Council Meeting
Regular MeetingLos Gatos, CA · October 4, 2022
Minutes
TOWN OF LOS GATOS MEETING DATE: 10/18/2022
COUNCIL AGENDA REPORT
Minutes of the Town Council Meeting
Tuesday, October 4, 2022
The Town Council of the Town of Los Gatos conducted a regular meeting utilizing
teleconference and electronic means consistent with Government Code Section 54953, as
Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and
enabling teleconferencing accommodations by suspending or waiving specified provisions in
the Ralph M. Brown Act (Government Code § 54950 et seq.) and Town of Los Gatos Resolution
2021-044 on Tuesday, October 4, 2022 at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council
Member Matthew Hudes, Council Member Marico Sayoc (all participating remotely).
Absent: None
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Vice Mayor Ristow stated she attended the Campbell State of the City, Saratoga State of
the City, Fusion Academy 10-year Anniversary Celebration event, the Los Gatos-Monte
Sereno Police Department (LGMSPD) Academy, Screen on the Green, Youth Citizen of the
Year Awards, LGMSPD Swearing-In Ceremony, Senior Services Committee meeting, and a
Senior Services Engagement Ad Hoc Committee meeting; and toured the Live Oak Adult
Day Care.
- Council Member Badame stated she attended the Council Policy Committee meeting, met
Saratoga Area Senior Coordinating Council (SASCC) Executive Director Tyler Taylor, and met
with constituents regarding issues in Town.
- Council Member Sayoc stated the League of California Cites Peninsula Division held an
annual social meeting.
- Council Member Hudes stated he attended Senior Services Committee and subcommittee
meetings, attended a Silicon Valley Regional Interoperability Authority meeting,
participated in the LGMSPD Academy, taught at the Emergency Communications “HAM
Cram” classes, and attended the Los Gatos Concert Series.
- Mayor Rennie stated he attended the Bay Area Air Quality Management District Board and
Legislative Committee meetings, LGMSPD Swearing-In Ceremony, Youth Citizens of the
Year Award, and the West Valley Mayors and Managers meeting; and spoke with Cub Scout
Pack 556.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
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SUBJECT: Minutes of the Town Council Meeting of October 4, 2022
DATE: October 4, 2022
Manager Matters
- Announced staff will be at the Farmer’s Market to discuss the Housing Element.
- Announced adult Board, Commission, and Committee recruitment is underway; the
application period closes on December 2, 2022 at 4:00 p.m.; additional information and
applications are available on the Town Clerk webpage.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Draft Minutes of the September 17, 2022 Town Council Special Meeting Retreat.
2. Approve Minutes of the September 20, 2022 Closed Session Town Council Meeting.
3. Approve Minutes of the September 20, 2022 Town Council Meeting.
4. Adopt a Resolution Reaffirming Resolution 2021-044 Regarding Brown Act Compliance and
Teleconferencing and Making Findings Pursuant to Government Code Section 54953, as
Amended by Assembly Bill 361, During the COVID-19 Pandemic. RESOLUTION 2022-060
5. Authorize the Town Manager to Execute a Second Amendment to the Agreement with M-
Group for Consultant Services as Provided in the Senate Bill 2 Los Gatos Planning Grant
Program Application by Increasing Compensation to a Total Not to Exceed Amount of
$130,279 Including Contingencies and Authorize a $67,279 Revenue Budget Adjustment to
Recognize the Grant Receipt.
6. Authorize the Town Manager to Execute a Third Amendment to the Agreement for Audit
Services with Badawi and Associates to Extend the Term of the Agreement.
7. Adopt a Resolution Amending the Enabling Resolution of the Senior Service Committee and
Rescind Resolution 2021-035. RESOLUTION 2022-061
8. Approve an Amendment to the Management Salary Schedule to Establish a New
Classification Title and Salary Range for Finance and Accounting Manager.
9. Adopt a Resolution to Accept the Elections Official’s Certification of the Sufficiency of the
Petition of the Referendum of Resolution 2022-046. RESOLUTION 2022-062
MOTION: Motion by Council Member Badame to approve consent items 1-9. Seconded by
Vice Mayor Ristow.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Folake Phillips
- Commented on inclusion and belonging, and inquired about support for the United Against
Hate week.
Ami Davis, NUMU Executive Director
- Stated NUMU would like to help participate and be a resource for the Town to promote
justice, equity, diversity, and inclusion efforts.
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SUBJECT: Minutes of the Town Council Meeting of October 4, 2022
DATE: October 4, 2022
Verbal Communication – continued
Jeffrey Suzuki
- Commented on the Town’s justice, equity, diversity, and inclusion efforts.
OTHER BUSINESS
10. Adopt the Updated Town Social Media Policy as Recommended by the Policy Committee.
Holly Young, Management Analyst, presented the staff report.
Opened Public Comment.
No one spoke.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Hudes to adopt the updated Town Social Media Policy
as recommended by the Council Policy Committee. AMENDMENT: Direct staff to
review the policy every two years and if there are material changes either bring it to
the Policy Committee or directly back to the Council in the event that the Policy
needs to be amended.. Seconded by Council Member Badame.
