TOWN OF LOS GATOS TOWN COUNCIL MEETING DECEMBER 04, … · 2018-11-29 · Page 1 TOWN OF LOS GATOS TOWN COUNCIL MEETING DECEMBER 04, 2018 110 EAST MAIN STREET LOS GATOS, CA PARTICIPATION

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TOWN OF LOS GATOSTOWN COUNCIL MEETING

DECEMBER 04, 2018110 EAST MAIN STREET

LOS GATOS, CA

PARTICIPATION IN THE PUBLIC PROCESS

How to participate: The Town of Los Gatos strongly encourages your active participation in the publicprocess, which is the cornerstone of democracy. If you wish to speak to an item on the agenda,please complete a “speaker’s card” located on the back of the chamber benches and return it to theClerk Administrator. If you wish to speak to an item NOT on the agenda, you may do so during the“Verbal Communications” period. The time allocated to speakers may change to better facilitate theTown Council meeting.

Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of thecommunity in an effective and efficient manner. For the benefit of the community, the Town of LosGatos asks that you follow the Town’s meeting guidelines while attending Town Council meetingsand treat everyone with respect and dignity. This is done by following meeting guidelines set forth inState law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to:addressing the Town Council without first being recognized; interrupting speakers, Town Council orTown staff; continuing to speak after the allotted time has expired; failing to relinquish the podiumwhen directed to do so; and repetitiously addressing the same subject.

Deadlines for Public Comment and Presentations are as follows: Persons wishing to make an audio/visual presentation on any agenda item must submit the

presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00p.m. on the day of the Council meeting.

Persons wishing to submit written comments to be included in the materials provided to TownCouncil must provide the comments as follows:o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meetingo For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meetingo For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting

Steve Leonardis, Mayor Marcia Jensen, Vice Mayor

Rob Rennie, Council Member Marico Sayoc, Council Member

Barbara Spector, Council Member

Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.Rebroadcast of Town Council Meetings on the 2nd and 4th Mondays at 7:00 p.m.

Live & Archived Council Meetings can be viewed by going to:www.losgatosca.gov/Councilvideos

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE

TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]

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TOWN OF LOS GATOSTOWN COUNCIL MEETING

DECEMBER 04, 2018

7:00 PM

MEETING CALLED TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

Community Pledge Leader - Isabella Burlinson, Van Meter Elementary.

CLOSED SESSION REPORT

COUNCIL/TOWN MANAGER REPORTS

CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) (Items appearing on theConsent Calendar are considered routine and may be approved by one motion. Any member of theCouncil or public may request to have an item removed from the Consent Calendar for comment andaction. Unless there are separate discussions and/or actions requested by Council, staff, or a memberof the public, it is requested that items under the Consent Calendar be acted on simultaneously.)

1. Approve Council minutes of November 20, 2018. Staff Report

2. Accept Fiscal Year (FY) 2017/18 Status Report on Receipt and Use of Development Impact Fees. Staff ReportAttachment 1 - FY 2017-18 Annual Status Report on Receipt and Use of Development Impact Fees

3. Hazardous Vegetation Abatement (Weeds)A. Adopt a resolution declaring hazardous vegetation (weeds) a public nuisance and providing fortheir abatement.B. Set January 15, 2019 as the public hearing date for this annual program. Staff ReportAttachment 1 - Resolution Declaring Hazardous Vegetation (Weeds) a Public Nuisance andProviding for their Abatement

4. Review and approve the scope of services for a Request for Proposals (RFP) for a comprehensiveparking study. Staff ReportAttachment 1 - Draft RFP

VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Councilon any matter that is not listed on the agenda. To ensure all agenda items are heard and unlessadditional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no

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more than three (3) minutes per speaker. In the event additional speakers were not able to be heardduring the initial Verbal Communications portion of the agenda, an additional Verbal Communicationswill be opened prior to adjournment.)

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

5. Approve an Amendment to the Employment Agreement between the Town of Los Gatos and theTown Attorney, and authorize salary and benefits budget adjustments in the amount of $10,859from estimates available FY 2018/19 operating revenues. Staff ReportAttachment 1 - Amendment to the Employment Agreement - Town AttorneyAttachment 2 - Salary Schedule Town Council and Management

6. Consider proposed revisions to Council Policy 2-01: Town Agenda Format and Rules. Staff ReportAttachment 1 - Proposed revisions to the Town Agenda Format and Rules Policy (Redline)

PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a totalof ten minutes maximum for opening statements. Members of the public may be allotted up to threeminutes to comment on any public hearing item. Applicants/Appellants and their representatives maybe allotted up to a total of five minutes maximum for closing statements. Itemsrequested/recommended for continuance are subject to Council’s consent at the meeting.)

7. Town Code Amendment Application A-17-002. Project Location: Town Wide. Applicant: Town ofLos GatosConsider amendments to Chapter 6 (Buildings and Building Regulations) and Chapter 29 (ZoningRegulations) of the Town Code regarding fences, hedges, and walls. Fence Ordinance(s),continued from 10/16/18 Staff ReportAttachment 20 - Required FindingsAttachment 21 - Draft Ordinance Amending Town Code Chapter 6 and Chapter 29Attachment 22 - Sight Triangle and Traffi c View Area ExhibitAttachment 23 - Summary of Front Yard Fence Height Regulations of Area JurisdictionsAttachment 24 - Driveway View Area and Front and Street Side Yard Area ExhibitAttachment 25 - Public comments received between 1101 a.m., November 15, 2018 and 1100 a.m.,November 29, 2018

ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Councilvotes for an extension of time)

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Writings related to an item on the Town Council meeting agenda distributed to members of theCouncil within 72 hours of the meeting are available for public inspection at the front desk of theLos Gatos Town Library, located at 100 Villa Avenue, and are also available for review on theofficial Town of Los Gatos website. Copies of desk items distributed to members of the Council atthe meeting are available for review in the Town Council Chambers

Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6;litigation challenging a decision of the Town Council must be brought within 90 days after the

decision is announced unless a shorter time is required by State or Federal law.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT

MEETING DATE: 11/20/2018

ITEM NO: 1

DRAFT MINUTES OF THE TOWN COUNCIL MEETING

NOVEMBER 20, 2018 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, November 20, 2018, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Rob Rennie, Vice Mayor Steve Leonardis, Council Member Marcia Jensen, Council Member Marico Sayoc, Council Member Barbara Spector. Absent: None PLEDGE OF ALLEGIANCE Alyssa Ackalloor led the Pledge of Allegiance. The audience was invited to participate. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Spector stated she attended the Conceptual Development Advisory

Committee (CDAC) meeting and met with community members. - Council Member Sayoc stated she attended the Cities Association Selection Committee

meeting, the Community Emergency Response Team (CERT) graduation as a graduate, the League of California Cities Executive Committee, and the Senior Thanksgiving lunch.

- Mayor Rennie stated he attended the Emergency Area Council, the Valley Transportation Authority Policy Advisory Committee, City Selection Committee of the Cities Association, Silicon Valley Clean Energy Authority (SVCEA) Risk Oversight Committee, SVCEA Board, and Council Policy Committee meetings; he did ribbon cuttings for Jackie O’Boutique and J McLaughlin; and he participated in Poet Laureate interviews.

- Vice Mayor Leonardis stated he attended the Veteran’s Day Parade in San Jose, the West Valley Sanitation District Board of Directors meeting, and the Treatment Plant Advisory Committee meeting.

- Council Member Jensen stated she attended the CDAC meeting and the Council Policy Committee meeting.

Manager Matters - Announced Town administrative offices will be closed Thursday and Friday, November 22

and 23 in observance of the Thanksgiving holiday. - Announced valet parking will begin on November 23. - Announced the Tree lighting at Plaza Park on Friday, November 30, just before 6:00 p.m.

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PAGE 2 OF 3 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF NOVEMBER 20, 2018 NOVEMBER 21, 2018 - Announced the Holiday Parade on Saturday, December 1.

CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Commissioner Interview minutes of November 6, 2018. 2. Approve Council minutes of November 6, 2018. 3. Receive the First Quarter Investment Report (July through September 2018) for Fiscal Year

2018/19. 4. Council consideration of agreements:

A. SVRIA reimbursement B. GTE Mobile Net/Verizon

5. Authorize the Town Manager to purchase one vehicle from National Auto Fleet Group in an amount not to exceed $55,744.

MOTION: Motion by Council Member Jensen to approve the Consent Items. Seconded by

Vice Mayor Leonardis.

VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Larry Maggio, Commander of American Legion Post 99 - Expressed interest in utilizing the Tait Avenue property as a meeting space for Post 99.

Larry Leonardo, State Commander of American Legion - Expressed interest in utilizing the Tait Avenue property as a meeting space for Post 99.

John Forrett, American Legion - Expressed interest in utilizing the Tait Avenue property as a meeting space for Post 99 and

commented on the mission of the American Legion. Karen Delaney - Commented on the expectations of the Mayor as a spokesperson for the Town and the

process for selecting a Mayor. Catherine Somers, Los Gatos Chamber of Commerce Executive Director - Commended the Council for the progress that has been made in the last year with

streamlining approvals for businesses and commented on the Mayoral appointment process.

APPOINTMENT OF MAYOR AND VICE MAYOR Supervisor Wasserman presented a Certificate of Commendation to Mayor Rennie.

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PAGE 3 OF 3 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF NOVEMBER 20, 2018 NOVEMBER 21, 2018 Town Manager Prevetti presented Mayor Rennie with a plaque and introduced a video commemorating his year as Mayor. Mayor Rennie thanked the Council and Town for their support during his year as Mayor, and commented on achievements. MOTION: Motion by Mayor Rennie to appoint Council Member Jensen as Mayor. Motion

failed for lack of a second.

MOTION: Motion by Council Member Jensen to appoint Vice Mayor Leonardis as Mayor. Seconded by Council Member Spector.

VOTE: Motion passed unanimously. Mayor Elect Leonardis - Thanked the Council and the Town for his appointment as Mayor and commented on his

goals and objectives for the coming year. MOTION: Motion by Council Member Sayoc to appoint Council Member Jensen as Vice

Mayor. Seconded by Council Member Spector.

VOTE: Motion passed unanimously. Vice Mayor Elect Jensen - Thanked the Council for the nomination and commented she looks forward to working with

the Council to support the Mayor. Town Clerk Shelley Neis administered the Oath of Office to Mayor Elect Leonardis and Vice Mayor Elect Jensen. Mayor Leonardis thanked all for attending and invited those present to the reception in the Council Chambers Lobby. ADJOURNMENT The meeting adjourned at 8:09 p.m. for a reception. Attest:

_____________________________________

Shelley Neis, Town Clerk

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PREPARED BY: STEPHEN CONWAY Finance Director Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT

MEETING DATE: 12/04/2018

ITEM NO: 2

DATE: NOVEMBER 28, 2018

TO: MAYOR AND TOWN COUNCIL

FROM: LAUREL PREVETTI, TOWN MANAGER

SUBJECT: ACCEPT FISCAL YEAR (FY) 2017/18 STATUS REPORT ON RECEIPT AND USE OF DEVELOPMENT IMPACT FEES

RECOMMENDATION: Accept Fiscal Year (FY) 2017/18 status report on receipt and use of Development Impact Fees. BACKGROUND: To ensure that mitigation fees associated with development are spent in a timely manner and on projects for which they were being collected, the State Legislature passed a bill known as AB 1600 (the Mitigation Fee Act). This bill applies to developer fees which were increased or imposed on or after January 1, 1989. The Mitigation Fee Act (California Government Code, §66000 et seq.) requires local agencies that impose Development Impact Fees to present an annual, consolidated report showing the receipt and use of those fees. The Annual Status Report (Attachment 1) must be reviewed by Council within 180 days after the close of the fiscal year represented. The Town collects three Development Impact Fees that meet the AB 1600 reporting requirement: the Traffic Impact Mitigation Fee, Below-Market Priced Housing Program In-Lieu Fee, and the Construction Activity Impact Fee. Separate balances exist for each of these fees either as individual accounts or in the case of Traffic Impact Mitigation Fees, separate funds. As required by AB 1600, as of June 30, 2018, all accounts or funds with unspent balances have been credited interest revenue at the Town’s current interest rate earned on its total investment portfolio.

