee to discuss framework for a Council scorecard and start developing
top level metrics for consideration which can be
supported by existing data systems.
9/14/2026
This process will be iterative to be able
to frame appropriate measures which
can be readily maintained.
5 Five-Year Capital Improvement Program Establish the structure for a multi-years CIP which will focus on identifying current and future capital needs,
determine the funding level required to support those
needs, and start moving towards a comprehensive
approach to capital planning. 3/9/2026
This will be a multiyear process due to
the many pieces that need to be
integrated for a comprehensive capital
plan.

A Five-Year Forecast Discuss Assumptions for the Five-Year Forecast Annually 2/9/2026; 3/9/2026 Report Back on Council Action B
Operating and Capital Budget Review and Make Recommendations on the Proposed Annual Budgets Annually
4/27/2026; 5/4/2026; 5/11/2026 (Published on
4/20/2026 - No Meeting)
C
Mid-Year Budget Review and Make Recommendation on the Mid-Year Report Annually 2/9/2026
D Audit Plan Review Pre-Audit Meeting Annually 8/10/2026 E
Annual Comprehensive Financial Report Review and Make Recommendations on the Draft Annual Comprehensive Financial Report Annually 12/7/2026; 12/14/2026 F
State Controller Financial Transaction Report Review and Make Recommendations on the Town Draft Financial Transaction Report Annually 1/12/2026
G Measure G Revenue and Expenditure Report Receive Measure G Revenue and Expenditure Report Annually 3/9/2026 H Single Audit Report Receive Single Audit Report if applicable Annually 4/13/2026 I
Financial Policies Review and Make Recommendations on the Investment Policy Annually 6/8/2026
J
Financial Policies Review and Make Recommendation on the General Fund Reserve Policy As Needed 6/8/2026
Multiyear Projects
Required by Town Code Section 2.50 or Other Council Policy FINANCE COMMISSION 2026 WORKPLAN
1 of 2 Page 91 ATTACHMENT 4
ITEM NO. 12.

Items Projects Assignments Frequency Finance Commission Target Date(s) Notes K
Investment Performance Receive Monthly Financial and Investment Report Monthly
1/12/2026; 2/9/2026; 3/9/2026; 4/13/2026; 5/11/2026;
6/8/2026; 8/10/2026; 9/14/2026; 10/12/2026;
11/9/2026; 12/14/2026 Consent Item
L
Pension and OPEB Trust Funds Performance Receive Performance and Account Summary Reports for CERBT and CEPPT Quarterly 3/9/2026; 6/8/2026; 9/14/2026; 12/14/2026 Consent Item M CalPERS Actuarial Reports Receive CalPERS Annual Actuarial Reports Annually 10/12/2026 Consent Item N OPEB Actuarial Analysis Receive OPEB Actuarial Analysis Every Two Years 10/12/2026 O
CalPERS Performance Receive CalPERS Public Employees' Retirement Fund (PERF) Preiminary Performance Report Annually 12/14/2026 Consent Item 2 of 2 Page 92
ITEM NO. 12.

FINANCE COMMISSION 2026 WORKPLAN

LIST VIEW
1 OTHER BUSINESS CONSENT ITEMS
JANUARY 12, 2026 • Selection of Chair and Vice Chair
• Approval of meeting dates and time
• Finalize 2026 workplan
• State Controller Financial Transactions
Report (FTR)
• Receive November 2025 Monthly Financial and
Investment Report
FEBRUARY 9, 2026 • Mid-Year and Five-Year Forecast Review • Review Assumptions of the Fiscal
Condition and Fiscal Impact Analysis
Studies
• Receive December 2025 Monthly Financial and
Investment Report
MARCH 9, 2026 • Review Capital Improvement Program
Spending and Other Cost Drivers
• Review Measure G Sales Tax
Revenue/Expenditure Draft Report
• Receive January 2026 Monthly Financial and
Investment Report
• Receive Performance & Account Summary
Reports for CERBT and CEPPT
APRIL 13, 2026 • Review of the Fiscal Condition Analysis with Five–Year and Long Term Forecast,
and Fiscal Impact Analysis Reports
prepared by NHA
• Receive February 2026 Monthly Financial and
Investment Report
• Receive FY 2024-25 Federal Single Audit Report
APRIL 20, 2026

NO MEETING
• Proposed FY 2026-27 Operating and
Capital Budgets Posted

ITEM NO. 12.

FINANCE COMMISSION 2026 WORKPLAN

LIST VIEW
2 OTHER BUSINESS CONSENT ITEMS
APRIL 27, 2026 • Start Proposed FY 2026-27 Operating and Capital Budgets Discussion
MAY 4, 2026 • Continue Proposed FY 2026-27 Operating
and Capital Budgets Discussion
MAY 11, 2026 • Conclude Proposed Operating and Capital
Budgets Discussion and Recommendations
to Council
• Receive March 2026 Monthly Financial and
Investment Reports
• Receive FY 2024-25 Federal Single Audit Report
JUNE 8, 2026
• Review General Fund Reserve Policy
• Review Investment Policy
• Receive April 2026 Monthly Financial and
Investment Report
AUGUST 10, 2026 • Pre-Audit Meeting • Receive May and June, 2026 Monthly Financial and Investment Reports
SEPTEMBER 14, 2026 • Council Scorecard • Receive July 2026 Monthly Financial and Investment Report
• Receive Performance & Account Summary
Reports for CERBT and CEPPT
OCTOBER 12, 2026 • Discussion of the Unfunded Liabilities • Receive August 2026 Monthly Financial and Investment Report
• Receive CalPERS Actuarial Reports

ITEM NO. 12.

FINANCE COMMISSION 2026 WORKPLAN

LIST VIEW
3 OTHER BUSINESS CONSENT ITEMS
• Review and Update to the Town IRS
Section 115 Pension Trust and OPEB Trust
Investment Policy
• Receive the Town of Los Gatos Retiree Healthcare
Plan Actuarial Valuation (every two years)
NOVEMBER 9, 2026 • • Receive September 2026 Monthly Financial and Investment Reports
DECEMBER 7, 2026 • Review the draft Annual Comprehensive Financial Report (ACFR)
DECEMBER 14, 2026 • Conclude ACFR Discussion and
Recommendations to Council
• Receive October 2026 Monthly Financial and
Investment Reports
• Receive Performance & Account Summary
Reports for CERBT and CEPPT.
• Receive CalPERS Public Employees’ Retirement
Fund (PERF) Preliminary Performance Report

ITEM NO. 12.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/03/2026
ITEM NO: 13
DATE: February 3, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Conduct a Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2026 Weed Abatement Program Commencement Report and Order Abatement
RECOMMENDATION: Conduct a public hearing to consider objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2026 Weed Abatement Program Commencement Report and order abatement.

FISCAL IMPACT:

The County’s Weed Abatement Program administers services for 13 local agencies under a cost recovery model, paid for by fees imposed on the parcel owners. The estimated program cost related to each agency is based on the number of parcels per agency.

Should the funding from the assessments fall short of the total program cost, the Town will be billed for a pro-rata share of the program such that the County achieves full cost recovery. If the County needs to request additional funds (which is not currently expected), this would be absorbed in the Parks and Public Works Fiscal Year 2025/26 Operating Budget. The Fiscal Year 2025/26 Operating Budget has sufficient funds to cover the cost of publishing all required legal notices (1115101-62306).

STRATEGIC PRIORITY:

The actions in this report support the Strategic Priority to further emergency preparedness and resiliency by reducing wildfire risk.

ITEM NO. 13.

PAGE 2 OF 4
SUBJECT: 2026 Weed Abatement Program Commencement Public Hearing DATE: February 3, 2026
BACKGROUND:

The Town of Los Gatos Municipal Code Chapter 11, Article II, requires property owners to prevent potential fire hazards on their property and any nearby structures by clearing hazards.

This code section is implemented through the Weed Abatement Program (the Program), which is a different, but complementary program to the Brush Abatement Program. Both programs work to protect the Town by reducing fire hazards created by vegetation growth and the accumulation of combustible debris, with the goal of voluntary compliance.

The Weed Abatement Program is administered by the County of Santa Clara (County) (https://weedabatement.santaclaracounty.gov/home) on behalf of the Town and is funded from fees assessed on the properties included on the assessment list. Typically, a property is placed in the Program after a County inspector identifies a potential fire hazard on the premises. Fire Departments, Code Enforcement, Public Works, and other public agencies can also submit complaints to the County regarding specific properties. Once a parcel is placed in the Program, it will remain until it displays compliance for three consecutive years, at which point it will be removed. Every year while, in the Program, property owners are charged a compliance inspection fee, and some incur costs for additional inspections, administrative fees, and abatement fees.

Property owners in the Program are given the opportunity to abate weeds at their own cost prior to receiving an annual compliance inspection by County staff. If the property owner has not complied with the requirements of the Program by the time of the County inspection, then the Town authorizes the County to remove the weeds. The County recovers its costs through a special assessment on each parcel’s property tax bill.

DISCUSSION:

On December 2, 2025, the Town Council reviewed the 2026 Weed Abatement Commencement Report (Attachment 1) and passed Resolution 2025-060 (Attachment 2) declaring hazardous vegetation (weeds) a public nuisance, providing for their abatement, and setting February 3, 2026, as a public hearing date.

On January 14, 2026, the County mailed informational weed abatement program packets (Attachment 3), including the schedule, price list, and notice of the hearing date to all affected property owners. In accordance with Town Code Section 11.20.020(c), the Notice was also published in the newspaper twice and posted at three prominent locations in Town.

The Weed Abatement program process is described below. The proposed action represents Step 4 of the annual Weed Abatement Program cycle, during which the Town holds a public hearing, providing an opportunity for residents to object to the abatement.

ITEM NO. 13.

PAGE 3 OF 4
SUBJECT: 2026 Weed Abatement Program Commencement Public Hearing DATE: February 3, 2026

1. Each November, the County prepares a Commencement Report listing all properties that have been identified and provides it to the Town.

2. Each December, the Town Council adopts a resolution declaring weeds a public nuisance and sets a hearing date to consider objections to the proposed abatement.

3. After the December Town Council, action the County sends notice to property owners on the Commencement Report notifying them of the hearing date. The notification includes guidelines on the Weed Abatement Program explaining that the owner must remove weeds by the abatement deadline, or it will be done for them, with the cost of the abatement and associated administrative costs assessed by the County Tax Collector against the respective property.

4. In January or February, the Town Council holds a public hearing to consider objections to the proposed abatement, set a deadline for compliance, and order the abatement.

5. After the public hearing, the County sends a courtesy letter to property owners on the Commencement Report notifying them again of the abatement deadline.

6. After the abatement deadline, the properties are inspected again by the County Weed Abatement Inspector to verify that weeds were removed. If the property owner has not completed the abatement, then the County performs the abatement. Abatement commences only if the inspection fails. Following completion of the abatement, the County creates an assessment report of properties where the County conducted abatement and all costs associated with the abatement. The Town receives that report in late June of each year.

7. In July, the property owners in the assessment report are notified of the August public hearing date.

8. In August, a public hearing is held to consider any objections, adopt a resolution confirming the assessment report, and authorize the collection of the assessment charges. Following the public hearing, County staff work with the County Assessor to assign the program charges to the property tax bill.

CONCLUSION:

Staff recommends that the Council conduct a public hearing to consider objections to the proposed abatement of weeds on properties listed on the 2026 Weed Abatement Program Commencement Report and make a motion to order the abatement. At the time of this report’s preparation, staff had not been contacted regarding potential objections.

