Council Meeting
Regular MeetingLos Gatos, CA · December 5, 2023
Minutes
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
Minutes of the Town Council Meeting
Tuesday, December 5, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing
teleconferencing means on Tuesday, December 5, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes,
Council Member Rob Moore, Council Member Rob Rennie.
Absent: None
PLEDGE OF ALLEGIANCE
Harrison Armer led the Pledge of Allegiance. The audience was invited to participate.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Hudes stated he attended an Initiatives and Publicity Committee meeting
of the Older Adults Thrive Foundation and a Council Policy Committee meeting; met with
Rob Stump regarding wildfire safety; and attended the Winter Celebration event and the
Children’s Christmas/Holiday Parade.
- Council Member Rennie stated he attended a Silicon Valley Clean Energy Authority (SVCEA)
Executive Committee meeting, a Finance Commission meeting, and the Winter Celebration
event; and met with his Finance Commission appointee.
- Council Member Moore stated he attended the Winter Celebration, the Children’s
Christmas/Holiday Parade, and the Silicon Valley at Home (SV@Home) Civic Leadership
Program; met with faith leaders, Katherine Alexander from Supervisor Simitian’s Office,
and staff from the Governor’s Office with the Mayor; attended a Policy Committee
meeting; observed a Parks and Sustainability Commission meeting; and stated he will hold
his Council Member Community Coffee on Friday.
- Vice Mayor Badame stated she attended a Community Health and Senior Services
Commission (CHSSC) meeting as Council liaison, the Winter Celebration, and the Children’s
Christmas/Holidays Parade; met with the Executive Director of the Chamber of Commerce;
and observed a Finance Commission meeting.
- Mayor Ristow stated she met with representatives from Governor Newsom’s Office;
attended a West Valley Mayor’s and Managers meeting; met with a representative from
Supervisor Simitian’s Office and faith leaders; attended the Winter Celebration, the
Children’s Christmas/Holiday Parade, and a Finance Commission meeting; observed a Policy
Committee meeting; and met with the Executive Director of the Chamber of Commerce.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
PAGE 2 OF 7
SUBJECT: Minutes of the Town Council Meeting of December 5, 2023
DATE: December 5, 2023
Manager Matters
- Announced Board, Commission, and Committee interviews will be held on Wednesday,
December 6, 2023, at 6:00 p.m.
- Announced a Community Meeting regarding the Community Garden and Path project will
be held at the Adult Recreation Center on December 7, 2023.
- Announced a Study Session regarding the Community Garden project on December 19,
2023, at 5:45 p.m.
- Announced the Mayoral transition will be held on December 12, 2023, at 7:00 p.m. in the
Town Council Chambers and invited the public to attend.
- Provided a Housing Element Update; stated the Town received a letter from the California
Department of Housing and Community Development in response to the Town’s recent
submittal which was distributed as a Desk Item with item 11 of this meeting.
- Announced the Draft Housing Element is scheduled for discussion before the Council on
December 19, 2023, at 7:00 p.m.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Minutes of the November 21, 2023 Closed Session Town Council Meeting.
2. Approve Minutes of the November 21, 2023 Town Council Meeting.
3. Adopt a Resolution Declaring Certain Hazardous Vegetation Growing in the Town of Los
Gatos to be a Public Nuisance, Describing Properties Where Such Nuisance Exists, and
Setting a Public Hearing Date of January 16, 2024 to Consider Objections to the Proposed
Abatement of Hazardous Vegetation for Properties Listed on the 2024 Weed Abatement
Program Commencement Report and Order the Abatement. RESOLUTION 2023-066
4. Authorize the Town Manager to Execute the Fourth Amendment to the Consulting Services
Agreement with ActiveWayz Engineering Extending the Term to December 31, 2024 for the
Shannon Road Pedestrian and Bikeways Improvement Project (CIP No. 813- 0218).
5. Parking Program Implementation-Wayfinding Signage (CIP No. 813-0242):
a. Approve the Plans and Specifications; and
b. Authorize Advertising the Project for Bid.