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PAGE 2 OF 3 SUBJECT: ACCEPT FISCAL YEAR (FY) 2017/18 STATUS REPORT ON RECEIPT AND USE OF

DEVELOPMENT IMPACT FEES DATE: NOVEMBER,28 2018

S:\COUNCIL REPORTS\2018\12-04-18\FY 17-18 Status Report AB 1600\Staff Report.docx 11/29/2018 11:04 AM SLL

DISCUSSION: AB 1600 requires that a status report be prepared annually which must include the following:

• A brief description of the fee and the fund into which the fee was deposited;

• The amount of the fee;

• The associated fund’s beginning and ending balances for the fiscal year;

• The total amount of fees collected and interest earned;

• Identification of each public improvement on which impact fees were expended and amount of expenditure on each improvement, including the total percentage of the cost of the public improvement that was funded with impact fees;

• Identification of approximate date by which construction of a public improvement will begin;

• Determination that sufficient funds have been collected to complete financing on an incomplete public improvement;

• Description of each inter-fund transfer or loan made from the account or fund, including the public improvement on which the loaned funds will be expended, and in the case of an inter-fund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan; and

• Amount of any refunds made due to inability to expend impact fees once a determination is made that sufficient impact fees have been collected to finance a public improvement, the improvement remains incomplete, and the City has not determined an approximate date by which construction will begin.

This information is presented in the attached FY 2017/18 Annual Status Report on Receipt and Use of Development Impact Fees. CONCLUSION: Staff recommends Council accept the FY 2017/18 Annual Status Report on Receipt and Use of Development Impact Fees as required under the Mitigation Fee Act (AB 1600). COORDINATION: This report was coordinated with the Community Development and Park and Public Works Departments.

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PAGE 3 OF 3 SUBJECT: ACCEPT FISCAL YEAR (FY) 2017/18 STATUS REPORT ON RECEIPT AND USE OF

DEVELOPMENT IMPACT FEES DATE: NOVEMBER,28 2018

S:\COUNCIL REPORTS\2018\12-04-18\FY 17-18 Status Report AB 1600\Staff Report.docx 11/29/2018 11:04 AM SLL

FISCAL IMPACT: There is no fiscal impact from this action.

ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachment: 1. FY 2017/18 Annual Status Report on Receipt and Use of Development Impact Fees.

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ATTACHMENT 1

TOWN OF LOS GATOS ANNUAL STATUS REPORT ON RECEIPT AND USE OF DEVELOPMENT IMPACT FEES

JUNE 30, 2018 Traffic Impact Mitigation Fee: The Traffic Impact Mitigation Fee assures that each new development or expansion of use pays

its fair share of the transportation improvements needed to accommodate the cumulative traffic impacts. The fee, $930 per new average daily trip generated, is paid in full to the Town

Building Department prior to issuance of the building permit for new development or expansion of use. The collected fee is held in the Traffic Mitigation Fee Fund. The Traffic

Mitigation Fund should be used solely to fund transportation improvement projects related to mitigating the impacts of new development. The funds cannot be used for routine repair or

maintenance.

Beginning Cash Balance (07/01/2017) $2,529,932Source of Funds Fees Collected FY 17/18 97,881 Interest Earned FY 17/18 31,945 Total Source of Funds $2,659,758 Use of Funds Capital Outlay: Bike & Pedestrian Improvement $40,972 Crosswalk Improvements 35,775 Crosswalk Lighting Upgrades 5,437 Cut-Thru Traffic Mitigation 23,123 Project Overhead Business Service Charge 10,000 Traffic Signal Modernization 4,200 Total Use of Funds $119,507

Expenses Occurred in FY 2016/17 , Paid in July of FY 2017/18 2,402 Expenses Occurred in FY 2017/18, Paid in July of FY 2018/19 58,450

Ending Cash Balance (07/01/2018) Pre-Final Audit $2,596,299Designated Future Projects: Per FY 18/19 through 22/23 Capital Improvement Plan: Blossom Hill Road/Cherry Avenue Intersection Impvts (FY 2018/19) $500,000 Los Gatos Boulevard/Shannon Improvements (FY 2018/19) 20,000 Monument Control Network Upgrade (FY 2018/19) 10,000 Hwy 9/University Intersection (FY 2018/19) 66,963 Crosswalk Improvements- Santa Cruz/Blosssom Hill (FY 2018/19) 50,000 Crosswalk Lighting Upgrade (FY 2018/19) 50,000 Traffic Signal Modernization (FY 2018/19- FY 2020/21) 1,095,714 Bicycle & Pedestrian Improvements (FY 2018/19) 75,000 Cut-Through Traffic Mitigation (FY 2018/19) 119,894 Highway 17 Bicycle & Ped Bridge (FY 2018/19) 147,005 Total CIP and Operating Budget Commitments 2,134,576 Potential Project List (Estimates Only) per Unfunded List (Additional Unfunded Projects are Located in the Operating Budget) Los Gatos- Almaden Road Improvements (Future Project - Pending Funding) 1,500,000 Los Gatos Blvd Widening , New Sidewalks, and Bike Lanes (Future Project - Pending Funding) 2,000,000

Wood Road Gateway on Santa Cruz Avenue - Roundabout 600,000 Los Gatos-Saratoga Road (Highway 9)/Los Gatos Creek Trail Connection - New path and bridge 500,000 Sidewalk infi l l - Van Meter, Fisher, & Blossom Hill Schools 500,000 Westbound Lark Avenue to Highway 17 northbound ramps 3,375,000 Lark Avenue/Los Gatos Boulevard intersection improvements - add third left turn lanes 1,080,000 Complete Street improvements - Lark Avenue from Garden Hil l Drive to Los Gatos Boulevard 1,050,000 Complete Street improvements - Highway 9 from University Avenue to Los Gatos Boulevard 325,000 Complete Street improvements - Winchester Boulevard from Blossom Hill Road to Lark Avenue 750,000

Total Potential Project List 11,680,000

Total Designated and Unfunded Projects 13,814,576

Current Funding Shortfall ($11,218,277)

TRAFFIC IMPACT MITIGATION FEES FUND

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TOWN OF LOS GATOS ANNUAL STATUS REPORT ON RECEIPT AND USE OF DEVELOPMENT IMPACT FEES

JUNE 30, 2018 (Continued)

Construction Impact Activity Fee: Construction Impact Activity Fee is assessed on construction projects based on the square foot size of the project at a rate of $1.17 per square foot. These fees are intended to recover the damage caused to Town streets by construction traffic. The collected fee is held in the General Fund Appropriated Reserves.

Beginning Cash Balance (07/01/2017) $0Source of Funds Fees Collected FY 17/18 204,391 Interest Earned FY 17/18 (Funds expended upon receipt) - Total Source of Funds $204,391Use of Funds Business Services Charge Capital Outlay: Street Repair and Resurfacing Project FY 17/18 $27,496Total Use of Funds $27,496

Ending Cash Balance (7/01/2018) Pre-Final Audit $176,895Designated Future Projects Per FY 18/19 through FY 22/23 Capital Improvement Plan: Street Repair and Resurfacing Project $7,380,275

Total Designated Future Projects $7,380,275

Current Funding Shortfall ($7,203,380)

CONSTRUCTION IMPACT ACTIVITY FEE

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TOWN OF LOS GATOS ANNUAL STATUS REPORT ON RECEIPT AND USE OF DEVELOPMENT IMPACT FEES

JUNE 30, 2018 (Continued)

Below-Market Priced (BMP) Housing Program In-Lieu Fee: BMP In-Lieu Fees are collected from residential development projects with five (5) or more units when the construction of the BMP unit is impractical or there are unusual circumstances that make the construction of the unit inconsistent with Town policy. The required in-lieu fee is to be paid to the Town prior to issuance of the certificate of occupancy. The BMP In-Lieu Fee is equal to the amount of six (6) percent of the building permit valuation for the entire project. The collected fees are held in the General Fund BMP Housing liability account and are restricted to be used solely for BMP Housing Program activities.

Beginning Cash Balance (07/01/2017) $3,498,620Source of Funds Fees Collected FY 17/18 $185,247 Interest Earned FY 17/18 43,719 Total Source of Funds $3,727,586Use of Funds Staff Administration 23,000 Total Use of Funds $23,000

Ending Cash Balance (7/01/2018) Pre-Final Audit $3,704,586Potential Future Projects Low and Moderate Income Housing (Future Project - Pending Funding) $3,000,000 Reacquisition of Distressed/Foreclosed Properties (Future Project - Pending Funding) 600,000 Hello House Program Services (Future Project - Pending Funding -5 Year Total) 1,200,000

Total Potential Future Projects $4,800,000

Current Funding Shortfall ($1,095,414)

BELOW-MARKET PRICED HOUSING PROGRAM IN-LIEU FEES

Other Required Disclosures: As required by law, no inter-fund (loans/transfers) were made doing the reporting period and no refund were necessary as all fees collected have a current funding short fall status as presented in the Annual Status Report.

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PREPARED BY: MATT MORLEY Director of Parks and Public Works Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director

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

www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT

MEETING DATE: 12/04/2018

ITEM NO: 3

DATE: NOVEMBER 29, 2018 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS)

A. ADOPT A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT.

B. SET JANUARY 15, 2019 AS THE PUBLIC HEARING DATE FOR THIS ANNUAL PROGRAM.

RECOMMENDATION: After opening and closing the public hearing, staff recommends that the Town Council consider: 1. Adopting a resolution (Attachment 1) declaring hazardous vegetation (weeds) a public

nuisance and providing for their abatement. 2. Setting January 15, 2019 as the public hearing date for this annual program. BACKGROUND: Hazardous vegetation (weeds) pose a fire threat during the summer months and it is the individual property owner’s responsibility to control them. To eliminate hazardous vegetation (weeds), the Town adopted a Hazardous Vegetation (Weed) Abatement Program (Town Code Chapter 11, Article II). Since 1978, the Town’s Hazardous Vegetation Abatement of Weeds Program has been administered through a contract with Santa Clara County. The County’s Department of Agriculture and Environmental Management (Weed Abatement Division) identifies properties in Los Gatos with hazardous vegetation and/or weeds and notifies the property owners. The property owners are given a specific timeline to remove the vegetation, and if they do not, a contractor selected by the County removes the vegetation. The cost for the abatement is then passed on to the owner as an assessment on their property tax bill.