COORDINATION:

This program has been coordinated with the Santa Clara County Consumer and Environmental Protection Agency (CEPA) - Weed Abatement Program.

ITEM NO. 13.

PAGE 4 OF 4
SUBJECT: 2026 Weed Abatement Program Commencement Public Hearing DATE: February 3, 2026
ENVIRONMENTAL ASSESSMENT:

In accordance with CEQA Guidelines Section 15304, the Town’s weed abatement program is categorically exempt as a minor alteration to land.

Attachments:

1. 2026 Weed Abatement Program Commencement Report

2. Resolution 2025-060

3. Abatement Program Packet Mailed to Parcel Owners

ITEM NO. 13.

Situs APN
2026 WEED ABATEMENT PROGRAM

LOS GATOS

COMMENCEMENT REPORT
1 831 POLLARD RD 406-26-0112 CALLE 409-04-0493 CALLE 409-04-0524 WEDGEWOOD AV 409-08-0015 17351 WEDGEWOOD AVE 409-14-0176 14344 LA RINCINADA DR 409-14-0197 14330 LA DR 409-14-0208 14341 BROWNS LN 409-14-0359 17631 WEDGEWOOD AVE 409-17-01010 103 SPORLEDER CT 409-24-03511 109 SPORLEDER CT 409-24-03612 110 SPORLEDER CT 409-24-03713 104 SPORLEDER CT 409-24-03814 14810 CLARA ST 409-25-03015 14821 GOLF LINKS DR 409-27-00516 14885 LA RINCINADA DR 409-32-00417 14635 GOLF LINKS DR 409-46-02518 215 DRAKES BAY AV 421-27-01819 16245 BURTON RD 424-06-11520 BURTON RD 424-06-11621 14823 LOS GATOS BL 424-07-06522 14990 TERRENO DE LN 424-10-00423 14926 LOS GATOS BL 424-10-00924 14911 NATIONAL AVE 424-10-058 24 records of 80 Santa Clara County Weed Abatement Program Page 1 ATTACHMENT 1

ITEM NO. 13.

Situs APN
2026 WEED ABATEMENT PROGRAM

LOS GATOS
COMMENCEMENT REPORT Exhibit A
25 142 LESTER LN 424-13-06126 16171 SUN RAY DR 424-19-07027 15710 WINCHESTER BLV 424-27-01328 17094 SUMMIT WY 424-30-03729 WOOD RD 510-46-00630 WOOD RD 510-46-00731 110 WOOD RD 510-47-03832 138 WOOD RD 510-47-04433 148 HILLBROOK DR 523-11-01834 120 HILLBROOK DR 523-11-02535 15839 DEL CERRO CT 523-24-03636 UNION AVE 523-42-01137 72 DRYSDALE DR 527-02-00738 101 DRYSDALE DR 527-04-00839 15777 SHADY LN 527-05-00540 15980 SHORT RD 527-06-00941 CAMINO DEL42 CAMINO DEL 16065 CAMINO DEL
527-08-001527-08-002
43 527-08-00344 16045 CAMINO DEL 527-08-00945 15626 FRANCIS OAKS WA 527-10-00246 15401 FRANCIS OAKS WA 527-11-00347 16300 GREENRIDGE TR 527-12-00348 15460 FRANCIS OAKS WA 527-13-005 48 records of 80 Santa Clara County Weed Abatement Program Page 2 Page 101 ITEM NO. 13.

Situs APN
2026 WEED ABATEMENT PROGRAM

LOS GATOS
COMMENCEMENT REPORT Exhibit A
49 16084 GREENRIDGE TER 527-15-00250 401 SURMONT DR 527-20-00251 110 BELVALE DR 527-30-02052 125 BELVALE DR 527-30-02853 175 BELWOOD GAT 527-30-03254 14841 BLOSSOM HILL RD 527-42-00355 310 SANTA ROSA DR 527-55-03656 615 BLOSSOM HILL RD 529-16-02657 401 ALBERTO WY 529-23-01858 30 RESERVOIR RD 529-29-06659 39 RESERVOIR RD 529-33-02260 63 HIGHLAND AVE 529-36-04461 140 FOSTER RD 529-37-01562 TOURNEY RD 529-39-04763 16461 S KENNEDY RD 532-17-02764 16481 S KENNEDY RD 532-17-02865 150 BROOKE DR 532-18-03966 17511 PHILLIPS AV 532-39-00967 17435 PHILLIPS AVE 532-39-01368 15310 KENNEDY RD 537-15-00169 233 FORRESTER RD 537-21-01070 135 WOODED VIEW 537-23-04271 15876 SHANNON RD 537-26-00972 15780 SHANNON RD 537-26-016 72 records of 80 Santa Clara County Weed Abatement Program Page 3 Page 102 ITEM NO. 13.

Situs APN
2026 WEED ABATEMENT PROGRAM

LOS GATOS
COMMENCEMENT REPORT Exhibit A
73 15760 SHANNON RD 537-26-01874 209 FORRESTER RD 537-28-00575 15975 CERRO VISTA DR 537-30-00776 16380 HARWOOD RD 567-18-06877 16220 HARWOOD RD 567-18-07678 104 ALMOND LN 567-18-077 80 records of 80 Santa Clara County Weed Abatement Program Page 4 79 15470 SANTELLA DR 527-12-010
80 16510 KENNEDY RD 532-17-025

ITEM NO. 13.

RESOLUTION 2025-060

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

DECLARING WEEDS A PUBLIC NUISANCE, DESCRIBING PROPERTIES WHERE SUCH NUISANCE EXISTS; ORDERING THE ABATEMENT OF SUCH NUISANCE; AND SETTING A PUBLIC HEARING DATE OF FEBRUARY 3, 2026, TO CONSIDER OBJECTIONS FOR

PROPOSED ABATEMENT
WHEREAS, Section 39501 and Section 39502 of the Government Code of the State of California authorizes the Town of Los Gatos to prescribe a procedure for compelling the owner, lessees, or occupant of buildings, grounds, or lots to remove hazardous vegetation (weeds) from such buildings or grounds and adjacent sidewalks, and, upon his failure to do so, to remove such hazardous vegetation (weeds) at owner's expense, making the cost thereof a lien upon such property; and
WHEREAS, the Town of Los Gatos, by ordinance, has adopted such 2 procedure, codified in Chapter 11, Article II, Sections 11.20.010 through 11.20.045 of the Los Gatos Town Code.

NOW, THEREFORE, BE IT RESOLVED: that the Town Council hereby finds that hazardous vegetation "weeds," as that term is defined in Section 11.20.010, are growing upon and adjacent to certain private property within the Town of Los Gatos as presented in Exhibit A, and declares that weeds growing upon any private property or properties, and in any sidewalk street, or alley within the Town of Los Gatos are a public nuisance and should be abated.

BE IT FURTHER RESOLVED that unless such nuisance be abated by the destruction or removal of such weeds within thirty (30) days after the adoption of this resolution, or within the time specified in a written agreement with the Town of Los Gatos Director of Parks and Public Works, or their representative, whichever time shall be later, as provided in Chapter 11, Article II, of the Los Gatos Town Code, the Town of Los Gatos shall cause such nuisance to be abated, and the expense thereof assessed upon the lots and lands from which, or in the front and rear of which, such weeds shall have been destroyed or removed, such expense constituting a lien upon such lots or lands until paid, and to be collected upon the next tax roll upon which general municipal taxes are collected.

Resolution 2025-060 December 2, 2025
ATTACHMENT 2

ITEM NO. 13.

BE IT FURTHER RESOLVED that the Town Engineer shall execute a " Notice to Destroy Weeds" in the form set forth in Section 11. 20. 020( b) and shall cause the same to be published and posted in the manner prescribed by Section 11. 20. 020( c).

BE IT FURTHER RESOLVED that on the 3rd day of February 2026 at a meeting of the Town Council beginning at 7: 00 p. m. in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, California, and via Teleconference, a public hearing will be held during which all property owners in the Town of Los Gatos having any objections to the proposed destruction or removal of such weeds will be heard and given due consideration.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of December, 2025, by the following vote:

COUNCIL MEMBERS:

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

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:

TOWN C RK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

Resolution 2025- 060 December 2, 2025
ATTACHMENT 2

ITEM NO. 13.
2026 WEED ABATEMENT PROGRAM

LOS GATOS
COMMENCEMENT REPORT Exhibit A
Situs APN
831 POLLARD RD 406-26-011
2 CALLE 409-04-049
3 CALLE 409-04-052
4 WEDGEWOOD AV 409-08-001
5 17351 WEDGEWOOD A VE 409-14-017
6 14344 LA RINCINADA DR 409-14-019
7 14330 LA DR 409-14-020
8 14341 BROWNS LN 409-14-035
9 17631 WEDGEWOOD AVE 409-17-010
10 103 SPORLEDER CT 409-24-035
11 109 SPORLEDER CT 409-24-036
12 110 SPORLEDER CT 409-24-037
13 104 SPORLEDER CT 409-24-038
14 14810 CLARA ST 409-25-030
15 14821 GOLFLINKS DR 409-27-005
16 14885 LA RINCINADA DR 409-32-004
17 14635 GOLF LINKS DR 409-46-025
18 215 DRAKESBAY AV 421-27-018
19 16245 BURTON RD 424-06-115
20 BURTON RD 424-06-116
21 14823 LOS GATOS BL 424-07-065
22 14990 TERRENO DE LN 424-10-004
23 14926 LOS GATOS BL 424-10-009
24 14911 NATIONAL A VE 424-10-058
24 records of 80 Santa Clara County Weed Abatement Program Page 1

ITEM NO. 13.
2026 WEED ABATEMENT PROGRAM

LOS GATOS
COMMENCEMENT REPORT Exhibit A
Situs PN
25 142 LESTER LN 424-13-061
26 16171 SUN RAY DR 424-19-070
27 15710 WINCHESTER BLV 424-27-013
28 17094 SUMMIT WY 424-30-037
29 WOOD RD 510-46-006
30 WOOD RD 510-46-007
31 110 WOOD RD 510-47-038
32 138 WOOD RD 510-47-044
33 148 HILLBROOK DR 523-11-018
34 120 HILLBROOK DR 523-11-025
35 15839 DEL CERRO CT 523-24-036
36 UNION A VE 523-42-011
37 72 DRYSDALE DR 527-02-007
38 101 DRYSDALE DR 527-04-008
39 15777 SHADY LN 527-05-005
40 15980 SHORT RD 527-06-009
41 CAMINO DEL 527-08-001
42 CAMINO DEL 527-08-002
43 16065 CAMINO DEL 527-08-003
44 16045 CAMINO DEL 527-08-009
45 15626 FRANCIS OAKS WA 527-10-002
46 15401 FRANCIS OAKS WA 527-11-003
47 16300 GREENRIDGE TR 527-12-003
48 15460 FRANCIS OAKS WA 527-13-005
48 records of 80 Santa Clara County Weed Abatement Program Page2

ITEM NO. 13.
2026 WEED ABATEMENT PROGRAM

LOS GATOS
COMMENCEMENT REPORT Exhibit A
Situs APN
49 16084 GREENRIDGE TER 527-15-002
50 401 SURMONT DR 527-20-002
51 110 BELVALE DR 527-30-020
52 125 BELVALE DR 527-30-028
53 175 BELWOOD GAT 527-30-032
54 14841 BLOSSOM HILL RD 527-42-003
55 310 SANTA ROSA DR 527-55-036
56 615 BLOSSOM HILL RD 529-16-026
57 401 ALBERTO WY 529-23-018
58 30 RESERVOIR RD 529-29-066
59 39 RESERVOIR RD 529-33-022
60 63 HIGHLAND A VE 529-36-044
61 140 FOSTER RD 529-37-015
62 TOURNEY RD 529-39-047
63 16461 s KENNEDY RD 532-17-027
64 16481 S KENNEDY RD 532-17-028
65 150 BROOKE DR 532-18-039
66 17511 PHILLIPS AV 532-39-009
67 17435 PHILLIPS A VE 532-39-013
68 15310 KENNEDY RD 537-15-001
69 233 FORRESTER RD 537-21-010
70 135 WOODED VIEW 537-23-042
71 15876 SHANNON RD 537-26-009
72 15780 SHANNON RD 537-26-016
72 records of 80 Santa Clara County Weed Abatement Program Page3

ITEM NO. 13.
2026 WEED ABATEMENT PROGRAM

LOS GATOS
COMMENCEMENT REPORT Exhibit A
Situs APN
73 15760 SHANNON RD 537-26-018
74 209 FORRESTER RD 537-28-005
75 15975 CERRO VISTA DR 537-30-007
76 16380 HARWOOD RD 567-18-068
77 16220 HARWOOD RD 567-18-076
78 104 ALMOND LN 567-18-077
79 15470 SANTELLA DR 527-12-010
80 16510 KENNEDY RD 532-17-025
80 records of 80 Santa Clara County Weed Abatement Program Page4

ITEM NO. 13.