VOTE: Motion passed unanimously.
11. Adopt the Updated Town Council Code of Conduct Policy as Recommended by the Policy
Committee.
Gabrielle Whelan, Town Attorney, presented the staff report.
Opened Public Comment.
No one spoke.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Badame to adopt the updated Town Council Code of
Conduct Policy as recommended by the Council Policy Committee. Seconded by
Council Member Hudes.
VOTE: Motion passed unanimously.
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SUBJECT: Minutes of the Town Council Meeting of October 4, 2022
DATE: October 4, 2022
12. Adopt a Resolution Granting 4 New York Avenue to the Los Gatos-Saratoga Union High
School District and Authorize the Town Manager to Negotiate and Execute the 4 New York
Avenue Grant Agreement and All Documents Needed to Complete the Transaction in a
Form Acceptable to the Town Attorney. RESOLUTION 2022-063
Arn Andrews, Assistant Town Manager, presented the staff report.
Opened Public Comment.
Scott Hoffman, San Jose Water
- Commented on concerns for future utility easements.
Lee Fagot
- Commented in support of the item.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Vice Mayor Ristow to adopt a resolution granting 4 New York Avenue to
the Los Gatos-Saratoga Union High School District and authorize the Town Manager
to negotiate and execute the 4 New York Avenue grant agreement and all
documents needed to complete the transaction in a form acceptable to the Town
Attorney. Seconded by Council Member Sayoc.
VOTE: Motion passed unanimously.
13. Adopt Final Lease Agreement with CineLux Theatres Co. LLC for the Operation and Program
Management of the Los Gatos Theatre.
Arn Andrews, Assistant Town Manager, presented the staff report.
Opened Public Comment.
No one spoke.
Closed Public Comment.
Council discussed the matter.
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SUBJECT: Minutes of the Town Council Meeting of October 4, 2022
DATE: October 4, 2022
Other Business Item #13 - continued
MOTION: Motion by Vice Mayor Ristow to adopt a final lease agreement with CineLux
Theatres Co. LLC for the operation and program management of the Los Gatos
Theatre. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
14. Adopt a Resolution to Confirm Suspension of the 2040 General Plan Land Use and
Community Design Elements and Provide that the 2020 General Plan Land Use and
Community Design Elements Govern During the Period of Suspension. RESOLUTION 2022-
064
Joel Paulson, Community Development Director, presented the staff report.
Opened Public Comment.
Jeffrey Suzuki, Los Gatos Anti-Racism Coalition President
- Commented in support of the 2040 General Plan.
Ali Miano, Los Gatos Anti-Racism Coalition
- Commented in support of the 2040 General Plan.
Closed Public Comment.
Council discussed the matter.
Mayor Rennie reopened public comment.
Marica Jensen
- Commented on the 2040 General Plan, encouraged the Council to move forward with the
Housing Element, and inquired about the suspension of the Land Use and Community
Design Elements due to the Referendum.
Closed Public Comment.
Council continued to discuss the matter.
MOTION: Motion by Council Member Badame to approve the resolution to confirm
suspension of the 2040 General Plan Land Use and Community Design Elements and
provide that the 2020 General Plan Land Use and Community Design Elements
govern during the suspension period. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
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SUBJECT: Minutes of the Town Council Meeting of October 4, 2022
DATE: October 4, 2022
ADJOURNMENT
The meeting adjourned at 8:42 p.m.
Respectfully submitted:
_____________________________________
/s/ Jenna De Long, Deputy Clerk
Agenda
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
OCTOBER 04, 2022
TELECONFERENCE
7:00 PM
Rob Rennie, Mayor
Maria Ristow, Vice Mayor PARTICIPATION IN THE PUBLIC PROCESS
Mary Badame, Council Member
Matthew Hudes, Council Member
Marico Sayoc, Council Member
How to participate: The Town of Los Gatos strongly encourages your active participation in the
public process, which is the cornerstone of democracy. If you wish to speak to an item on the
agenda, please follow the participation instructions on page 2 of this agenda. If you wish to speak
to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by
following the participation instructions on page 2 of this agenda. The time allocated to speakers
may change to better facilitate the Town Council meeting.
Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of
the community in an effective and efficient manner. For the benefit of the community, the Town
of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council
meetings and treat everyone with respect and dignity. This is done by following meeting
guidelines set forth in State 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 or Town staff; continuing to speak after the allotted time
has expired; failing to relinquish the podium when 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
3:00 p.m. on the day of the Council meeting.
Persons wishing to submit written comments to be included in the materials provided to
Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council
meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting
o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting
o
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/TownYouTube
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 GATOS
COUNCIL MEETING AGENDA
OCTOBER 04, 2022
TELECONFERENCE
7:00 PM
IMPORTANT NOTICE
This meeting is being conducted utilizing teleconferencing and electronic means consistent with
Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of
emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending
or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et
seq.). Consistent with AB 361 and Town of Los Gatos Resolution 2021-044, this meeting will not
be physically open to the public and the Council will be teleconferencing from remote locations.