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PAGE 2 OF 3 SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS) NOVEMBER 29, 2018

C:\Users\cgonzales\Desktop\Staff Report.docx 11/29/2018 12:02 PM SH

DISCUSSION: Parcels throughout the Town that represent a potential hazard due to weeds or combustible materials have been added to a Weed Abatement Program list maintained by the County. The attached resolution represents the first step in the Town of Los Gatos’ Hazardous Vegetation Abatement Program process and declares the vegetation or debris on these properties as being a potential hazard and public nuisance. A public hearing will be held on January 15, 2019 for the Council to consider the Weed Abatement Program Commencement Report and order the abatement of hazardous vegetation for the listed parcels. A schedule of the upcoming Weed Abatement Program is as follows: November 2018 The Santa Clara County Department of Agriculture and Environmental

Management prepares a list of properties requiring abatement. December 4, 2018 Town Council passes a Resolution (Attachment 1) declaring hazardous

vegetation (weeds) a nuisance and sets a public hearing for January 15, 2019.

December 7, 2018 The Santa Clara County Department of Agriculture and Environmental

Management sends property owners a notice to abate weeds and of the time and place of the January 15, 2019 public hearing.

December 2018 Town Clerk submits a legal publication to the Los Gatos Weekly to

advertise for the January 15, 2019 public hearing. January 15, 2019 Public Hearing - Town Council conducts a public hearing and considers

the Weed Abatement Program Commencement Report and orders abatement of hazardous vegetation (weeds).

April 2019 Department of Agriculture and Environmental Management begins to

inspect Los Gatos properties. Properties which have not been cleared of hazardous vegetation will be abated by a contractor for the Department of Agriculture and Environmental Management for an additional fee.

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PAGE 3 OF 3 SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS) NOVEMBER 29, 2018

C:\Users\cgonzales\Desktop\Staff Report.docx 11/29/2018 12:02 PM SH

DISCUSSION (continued): June 2019 Town Clerk submits a legal publication to the Los Gatos Weekly to

advertise for the August 6, 2019 public hearing. August 6, 2019 Town Council conducts a public hearing to consider the 2019 Weed

Abatement Program Assessment Report and adopts a resolution to confirm the report and authorize collection of the assessment charges.

August 7, 2019 Town Clerk files a confirmed report of parcel charges to the County Office

of the Assessor to enter on the County tax roll as a special assessment. CONCLUSION: After opening and closing the public hearing, staff recommends that the Town Council consider: 1. Adopting a resolution (Attachment 1) declaring hazardous vegetation (weeds) a public

nuisance and providing for their abatement. 2. Setting January 15, 2019 as the public hearing date for this annual program. 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. Funds are provided in the FY 2018/19 Operating Budget to cover the cost of publishing all required legal notices. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachment: 1. Resolution Declaring Hazardous Vegetation (Weeds) a Public Nuisance and Providing for

their Abatement Distribution: Moe Kumre, Manager, Consumer and Environmental Protection Agency, County of Santa Clara, 1553 Berger Drive, San Jose, CA 95112

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1 of 2 Resolution 2018 - December 4, 2018

ATTACHMENT 1

RESOLUTION 2018-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

DECLARING HAZARDOUS VEGETATION (WEEDS) A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT

WHEREAS, Section 39501 and Section 39502 of the Government Code of the State of

California authorize 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 his expense, making the cost thereof a lien upon such

property; and

WHEREAS, the Town of Los Gatos, by ordinance, has adopted such a procedure, codified

in Chapter 11, Article 2, 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 private property within the Town of Los Gatos, and declares that all hazardous

vegetation (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 hazardous vegetation (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 his representative, whichever time shall be later, as

provided in Chapter 11, Article 2, 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 hazardous vegetation (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.

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2 of 2 Resolution 2018 - December 4, 2018

ATTACHMENT 1

BE IT FURTHER RESOLVED that the Director shall execute a "Notice to Destroy

Hazardous Vegetation (Weeds)" in the form set forth in Section 11.20.020(b) and shall cause

same to be published and posted in the manner prescribed by Section 11.20.020(c).

BE IT FURTHER RESOLVED that on the 15th day of January, 2019, 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, 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

hazardous vegetation (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 4th day of December 2018 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: __________________

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PREPARED BY: MATT MORLEY Director of Parks and Public Works Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director

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

www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT

MEETING DATE: 12/04/2018

ITEM NO: 4

DATE: NOVEMBER 29, 2018 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: REVIEW AND APPROVE THE SCOPE OF SERVICES FOR A REQUEST FOR

PROPOSALS FOR A COMPREHENSIVE PARKING STUDY

RECOMMENDATION: Staff recommends that the Town Council review and approve the scope of services for a Request for Proposals (RFP) for a comprehensive parking study. BACKGROUND: The Town budgeted funds in the Fiscal Year 2018-19 Capital Improvement Program Budget to conduct a study of parking in the downtown. This work will be conducted by a professional consulting company with experience in the field and selected through an RFP process. A RFP provides project information to prospective consultants specific to the Town’s concerns, issues, and experiences and asks the consultants to prepare proposals that respond to the Town’s request. The successful consultant would demonstrate how it would analyze the situation and provide options to the Town that align with the Town’s needs and with industry best practices. DISCUSSION: Town staff has developed a draft scope of services for the parking study (see Attachment 1 for the draft RFP). As a basis for the study, staff has identified six parking program goals:

1. Provide a customer friendly experience 2. Optimize utilization 3. Maintain the small-town charm 4. Achieve a park once solution 5. Support an economically vibrant downtown 6. Achieve a balance between residential and non-residential parking needs

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PROPOSALS FOR A COMPREHENSIVE PARKING STUDY NOVEMBER 29, 2018

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DISCUSSION (continued): The study area includes the typical downtown parking areas including overlaps with residential permit parking. Public and private parking are included as both contribute to the parking supply. In addition, the study includes the area around Los Gatos High School where students park on residential streets. The study scope includes significant outreach to downtown business, shoppers, residents, the high school, and other stakeholders. In addition to extensive outreach, the study is required to incorporate data gathering through parking counts, surveys, and observation of behavior. The RFP document identifies the key priorities for the Town with support documentation provided on a dedicated web page: https://www.losgatosca.gov/parkingstudy. Acknowledging that through a proposal process a consultant will not be able to invest resources to fully understand the variables in the Town, the RFP structure initially focuses on the evaluative element of each consulting firm’s knowledge and expertise, and the team they provide for the Town’s project. Staff will then assess each firm and target one or two for more in-depth scope development. This process will ensure that the ultimate consultant has an accurate understanding of the Town’s needs. Once the scope has been developed, staff will work through the costing of the final proposals based on estimated hours for each task within the scope. This iterative process is intended to align the scope with the study cost. Staff will return to the Town Council for approval of the final scope and contract with the recommended consulting firm. During the detailed discussion on scope with the consultants, staff anticipates ensuring a number of specific areas are included in the final proposals and will provide background information where the Town has had recent discussions. Areas of focus include:

• Time Limits

• Paid Parking

• High School Residential Parking

• High School Permit Parking on Town Streets

• Residential Permits

• Parking Garage

• Supply of Parking

• Distribution of Parking

• Downtown Employee Parking

• Angled Parking

• Funding Additional Parking The completed study will result in a series of recommendations with options and a discussion of the opportunities and costs associated with each. This study is set up not to prescribe any particular outcome, but rather as a comprehensive opportunity to evaluate the Town’s needs,

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PROPOSALS FOR A COMPREHENSIVE PARKING STUDY NOVEMBER 29, 2018

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DISCUSSION (continued): to evaluate ideas previously explored, and to make recommendations that provide options for the future. CONCLUSION: The review of the RFP provides an opportunity for the Town Council to shape the included elements, including the six goals and the areas of focus. Staff anticipates releasing the RFP in December, Council would award the consultant contract in March, and the study period would end in September. COORDINATION:

The Transportation and Parking Commission reviewed the RFP and provided input at its November meeting. FISCAL IMPACT: Funding for the comprehensive parking study is included in the 2018-19 Capital Improvement Program Budget. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachment: 1. Draft RFP

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TOWN OF LOS GATOS DEPARTMENT OF PARKS AND PUBLIC WORKS 41 MILES AVENUE, LOS GATOS, CA 95030

REQUEST FOR PROPOSALS

Comprehensive Downtown Parking Analysis

PROPOSAL SUBMITTAL DEADLINE:

DATE: January 31, 2019

TIME: 1:00 pm

Submit by email to: [email protected]

ATTACHMENT 1

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RFP – Parking Study – Los Gatos Page 2

REQUEST FOR PROPOSALS

1. INTRODUCTION The Town of Los Gatos is issuing this RFP for a comprehensive study of the Town’s Downtown Parking. The study will include a full review of existing conditions, past parking discussions and policies, outreach to stakeholders, data collection and analysis, and suggested strategies for managing parking in the future. The Town has the following goals for downtown parking:

Provide a customer friendly experience; Optimize utilization; Maintain the small-town charm; Achieve a park once solution; and Support an economically vibrant downtown.

2. ATTACHMENTS

The attachments below are included with this RFP.

Attachment A – Project Background and Project Components Attachment B – Town of Los Gatos Standard Agreement

3. INSTRUCTIONS TO PROPOSERS

3.1 Pre-proposal Conference: None

3.2 Examination of Proposal Documents.

The submission of a proposal shall be deemed a representation and certification by the Proposer that they: 3.2.1 Have carefully read and fully understand the information that was provided

by the Town to serve as the basis for submission of this proposal. 3.2.2 Have the capability to successfully undertake and complete the

responsibilities and obligations of the proposal being submitted. 3.2.3 Represent that all information contained in the proposal is true and correct. 3.2.4 Did not, in any way, collude, conspire to agree, directly or indirectly, with

any person, firm, corporation or other Proposer in regard to the amount, terms or conditions of this proposal.

3.2.5 Acknowledge that the Town has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, and Proposer hereby grants the Town permission to make these inquiries, and to provide any and all related documentation in a timely manner.

3.3 No request for modification of the proposal shall be considered after its submission on grounds that Proposer was not fully informed of any fact or condition.

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RFP – Parking Study – Los Gatos Page 3

3.4 Questions Any questions by the Proposer regarding this RFP or the attachments must be put in writing and received by the Town no later than 5:00 p.m. on January 17, 2019. Correspondence shall be addressed to: Matt Morley E-mail: [email protected] The Town shall not be responsible for nor be bound by any oral instructions, interpretations, or explanations issued by the Town or its representatives. Responses from the Town to questions by any Proposer will be communicated in writing to all recipients of this RFP. Questions received after the date and time stated above will not be accepted or responded.

3.5 Addenda Any addenda issued by Town shall be in writing, shall become a part of this RFP, and shall be acknowledged and responded to by Proposer.

3.6 Submittal of Proposals Proposals should be in electronic format. Printed copies are optional. All proposals shall be submitted to:

Matt Morley Department of Parks and Public Works 41 Miles Avenue Los Gatos, CA 95030 E-mail: [email protected]

Proposals must be delivered no later than 1:00 pm on January 31, 2019. All proposals received after that time will not be accepted.

The Proposer shall submit its proposal via email as a PDF attachment with the email subject line: Comprehensive Downtown Parking Study. Verification of receipt of proposal is the responsibility of the submitting firm.

3.7 Withdrawal of Proposals A Proposer may withdraw its proposal at any time before the expiration of the time for submittal of proposals as provided in the RFP by delivering a written request for withdrawal signed by, or on behalf of, the Proposer.