County of Santa Clara
Consumer and Environmental Protection Agency
Agriculture and Environmental Management
1553 Berger Drive, Building 1 San Jose, CA 95112
80 W. Highland Avenue, Building K San Martin, CA 95046
12425 Monterey Road, San Martin, CA 95046
Mosquito and Vector Control District
1580 Berger Drive, San Jose, CA 95112 https://cepa.santaclaracounty.gov Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg, Margaret Abe-Koga County Executive: James R. Williams

IMPORTANT NOTICE TO ABATE WEEDS
January 14, 2026
Dear Property Owner:

Fire safety is crucial for protecting lives, preserving property, ensuring community well-being, and minimizing environmental impact. Removing fire hazards from your property is a proactive step to reduce the risk of injury, death, and significant damage. Effective prevention and preparedness measures not only save lives but also help safeguard our environment and reduce economic losses. Maintaining proper clearance requirements, known as Minimum Fire Safety Standards, is a shared responsibility. Since fire doesn't respect property boundaries, your local city (or County if in unincorporated areas) works with the County of Santa Clara Weed Abatement Program to ensure that all properties meet these Minimum Fire Safety Standards obligations. You are receiving this notice because our team has identified your property as being subject to the Weed Abatement Program. Please review the information carefully, and feel free to reach out for clarification or additional information.

The governing body for your property may adopt a resolution declaring that it contains fire hazards due to weeds or other debris. Following this action, the governing body will hold a public Commencement Hearing as part of a public meeting to consider an abatement order. This order will require you to remove any hazardous vegetation or combustible debris before the deadline outlined in the enclosed Weed Abatement Program Schedule. The public Commencement Hearing will take place on the date and at the location stated in the enclosed Notice to Destroy. This hearing will provide you with an opportunity to raise any objections or concerns regarding this requirement and the inclusion of your property in the Weed Abatement Program.

If you believe your property includes an environmentally sensitive habitat, please check the box on the blue Return Reply Form and provide any additional information on the Return Reply Form to assist us in determining the best approach to abating your property from fire hazards.

If, after the public Commencement Hearing, the Weed Abatement Program is approved for your property, the County is authorized by your city, and the California Health and Safety Code sections §14875-14922 to inspect your property to confirm that it has been cleared of hazards and is compliant with Minimum Fire Safety Standards (see enclosed brochure).

Inspections will begin after the abatement deadline for your jurisdiction. This notice does not relieve you of your responsibility to complete the necessary work before your jurisdiction's deadline. All properties designated to be part of the Weed Abatement Program will have a $296 annual inspection fee to cover the cost of the program. This $296 cost will be included on your property tax bill as a special assessment.

In addition to the $296 annual inspection fee, if the parcel is found non-compliant at the time of our inspection, the parcel will be assessed a processing fee of $953 per parcel, and the property will be scheduled for abatement by the Countydesignated contractor. You will not incur additional charges if the abatement work is completed before the Countydesignated contractor arrives. However, should the County-designated contractor perform the abatement work, the parcel will incur the cost associated with the contractor's work plus an additional County administrative fee of $1,383 per parcel.

For those parcels requiring a warrant, a fee of $3,006 per parcel will be assessed.

ATTACHMENT 3

ITEM NO. 13.
2 The County will use the lowest cost method of abatement considering the physical characteristics of your property and any other environmental or related concerns. Fees are detailed on the price list included in the Notice to Destroy. The total amount of fees incurred will be included as a special assessment on your property tax bill following confirmation of the charges by your city (or the County if the parcel is in an unincorporated area) at a public Assessment Hearing. This Assessment Hearing will be scheduled in the summer, with the exact date determined by your governing body. Typically, Assessment Hearing information is posted at the physical location of the governing body (typically at a city hall building or other government center and most also publish this information on their websites) prior to the meeting.

You can avoid all costs, other than the $296 annual inspection fee, by completing the abatement work yourself according to Minimum Fire Safety Standards (see enclosed brochure) prior to the abatement deadline for your jurisdiction and maintaining the Minimum Fire Safety Standards for the duration of fire season, which typically runs March through October. Parcels will be removed from the program after three consecutive years of voluntary compliance (work completed by parcel owner prior to the deadline and confirmed by our inspection).

In preparation for this program, please complete and return the enclosed blue Return Reply Form so we are notified of your plans for abating your property.

If you designate on your Return Reply Form that you intend to abate the weeds yourself, you need to complete the abatement before the deadline listed on the attached abatement program schedule and maintain fire-safe conditions for the duration of the fire season. Responding that you intend to provide maintenance does not release you from this responsibility to have the maintenance completed before your deadline and repeated as necessary to maintain Minimum Fire Safe Standards. The County will abate hazardous vegetation as required after the deadline for your jurisdiction at your cost.

Enclosed you will find the following information:

Return Reply Form specific to your parcel. Please complete and return it to us.

Notice to Destroy Weeds informing you of an upcoming public Commencement Hearing (that you may attend if you have any objections to the proposed removal of hazardous vegetation or debris from your parcel). Your jurisdiction may offer you the ability to participate in this meeting virtually; please confirm directly with your jurisdiction.

Weed Abatement Program Schedule for your city with current County abatement fees.

County of Santa Clara Weed Abatement Brochure.

Please be aware that any abatement performed by the County must comply with all applicable regulations. If your property falls within an area designated as possible habitat for burrowing owls or any other protected species of bird or animal, the methods used to remove vegetation may be regulated by specific laws or local ordinances.

If you are no longer the parcel owner identified by this mailing, please notify us immediately at (408) 282-3145. If you sell your parcel after the date of this letter, it is your responsibility to notify the new owner and include the obligation to pay any abatement costs in your sale agreement. Without taking this action, you will be responsible for all hazard abatement charges assessed to the parcel.

Our goals are voluntary compliance with the Minimum Fire Safety Standards and that all properties remain safe from fire. If you have any questions or need on-site advice to help you achieve compliance with the Minimum Fire Safety Standards, please call us at (408) 282-3145.

Sincerely,
Garik Iosilevsky, Weed Abatement Manager
Consumer and Environmental Protection Agency

ITEM NO. 13.
(over)
TRA 03
Notice to
Destroy
Weeds
NOTICE IS HEREBY GIVEN that on December 2, 2025, pursuant to the provisions of Section

11.20.020 of the Town Code of the Town of Los Gatos, the Town Council of said Town adopted a Resolution declaring that all weeds growing upon any private property or in any street, sidewalk or alley, as defined in Section 11.20.020 of such code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof.

NOTICE IS FURTHER GIVEN that property owners shall within thirty days after the adoption of such resolution, or within the time specified in a written agreement with the Director of Parks and Public Works of the Town of Los Gatos, or the Director of Parks and Pubic Works' representative, whichever time shall be later, remove all such weeds from their property, the abutting sidewalks, and the abutting half of the street in front, and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the Town of Los Gatos, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Town Council of such Town to be held in the Council Chambers of said Town at 110 East Main Street, Los Gatos, California, on Tuesday, February 3, 2026 at 7:00 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration.

The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq.

ITEM NO. 13.
(over)

LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE
February 3, 2026 Public hearing to consider objections to Abatement List.

April 15, 2026 PARCEL ABATEMENT DEADLINE
Parcel must be free from hazardous vegetation by this date or Inspector will order abatement.

July-August, 2026 Assessment Hearing to protest abatement charges (Date subject to change, please confirm with City Clerk)

2026 COUNTY WEED ABATEMENT FEES
Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of $296.00 per parcel.

Please be advised that the property owner of any parcel found to be non-compliant on or after the April 15th deadline may be charged a work order processing fee of $953.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges. Should the abatement work be performed by a County contractor, you will be assessed the contractor’s charges plus a County administrative fee of $1,383.00 per parcel.

For those parcels requiring a warrant a fee of $3,006.00 per parcel will be assessed. 2026 COUNTY CONTRACTOR’S WEED ABATEMENT PRICE LIST
A) Disc Work**
PARCEL SIZE: 1st Disc + 2nd Disc = Total Discs
0-12,500 sq.ft. $291-$425 $149-$180 $440-$605
12,501sq.ft.- 43,560sq.ft. $338-$425 $149-$225 $487-$650 Larger than 1 Acre $152-$309 $130-$151 $282-$460 (PER ACRE) ** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing.

B) HANDWORK $5.09-$5.73 PER 100 Square Feet (SF)
C) FLAIL 6 Foot Mower $6.40-10.97 PER 1,000 SF
MOWING 12 Foot Mower $6.40-10.97 PER 1,000 SF
D) LOADER WORK $153-$185 PER HOUR
E) DUMP TRUCK $141-$185 PER HOUR
F) BRUSH WORK $4.80-$5.47 PER 100 SF
G) DUMP FEE 100%
Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement.

ITEM NO. 13.

Minimum Fire Safety
Standards You
Should Know About
1553 Berger Drive, San José, CA 95112
Protect what’s important—your loved
ones, your pets, and your property.

Recognize potential fire hazards and
apply these Minimum Fire Safety
Standards.

We help protect our community from
fire dangers. Our goal is to ensure that
properties are free from fire hazards,
such as overgrown vegetation and
debris, to minimize the spread of fires.

About the County of
Santa Clara Weed
Abatement Program
You Can Help Prevent
Fires in Your
Neighborhood
[email protected]
(408) 282-3145
cepascc.org/weed-abatement
Contact Us

ITEM NO. 13.

Scan or visit the link to view
the complete list of Minimum
Fire Safety Standards.

1. Tall Grass, Weeds, and
Flammable Vegetation
Keep weeds, grass, and brush below
6 inches in height.

2. Flammable Debris
Keep your property clear of debris such
as trash, wood, and dead plants.

3. Overgrown Trees
Keep branches at least 10 feet from
chimneys, 6 feet off the ground, and
clear from under the eaves of houses.

4. Dead Vegetation on Roofs
Keep roofs and gutters clear of leaves
and debris. Remove dead trees and
vegetation.
cepascc.org/fire-safety
I received a notice that
my property is on the
Weed Abatement Program.