Members of the public can only participate in the meeting by joining the Zoom webinar (log in
information provided below).
PARTICIPATION
To provide oral comments in real-time during the meeting:
Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this
URL to join: https://losgatosca-
gov.zoom.us/j/85733902640?pwd=QzJSUnFTTDRRZytmME1jSFBUSHl0QT09
Passcode: 108498. You can also type in 857 3390 2640 in the “Join a Meeting” page on
the Zoom website at https://zoom.us/join.
Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651
0008 US Toll. Conference code: 686100
When the Mayor announces the item for which you wish to speak, click the “raise hand”
feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your
telephone keypad to raise your hand. If you are participating by calling in, press #2 on your
telephone keypad to raise your hand.
When called to speak, you will be asked to provide your full name and your town/city of
residence. This identifying information is optional and not a requirement for
participation. Please limit your comments to three (3) minutes, or such other time as the
Mayor may decide, consistent with the time limit for speakers at a Council meeting.
If you wish to speak to an item or items on the Consent Calendar, please state which item
number(s) you are commenting on at the beginning of your time.
If you are unable to participate in real-time, you may email to PublicComment@losgatosca.gov
the subject line “Public Comment Item #__ ” (insert the item number relevant to your
comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m.
the day of the meeting will be reviewed and distributed before the meeting. All comments
received will become part of the record.
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REMOTE LOCATION PARTICIPANTS The following Council Members are listed to permit them to
appear electronically or telephonically at the Town Council meeting: MAYOR ROB RENNIE, VICE
MAYOR MARIA RISTOW, COUNCIL MEMBER MARY BADAME, COUNCIL MEMBER MATTHEW
HUDES, and COUNCIL MEMBER MARICO SAYOC. All votes during the teleconferencing session
will be conducted by roll call vote.
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow
the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
addressing the town Council without first being recognized;
interrupting speakers, Town Council, or Town staff;
continuing to speak after the allotted time has expired;
failing to relinquish the microphone when directed to do so;
repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another speaker.
Disruption of the meeting may result in a violation of Penal Code 403.
MEETING CALL TO ORDER
ROLL CALL
COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business
and may be approved by one motion. Any member of the Council may request to have an item
removed from the Consent Items for comment and action. Members of the public may provide
input on any or multiple Consent Item(s) when the Mayor asks for public comments on the
Consent Items. If you wish to comment, please follow the Participation Instructions contained on
Page 2 of this agenda. If an item is removed, the Mayor has the sole discretion to determine when
the item will be heard.)
1. Approve Draft Minutes of the September 17, 2022 Town Council Special Meeting
Retreat.
2. Approve Minutes of the September 20, 2022 Closed Session Town Council Meeting.
3. Approve Minutes of the September 20, 2022 Town Council Meeting.
4. Adopt a Resolution Reaffirming Resolution 2021-044 Regarding Brown Act Compliance
and Teleconferencing and Making Findings Pursuant to Government Code Section
54953, as Amended by Assembly Bill 361, During the COVID-19 Pandemic.
5. Authorize the Town Manager to Execute a Second Amendment to the Agreement with
M-Group for Consultant Services as Provided in the Senate Bill 2 Los Gatos Planning
Grant Program Application by Increasing Compensation to a Total Not to Exceed
Amount of $130,279 Including Contingencies and Authorize a $67,279 Revenue Budget
Adjustment to Recognize the Grant Receipt.
Page 3 of 4
6. Authorize the Town Manager to Execute a Third Amendment to the Agreement for
Audit Services with Badawi and Associates to Extend the Term of the Agreement.
7. Adopt a Resolution Amending the Enabling Resolution of the Senior Service Committee
and Rescind Resolution 2021-035.
8. Approve an Amendment to the Management Salary Schedule to Establish a New
Classification Title and Salary Range for Finance and Accounting Manager.
9. Adopt a Resolution to Accept the Elections Official’s Certification of the Sufficiency of
the Petition of the Referendum of Resolution 2022-046.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council
on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless
additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes
and no more than three (3) minutes per speaker. In the event additional speakers were not able
to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal
Communications will be opened prior to adjournment.)
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
10. Adopt the Updated Town Social Media Policy as Recommended by the Policy
Committee.
11. Adopt the Updated Town Council Code of Conduct Policy as Recommended by the Policy
Committee.
12. Adopt a Resolution Granting 4 New York Avenue to the Los Gatos-Saratoga Union High
School District and Authorize the Town Manager to Negotiate and Execute the 4 New
York Avenue Grant Agreement and All Documents Needed to Complete the Transaction
in a Form Acceptable to the Town Attorney.
13. Adopt Final Lease Agreement with CineLux Theatres Co. LLC for the Operation and
Program Management of the Los Gatos Theatre.
14. Adopt a Resolution to Confirm Suspension of the 2040 General Plan Land Use and
Community Design Elements and Provide that the 2020 General Plan Land Use and
Community Design Elements Govern During the Period of Suspension.
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council
votes for an extension of time).
Writings related to an item on the Town Council meeting agenda distributed to members of the Council within
72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library,
located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website.
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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