4. RIGHTS OF THE TOWN OF LOS GATOS

This RFP does not commit the Town to enter into a contract, nor does it obligate the Town to pay for any costs incurred in preparation and submittal of proposals or in anticipation of a contract. The Town reserves the right to: ▪ Make the selection based on its sole discretion; ▪ Reject any and all proposals;

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RFP – Parking Study – Los Gatos Page 4

▪ Issue subsequent Requests for Proposals; ▪ Postpone opening proposals for its own convenience; ▪ Remedy errors in the Request for Proposals process; ▪ Approve or disapprove the use of particular subconsultants; ▪ Negotiate with any, all or none of the Proposers regarding project scope; ▪ Accept other than the lowest cost offer; ▪ Waive informalities and irregularities in the Proposals; and/or ▪ Enter into an agreement with another Proposer in the event the originally selected

Proposer defaults or fails to execute an agreement with the Town.

An agreement shall not be binding or valid with the Town unless and until it is executed by authorized representatives of the Town and of the Proposer.

5. RFP TIMELINE

The Town intends to select a firm within thirty days following the submission deadline. The Town may, at its own discretion, conduct interviews and other evaluations of some, all, or none of the applicants prior to selection. The Town will select the firm that best meets the needs of the Town. RFP and Implementation Schedule (Tentative):

Public release of Request for Proposal December 11, 2018 Questions from Proposer January 18, 2019 by 5:00 pmDeadline for Proposal Submittals January 31, 2019 by 1:00 p.m.Interview (if required) February 18-22Selection of top rated firms for scope refinement February 26, 2019 Notice of Award (approximate) March 5, 2019Council Approval of Contract (tentative) March 19, 2019 Notice to Proceed March 21, 2019Complete Analysis and Reporting September 30, 2019

6. INFORMATION TO BE SUBMITTED

These guidelines govern the format and content of the proposal. The intent of the RFP is to encourage responses that clearly communicate the Proposer’s understanding of the Town’s requirements and the firm’s ability to meet those requirements. In addition to the items included within this RFP, including Attachments A and B, the proposal should include the following information referenced by letter for ease of identification:

A. Details of the firm’s experience and qualifications, including any unique

qualifications of the firm. B. Examples of projects with similar scope for similar size jurisdictions, including

reference contacts. C. Resumes and other relevant information specific to the project team.

C-1. Identify the project lead and the percentage of time the Town can expect to

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RFP – Parking Study – Los Gatos Page 5

interact with each team member. C-2. Provide links to presentations to governing bodies by the project lead and the project team.

D. Provide details on the approach to the project study incorporating: D-1. Historical information provided on the Town’s website: www.losgatosca.gov/parkingstudy D-2. Information provided in Attachment A – Project Background and Project Components D-3. Other information to support evaluation of the RFP response per Section 7 below.

E. Provide a project schedule in a Gantt chart format. E-1. The first day shall be the notice to proceed date and noted as Day 1 on the schedule. E-2. Include all milestones. E-3. Clearly identify critical path elements. E-4. Include recommendations for formal progress reports to staff, the Town’s Transportation and Parking Commission, and the Town Council.

F. Identify any exceptions taken to Attachment B – Standard Agreement, per Item 8 below.

G. Provide your firm’s rate sheet that would apply to this project. H. Additional supporting documentation as the proposer’s discretion.

7. Evaluation Criteria

In making the award, the Town will apply the following evaluation criteria: Completeness and quality of the proposal. Demonstrated understanding of the project. Technical approach to the project. Outreach and engagement plan. Experience of the project team. Completion of similar projects. Cost proposal (to be submitted later). The top-rated firm(s) will meet with Town staff to discuss and develop a final scope of services. The consultant firms will have seven days to provide project costs. The cost proposal shall include all labor costs, overhead costs, sub-consultant costs, and an itemized list for estimated direct expenses. Costs must be shown in a matrix format, by task grouping (as negotiated), and show hours per staff member, base labor rates, and overhead and profit rates. Upon receipt of the cost proposal, the Town will enter final negotiations with the top-rated consulting firm. If the Town is unable to reach agreement with the top rated firm, the Town may choose to negotiate with additional firms.

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RFP – Parking Study – Los Gatos Page 6

8. CONTRACT TYPE AND METHOD OF PAYMENT It is anticipated that the agreement resulting from this RFP, if awarded, will be an Agreement for Services. Proposers shall be prepared to accept the terms and conditions of the Agreement, including Insurance Requirements. If a Proposer desires to take exception to the Agreement, Proposer shall provide the following information of their submittal package. ▪ Proposer shall clearly identify each proposed change to the Agreement, including all

relevant Attachments. ▪ Proposer shall furnish the reasons for each proposed change, as well as specific

recommendations for alternative language.

The above factors will be taken into account in evaluating proposals. The Town pays net 30 days of invoice for work performed.

9. INSURANCE REQUIREMENTS The selected Proposer(s), at Proposer’s sole cost and expense and for the full term of the agreement or any extension thereof, shall obtain and maintain, at a minimum, all of the insurance requirements as outlined in the Town Standard Agreement. All policies, endorsements, certificates and/or binders shall be subject to the approval of the Town of Los Gatos as to form and content. These requirements are subject to amendment or waiver, if so approved in writing by the Town of Los Gatos. The selected Proposer agrees to provide the Town with a copy of said policies, certificates and/or endorsement upon award of Agreement.

10. PUBLIC NATURE OF PROPOSAL MATERIAL

Responses to this RFP become the exclusive property of the Town of Los Gatos. At such time as the Town awards a contract, all proposals received in response to this RFP become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The Town shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary,” or if disclosure, in the Town’s sole discretion, is required under the California Public Records Act as addressed below. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the Town of Los Gatos may determine, in its sole discretion that the information that a Proposer submits is not a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” the Town shall provide the Proposer who submitted the information reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction, at the Proposer's sole expense.

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RFP – Parking Study – Los Gatos Page 7

11. COLLUSION By submitting a proposal, each Proposer represents and warrants that its proposal is genuine and made in the interest of or on behalf of any person named therein; that the Proposer has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal.

12. DISQUALIFICATION

Factors, such as, but not limited to, any of the following, may disqualify a proposal without further consideration: ▪ Evidence of collusion, directly or indirectly, among Proposers in regard to the amount,

terms or conditions of this proposal; ▪ Any attempt to improperly influence any member of the evaluation team; ▪ Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and

the Town; ▪ Evidence of incorrect information submitted as part of the proposal; ▪ Evidence of Proposer’s inability to successfully complete the responsibilities and

obligations of the proposal; and ▪ Proposer’s default under any previous agreement with the Town.

13. NON-CONFORMING PROPOSAL

A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the Town.

14. GRATUITIES

No person shall offer, give or agree to give any Town employee any gratuity, discount or offer of employment in connection with the award of contract by the Town. No Town employee shall solicit, demand, accept or agree to accept from any other person a gratuity, discount or offer of employment in connection with a Town contract.

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RFP – Parking Study – Los Gatos  Attachment A  Page A‐1  

DowntownParkingRFP‐ProjectBackgroundandProjectComponents

Background Downtown Los Gatos is a regional destination for shopping, dining, and recreation.  These elements, combined with a high school that is geographically relevant to the downtown, have created an ongoing discussion on parking needs.  Public parking in downtown is free to the public and managed through varied time limits which are enforced by Parking Control Officers.  In the past the Town has added parking capacity, conducted studies, explored additional parking supply expansion, modified parking time limits, and implemented residential parking permits.  Documentation reflecting some of the work the Town has conducted in the past is available at:  www.losgatosca.gov/parkingstudy  StudyGoals

The Town has the following goals for downtown parking: 1. Provide a customer friendly experience 2. Optimize utilization 3. Maintain the small‐town charm 4. Achieve a park once solution 5. Support an economically vibrant downtown 6. Achieve a balance between residential and non‐residential parking needs  

 The study should conduct a data driven analysis, utilizing the results from that data in the creation of recommendations for implementation in the short, medium, and long‐term time horizons.  The Town anticipates including the following sections in the analysis.  The descriptions provided here are introductory in nature and not in priority order.  High School Area Parking – Los Gatos High School provides education to grades 9‐12 and is an open campus.  The High School issues parking permits for the available on‐site parking spaces.  For a number of potential reasons, students park both on campus and in adjacent neighborhoods.  This has led to incremental expansion of the Town’s residential permit parking program.  The high school parking area is identified in the attached map, although parking has spilled to the central downtown area.  The study should examine and provide recommendations for the high school area parking both with and without support from the high school, including potential impacts any changes may have on the overall parking outlook.  Civic Center Area Parking – This area joins the high school area with the rest of the downtown and begins the business parking areas.  The study should consider available public and reserved parking as well as employee parking in the area.  

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RFP – Parking Study – Los Gatos  Attachment A  Page A‐2  

Downtown Area Parking – This area begins at the Main Street bridge and carries along University Avenue and Santa Cruz Avenue from the southern Town limits to Highway 9.  Parking is managed through time limits with the heaviest demand spaces restricted with two‐hour time limits and the lower demand areas having unlimited time.  Several remote lots, including Miles Avenue and the North lot provide capacity intended for all day parking.  One Way Street Pilot – The Town plans on implementing a one‐way street pilot during the summer of 2019 for a period of four months.  This pilot may change the parking dynamic.  Before and after information should be included in the analysis.  Permit Parking Areas – The Town has instituted on‐street permit parking in some residential area, near the high school, and in limited parts of the commercial area.  The study should review and make recommendations on this program.    Enforcement – Downtown Parking is managed through the Town’s Parking Control Officers, who report to the Police Department.  Citations for parking infractions, including time limit violations, parking in multiple spaces, illegal parking, etc. bring revenue to the Town but that revenue is not necessarily a factor that will influence decisions.  Parking Data – The Town, through its Transportation and Parking Commission, has conducted data counts on several occasions.  Data counts targeted Tuesday, Thursday, Friday, and Saturday at three time intervals – 10 a.m.; noon; and 2 p.m.  Staff anticipates expanding the counts through this study and anticipates the consultants will make recommendations on the quantity and timing of the additional data counts for public and private parking.  Observed and Surveyed Parking Behavior – With the combination of high school, business, recreational, and employee parking dynamics, the study should include an observed and surveyed analysis of users and stakeholders.  Provide information on how your team would survey stakeholders and what can be learned through observation.  Opportunities for Change – Provide study analysis on changes the Town can make to current parking management on a block by block basis.  Include location specific details, program geographic limits, feasibility, and rate, revenue, and cost estimates, etc.  Areas for change include paid parking, changes in time limits, changes in supply, changes in parking permit programs, etc.  Consider revenue and financing needs for implementation.  Include stakeholder input in the analysis.  Conclusion Through the analysis, the Town anticipates a comprehensive report that provides a complete discussion of inter‐related parking dynamics.  The report should review input based on collected data and stakeholder input, using that input to identify issues that the Town needs to address and potential recommendations for Town consideration.  The analysis should include an understanding of current efforts and concerns, and must provide actionable 

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recommendations/changes with a pros and cons analysis for short, medium, and long‐term implementation timeframes.  Where capital investments are a part of the recommendation, those investment costs should be included.    

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RFP – Parking Study – Los Gatos Attachment B Page B-1      

AGREEMENTFORCONSULTANTSERVICES THIS AGREEMENT is made and entered into on  ______________(DATE) by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and ___________________ NAME OF COMPANY, (“Consultant”), whose address is _____________ ADDRESS OF COMPANY.  This Agreement is made with reference to the following facts.              