What happens next?
A Weed Abatement inspector will visit
your property annually for at least
three years to determine if it is in
compliance with the Minimum Fire
Safety Standards.

If a violation is found on your
property, you have two weeks to
correct it before we return for
another inspection. If you don't
correct it or contact us, we may
take necessary steps to bring
your property into compliance.

This will result in additional costs
beyond the annual inspection
fees.

If your property is in compliance
and remains compliant during
our annual inspections, you will
only be charged the annual
inspection fee for three
consecutive years.

Minimum Fire Safety Standards
Keep your property and neighborhood safe from fires. To be in compliance with the County’s Weed Abatement Program, follow the Minimum Fire Safety Standards:

Refer to the Weed Abatement
notice letter for details. Español | 中文 | Tiếng Việt | Tagalog

ITEM NO. 13.
2026 Return Reply Form
IMPORTANT: Please complete this form and mail back to the Weed Abatement Program within 15 days of receipt of this notice.Thank you.

TRA: 87

AT&T COMMS OF CALIF INC
Parcel Number Site Address

AT&T COMMS OF CALIF INC
1090 E DUANE AVE
SUNNYVALE CA 94085-2623
Please check the box that
applies for each parcel
(see explanations below):

ABC
*825-02-138*
825-02-138 73 SOUTH SAN MARTIN
Please provide any additional information such as new owners, presence of piping, irrigation, crops or other improvement.

If your property is fenced/locked, please provide instructions on how to enter the property. If you are no longer the owner of the property identified by this mailing, please notify the County immediately. If you sell your property after December 1st, 2025, it is your responsibility to notify the new owner and to include the obligation to pay any abatement costs in your agreement of sale. Without taking this action, you will be liable for all hazard abatement charges assessed to the property.

Thank you
Signature Name (please print) Date Day time phone
A
B
C
I am no longer the owner of this property, and the new owner information is listed below. Please return Reply Form immediately.

I intend to maintain this parcel in a manner consistent with the Minimum Fire Safety Standards from April 1, 2025 through the end of the fire season (typically runs through October). All parcels on the abatement list remain subject to inspection and fee to ascertain compliance. Non-compliance by the deadline will result in an Inspection fee and the abatement of weeds by the County contractor and the resulting charges added to the property tax.

I request that the County Contractor perform weed abatement work on this parcel. Charges for this work will be added to my property tax bill. (All County fees Apply)
( )
Please check if you feel this parcel is environmentaly sensitive SAMPLE

ITEM NO. 13.

ITEM NO. 13.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/03/2026
ITEM NO: 14
DATE: February 3, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Receive the Preliminary Baseline Forecast Model and Assumptions from NHA Advisors and Provide Feedback
RECOMMENDATION: Receive the Preliminary Baseline Forecast Model and assumptions from NHA Advisors and provide feedback.

FISCAL IMPACT:

There is no fiscal impact associated with this item. Funding for this work was previously approved by the Town Council.

STRATEGIC PRIORITY:

This action supports Strategic Priorities regarding prudent financial management to result in a structurally balanced 5-year budget.

BACKGROUND:

On October 21, 2025, the Town Council authorized the Town Manager to execute an agreement with NHA Advisors, LLC for fiscal analysis. The purpose was to provide independent, data-driven forecasts and risk assessments to support long-term financial planning and liability management.

DISCUSSION:

Since the original approval, NHA Advisors has completed preliminary modeling and updated

ITEM NO. 14.

PAGE 2 OF 2
SUBJECT: Receive the Baseline Forecast Model and Assumptions and Provide Feedback DATE: February 3, 2026
five-year and long-term forecasts will be presented to the Finance Commission on February 2, 2026, and any recommendations and feedback provided at that meeting will be provided to the Town Council via a verbal update as part of the presentation at the February 3, 2026 Town Council meeting.

This purpose of this preliminary model is to have a discussion of assumptions used for both revenue and expenditure categories by NHA Advisors and for the Council to provide feedback to the consultants.

Review of Financial Forecast Assumptions and Budget Drivers:
 Understand underlying data sources and relevant economic factors influencing the Town's revenue projections, including how recent economic trends and updated estimates from outside consultants should be factored into the baseline model  Distinguish between predictable and less-predictable revenue categories to understand how those sensitivities impact the Town's financial outlook  Review staffing trends and expenditure drivers that outpace inflationary trends  Normalize for one-time or ad hoc items in the annual budget process to improve ongoing long-term estimates
Next Steps:

1. Present draft forecast model to the Town Council Feb 3, 2026

2. Develop scenarios for comparison March 2026

3. Prepare Draft/Final Report March/April 2026
CONCLUSION:

As the Town continues to pursue various options to close the projected structural deficit and unfunded capital and operational needs, this independent review helps validate the anticipated budget gaps. The consultant's baseline forecast, although it varies from year to year, remains in line with the finance staff’s original forecast even as new data and information are incorporated into the projections.

ENVIRONMENTAL ASSESSMENT:

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

ITEM NO. 14.

PREPARED BY: Monica Renn
Economic Vitality 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: 02/03/2026
ITEM NO: 15
DATE: February 3, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJEC: Introduce an Ordinance of the Town Council Amending the Town’s Special Events Regulations in Chapter 14 to Establish an Entertainment Zone, Pursuant to State Law, Allowing Outdoor Consumption of Alcoholic Beverages During Permitted Events
Ordinance Title: An Ordinance of the Town Council of The Town of Los Gatos Amending Article X, “Special Events,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of the Town Of Los Gatos Town Code to Establish an Entertainment Zone Pursuant to SB 969
RECOMMENDATION: Introduce an Ordinance of the Town of Los Gatos amending Article X, “Special Events,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of the Town of Los Gatos Town Code to Establish an Entertainment Zone Pursuant to SB 969.

FISCAL IMPACT:

Introducing an Entertainment Zone Ordinance does not create a direct fiscal impact to the Town. However, it will increase the workload on Town staff to review and process the Special Event Permits. Per the State of California Department of Alcoholic Beverage Control (ABC), the Town may not charge a fee for businesses to activate the Entertainment Zone without other event components. However, should the applicant wish to include additional elements to the activation event that would otherwise require a Special Events Permit with associated fees, noted in the Town’s Fee Schedule, the applicant will be required to pay the associate Town fees.

ITEM NO. 15.

PAGE 2 OF 7
SUBJECT: Adopt an Ordinance Amending Article X – Special Events to establish an Entertainment Zone
DATE: January 26, 2026
STRATEGIC PRIORITY:

This item supports the Core Goal of Community Character by fostering Economic Vitality and supporting local businesses.

BACKGROUND:

Effective January 1, 2025, Senate Bill (SB) 969 was signed into law by the California State Legislature authorizing local jurisdictions to establish designated “Entertainment Zones” that allow greater flexibility for outdoor alcohol consumption. Staff is proposing introduction of an ordinance that would establish an Entertainment Zone and provide that Entertainment Zone events will be authorized by a special event permit approved by the Town. The law aims to revitalize downtown areas and support small businesses by allowing established businesses within the zones to benefit from additional visitor exposure and event-based sales.

SB 969 amended and added sections of the existing California Business and Professions Code to include provisions for businesses to participate in Entertainment Zones, including amending Sections 23039.5; 23357; 23358; 23396; 25690; and adding Sections 25691 and 25692, which have been reflected in requirements by the ABC and the proposed Town ordinance (Attachment 1).

Within these Entertainment Zones, licensed bars, breweries, wineries, and restaurants may sell beverages to-go for consumption within clearly marked, actively managed event areas, using only non-metal and non-glass approved containers, and with clear designation that participating individuals are 21. During such an activation, no temporary alcohol sales permits, in booths, tents, etc., may be approved within the activated Entertainment Zone boundaries.

Businesses within an activated Entertainment Zone must observe all ABC regulations specific to their approved ABC license, with the exception that participating licensed businesses are permitted to allow beverages purchased within their licensed premise to leave the location and enter directly into a public space that is within the activated Entertainment Zone. Thus, multiple businesses, or one umbrella organization, could coordinate a single special event that allows for open containers on the sidewalks, or other public rights-of-way within the approved areas of the activated Entertainment Zone, with approval from the Town.

Following the adoption of an ordinance, licensees wishing to participate in an approved Entertainment Zone activation must annually receive approval by the ABC and provide proof of such approval to the Town.

In late summer 2025, the Los Gatos Chamber of Commerce approached Town staff and requested that staff bring consideration forward to the Town Council for the implementation of

ITEM NO. 15.

PAGE 3 OF 7
SUBJECT: Adopt an Ordinance Amending Article X – Special Events to establish an Entertainment Zone
DATE: January 26, 2026
an Entertainment Zone in Downtown to provide more and different opportunities for restaurants to become involved in special events. Staff began researching Entertainment Zones, including conducting multiple one on one meetings with ABC representatives, participating in a regional meeting with several bay area cities lead by ABC representatives and the City of San Jose staff, as San Jose recently adopted an Entertainment Zone Ordinance, and conducted business outreach within the Town of Los Gatos to provide a platform for information and feedback with the downtown business community. Through research and meetings, Town staff identified how the regulations set forth by SB 969 could be applied in Los Gatos by amending the existing Town Code special events ordinance, which is codified in Article X of Chapter 14.

DISCUSSION:

The proposed ordinance amends Article X of Chapter 14 of the Town Code and builds upon the Town’s existing special event permit process by providing the opportunity for businesses to collaborate to activate all, or a portion of the Entertainment Zone to provide special shopping events, dining experiences, or other festive gatherings that focus on the businesses of downtown, rather than satellite beverage tents. The proposed ordinance enhances flexibility for event producers and local businesses by enabling more dynamic use of public spaces, allowing patrons to responsibly enjoy alcoholic beverages from multiple participating businesses within a shared and managed common area, and enriches the cultural and social vibrancy of a thriving downtown.

SB 969 requires the local jurisdictions to adhere to specific requirements in establishing Entertainment Zones. Noted below are the requirements of SB 969 along with additional information on how each will specifically be implemented within the Town of Los Gatos. Staff is proposing that the Town Council adopt the ordinance as the legal framework for the establishment of the Entertainment Zone, and for staff, in on-going consultation with the Chief of Police and approval by the Town Manager, to provide policy level direction and specific conditions of approval for each application. This gives staff the flexibility to be nimble and create structured boundaries specific to each activation application with the goal of providing conditions that promote a vibrant, safe, and responsible environment for all stakeholders.

SB 969 requires local jurisdictions to:

Enact a Local Ordinance that establishes the Entertainment Zone including maximum defined geological boundaries, days, and hours of activation:

Define maximum geological boundaries of the Zone – Staff is proposing that the maximum boundaries be defined as the Central Business District in Downtown Los Gatos, which includes the C-2 Commercial Zone, and the portion of the C-1 Commercial Zone that is located on E.

Main Street, between the Civic Center and Alpine Way, as shown below:

ITEM NO. 15.

PAGE 4 OF 7
SUBJECT: Adopt an Ordinance Amending Article X – Special Events to establish an Entertainment Zone
DATE: January 26, 2026
While these are the maximum boundaries that could be activated, ABC permits partial activation of a zone, if clearly noted in the application and conditions of approval. For example, Village Lane businesses could coordinate an evening of shopping where those businesses with direct entry into the area would be included in the activation to highlight the businesses and experiences offered in this portion of downtown. All businesses located within any activation area, given they have obtained approval from the ABC, may participate in an activation, should they choose; however, they are not required to participate.

Days and Hours of Operation – The proposed ordinance allows for activation seven days a week, between the hours of 8:00 a.m. and 10:00 p.m., although licensed premises must also adhere to the specific regulations within their ABC license. Staff is recommending 10:00 p.m. as the latest time of activation as it aligns with the Town’s Late-Night Entertainment Policy for outdoor entertainment. Similar to the boundaries, an activation may be for only part of the maximum hours, for example 3:00 – 9:00 p.m.

ITEM NO. 15.

PAGE 5 OF 7
SUBJECT: Adopt an Ordinance Amending Article X – Special Events to establish an Entertainment Zone
DATE: January 26, 2026
Specify types of alcoholic beverages, approved containers of off-Site consumption, and readily identified age verification:

Approved Alcoholic Beverages - The ordinance proposes that establishments may sell any beverage that is within the purview of their specific ABC License, for example, a Type 41 allows only the sale of beer and wine, thus if this is the license a business holds, it may only sell beer and wine during the activation, versus a Type 47 which allows for the sale or beer, wine and spirits.

Approved Non-Glass and Non-Metal Containers – SB 969 and the ABC require that the cup used during Entertainment Zone activations be non-metal and non-glass. Staff proposes requiring a clear plastic cup that is no more than 12 ounces as a guideline; however, recommends the specifics of this guideline remain at a policy level to allow for appropriate conditions of approval to be implemented for each activation. Through benchmarking, staff learned some cities are experimenting with a sticker on the cup, which does not always stay in place, or branded cups, which may be costly for businesses to preorder. Due to variability in events and conditions, staff does not recommend that one cup be specified in the ordinance, other than being non-metal or non-glass, and be further defined through the permit process to ensure consistency between the businesses, ease of identification for event staff, and that there is a maximum amount of beverage ounces set that is appropriate for the event.

Readily Identified Age Verification – Through policy and conditions of approval for individual permits, staff will require wristbands to be provided at the initial point of sale upon age verification by the licensed premise; age rechecked at any time by law enforcement, event staff, or licensed premises staff for patrons exhibiting a wristband; and, remain on all patrons consuming alcohol in the approved Entertainment Zone during the activation. The color and design of the wristband will be required to be submitted and approved through the permit process and be consistent between all participating licensed premises within the Entertainment Zone.

Have Brick-and-Mortar Exclusivity
Approved Licensees within the Boundaries are the Only Participants – SB 969 is designed to allow patrons to carry drinks purchased from local brick-and-mortar businesses within the zone out into public areas to enjoy. This generally ensures these businesses are the primary beneficiaries rather than third-party festival vendors located in pop-up tents, beer gardens, or similar temporary service areas within the streets, sidewalks, etc. Thus, with the activation of

ITEM NO. 15.

PAGE 6 OF 7
SUBJECT: Adopt an Ordinance Amending Article X – Special Events to establish an Entertainment Zone
DATE: January 26, 2026
the Entertainment Zone, no other alcoholic beverages may be brought into the zone from an outside residence, business, or delivery service.

Consult with Local Law Enforcement:

Before enacting the ordinance, jurisdictions are required to notify local law enforcement to request feedback on potential health and safety impacts and mitigation strategies. Staff has been collaborating with the LGMS Police Department on the establishment of this ordinance; and, collaborates with Police Department on a consistent basis for the review and approval process of all special event permits. This partnership will continue with special event permits related to the activation of Entertainment Zones. At the direction of the Police Chief, certain Entertainment Zone activations may be required to provide police presence similar to requirements of current special events in Los Gatos. Should this be the case, event organizers would be assessed the associated fee for the Police staff to be onsite for the event. An alternative may be that event organizers are required to implement a security team, or team of event volunteers to assist with patron compliance. These specifics will be identified and provided to applicants within the timeline outline in the Town Code for special event permit response.

Notify the Department of ABC:

Upon establishing or modifying an Entertainment Zone, the Town must:
 Provide the ABC with a copy of the ordinance, including zone boundaries, hours of operation, and beverage/container rules.
 No less than every other year, review the Town’s policies and operations in consultation with local law enforcement to ensure public health and safety standards are maintained, and provide confirmation to the ABC.

Beyond the regulations set forth by SB 969, which includes following the California Business and Professions Code and direction of the ABC, staff will prepare a package of notification and signage requirements that Entertainment Zone organizers must print and post at each participating licensed premise, both at the point of sale, and on the door of the establishment notifying the public of the provisions of the activation. Organizers will also be required to have clearly marked signage at the boundaries of the Entertainment Zone stating the rules of participation.

Staff anticipates that the implementation of an Entertainment Zone will offer new and creative ways for businesses to host events that strengthen the vibrancy of downtown and highlight the shopping and dining experience of patrons, while providing enhancement for some existing events. It will likely take a fair amount of staff time initially to review and process permits and

ITEM NO. 15.

PAGE 7 OF 7
SUBJECT: Adopt an Ordinance Amending Article X – Special Events to establish an Entertainment Zone
DATE: January 26, 2026
provide guidance to the businesses. At this point, ABC has provided direction to staff that businesses cannot be charged a fee for Entertainment Zone activation participation, thus the permit for Entertainment Zone activation alone will be without charge. Should the activation of the zone be part of a larger event that includes components that typically require a Town special event permit, the applicant will be charged the special event application fee and associated event fees that align with the elements outside of the activation.

CONCLUSION:

Staff recommends that the Town Council adopts an Ordinance of the Town of Los Gatos amending Article X. – Special Events, Chapter 14.100, of the Town of Los Gatos Town Code related to the establishment and regulation of an Entertainment Zone pursuant to Senate Bill 969 to allow for the sale of certain alcoholic beverages by licensed establishments for consumption outside in designated public streets, sidewalks, or public right-of-way subject to a special event permit.

COORDINATION:

This report and ordinance were drafted in coordination with Economic Vitality Staff, the Town Attorney’s and Town Manager’s Office, the Community Development Department, and the Los Gatos-Monte Sereno Police Department.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Draft Ordinance

2. Redline Special Events Code

ITEM NO. 15.
1 of 9
Ordinance February 3, 2026
ATTACHMENT 1

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING ARTICLE X, “SPECIAL EVENTS,” OF CHAPTER 14, “LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS,” OF THE TOWN OF LOS GATOS TOWN CODE TO ESTABLISH AN ENTERTAINMENT ZONE PURSUANT TO SB 969
WHEREAS, Senate Bill 969 amended California Business and Professions Code Sections 23039.5, 23357, 23358, 23396, 25690, and added Sections 25691 and 26692 to allow individual jurisdictions to adopt ordinances allowing for the establishment of entertainment zones; WHEREAS, the Town wishes to establish an entertainment zone in which specified alcoholic beverages can be consumed on public streets, sidewalks, or public rights of way; WHEREAS, any entertainment zone ordinance must be approved by the State of California Department of Alcohol and Beverage Control; and WHEREAS, the Town proposes to use its Special Event Permit Process for entertainment zones; and

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AS FOLLOWS:

SECTION I. Section 14.100.015, “Definitions,” of Article X, “Special Events,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of the Town of Los Gatos Town Code is amended to read as follows:

Sec. 14.100.015. - Definitions.
(a) ABC. The State of California, Department of Alcohol Beverage Control. (b) Advance promotional activity. Posting, display, or distribution of signs, banners, leaflets, mailing and publications promoting a future special event. (c) Applicant. A person or organization who seeks a permit to conduct a special event governed by this article.
(d) Block party. An outdoor neighborhood gathering coordinated by the residents of that neighborhood that includes the closure of a public right of way within an area zoned for residential use. Block parties may not include the closure of arterial streets and may not be for commercial, for-profit, or advertising purposes.

ITEM NO. 15.
2 of 9
Ordinance February 3, 2026
ATTACHMENT 1
(e) Conditions of approval or letter of conditional approval. Requirements with completion timelines concerning the time, place, scope of the event, required permits from other government agencies, vendor provisions, payment of applicable fees and deposits, and other provisions, including but not limited, to conditions to protect the safety of persons and property, provide for adequate traffic control, and regulate the sale and service of food and/or alcohol. Such criteria shall be set forth by the Town Manager to the permittee in writing outlining specifics that must be met prior to the final approval for and issuance of the special event permit.
(f) Entertainment Zone. A zone as defined in Section 23039.5 of the California Business and Professions Code, in which specified alcoholic beverages may be consumed at the locations set forth in Section 14.100.070.
(g) Entertainment Zone Event. An event that occurs within the boundaries of an Entertainment Zone in compliance with ABC regulations, the requirements set forth in this Chapter, and any associated Town Policy governing the activation of an Entertainment Zone. (h)Free speech event. An event, at which the expression of free speech rights is the principal purpose. "Free speech rights" means expressive activity protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution. (i) Permittee. Any applicant to whom a special events permit is issued. (j) Special event. Any event, which is scheduled to take place on or contiguous to a Town street, sidewalk, alley or other right-of-way or on Town property including its parks and the grounds of its buildings, which in the judgment of the Town Manager is likely either:
(1) To obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic; or
(2) To attract participants or spectators who are not likely to comply with traffic laws or controls; or
(3) To generate a crowd of sufficient size likely to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic, or to restrict access to parks, recreation areas or other public areas; or
(4) To require police regulation, monitoring, or control to maintain public safety.

Examples of special events may include, but are not limited to: athletic events such as runs, walkathons, bicycle races, etc., parades, street fairs, festivals, carnivals, car rallies, farmers markets, sidewalk sales, outdoor music concerts, gatherings of merchants, craftsmen, artists or

ITEM NO. 15.
3 of 9
Ordinance February 3, 2026
ATTACHMENT 1
other sellers of goods for the primary purpose of display and sale to the public of arts, crafts or goods, and Entertainment Zone activations.
(k) Special event permit. Written approval issued by the Town Manager for the permittee to conduct the special event as described and conditioned within the conditions of approval. The special event permit is issued after all conditions of approval have been addressed to the satisfaction of the Town Manager.
(l) Town Manager. The Town Manager or the Town Manager's designee. (m) Vendors. Entities that are hired or contracted by the permittee to carry out a service associated with the proposed event.

Section II. Section 14.100.035, “Denial,” of Article X, “Special Events,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of the Town of Los Gatos Town Code is amended to read as follows:
(a) Grounds for denial. Applications for special events permits may be denied for any of the following reasons:
(1) Information contained in the application or supplemental information requested from the applicant is found to be materially false or misleading. (2) The application was incomplete or supplemental information or documents were not provided in a timely manner.
(3) A permit for another special event at a time and place that would conflict with the proposed event, or cause undue traffic congestion, or create excessive demands for police or other Town services has already been approved. (4) The time, route, or size of the event is likely to substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or to disrupt the use of a street at a time when it is usually subject to significant traffic congestion. (5) The concentration of persons, animals and vehicles at the site or assembly and disbanding area is reasonably likely to prevent proper police, fire or ambulance services to areas contiguous to the event.
(6) The size of the event is likely to unreasonably compromise normal police protection to the rest of the Town.