I.  RECITALS  1.1  The Town desire to engage Consultant to provide BRIEF DESCRIPTION OF SERVICES TO BE 

PERFORMED.  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 NAME OF 

DOCUMENT  (EX:  ENGAGEMENT  LETTER,  PROPOSAL,  ETC.)  sent  to  the  Town  on  DATE DOCUMENT SENT, which is hereby incorporated by reference and attached as Exhibit A.  IF NO DOCUMENT DESCRIBES SERVICES, then  INSERT DESCRIPTION OF WHAT CONSULTANT WILL BE DOING HERE. 

 2.2  Term  and  Time  of  Performance.    This  contract  will  remain  in  effect  from  _____  to 

________.   Consultant shall perform the services described  in this agreement as  follows: ENTER DESCRIPTION OF SERVICE SCHEDULE. 

 2.3  Compliance  with  Laws.    The  Consultant  shall  comply  with  all  applicable  laws,  codes, 

ordinances,  and  regulations  of  governing  federal,  state  and  local  laws.    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 

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RFP – Parking Study – Los Gatos Attachment B Page B-1      

Town’s property and shall be delivered to the Town 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 the 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 

$AMOUNT,  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.  

      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 

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RFP – Parking Study – Los Gatos Attachment B Page B-1      

and not an agent or employee of the Town.  As an independent contractor he/she shall not obtain  any  rights  to  retirement  benefits  or  other  benefits  which  accrue  to  Town employee(s).   With prior written consent,  the 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 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:    one million  dollars  ($1,000,000)  combined  single limit per occurrence for bodily injury, personal injury and property damage. 

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RFP – Parking Study – Los Gatos Attachment B Page B-1      

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. 

 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. 

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RFP – Parking Study – Los Gatos Attachment B Page B-1      

 3.3  Workers’ Compensation.  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.  

 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:    

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RFP – Parking Study – Los Gatos Attachment B Page B-1      

Town of Los Gatos Attn:  Town Clerk 110 E. Main Street Los Gatos, CA  95030 

CONSULTANT NAME  Attn:   ADDRESS HERE

 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. 

IN  WITNESS  WHEREOF,  the  Town  and  Consultant  have  executed  this  Agreement.   Town of Los Gatos by:              

Laurel Prevetti, Town Manager                  Recommended by:   

Department Head  

 Consultant, by:    

Title 

 Approved as to Form:   

 Robert Schultz, Town Attorney    

37

PREPARED BY: LISA VELASCO Human Resources Director

Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director

110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT

MEETING DATE: 12/04/2018

ITEM NO: 5

DATE: NOVEMBER 29, 2018

TO: MAYOR AND TOWN COUNCIL

FROM: LAUREL PREVETTI, TOWN MANAGER

SUBJECT: APPROVE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE TOWN ATTORNEY, AND AUTHORIZE SALARY AND BENEFITS BUDGET ADJUSTMENTS IN THE AMOUNT OF $10,859 FROM ESTIMATES AVAILABLE FY 2018/19 OPERATING REVENUES

RECOMMENDATION:

Approve an amendment to the Employment Agreement (Attachment 1) between the Town of Los Gatos and the Town Attorney, and authorize salary and benefits budget adjustments in the amount of $10,859 from estimates available FY 2018/19 operating revenues. BACKGROUND:

As an appointee of the Town Council, the Town Attorney is employed under an Employment Agreement specifying the terms and conditions of employment. The terms and conditions of employment 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 Attorney’s performance and compensation is reviewed annually in conjunction with a performance evaluation. The review

38

PAGE 2 OF 2 SUBJECT: APPROVE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN

THE TOWN OF LOS GATOS AND THE TOWN ATTORNEY, AND AUTHORIZE SALARY AND BENEFITS BUDGET ADJUSTMENTS IN THE AMOUNT OF $10,859 FROM ESTIMATES AVAILABLE FY 2018/19 OPERATING REVENUES

DATE: NOVEMBER 29, 2018

S:\COUNCIL REPORTS\2018\12-04-18\TA Agreement\Staff Report.docx 11/29/2018 1:14 PM LV

DISCUSSION (continued):

of the Employment Agreement is conducted to ensure legal compliance and to provide for any adjustments in the terms and conditions of employment. In accordance with the agreement terms for Town Attorney Robert Schultz, the Town Council completed the evaluation for his fifth year in the position, from December 2017 through December 2018. CONCLUSION:

Based upon the satisfactory completion of the performance review in closed session, it is recommended that the Town Attorney’s annual base salary increase to $225,000 effective in the pay period that includes the anniversary date of December 12, 2018. In addition, it is recommended that the Town Attorney receive a one-time lump sum performance bonus of $3,225.00. 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 2018/19 is $10,859. The requested budget adjustment in the amount of $10,859 from estimated available FY 2018/19 operating revenues will provide funding for the additional salary and benefit cost for FY 2018/19. Funding to support the FY 2019/20 ongoing cost each year will be incorporated into the proposed future year budgets for Council approval. ENVIRONMENTAL ASSESSMENT:

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

Attachments: 1. Amendment to the Employment Agreement – Town Attorney 2. Salary Schedule Town Council and Management

39

FIFTH AMENDMENT TO THE TOWN ATTORNEY EMPLOYMENT AGREEMENT

This Amendment to Town Agreement AGR13-180 is entered into this 4th day of December, 2018, by and between

the Town of Los Gatos, a municipal corporation ("TOWN") and Robert Schultz ("EMPLOYEE" ).

RECITALS:

WHEREAS, Town and Robert Schultz executed an Agreement effective December 12, 2013 to provide

Town Attorney services to the Town;

WHEREAS, a First Amendment to the Agreement was executed on December 17, 2015 to amend the

employment agreement to award a 2% wage increase to the annual base salary, effective with the Town Attorney' s

anniversary date of December 12, 2014 and a lump sum performance bonus of $2,000; and

WHEREAS, a Second Amendment to the Agreement was executed on January 19, 2016 to amend the

employment agreement to award a 5% wage increase to the annual base salary, effective with the Town Attorney's

anniversary date of December 12, 2015 and a lump sum performance bonus of $5,000; and

WHEREAS, a Third Amendment to the Agreement was executed on February 7, 2017 to amend the

employment agreement to award a 2.5% wage increase to the annual base salary, effective with the Town

Attorney's anniversary date of December 12, 2016, a lump sum performance bonus of $2,500, and transfer the

$350 per month ($4,200 annually) car allowance to annual base salary; and

WHEREAS, a Fourth Amendment to the Agreement was executed on January 16, 2018 to amend the

employment agreement to award a $7,607 wage increase to the annual base salary, effective January 16, 2018, and

a one-time a lump sum performance bonus of $3,000; and

WHEREAS, on the basis of the annual evaluation, the Town Council desires to amend the employment

agreement to award a $10,000 wage increase to the annual base salary, effective with the Town Attorney’s

anniversary date of December 12, 2018, and a one-time lump sum performance bonus of $3,225; and

IT IS THEREFORE AGREED by the parties as follows: Section 4 of the

Agreement is amended to read as follows:

4. Compensation

(a) Base Salary.

(1) The Town Attorney is awarded a $10,000 wage increase for a total annual base salary of

$225,000, effective December 12, 2018.

ATTACHMENT 1

40

(b) Performance Review.

(1) On the basis of an annual performance evaluation covering the fifth year of employment from

December 2017 to December 2018, the Town Attorney is awarded a one-time lump sum

performance bonus of $3,225.

IN WITNESS WHEREOF, the parties have executed this Amendment to the Town Attorney Agreement on the

date written above.

TOWN OF LOS GATOS

Steve Leonardis, Mayor

Robert Schultz, Town Attorney

ATTEST:

Shelley Neis, Clerk Administrator for

Town of Los Gatos

2 of 2 Fifth Amendment to the Town Attorney Employment Agreement

41

Town of Los Gatos

Salary Schedule for Town Council and Management

Effective July 01, 2018 (unless otherwise noted)

Class

CodeClassification Title

Annual Salary

Minimum

Annual Salary

Maximum

2615 Assistant Parks & Public Works Director 133,622$ 180,389$

2110 Assistant Town Manager 158,834$ 214,426$

2420 Chief Building Official 121,055$ 163,424$

2400 Community Development Director 154,960$ 209,196$

2180 Community Outreach Coordinator 83,584$ 112,838$

2010 Deputy Attorney 104,385$ 140,920$

2130 Economic Vitality Manager 115,221$ 155,549$

2310 Finance and Budget Manager 121,055$ 163,424$

2300 Finance Director 151,181$ 204,094$

2200 Human Resources Director 140,386$ 189,521$

2900 Information Technology Manager 121,055$ 163,424$

2800 Library Director 140,386$ 189,521$

2820 Library Division Manager 92,261$ 124,552$

2600 Parks & Public Works Director 154,956$ 209,196$

2645 Parks & Public Works Operations Manager 104,385$ 140,920$

2630 Parks & Public Works Superintendent 121,055$ 163,424$

2412 Planning Manager 121,055$ 163,424$

2510 Police Captain 143,896$ 194,259$

2500 Police Chief 162,805$ 219,787$

2545 Police Records & Communication Manager 112,411$ 151,755$

2140 Senior Administrative Analyst 90,011$ 121,515$

2650 Senior Civil Engineer 115,221$ 155,549$

2000 Town Attorney - Council Appointed (Effective 12/12/18) * 225,000$

2412 Town Clerk 121,055$ 163,424$

2100 Town Manager - Council Appointed (Effective 1/16/18) 220,000$

2655 Transportation & Mobility Manager 112,411$ 151,755$

1000 Town Council

Management salaries reflect a spread of 35% to the top of the range.

*Pending Approval December 4, 2018

$150 Stipend and $50 auto

allowance per month, for a total

compensation of $2,400 per year

Updated: December 2018 - Human Resources ATTACHMENT 2

42

Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney

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

www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT

MEETING DATE: 12/04/2018

ITEM NO: 6

DATE: NOVEMBER 29, 2018

TO: TOWN COUNCIL

FROM: LAUREL PREVETTI, TOWN MANAGER

SUBJECT: CONSIDER REVISIONS TO THE TOWN AGENDA FORMAT AND RULES POLICY RECOMMENDATION: Consider proposed revisions to Council Policy 2-01: Town Agenda Format and Rules. BACKGROUND: Town Council Policy 2-01: Town Agenda Format and Rules was adopted to establish procedures which standardize the Town Council agenda process and insure orderly meetings. This Policy applies to all Town Boards, Committees, and Commissions. The Mayor has requested that the Town Council consider proposed revisions to the order of agenda elements to facilitate the completion of Town business. DISCUSSION: Attachment 1 contains proposed revisions to the Town Agenda Format and Rules Policy to move the Consent Calendar, Council Matters, and Manager Matters to the end of the agenda. If the Policy revision is approved, the agenda order would also apply to the agendas for all Town Boards, Committees, and Commissions. FISCAL IMPACT: None. Attachment:

1. Proposed revisions to the Town Agenda Format and Rules Policy (Redline)

43

COUNCIL POLICY MANUAL

TITLE: Town Agenda Format and Rules POLICY NUMBER: 2-01

EFFECTIVE DATE: 12/15/1986 PAGES: 6

ENABLING ACTIONS: 1986-183; 1987-024; 1988-124; 1993-181; 1994-057; 1996-108; 2001-077; 2004-033; 2009-002

REVISED DATES: 12/15/1986; 3/2/1987; 6/6/1988; 6/15/1992; 12/6/1993; 4/4/1994; 8/5/1996; 7/2/2001; 4/5/2004; 1/20/2009; 3/16/2009; 12/6/2010; 8/5/2013; 3/3/2015; 9/20/2016; 6/20/2017; 8/1/2017

APPROVED:

PURPOSE

To establish procedures which standardize Town agendas and insure an orderly meeting. This Policy applies to Town Council and all Town Boards, Commissions, and Committees.