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(7) The location of the event is likely to substantially interfere with construction or maintenance work previously scheduled to take place upon or along Town streets, or to interfere with a previously granted encroachment permit. (8) The special event is likely to occur at a time when a school is in session, at a route or location adjacent to a school, and the noise created by the activities of the event would substantially disrupt the educational activities of the school. (9) The special event will occur on a route or location adjacent to a hospital or extended care facility and the noise created by the event would substantially disrupt the operation of the hospital or extended care facility or disturb the patients within. (10) The special event has a prior history of creating conditions that jeopardize the peace and safety of the citizenry.
(11) The applicant has previously violated special event permit conditions. (12) The applicant refuses to indicate in writing that the applicant will comply with all terms and conditions if the permit.
(13) The scope, intensity, location, type, or size of event deviates from the description provided on the special event application. A new application may be submitted to reflect the deviation so long as the requirements of this Article will be met. (b) Limitation on denial of free speech event permits. In determining whether or not a free speech event permit should be denied, the Town Manager shall resolve all doubts in favor of approval or conditional approval. If the grounds for denial are specified in (a)(3) through (9) of this section, the Town Manager may alter the date, time, place, duration, route, or location of the of free speech event and conditionally approve the application instead of denying it. The conditions imposed shall modify the proposed event only to the extent necessary to avoid the grounds for denial.

Section III. Section 14.100.070, “Entertainment Zone,” is added to Article X, “Special Events,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” to read as follows:
(a) Establishment and Regulation. The purpose of this Section is to implement California Code of Business and Professions Code Sections 25690 through 25692 with the establishment and regulation of an Entertainment Zone within a designated area, to allow the purchase of open container alcoholic beverages from local bars, restaurants, wineries, breweries and on-sale licensees for consumption outside in common spaces such as plazas, public streets, sidewalks or public rights-of-way during certain hours,

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subject to a special event permit issued pursuant to this Article. (b) Entertainment Zone Requirements. All commercial entities and organizations sponsoring the Entertainment Zone Event, or selling alcoholic beverages at an Entertainment Zone Event shall comply with all applicable state and local laws and regulations, including:
(1) All applicable ABC license and permitting requirements; (2) Sections 23357, 23358, 23396 of the California Business and Professions Code, as may be amended from time to time regulating licensed beer manufacturers, licensed winegrowers, and on-sale licensees, respectively; (3) All other laws governing the sale and consumption of alcoholic beverages, except that laws restricting “off-sale” of alcoholic beverages shall apply; and (4) All permit requirements for special events issued pursuant to this Article. (c) Open alcoholic beverages may only be consumed within an Entertainment Zone during an Entertainment Zone Event, subject to any other restrictions imposed by state or local law.
(d) All open alcoholic beverages consumed during an Entertainment Zone Event may only be purchased from a premises located within the Entertainment Zone that is authorized under California Business and Professions Code Section 23357, 23358, or 23396, as may be amended, to permit the consumers to leave the premises with open containers of alcoholic beverages for consumption off the premises, or an organization that is authorized by an ABC license or permit to make such sales within the Entertainment Zone.
(e) Open containers leaving the licensed premises during an approved Entertainment Zone Event may only be in plastic cups or similar non-metal, non-glass containers, as specified in the special event permit.
(f) All participating patrons purchasing beverages to be consumed within the approved Entertainment Zone Event must be easily identifiable as over twenty-one years of age and display a wristband or similar as specified within the special event permit.

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(g) Entertainment Zone Hours. Outdoor consumption of alcoholic beverages may only occur during an Entertainment Zone Event between the hours of 8:00 a.m. and 10:00 p.m., subject to any additional limitations imposed by any ABC permit or license and by the special events permit issued pursuant to this Article, including but not limited to more restrictive days and hours during which outdoor consumption of alcoholic beverages is authorized.
(h) Entertainment Zone Locations. C-2 Central Business District Commercial Zone inclusive of public parking lots, alleyways, and parks located within the Central Business District (C-2); and the portion of C-1, Neighborhood Commercial Zoning located directly adjacent to the south-west of the C-2 Zone along E. Main Street, between Pageant Way and Alpine Avenue as shown on the map below.
(i) Entertainment Zone Implementation. Within 60 days of the establishment or modification of an Entertainment Zone, the Town Manager or their designee will, following consultation with the Police Department, provide the following information to ABC, pursuant to Section 25690 of the California Business and Professions Code:
(1) A copy of the ordinance establishing or modifying the Entertainment Zone;

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(2) Information as may be necessary to identify the boundaries of the Entertainment Zone;
(3) The days and hours of operation of the Entertainment Zone; (4) The types of alcoholic beverages permitted within the Entertainment Zone; and (5) The approved plastic or similar non-glass and non-metal containers in which alcoholic beverages may be authorized.
(j) The Town Manager is authorized to promulgate rules and regulations to implement this Article, and the special events guidelines and policies, copies of which shall be provided to ABC, that shall include the following requirements:
(1) Establish a process or procedure to readily identify individuals purchasing or consuming alcoholic beverages within the Entertainment Zone as being 21 years of age or older;
(2) Any person or organization seeking a special events permit pursuant to this Article shall comply with the insurance requirements applicable to that permit, and all rules and regulations authorized by this Article, Special Events; and (3) Any additional requirements for approved beverage containers, additional restrictions on hours of operation for the Entertainment Zone Event, and other time, place and manner restrictions.
(k) Any holder of an ABC license or permit that wishes to allow customers to leave the premises with open containers of alcoholic beverages for consumption off the premises during an Entertainment Zone Event shall provide the Town with a copy of the notice provided to ABC under Section 23357, 23358, or 23396 of the California Business and Professions Code, as applicable, at the same time such notice is provided to ABC. (l) Biennial review. The Town Manager, or the Town Manager’s designee, shall review the operation of any established Entertainment Zone every two years following its adoption to ensure that the Entertainment Zone is being maintained in a manner that protects the health and safety of the general public. This review shall be conducted in consultation with the Los Gatos–Monte Sereno Police Department or other local law enforcement agency with jurisdiction, and any reports produced during the review shall be made available to the California Department of Alcoholic Beverage Control upon request.

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.

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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 3 rd day of February 2026,
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:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

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LOS GATOS, CALIFORNIA
DATE: __________________

ITEM NO. 15.

ARTICLE X. - SPECIAL EVENTS
Sec. 14.100.010. - Purpose and intent.

The Town of Los Gatos recognizes the social, cultural and economic enrichment that special events bring to the Town and recognize that those coordinated by non-profit organizations that provide proceeds to charitable organizations provide a community benefit. These events enhance the Town's lifestyle and provide benefits to the citizens and businesses. It is incumbent upon the Town to establish policies and procedures which allow for the advance planning and management of Town personnel and financial resources. It is the intent of the Town to protect the rights of its citizens by establishing the least restrictive and most reasonable manner of regulation to maximize the benefits and minimize the burdens of special events. This article is intended to be interpreted in a manner compatible with the Constitutions and laws of the State of California and the United States.
(Ord. No. 2271, § I, 2-6-18)
Sec. 14.100.015. - Definitions.
(a) ABC. The State of California, Department of Alcohol Beverage Control. (a)(b) Advance promotional activity. Posting, display, or distribution of signs, banners, leaflets, mailing and publications promoting a future special event. (b)(c) Applicant. A person or organization who seeks a permit to conduct a special event governed by this article.
(c)(d) Block party. An outdoor neighborhood gathering coordinated by the residents of that neighborhood that includes the closure of a public right of way within an area zoned for residential use. Block parties may not include the closure of arterial streets and may not be for commercial, for-profit, or advertising purposes.
(d)(e) Conditions of approval or letter of conditional approval. Requirements with completion timelines concerning the time, place, scope of the event, required permits from other government agencies, vendor provisions, payment of applicable fees and deposits, and other provisions, including but not limited to, conditions to protect the safety of persons and property, provide for adequate traffic control, and regulate the sale and service of food and/or alcohol. Such criteria shall be set forth by the Town Manager to the permittee in writing outlining specifics that must be met prior to the final approval for and issuance of the special event permit.

ITEM NO. 15.
(f) Entertainment Zone. A zone as defined in Section 23039.5 of the California Business and Professions Code, in which specified alcoholic beverages may be consumed at the locations set forth in Section 14.100.070.
(g) Entertainment Zone Event. An event that occurs within the boundaries of an Entertainment Zone in compliance with ABC regulations, the requirements set forth in this Chapter, and any associated Town Policy governing the activation of an Entertainment Zone. (e)(h) Free speech event. An event, at which the expression of free speech rights is the principal purpose. "Free speech rights" means expressive activity protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution. (f)(i) Permittee. Any applicant to whom a special events permit is issued. (g)(j) Special event. Any event, which is scheduled to take place on or contiguous to a Town street, sidewalk, alley or other right-of-way or on Town property including its parks and the grounds of its buildings, which in the judgment of the Town Manager is likely either:
(1) To obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic; or
(2) To attract participants or spectators who are not likely to comply with traffic laws or controls; or
(3) To generate a crowd of sufficient size likely to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic, or to restrict access to parks, recreation areas or other public areas; or
(4) To require police regulation, monitoring, or control to maintain public safety.

Examples of special events may include, but are not limited to: athletic events such as runs, walkathons, bicycle races, etc., parades, street fairs, festivals, carnivals, car rallies, farmers markets, sidewalk sales, outdoor music concerts, and gatherings of merchants, craftsmen, artists or other sellers of goods for the primary purpose of display and sale to the public of arts, crafts or goods, and Entertainment Zone activations.
(h)(k) Special event permit. Written approval issued by the Town Manager for the permittee to conduct the special event as described and conditioned within the conditions of approval. The special event permit is issued after all conditions of approval have been addressed to the satisfaction of the Town Manager.
(i)(l) Town Manager. The Town Manager or the Town Manager's designee.

ITEM NO. 15.
(j)(m) Vendors. Entities that are hired or contracted by the permittee to carry out a service associated with the proposed event.
(Ord. No. 2271, § I, 2-6-18; Ord. No. 2308, § I, 5-5-20; Ord. No. 2320, § III, 9-7-21) Sec. 14.100.020. - Permit.
(a) Required: Any person intending to conduct a special event in the Town of Los Gatos shall obtain a special events permit. No advance promotional activities for a special event shall be commenced before obtaining a letter of conditional approval. (1) Series events, special events applying to operate as a series on Town property may obtain one special event permit for a period not to exceed twelve (12) months, and require consent of landlord by the Town Manager, or the Town Council at the discretion of the Town Manager. (Examples include: Summer Concert Series, Farmer Market, etc.) (2) An executed contract for an event or series event does not replace the requirement of the special event permit.
(b) Exceptions: A special events permit is not required for the following events:
(1) Funeral processions.
(2) Activities conducted by a governmental agency acting within the scope of its authority.
(3) A special event organized, implemented, and led by the Town of Los Gatos. (Ord. No. 2271, § I, 2-6-18)
Sec. 14.100.025. - Application for special events permit. (a) Time for filing. Application for a permit shall be filed with the Town Manager no later than thirty-six (36) hours before a Free Speech Event, no later than thirty (30) days before a block party, and no later than sixty (60) calendar days and no sooner than one (1) year before a special event.
(b) Form for application. An official Town of Los Gatos special event permit application must be completed and submitted to the Town Manager within the time for filing. (c) Application fee. A nonrefundable administrative fee set by Council resolution shall be charged for each application, except that any fee for a permit for a free speech event shall be waived upon a showing to the satisfaction of the Town Manager on appeal, that the fee is so burdensome to the sponsor and/or the applicant that it is likely to interfere with the exercise of constitutional rights of speech or assembly.