POLICY

The following policies have been established:

A. Order of the AgendaSubject to the Mayor’s, or Chair’s, discretion to change the order of consideration of anyagenda item during any individual meeting:

Meeting Called to Order Roll Call Pledge of Allegiance Appointments Presentations Closed Session Report Council Matters Manager Matters Consent Calendar Verbal Communications Public Hearings Other Business Consent Calendar Council Matters Manager Matters

Small Town Service Community Stewardship Future Focus

ATTACHMENT 1

44

TITLE: Town Agenda Format and Rules PAGE: 2 of 6

POLICY NUMBER: 2-01

Adjournment (No later than midnight without vote)

B. Closed Session ReportAt the first Council meeting following any Closed Session, the Town Attorney will report onthe Closed Session describing what occurred, but without reporting any information whichcould damage the Town’s position on a) potential or existing litigation, b) the acquisition ordisposition of property, or c) any employee’s privacy interests. In addition, the ClosedSession agenda shall clearly identify the subject of each agenda item consistent with therequirements of the Brown Act.

C. Communications by Members of the Public1. Verbal Communications. Comments by members of the public during the initial Verbal

Communications portion of the agenda on items not on the Council agenda shall belimited to 30 minutes and no more than three (3) minutes per speaker. As an item notlisted on the agenda, no response is required from Town staff or the Council and noaction can be taken. However, the Council may instruct the Town Manager to place theitem on a future agenda. At the conclusion of the first Verbal Communications, theagenda will proceed onto the Public Hearings and Other Business sections of theagenda. In the event additional speakers were not able to be heard during the initialVerbal Communications portion of the agenda, an additional Verbal Communicationssection can be opened prior to Adjournment.

2. Public Hearings. Presentations during the Public Hearings portion of the agenda byappellants and applicants, including any expert or consultant assisting with thepresentation, shall be limited to a total of no more than ten (10) minutes for allspeakers. Appellants and applicants shall be provided no more than five (5) minutes torebut at the end of the public hearing. Other members of the public testifying at publichearings shall be limited to no more than three (3) minutes.

3. Submittal of written materials by Applicant and Appellant. To allow Town Council,Boards, Commissions, Committees, Town Staff, and the public the opportunity to reviewmaterial in advance of a hearing, all materials submitted by the Applicant or Appellantmust be received by the Town Clerk fourteen (14) days prior to the scheduled publichearing. Documents and materials received from the Applicant or Appellant after thedeadline will be accepted; however, the Town Staff may not have the time to analyzethe documents and material, and Town Council may not have the time to considermaterials submitted after the deadline. The submittal of any additional material by theApplicant or Appellant shall not be considered prima facie evidence (sufficient toestablish a fact or raise a presumption) under Town Code Section 29.20.300.

4. Other Agenda Items. Comments by members of the public concerning any other item onan agenda shall be limited to no more than three (3) minutes per item. 45

TITLE: Town Agenda Format and Rules

PAGE: 3 of 6

POLICY NUMBER: 2-01

5. Mayor’s Discretion. All time limits noted above shall be subject to change at the Mayor’s discretion.

D. Consent Calendar

Items on the Council agenda that are considered to be of a routine and non-controversial nature are placed on the Consent Calendar. Typical items include meeting minutes, final reading and adoption of ordinances, resolutions approving agreements, awards of contracts, status staff reports, etc. Consent items shall be approved by a single Council motion, unless a member from the Council or the public requests that an item be removed for separate Council action. Items removed from the Consent Calendar may be considered at that meeting at the Mayor’s discretion.

E. Presentations

The Presentations portion of the agenda is intended to allow organized groups to make formal presentations to the Council and to recognize and honor deserving individuals and organizations. All matters included on the Presentations portion of the agenda require the prior approval of the Mayor and shall be limited to no more than ten (10) minutes, unless the Mayor grants additional time.

F. Council Matters

Members of Council may report on the activities of the committees to which they belong or the meetings they attend, question staff briefly on matters upon which the Council has taken action or given direction, make brief announcements, or discuss whether to place particular items on future agendas for action by the Council. Future agenda items to be briefly discussed here shall be identified consistent with Section G of this policy, or may be raised for the first time under this item.

G. Adjournment

Council meetings will be adjourned at midnight unless a majority of the Council Members present vote to extend the adjournment time.

H. Americans with Disabilities Notice on Town Agendas

As part of the requirements under the Americans with Disabilities Act, the Town is required to provide notice of whom to contact in advance of a public meeting for assistance to disabled individuals who might wish to participate. The following notice shall be provided in at least one location on each Town agenda for Council, Boards, Commissions, or Committees.

46

TITLE: Town Agenda Format and Rules

PAGE: 4 of 6

POLICY NUMBER: 2-01

I. Preparation of the Agenda The agenda is prepared by staff in consultation with the Mayor for the Mayor’s final approval. If there is a disagreement between the Mayor and staff, the Mayor makes the ultimate call on the Agenda and its items. Any member of the Council may submit a request through the Town Manager or directly to the Mayor to make a change or addition to the agenda. In no event may the subject of whether to amend the agenda be discussed outside of a public meeting by more than two (2) members of the Council.

Items thus proposed to be added to the agenda require the Mayor’s agreement to be added for action. If the Mayor does not agree, the item shall be listed on the agenda for discussion purposes only under the Council Matters section of the agenda. Council may then discuss whether to place the item on a future agenda for action. Two (2) or more members of the Council must vote in favor of placing an item on a future agenda for action. The Mayor in good faith will make every effort to place the item on the first available Council agenda in consultation with the Town Manager. If the wish of the Council is to add an item on the agenda of the current meeting, then the Brown Act generally requires a two-thirds (2/3) vote or a unanimous vote of those present if less than five (5) Council Members are present, with a finding that there is a need to take immediate action and the need for action came to the attention of the Town after the agenda was posted.

J. Agenda Schedule and Preparation

In general, questions or inquiries from Council Members to the Town Manager and/or Town Attorney regarding agenda items should be responded to within 24 hours, and then placed into Addenda and/or Desk Items, as appropriate. Thursday, prior to the meeting

Written agenda is finalized and printed. Agenda packets distributed to Town Council Members. Public comments on agenda items received by 11:00 a.m. will be included in the agenda packet.

Friday, prior to the meeting

Additional information from staff available after the Thursday distribution of the agenda packet, and public comments received prior to 11:00 a.m. on Friday will be distributed to Town Council members as an Addendum to a staff report.

Monday, prior to the meeting

Additional information from staff available after the Friday Addendum and received prior to 11:00 a.m. on Monday will be distributed to Town

In compliance with the Americans with Disabilities Act, if you need special assistance to

participate in this meeting, please contact the Clerk Administrator at (408) 354-6834.

Notification 48 hours before the meeting will enable the Town to make reasonable

arrangements to ensure accessibility to this meeting [28 CFR §35.102-35.104]

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TITLE: Town Agenda Format and Rules

PAGE: 5 of 6

POLICY NUMBER: 2-01

Council members as an Addendum to a staff report.

Day of Council Meeting

Council comments and questions received by 7:00 a.m. and public comments received by 11:00 a.m. on the morning of a Council meeting will be included in a Desk Item for distribution Town Council members by 1:00 p.m. on the afternoon of a Council meeting. Council comments and questions received after 7:00 a.m. may be addressed during the Council meeting. Public comment received after 11:00 a.m. will not be distributed to the Council in the Desk Item; however, public comment may be submitted by individuals during the Council meeting.

In general, questions or inquiries from Council Members to the Town Manager and/or Town Attorney regarding agenda items should be responded to within 24 hours, and then placed into Addenda and/or Desk Items, as appropriate.

K. Agenda Posting

Council Agendas shall be posted at least 72 hours prior to a regular meeting, and at least 24 hours prior to a special meeting. Notice of any meeting of a formally appointed Committee where two Council Members could be present shall be posted at least 24 hours in advance of any such meeting with a note as to the time and location, and an invitation to the public to attend.

L. Conduct of Town Council Meetings

The Council shall adopt: 1. Robert's Rules of Order or 2. Some other rules of order, or 3. Allow the Mayor to conduct the meeting as deemed appropriate so long as all

members of the Town Council concur. M. Attendance at Meetings

The Town Council Rules provisions concerning Telephonic Attendance shall apply to all Boards, Commissions, and Committees as well as the Town Council. Requests by Council Members to attend a Council meeting via telephonic appearance are actively discouraged. Telephonic attendance shall only be permitted in the event of extraordinary events such as a medical, family or similar emergency requiring a Council Member’s absence or in the event the Councilmember is out of the area on official Town business. In addition, at least a quorum of the Council must participate from a location within the Town.

N. Proposed Reconsideration of Prior Council Actions

Reconsideration of prior Council actions is discouraged and may only occur in special circumstances subject to the procedural restrictions outlined herein. Reconsideration does not include, and this Policy does not prohibit, the repeal of a resolution or ordinance in response to a lawsuit or a referendum challenging that adoption.

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TITLE: Town Agenda Format and Rules

PAGE: 6 of 6

POLICY NUMBER: 2-01

Step 1 – Motion to Place Reconsideration of a Prior Action on a Future Council Agenda

a) The motion must be made by a Council Member who previously voted on the prevailing side of the prior action;

b) The maker of the motion shall specifically articulate the new information, analysis

and/or circumstances that warrant(s) reconsideration of the prior action;

c) The motion must be adopted by a majority of the full Council; and

d) The motion may only be made and considered at the next regularly scheduled meeting of the Council after the item was originally acted upon.

Step 2 – Full Reconsideration of the Prior Action, if a motion as outlined in Step 1 is approved.

a) The full reconsideration of the prior action will be placed on the next available Council

agenda following the agenda-setting and required public notification process.

b) The agenda, public notification and staff report for the full reconsideration of the prior action shall clearly state that the item has been previously acted upon by the Council and is being reconsidered by the Council.

c) Action on the reconsideration of the prior action shall adhere to regular Council policies and practices as if the item was being heard for the first time. d) The full reconsideration of the prior action (whether sustained, reversed or otherwise

modified) will be the final action on that item, and no further reconsiderations will be considered.

O. Motions by the Chairperson

The Chairperson of the meeting may make or second motions. The Chairperson may also restate, or ask that the maker restate, all motions immediately prior to any vote.

APPROVED AS TO FORM: Robert Schultz, Town Attorney

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PREPARED BY: SEAN MULLIN, AICP Associate Planner Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Department Director, and Finance Director

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

www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT

MEETING DATE: 12/04/2018

ITEM NO: 7

DATE: NOVEMBER 29, 2018

TO: MAYOR AND TOWN COUNCIL

FROM: LAUREL PREVETTI, TOWN MANAGER

SUBJECT: TOWN CODE AMENDMENT APPLICATION A-17-002. PROJECT LOCATION: TOWN WIDE. APPLICANT: TOWN OF LOS GATOS. CONSIDER AMENDMENTS TO CHAPTER 6 (BUILDINGS AND BUILDING REGULATIONS) AND CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE REGARDING FENCES, HEDGES, AND WALLS.

RECOMMENDATION: Consider the proposed amendments and introduce the draft Ordinance by title only to amend Chapter 6 (Buildings and Building Regulations) and Chapter 29 (Zoning Regulations) of the Town Code regarding fences, hedges, and walls (Attachment 21).

BACKGROUND: On October 16, 2018, the Town Council considered a draft Ordinance regarding fences, hedges, and walls. Following Council discussion, the matter was continued to December 4, 2018. Additionally, the draft amendments regarding hillside fence regulations were forwarded to the Town Council Policy Committee for consideration of the following:

• Appropriate property size;

• Break down by zone versus property size;

• Appropriate materials;

• Number of properties the Ordinance would affect;

• Noticing requirements;

• Additional input from other groups; and

• Review of Ordinances in similar jurisdictions.

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PAGE 2 OF 8 SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,

AND WALLS/A-17-002 NOVEMBER 29, 2018

BACKGROUND (continued): Additionally, during public testimony community member Lee Quintana expressed concerns with the Town Code allowance of six-foot tall fencing and gates in the front yards of properties and requested that the Town Council Policy Committee consider whether this allowance is appropriate. The draft Ordinance was considered by the Town Council Policy Committee at its November 15, 2018 meeting. The Policy Committee received public testimony and discussed the points forwarded by the Town Council. The Policy Committee directed staff to prepare a draft Ordinance for consideration by the Town Council at its December 4, 2018 meeting to address the following fence regulations:

• Fence height increase to seven (7) feet (non-hillside area only);

• Appropriate front yard and street side yard fence height and setbacks (Town-wide); and

• Vehicular gate setback requirements (Town-wide). The Policy Committee also provided direction to staff regarding fence regulations in the hillside area and continued that matter to a date uncertain. DISCUSSION: A. Public Outreach

Staff reached out to the following organizations and requested input on the current draft Ordinance:

• Santa Clara Valley Chapter of the American Institute of Architects (AIASCV)

• Santa Clara County Association of Realtors (SCCAR)

• Silicon Valley Association of Realtors (SILVAR)

In addition to reaching out to professional organizations, staff requested public input through the following media and social media resources:

• A poster posted at the Planning counter at Town Hall and at the Library;

• On the Town’s website home page, What’s New;

• On the Town’s Facebook page;

• On the Town’s Twitter account;

• On the Town’s Instagram account; and

• On the Town’s NextDoor page.

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PAGE 3 OF 8 SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,

AND WALLS/A-17-002 NOVEMBER 29, 2018

DISCUSSION (continued): All feedback received by 11:00 a.m. on Thursday, November 29, 2018 is included in Attachment 25.

B. Components of the Draft Ordinance

Following direction from the Policy Committee, the draft Ordinance (Attachment 21) was bifurcated to allow Council consideration of special Town-wide fence regulations while the Policy Committee continues consideration of fence regulations in the hillside area. The draft Ordinance includes the following components:

• Fence height increase to seven (7) feet (non-hillside area only);

• Appropriate front yard and street side yard fence height and setbacks (Town-wide); and

• Vehicular gate setback requirements (Town-wide).

1. Permits Required

The Town does not currently require a Planning permit for fencing, walls, hedges, or gates unless elements trigger the need for Building Permits (fence/wall heights exceeding six feet, retaining walls, gates requiring electrical supply, etc.). The draft Ordinance would not introduce a Planning permit requirement for fencing.

2. Non-Hillside Fence Height

During consideration of the draft Ordinance, the Planning Commission received input from a community member, David Klinger, requesting that the maximum fence height allowed without an exception on non-hillside properties be increased from six feet to seven feet (Attachment 3, Exhibit 10, email dated August 30, 2017; Attachment 6, pages 64-65). Mr. Klinger expressed concern that the current maximum fence height of six feet does not reflect what is being built on non-hillside properties or regulations in neighboring communities. Mr. Klinger suggested that the maximum fence height without an exception be increased to six-feet with one foot of lattice on top, up to a maximum fence height of seven feet. This increase would reconcile many existing nonconforming fences and would be reflective of the community comments that seven-foot tall fences are desirable.

The Planning Commission discussed the matter and was supportive of Mr. Klinger’s request for this revision to the Town Code (Attachment 6, pages 82-88). Additionally, the Town Council and Policy Committee were generally amenable to this change.

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PAGE 4 OF 8 SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,

AND WALLS/A-17-002 NOVEMBER 29, 2018

DISCUSSION (continued):

Based on this support, staff has included this change in the draft Ordinance [Attachment 21, Section 29.40.030(b)]. This change applies only to non-hillside properties and would not apply to properties in the hillside area. This change would increase the threshold for a fence height exception from fences in excess of six feet to fences in excess of seven feet. Additionally, Section 6.150.050 of the Town Code currently requires a Building Permit for fences exceeding six feet; however, the California Residential Code only requires a Building Permit for fences exceeding seven feet. Staff recommends elimination of Section 6.150.050 of the Town Code, defaulting permit requirements to the California Residential Code and reflecting the change to allow a maximum fence height of seven feet without a Building Permit.

3. Front Yard Fence Heights

In addition to hillside fence regulations, the topic of fence and gate heights along front property lines was discussed at the Policy Committee meeting on November 15, 2018. Recently, several residents have contacted staff to inquire about these regulations, expressing safety concerns with tall fencing along front property lines related to sight lines. The current Ordinance allows six-foot tall fencing along all property lines but does limit the height of fencing on corner properties and properties within a defined distance of an intersection (Attachment 22). The intent of these limitations is to provide sight lines for vehicles approaching a corner or intersection. The current Ordinance does not address the impacts to sight lines on vehicles exiting a driveway outside of these restricted areas. A six-foot tall fence at the front property line can significantly reduce sight distance from a driveway as a vehicle crosses a sidewalk and/or enters a street. Additionally, a tall fence along a front property line can impact the character of a neighborhood. Attachment 23 includes a summary of the regulations for fence heights in front yards for the following jurisdictions:

• Atherton

• Campbell

• Cupertino

• Los Altos

• Los Altos Hills

• Milpitas

• Monte Sereno

• Mountain View

• Palo Alto

• Portola Valley

• San Jose

• Santa Clara

• Santa Clara County

• Saratoga

• Sunnyvale

• Woodside

Based on Policy Committee feedback, staff has included a three-foot height limitation for fences, walls, gates, and hedges located in required front and street side yard setbacks and driveway view areas (Attachment 24). These proposed

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PAGE 5 OF 8 SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,

AND WALLS/A-17-002 NOVEMBER 29, 2018

DISCUSSION (continued): regulations would be in addition to the existing regulations for fences, walls, gates, and hedges located in a traffic view area or corner sight triangle. The draft Ordinance includes an exception process that would allow deviations from the height regulations based on privacy or wildlife concerns. The exception would require review and approval by the Community Development Director and Town Engineer.

4. Vehicular Gates

The draft Ordinance includes setback requirements for new vehicular gates. Currently, the Hillside Development Standards and Guidelines require a setback of 25 feet for a vehicular gate and the Town Code is silent regarding the setback requirements for a vehicular gate. Section 29.10.155(c)(7) requires that the length of driveways serving a garage with a sliding or overhead door be a minimum of 18 feet, with the intent of allowing ample queuing space for a vehicle while not impeding traffic on the adjacent roadway. For this reason, this standard has been applied as the required setback for a vehicular gate. This requirement has been included in Section 29.40.030(e) of the draft Ordinance (Attachment 21).

CONCLUSION: Staff recommends that the Town Council:

1. Make the finding that 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)] (Attachment 20);

2. Make the required finding that the amendments to Chapter 6 (Buildings and Building

Regulations) and Chapter 29 (Zoning Regulations) of the Town Code are consistent with the General Plan (Attachment 20);

3. Introduce the Ordinance of the Town of Los Gatos effecting the amendments of the Town Code regarding fences, hedges, and walls A-17-002 (Attachment 21), by title only, with any specific changes identified and agreed upon by the majority of the Town Council.

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PAGE 6 OF 8 SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,

AND WALLS/A-17-002 NOVEMBER 29, 2018

ALTERNATIVES: Alternatively, the Council may: 1. Continue this item to a date certain with specific direction to staff;

2. Refer the item back to the Planning Commission with specific direction; or 3. Take no action, leaving the Town Code unchanged. ENVIRONMENTAL ASSESSMENT:

There is no possibility that the project would have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act [Section 15061(b)(3)]. PUBLIC COMMENTS: Attachment 23 includes public comments received between 11:01 a.m., November 15, 2018 and 11:00 a.m., November 29, 2018. Attachments:

Attachments previously received with October 17, 2017 Staff Report: None

Attachments previously received with December 5, 2017 Staff Report: 1. July 26, 2017 Planning Commission Staff Report (with Exhibits 1-6) 2. July 26, 2017 Planning Commission Desk Item (with Exhibit 7) 3. September 13, 2017 Planning Commission Staff Report (with Exhibits 8-10) 4. September 13, 2017 Planning Commission Addendum (with Exhibits 11-12) 5. September 13, 2017 Planning Commission Desk Item (with Exhibit 13) 6. September 13, 2017 Planning Commission Verbatim Minutes 7. Draft Ordinance Amending Town Code Chapter 29 8. Letter from David Weissman to Town Council, dated January 1, 2017 9. Memorandum from Robert Schultz, Town Attorney, to Town Council, dated February 12,

2017 10. January 31, 2017 Town Council Special Meeting Priority Setting Study Session Minutes 11. Public comments received between 11:01 a.m., September 13, 2017 and 11:00 a.m.,

November 30, 2017

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PAGE 7 OF 8 SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,

AND WALLS/A-17-002 NOVEMBER 29, 2018

Attachments previously received with December 5, 2017 Desk Item: 12. Public Comments received between 11:01 a.m. Thursday, November 30, 2017 to 11:00 a.m.

Tuesday, December 5, 2017

Attachments previously received with October 16, 2018 Staff Report: 13. Required Findings 14. Draft Ordinance Amending Town Code Chapter 6 and Chapter 29 15. Regulated Fence Area Exhibit 16. Wildlife-Friendly Fence Exhibit 17. Public comments received between 11:01 a.m., December 5, 2017 and 11:00 a.m.,

October 11, 2018 Attachments previously received with October 16, 2018 Addendum: 18. Revised Draft Ordinance Amending Town Code Chapter 6 and Chapter 29 Attachments previously received with October 16, 2018 Addendum B: 19. Public comments received between 11:01 a.m., October 11, 2018 and 11:00 a.m.,

October 15, 2018 Attachments received with this Staff Report: 20. Required Findings 21. Draft Ordinance Amending Town Code Chapter 6 and Chapter 29 22. Sight Triangle and Traffic View Area Exhibit 23. Summary of Front Yard Fence Height Regulations of Area Jurisdictions 24. Driveway View Area and Front and Street Side Yard Area Exhibit 25. Public comments received between 11:01 a.m., November 15, 2018 and 11:00 a.m.,

November 29, 2018

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ATTACHMENT 20

TOWN COUNCIL – December 4, 2018 REQUIRED FINDINGS: TOWN CODE AMENDMENT APPLICATION A-17-002 Consider amendments to Chapter 6 (Buildings and Building Regulations) and Chapter 29 (Zoning Regulations) of the Town Code regarding fences, hedges, and walls.

FINDINGS

Required Findings for CEQA:

▪ It has been determined that 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): Review for exemption.

Required Findings for General Plan:

▪ The Town Code amendments are consistent with the General Plan.