ITEM NO. 15.
(d) Unless changes are at the request of the Town Manager, any "significant deviation" in an event plan as proposed within the original special event permit will require submittal of a new special event permit application. "Significant deviations" include, but are not limited to, a change in the scope, intensity, location, type, or size of an event, and is at the discretion of the Town Manager.
(Ord. No. 2271, § I, 2-6-18; Ord. No. 2308, § I, 5-5-20) Sec. 14.100.030. - Action on application.
(a) Consultation. The Town Manager shall consult with all Town departments which may be affected by the proposed special event.
(b) Time for action. Within thirty (30) days of submittal of a complete application for a special event permit, and within one (1) working day of submittal of a complete application for a free speech event, the Town Manager shall approve, conditionally approve or deny the application.

The times for action may be extended by mutual consent of the applicant and the Town Manager, or if the Town Manager does not have enough information to approve, conditionally approve, or deny the application. The Town Manager, if possible, shall expedite action on an application for a free speech event when it is apparent that the purpose of the demonstration would be frustrated if not conducted at a certain date and time. (c) At the Town Manager's discretion, any event may be escalated to the Town Council for review or approval.
(Ord. No. 2271, § I, 2-6-18; Ord. No. 2308, § I, 5-5-20) Sec. 14.100.035. - Denial.
(a) Grounds for denial. Applications for special events permits may be denied for any of the following reasons:
(1) Information contained in the application or supplemental information requested from the applicant is found to be materially false or misleading. (2) The application was incomplete or supplemental information or documents were not provided in a timely manner.
(3) A permit for another special event at a time and place that would conflict with the proposed event, or cause undue traffic congestion, or create excessive demands for police or other Town services has already been approved.

ITEM NO. 15.
(4) The time, route, or size of the event is likely to substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or to disrupt the use of a street at a time when it is usually subject to significant traffic congestion. (5) The concentration of persons, animals and vehicles at the site or assembly and disbanding area is reasonably likely to prevent proper police, fire or ambulance services to areas contiguous to the event.
(6) The size of the event is likely to unreasonably compromise normal police protection to the rest of the Town.
(7) The location of the event is likely to substantially interfere with construction or maintenance work previously scheduled to take place upon or along Town streets, or to interfere with a previously granted encroachment permit. (8) The special event is likely to occur at a time when a school is in session, at a route or location adjacent to a school, and the noise created by the activities of the event would substantially disrupt the educational activities of the school. (9) The special event will occur on a route or location adjacent to a hospital or extended care facility and the noise created by the event would substantially disrupt the operation of the hospital or extended care facility or disturb the patients within. (10) The special event has a prior history of creating conditions that jeopardize the peace and safety of the citizenry.
(11) The applicant has previously violated special event permit conditions. (12) The applicant refuses to indicate in writing that the applicant will comply with all terms and conditions if the permit.
(13) The scope, intensity, location, type, or size of event deviates from the description provided on the special event application. A new application may be submitted to reflect the deviation given the provisions of this chapter 14, Section 100so long as the requirements of this Article will may be met.
(b) Limitation on denial of free speech event permits. In determining whether or not a free speech event permit should be denied, the Town Manager shall resolve all doubts in favor of approval or conditional approval. If the grounds for denial are specified in (a)(3) through (9) of this section, the Town Manager may alter the date, time, place, duration, route, or location of the of free speech event and conditionally approve the application instead of denying it. The conditions imposed shall modify the proposed event only to the extent necessary to avoid the grounds for denial.

ITEM NO. 15.
(Ord. No. 2271, § I, 2-6-18; Ord. No. 2320, § III, 9-7-21) Sec. 14.100.040. - Fees.

Fees shall be set by Council resolution shall be charged for each application. (a)Fees. The conditions of approval shall provide a reasonable estimate of fees to be collected by the Town for Town resources required by the event. Any required deposits shall be paid in full prior to the event date. Within twenty-one (21) days after the completion of the event, the Town will provide an invoice for the fees to be collected by the Town. The Town reserves the right to fully invoice the event sponsor after the event for any and all Town resources required before, during and after the event, or for damages to Town property directly related to the event activities.
(b) At times, poor planning by event organizers may result in circumstances requiring an extraordinary public safety response for the immediate protection of public health and welfare.

Such incidents result in unanticipated costs and divert critical Town resources, which may be passed along to the event sponsor.
(Ord. No. 2271, § I, 2-6-18; Ord. No. 2308, § I, 5-5-20) Sec. 14.100.045. - Revocation of permit before special event. (a) Reasons. The Town Manager may revoke a permit at any time if:
(1) An emergency arises making it impossible to assign sufficient or appropriate personnel to the event to protect public safety;
(2) Information is obtained after the permit is issued from which it may be reasonably concluded that the permit should have been denied under section 14.100.040; (3) Environmental factors, such as a natural disaster or public health emergency arises that would jeopardize the health and safety of the public if the event were held. (b) Notice of revocation. The applicant shall be informed in writing of the grounds for any such revocation.
(c) Appeal of permit revocation. The applicant may appeal a revocation in the manner provided for in section 14.100.055 in all cases except where the revocation is based on emergency and there is insufficient time available to present or schedule an appeal. (Ord. No. 2271, § I, 2-6-18; Ord. No. 2308, § I, 5-5-20) Sec. 14.100.050. - Revocation of permit during special event.

ITEM NO. 15.

The Town Manager may revoke the permit during a special event for either of the following reasons:
(a) The event has deviated from or will deviate from its approved route or area; or (b) The event and/or its participants or vendors are violating the law or permit conditions. (c) The permittee has been advised of and given an opportunity to control such deviation or violation and refused or failed to do so.
(d) If fire or another emergency requires the event to be terminated to protect public safety.

When a permit is revoked for this reason, all event participants must immediately comply with the instructions of public safety or the Town Manager.
(Ord. No. 2271, § I, 2-6-18)
Sec. 14.100.055. - Appeal process.
(a) Normal appeal. Any applicant aggrieved by the denial or conditional approval of a special event permit may appeal the decision to the Town Council by filing a notice of appeal with the Town Clerk within ten (10) days of the delivery of the decision. The Town Clerk shall set the date and time for the public hearing within forty-five (45) days of the filing date and shall give notice to such person of the time and place of hearing as prescribed by law. (b) Expedited appeal for free speech event. If there is insufficient time for a timely appeal of denial or conditional approval of a free speech event events permit to be heard by the Town Council prior to the date on which a free speech event is scheduled, the applicant may request that the Town Clerk schedule the appeal before the Town Manager. The Town Manager shall hold hearing no later than twelve (12) hours prior to the time the event is scheduled to commence and will render a decision as soon as practicable and in no case later than the time the event is scheduled to commence. The Town Manager's decision shall be final. (Ord. No. 2271, § I, 2-6-18)
Sec. 14.100.060. - Posting of special event permit.

The special event permits and any other required Town licenses and permits shall be maintained at the site during the special event and exhibited upon request of any Town police officer or Town event staff if it is determined that the event is in violation of the special event permit conditions or if an emergency requires termination of the special event to protect public safety. Notices of revocation shall be in writing with the reasons for revocation specifically set forth, unless time does not permit, in which case the notification shall be verbal and followed, at a later date, by written notice explanation.

ITEM NO. 15.
(Ord. No. 2271, § I, 2-6-18)
Sec. 14.100.065. - Violations.
(a) It shall be unlawful for any persons to sponsor or conduct a special event without a special event permit.
(b) It shall be unlawful for any person to participate in a special event with the knowledge a special event permit has not been issued.
(c) It shall be unlawful for a permittee or sponsor to willfully violate the terms and conditions of a special event permit, or for any special event participant to knowingly and willfully violate the terms or conditions of the special event permit.
(d) It shall be unlawful for any person to hamper, interfere with, obstruct or impede any special event which has been permitted under this article or to park or leave a vehicle unattended in violation of parking control signs posted regarding a special event. (e) It shall be unlawful for any person to drive a vehicle, bicycle or other moving object or propellant, between the persons or vehicles comprising any permitted special event, unless such activity is undertaken at the direction of a Town peace officer, an authorized security person, or event monitor.
(f) In addition to fees covering Town resources, permit violations may result in fines at the discretion of the Town Manager. All permit violations and fines shall be provided to the event sponsor in writing within twenty-one (21) days after the completion of the event. (g) It shall be a misdemeanor for any special event participant to fail or refuse to comply with a revocation order made pursuant to section 14.100.070.
(Ord. No. 2271, § I, 2-6-18)
Sec. 14.100.070. – Entertainment Zone.
(a) Establishment and Regulation. The purpose of this Section is to implement California Code of Business and Professions Code Sections 25690 through 25692 with the establishment and regulation of an Entertainment Zone within a designated area, to allow the purchase of open container alcoholic beverages from local bars, restaurants, wineries, breweries and on-sale licensees for consumption outside in common spaces such as plazas, public streets, sidewalks or public rights-of-way during certain hours, subject to a special event permit issued pursuant to this Article.

ITEM NO. 15.
(b) Entertainment Zone Requirements. All commercial entities and organizations sponsoring the Entertainment Zone Event, or selling alcoholic beverages at an Entertainment Zone Event shall comply with all applicable state and local laws and regulations, including:
(1) All applicable ABC license and permitting requirements; (2) Sections 23357, 23358, 23396 of the California Business and Professions Code, as may be amended from time to time regulating licensed beer manufacturers, licensed winegrowers, and on-sale licensees, respectively; (3) All other laws governing the sale and consumption of alcoholic beverages, provided that, consistent with California Business and Professions Code Sections 23357, 23358, and 23396, any restrictions on the exercise of off-sale privileges shall not apply to the removal of open alcoholic beverages from the licensed premises for consumption within the Entertainment Zone; and (4) All permit requirements for special events issued pursuant to this Article. (c) Open alcoholic beverages may only be consumed within an Entertainment Zone during an Entertainment Zone Event, subject to any other restrictions imposed by state or local law.
(d) All open alcoholic beverages consumed during an Entertainment Zone Event may only be purchased from a premises located within the Entertainment Zone that is authorized under California Business and Professions Code Section 23357, 23358, or 23396, as may be amended, to permit the consumers to leave the premises with open containers of alcoholic beverages for consumption off the premises, or an organization that is authorized by an ABC license or permit to make such sales within the Entertainment Zone.
(e) Open containers leaving the licensed premises during an approved Entertainment Zone Event may only be in plastic cups or similar non-metal, non-glass containers, as specified in the special event permit.
(f) All participating patrons purchasing beverages to be consumed within the approved Entertainment Zone Event must be easily identifiable as over twenty-one years of age and display a wristband or similar as specified within the special event permit.