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ATTACHMENT 21

ORDINANCE

ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 6 SECTION 6.150.050 AND CHAPTER 29 (ZONING

REGULATIONS) SECTION 29.40.030 OF THE TOWN CODE REGARDING FENCES, HEDGES, AND WALLS

WHEREAS, the Town Council at its meeting of January 31, 2017, identified amendments

regarding fences in the Hillside Area as a strategic priority to maintain wildlife movement

corridors and address movement-restrictive fences; and

WHEREAS, the Planning Commission considered proposed amendments regarding

fences at its meeting of September 13, 2017, and forwarded a draft Ordinance to the Town

Council for consideration without an up or down vote with consideration of comments from

Commissioners and the public;

WHEREAS, at the September 19, 2017 Planning Commission meeting, a community

member requested that the maximum fence height allowed without and exception outside of

the hillside area be increased from six feet to seven feet to reconcile many existing

nonconforming fences and reflect the desires of the residents; and

WHEREAS, On December 5, 2017, the Town Council reviewed and commented on the

proposed amendments regarding fences, and continued the matter to a date uncertain for

further consideration; and

WHEREAS, On October 16, 2018, the Town Council reviewed and commented on the

proposed amendments regarding fences, and continued the matter to a date certain for further

consideration forwarded the matter to the Town Council Policy Committee for consideration;

and

Draft Ordinance: subject to modification by Town Council based

on deliberations and direction

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WHEREAS, at the October 16, 2018 Town Council meeting, a community member

expressed concern with the Town Code allowance of six-foot tall fences and gates in the front

yards of properties and requested that the Town Council Policy Committee consider whether

this allowance was appropriate; and

WHEREAS, On November 15, 2018, the Town Council Policy Committee reviewed the

proposed amendments regarding fences in the hillside area, considered an increase to the

maximum allowed fence height without an exception outside of the hillside area, and

considered the appropriateness of six-foot tall fences and gates in the front and street side yard

setbacks of properties. The Town Council Policy Committee continued the consideration of

proposed amendments regarding fences in the hillside area to a date uncertain for further

consideration by the Town Council Policy Committee and forwarded recommended

amendments regarding fences outside of the hillside area to the Town Council for

consideration; and

WHEREAS, this matter was regularly noticed in conformance with State and Town law

and came before the Town Council for public hearing on December 4, 2018; and

WHEREAS, the Town Council accepted the report of the Town Council Policy

Committee’s recommendation on the proposed amendments regarding fences.

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

SECTION I

Los Gatos Town Code Town Code Chapter 6, Section 6.150.050, is hereby repealed as follows:

Sec. 6.150.050. - Work exempt from permit.

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CRC Section R105.2 Work exempt from permit.

Building: Item 2. is amended to read:

2. Fences not over 7 feet high.

(Ord. No. 2257 , § I, 11-15-16)

Los Gatos Town Code Chapter 29, Section 29.40.030 is hereby repealed and reenacted to read as follows:

Sec. 29.40.030. Fences, walls, gates, gateways, entry arbors, and hedges.

(a) In the hillside area, fences, walls, gates, gateways, entry arbors, or hedges may not exceed six (6) feet.

(b) In non-hillside area, fences, walls, gates, or hedges may not exceed six (6) feet, with one (1) foot of lattice on top (seven (7) feet high in total); and gateways or entry arbors may not exceed six (6) feet.

(c) Exceptions. The following exceptions apply:

(1) Fences, walls, gates, and hedges may not exceed three (3) feet in height above the nearest curb when located within a required front or street side yard area, driveway view area, traffic view area, or corner sight triangle unless a permit is secured from the Town Engineer and Community Development Director. Trees, hedges, and growth within a corner sight triangle shall meet the requirements of section 26.10.065.

a. A front or street side yard area is equivalent to the front yard and side yard abutting a street required under Chapter 29, Article IV of the Town Code.

b. A driveway view area is a triangular area at the intersection of driveways and sidewalks and street intersections having sides ten (10) feet in length, as measured along the driveway’s path of travel from the back of the sidewalk or street.

c. A traffic view area is the area which is within fifteen (15) feet of a street and within two hundred (200) feet of the right-of-way line of an intersection.

d. A corner sight triangle is a triangular area at street intersections having sides thirty (30) feet in length, as measured from intersecting property lines.

(2) Historic Districts and/or Landmark and Historic Preservation Overlay. The maximum height of fences in the required front yard shall be three (3) feet and shall be of open-view design except as provided in subsection 29.40.033(b)(4).

(3) Gateways or entryway arbors. May be up to eight (8) feet high, including within Historic Districts or for properties with a Landmark and Historic Preservation Overlay, and shall be of open-view design. A gateway or entryway arbor shall have a maximum width of six (6) feet and a maximum depth of four (4) feet. No more than one (1) gateway or entryway arbor per street frontage is allowed.

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(4) Adjacent to commercial property. Boundary line fences or walls adjacent to commercial property may be eight (8) feet high if requested or agreed upon by a majority of the adjacent residential property owners.

(5) Properties not on a street corner. At the discretion of the Director of Community Development, side yard and rear yard fences, walls, gates, gateways, entry arbors, or hedges, behind the front yard setback, may be a maximum of eight (8) feet high provided the property owner can provide written justification to the Planning Department that demonstrates either of the following conditions exist:

a. A special privacy concern exists that cannot be practically addressed by additional landscaping or tree screening.

b. A special wildlife/animal problem affects the property that cannot be practically addressed through alternatives. Documented instances of wildlife grazing on gardens or ornamental landscaping may be an example of such a problem.

(d) Materials.

(1) Plastic fencing is discouraged everywhere and is prohibited in Historic Districts.

(2) Barbed wire or razor ribbon wire is prohibited in all zones.

(e) Vehicular gates. Vehicular gates shall be setback a minimum of eighteen (18) feet as measured along the driveway’s path of travel from the back of the sidewalk or street with the gate(s) in the open position.

SECTION II

The Town Council finds and determines that:

1. The adoption of this Ordinance is exempt from the requirements of the

California Environmental Quality Act (CEQA) per CEQA Guidelines under the

General Rule (Section 15061(b)(3)), which sets forth that the CEQA applies only

to projects which have the potential for causing a significant effect on the

environment. It can be seen with certainty that the proposed Town Code text

amendments will have no significant negative effect on the environment; and

2. The Town Code amendments are consistent with the General Plan.

SECTION III

If any provision of this Ordinance or the application thereof to any person or

circumstances is held to be invalid, such invalidity shall not affect other provisions or

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applications of the Ordinance which can be given effect without the invalid provision or

application, and to this end the provisions of this Ordinance are severable. The Town Council

hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any

particular portion thereof and intends that the invalid portions should be severed and the

balance of the ordinance be enforced.

SECTION IV

Except as expressly modified in this Ordinance, all other sections set forth in the Los

Gatos Town Code shall remain unchanged and shall be in full force and effect.

SECTION V

This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication

of the full text of the ordinance within fifteen (15) days after its passage, a summary of the

ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by

the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant

to GC 36933(c),(1).

SECTION VI

This Ordinance was introduced at a regular meeting of the Town Council of the Town of

Los Gatos on December 4, 2018, and adopted by the following vote as an ordinance of the

Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on December 12,

2018.

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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los

Gatos, California, held on the 4th day of December, 2018, 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:

S:\COUNCIL REPORTS\2018\12-04-18\Fence Ordinance\Attachment 21 - Draft Ordinance Amending Town Code Chapter 6 and Chapter 29.docx

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30’

RIGHT-OF-WAY/PROPERTY LINE

30’

NOT TO SCALE

STR

EET

STREET C L

30’

30’

LEGEND:

Corner Sight Triangle

CORNER SIGHT TRIANGLE

200’

EDGE OF ROADWAY/FACE OF CURB

RIGHT-OF-WAY/PROPERTY

NOT TO SCALE

STR

EET

STREET C L

200’

200’

LEGEND:

Traffic View Area

TRAFFIC VIEW AREA

EDGE OF ROADWAY/FACE OF CURB

200’

15’

15’

ATTACHMENT 22

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Summary of Front Yard Fence Height Regulations of Area Jurisdictions

Jurisdiction Regulation

Atherton Section 17.46.030 At front lot property line or along public streets: 6 feet At street intersections within clear visibility area: 3 feet

“Clear visibility area” means a triangular area bounded on two sides by street lines extending a distance of thirty feet from any street corner measured along the curb, gutter, or edge of pavement.

Campbell Section 21.18.060 Height Required Front Setback < 3.5 feet 0 feet 3.5 – 6 feet 15 feet

Driveways. No fence wall, lattice or screen over three and a half feet shall be allowed within the triangular area formed by measuring ten feet along the street property line and ten feet along the driveway from their "extended" intersection and connecting these two points.

Cupertino Section 19.48.030 Maximum height in front setback area: 3 feet

Los Altos Section 10-2.2601(A) No fence located within the required front yard setback and no fence located within five feet of the exterior side property line of a corner lot shall exceed four feet in height.

ATTACHMENT 23

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Los Altos Hills Section 10-1.507

Maximum height within front setback*: Open fence: 4.5 feet Solid Fence: 3.0 feet

*Requires min 30’ setback fromcenterline of adjacent right-of-way

Minimum setback for 6-foot fence: Open fence: 45 feet Solid fence: 60 feet

Milpitas Section XI-10-54.10 Maximum height in front setback: 3.5 feet

Monte Sereno Section 10.06.130 Maximum height in front setback: 3 feet

Mountain View Maximum height in front 20 feet of property: 3 feet

Palo Alto Section 16.24.020 Maximum height in front and street-side setbacks: 4 feet

Portola Valley Section 18.43 Maximum height along front and street-side property line: 4 feet, with requirement to be at least 50% opacity

Front setback requirements based on minimum lot size requirement of zoning district:

< 1 acre = 0 feet, domestic or horse fence 1 acre = 25 feet, domestic or horse fence 2 acres = 0 feet, only horse fences allowed in setbacks

San Jose Section 105.2 Maximum Height in front setback: 3 feet

Santa Clara Maximum Height within 15 feet of back of sidewalk: 3 feet

Santa Clara County

4.20.050 Maximum Height within 20 feet of front property line based on zoning district.

Urban Residential Districts: 3 feet Rural Districts: 6 feet, 3 feet within corner sight distance triangle at driveway

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Saratoga Maximum Height in front and street-side setbacks: 3 feet

Sunnyvale Section 19.48 Maximum Height in front setback: 3.5 feet

Woodside Section 153.051

Fencing Style Minimum setback from edge of adjacent driving surface (public)

Minimum setback from edge of adjacent driving surface (private)

Open fences, <4 feet 10 feet 5 feet

Open fences, 4-6 feet 20 feet 10 feet

Solid fence, < 4 feet 10 feet 5 feet

Solid fence, 4-6 feet 50 feet 30 feet in R-1 zone

50 feet 30 feet in R-1 zone

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DRIVEWAY VIEW AREA

FRONT AND STREET SIDE YARD AREA

NOT TO SCALE

NOT TO SCALE STREET

SID

E YA

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SET

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REAR YARD SETBACK

FRONT YARD SETBACK

PROPERTY LINE

LEGEND:

Driveway View Area

LEGEND:

Front and Street Side Yard Area

STREET

SIDEWALK

PROPERTY LINE

DRIVEWAY

10’

10’

Sidewalk Example

STREET

PROPERTY LINE

DRIVEWAY

10’

10’

No Sidewalk Example

STR

EET

SID

E YA

RD

SET

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CK

STR

EET

ATTACHMENT 24

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ATTACHMENT 25

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