ITEM NO. 15.
(g) Entertainment Zone Hours. Outdoor consumption of alcoholic beverages may only occur during an Entertainment Zone Event between the hours of 8:00 a.m. and 10:00 p.m., subject to any additional limitations imposed by any ABC permit or license and by the special events permit issued pursuant to this Article, including but not limited to more restrictive days and hours during which outdoor consumption of alcoholic beverages is authorized.
(h) Entertainment Zone Locations. C-2 Central Business District Commercial Zone inclusive of public parking lots, alleyways, and parks located within the Central Business District (C-2); and the portion of C-1, Neighborhood Commercial Zoning located directly adjacent to the south-west of the C-2 Zone along E. Main Street, between Pageant Way and Alpine Avenue as shown on the map below.
(i) Entertainment Zone Implementation. Within 60 days of the establishment or modification of an Entertainment Zone, the Town Manager or their designee will, following consultation with the Police Department, provide the following information to ABC, pursuant to Section 25690 of the California Business and Professions Code:
(1) A copy of the ordinance establishing or modifying the Entertainment Zone;

ITEM NO. 15.
(2) Information as may be necessary to identify the boundaries of the Entertainment Zone;
(3) The days and hours of operation of the Entertainment Zone; (4) The types of alcoholic beverages permitted within the Entertainment Zone; and (5) The approved plastic or similar non-glass and non-metal containers in which alcoholic beverages may be authorized.
(j) The Town Manager is authorized to promulgate rules and regulations to implement this Article, and the special events guidelines and policies, copies of which shall be provided to ABC, that shall include the following requirements:
(1) Establish a process or procedure to readily identify individuals purchasing or consuming alcoholic beverages within the Entertainment Zone as being 21 years of age or older;
(2) Any person or organization seeking a special events permit pursuant to this Article shall comply with the insurance requirements applicable to that permit, and all rules and regulations authorized by this Article; and (3) Any additional requirements for approved beverage containers, additional restrictions on hours of operation for the Entertainment Zone Event, and other time, place and manner restrictions.
(k) Any holder of an ABC license or permit that wishes to allow customers to leave the premises with open containers of alcoholic beverages for consumption off the premises during an Entertainment Zone Event shall provide the Town with a copy of the notice provided to ABC under Section 23357, 23358, or 23396 of the California Business and Professions Code, as applicable, at the same time such notice is provided to ABC. (l) Biennial review. The Town Manager, or the Town Manager’s designee, shall review the operation of any established Entertainment Zone every two years following its adoption to ensure that the Entertainment Zone is being maintained in a manner that protects the health and safety of the general public. This review shall be conducted in consultation with the Los Gatos–Monte Sereno Police Department or other local law enforcement agency with jurisdiction, and any reports produced during the review shall be made available to the California Department of Alcoholic Beverage Control upon request.

ITEM NO. 15.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 02/03/2026
ITEM NO: 16
DATE: February 3, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve a Council Policy Regarding Adoption of Certain Town Assets RECOMMENDATION: Approve a Council Policy entitled Adoption of Assets on Town Owned Property
FISCAL IMPACT:

Adoption of the proposed policy itself has no direct fiscal impact. The policy supports recovery of costs associated with managing the program through Council-adopted fees. The Adopt A Bench program fee will be proposed with the Town FY 2026-2027 Comprehensive Fee Schedule.

STRATEGIC PRIORITY:

This item is not associated directly with a specific strategic priority; however, it aligns with the Town’s core goal of good governance.

BACKGROUND:

The Parks and Public Works Department (PPW) has run an “Adopt a Bench” program for many years. There is no known written policy or procedure for this program. In 2024, staff recommended, and the Town Manager agreed, that the program be placed on hold to allow for development of a policy to guide implementation of the program.

As staff evaluated the Town’s adopt a bench program and researched asset adoption policies for other jurisdictions, it became clear that adoption of other Town assets may be desirable in the future. As such, the proposed policy was written to address a broad range of potential

ITEM NO. 16.

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SUBJECT: Adopt a Council Policy Titled “Adoption of Assets on Town Owned Property” DATE: February 3, 2026
assets that may be adopted. This policy is intended to address any program where a community member would donate money to the Town in exchange for having a commemorative plaque placed at the adopted location. At this time, staff is only proposing to implement the Adopt a Bench program.

Planters would not be considered part of this policy. Staff will return in the future with a separate policy to address planters as they require the interested party to provide ongoing maintenance to care for the planter rather than a donation of funds.

Adopt-A-Bench History
Throughout 2024 and 2025, staff mapped the location of all benches within Town owned open spaces, in parks, and on streets. Each bench has been geolocated and added to the Town’s asset management system and Geographic Information System (GIS) database. The type of bench has been documented. In the case of adopted benches, the plaque inscription has been recorded. Story maps have been created to allow easy access for the public to see the location of all benches in Town and the location of benches available for adoption.

Staff also reviewed all available records associated with existing adopted benches and conducted outreach to request that anyone who adopted a bench contact Parks and Public Works. The intent is to develop complete records of the adopted benches to the maximum extent possible.

Based on the mapping and record research staff determined that a total of 264 benches exist in the Town of Los Gatos park and streets. Of those, 136 include plaques that suggest the bench was adopted at one time. Of those with plaques, staff was able to get contact information for 43 benches. This leaves 93 benches that contain commemorative plaques, but for which no contact information was located through the Department’s outreach efforts.

Staff worked extensively to locate as many past donors as possible. This included researching town files and using social media and print flyers encouraging people with history in the program to contact us. This outreach was effective at locating some donors. Staff also placed phone calls to donors for whom contact information existed, but who did not respond to other forms of outreach. At this time, staff has exhausted their ability to locate past donors.

DISCUSSION:

Proposed Policy
Staff have developed a draft policy (Attachment 1) to guide future adoption of Town assets.

While the current need is for a policy regarding benches, it is possible this program might be expanded in the future to allow donations to support picnic tables, barbecue pits, and other

ITEM NO. 16.

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SUBJECT: Adopt a Council Policy Titled “Adoption of Assets on Town Owned Property” DATE: February 3, 2026
assets. To accommodate this potential future need, the policy was written to apply more broadly. Future asset types would require Council-adopted fees before implementation.

The proposed policy provides a framework for staff to use in managing adopted assets, whereas no framework had existed before. Important issues that are addressed with this policy include:

1. The location of assets for adoption. The policy allows the Director of Parks and Public Works to identify the location of assets for adoption. In the past, residents interested in adopting benches would dictate the desired location of the bench, creating an uneven distribution of benches throughout the Town.

2. Defining responsibilities of the Town with respect to maintenance. Without a policy, the level of maintenance expected of Town staff was unclear. This has been addressed with this policy.

3. Term of adoption and process for renewals. This policy defines the term of adoption as 10 years and the method by which a donor might extend their adoption period. Without this definition, staff was unclear how to manage adopted assets that reached the end of life, and when the donor might no longer want to invest in the asset.

4. Plaque language for adopted assets. The policy provides four options for language on plaques. This ensures consistency of messaging and avoids any potential inappropriate language from being placed in public spaces.

5. Provides for batch processing of adoptions. The policy calls for staff to process adoption applications on July 1st and January 1st of each year. This will allow plaque ordering and installation of assets to occur in batches, rather than as one-off requests. Staff proposed this change to enhance efficiency in ordering and installing assets.

The draft policy was presented to the Town’s Parks and Sustainability Commission at their meeting of December 1, 2025. The Commission recommended that the draft policy be brought to the Town Council with two changes.

The first recommended change was to allow for unlimited renewal terms. Staff had initially suggested that only one renewal term be provided, limiting the potential length of adoption to 20 years. The Commission recommended that the number of renewal periods be unlimited over the life of the asset and bounded by the useful life of the asset. This change has been incorporated into the policy.

The second change recommended by the Parks and Sustainability Commission was to allow for custom messaging on plaques. This creates a concern that staff would need to carefully monitor and research messages for hidden or nefarious meanings which could lead to potential

ITEM NO. 16.

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SUBJECT: Adopt a Council Policy Titled “Adoption of Assets on Town Owned Property” DATE: February 3, 2026
concerns about free speech infringement. This change has not been incorporated into the policy. If the Town Council would like to pursue this recommendation, staff will need to develop objective criteria for approval of custom messaging and return to the Council with the Policy at a later date.

Future of Past Adopted Benches
As mentioned above, staff was not able to identify the owners of 93 benches with adoption plaques. Available records suggest that these benches were adopted prior to 2015 (after which time Town records are more complete). For these benches, staff will remove the plaques and retain them at the Parks and Public Works offices until June 30, 2027, to allow an opportunity for them to be collected by adopters. After that time, the remaining plaques will be disposed of.

CONCLUSION:

Adoption of the proposed resolution and policy will provide the framework needed for staff to re-initiate the Adopt a Bench program and to implement new adoption programs for other Town assets in the future. If the policy is adopted, staff intends to restart the Adopt a Bench program on July 1, 2026.

COORDINATION:

This staff report has been coordinated with the Town Attorney.

ENVIRONMENTAL ASSESSMENT:

Adoption of an administrative policy does not constitute a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 and 15378(b)(5).

Attachments:

1. Draft Policy “Adoption of Assets on Town Owned Property”

ITEM NO. 16.

COUNCIL POLICY MANUAL
Title: Adoption of Assets on Town Owned Property Policy Number:

Effective Date: 2/3/26 Pages: 4
Enabling Actions: Revised Date:

Approved:

ATTACHMENT 1
Small Town Service Community Stewardship Future Focus

PURPOSE
This policy defines the criteria for adopting assets located in Town owned properties.

SCOPE
This policy may apply to benches, trees, picnic tables, and other assets within town owned spaces for which the Department of Parks and Public Works has developed and established an adoption program and for which the Town Council has adopted a fee. This policy does not apply to the planters in the Downtown area.

With respect to assets identified in the scope of this policy, this policy takes precedence over Policy 2-17 “Solicitations and Donation”; and Resolution No. 1996-133 “Naming of Town Owned Facilities” since these policies do not include specific guidelines to address the amenities contemplated in this policy. This policy governs commemorative amenities and does not modify naming requirements for structures, buildings, or large park features governed by Resolution 1996-133.

DEFINITIONS
For purposes of this Policy, the following definitions apply:

Adoptable Asset: A physical amenity such as a bench, tree, picnic table, or other Townapproved site furnishing.

Adoption Term: The time period during which the plaque and dedication remain in place.

Director: The Director of Parks and Public Works or their designee.

Donor: The individual or family financially sponsoring the installation and plaque recognition.

Life Expectancy of Asset: The useful life of which an asset can serve the public. This shall vary from asset to asset.

Town Owned Spaces: May include parks, streets, sidewalks, or other areas where adoptable assets may exist.

ITEM NO. 16.

Title: Adoption of Assets on Town Owned Property
Page:
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Policy Number:

X-xx
POLICY
The Policy is designed to allow the public to honor people or events in their lives and provide long-lasting beautification to Los Gatos owned spaces. Through this program, any individual, family, business, or community group can provide a donation to adopt assets within a Town park or other Town property. Adoption of assets is permitted only if the Department of Parks and Public Works has mapping of the assets, has identified which assets are available for adoption, and has a prescribed application form available for that amenity.

The Department of Parks and Public Works will accept donations for assets that commemorate or recognize a person, provided that all provisions of this Policy are met.

Recognition is limited to individuals or families with a documented connection to the Town of Los Gatos. No organizations or groups will be considered. Only one asset shall be dedicated to any single person or family, unless there is a compelling reason for additional dedications as shall be determined by the Director of Parks and Public Works or staff designated by the Director.

The Director of Parks and Public Works or staff designated by the Director shall establish a procedure for applying to adopt assets and has the authority to approve or deny any adoption donation.

PROCEDURES
The following procedures shall be followed for the adoption of Town assets identified in this policy.

Assets for Adoption: The Town will identify the location and classes of assets available for adoption. The Town will purchase a standard item (bench, table, etc.) and a plaque to maintain consistency through the park system and to ensure quality. Following installation, all assets will be recorded in the Town’s asset management system software. This will serve to track the installation date and maintenance history of the asset.

Location of Adoptable Assets: Asset locations and adoption status will be available via publicly accessible mapping tools maintained by PPW. Adopted assets will be positioned to maximize their benefit to an area. The number of assets will be limited so as to not interfere with normal use or maintenance operations of the area. The Town reserves the right to limit or prescribe asset locations as determined by the Director of Parks and Public Works. The Town reserves the right to remove any assets that have been damaged and which are, in the view of Town staff, beyond repair. The Town accepts no liability for damages to any asset from vandals or third parties.