6. Receive Fiscal Year (FY) 2022/23 Status Report on Receipt and Use of Development Impact
Fees.
7. Adopt the Emergency Procurement Policy as Recommended by the Policy Committee.
POLICY 4-10
8. Receive Report on Remote Participation at Town Commissions, Boards, and Committees
with Discussion Points Identified by the Council Policy Committee.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
PAGE 3 OF 7
SUBJECT: Minutes of the Town Council Meeting of December 5, 2023
DATE: December 5, 2023
Consent Items - continued
MOTION: Motion by Vice Mayor Badame to approve consent items 1-8. Seconded by Council
Member Moore.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Joseph Enz
- Commented on the unhoused and gave positive remarks about the Police Department.
Lynley Hogan
- Provided positive remarks.
Lee Quintana
- Commented on the Draft Housing Element review letter.
OTHER BUSINESS
9. Approve an Amendment to the Employment Agreement Between the Town of Los Gatos
and the Town Manager and Authorize Salary and Benefits Budget Adjustments in the
Amount of $15,682 from Available General Fund Capital/Special Projects Reserve.
Katy Nomura, Acting Human Resources Director and Assistant Town Manager, presented the
staff report.
Mayor Ristow opened public comment.
Jak Van Nada
- Commented on concerns.
Mayor Ristow closed public comment.
MOTION: Motion by Council Member Rennie to approve an amendment to the Employment
Agreement in attachment one of the staff report, between the Town of Los Gatos
and the Town Manager and authorize a salary and benefits budget adjustment in the
amount of $15,682 from the available General Fund Capital/Special Projects
Reserve. Seconded by Council Member Moore.
VOTE: Motion passed 4-1. Council Member Hudes voted no.
10. 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 $5,897 from Available General Fund Capital/Special Projects Reserve.
PAGE 4 OF 7
SUBJECT: Minutes of the Town Council Meeting of December 5, 2023
DATE: December 5, 2023
Other Business Item #10 – continued
Katy Nomura, Acting Human Resources Director and Assistant Town Manager, presented the
staff report.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
MOTION: Motion by Vice Mayor Badame to approve an amendment to the Employment
Agreement in attachment one of the staff report, between the Town of Los Gatos
and the Town Attorney and authorize a salary and benefits budget adjustment in the
amount of $5,897 from the available General Fund Capital/Special Projects Reserve.
Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
Mayor Ristow stated she is recused from item 11 due to the proximity of her residence, stated
the Vice Mayor will preside in her absence, and left the Council Chambers.
PUBLIC HEARINGS
11. Approve a Recommendation of the Planning Commission to Introduce an Ordinance Titled
“An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element
Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area
Ratio, and Lot Coverage for Residential Development on the Following Site: 101 South Santa
Cruz Avenue.” An Environmental Impact Report was Prepared and Certified for the 2040
General Plan Update on June 30, 2022, which Included the Proposed Zoning Code
Amendments. No further Environmental Analysis is Required. Zoning Code Amendment
Application Z-23-003. Applicant: Town of Los Gatos.
Jennifer Armer, Planning Manager, presented the staff report.
Vice Mayor Badame opened public comment.
Mike Labarbera, 101 North Santa Cruz Avenue Property Owner
- Requested the Council reconsider the floor area ratio and density per acre.
Lee Fagot
- Commented on concerns with the Housing Element process.
PAGE 5 OF 7
SUBJECT: Minutes of the Town Council Meeting of December 5, 2023
DATE: December 5, 2023
Public Hearing Item #11 – continued
Tony Alarcon
- Commented on concerns with the Draft Housing Element and the height of the proposed
project on this site.
Stanford Stickney
- Commented on Post Office and would like it to remain at the current location.
Vice Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Moore to approve the staff recommendation and
introduce the ordinance. Seconded by Council Member Rennie.
Council further discussed the item.
Council Member Rennie withdrew his second. Motion failed for lack of a second.
No action was taken.
Mayor Ristow re-entered the Council Chambers.
Mayor Ristow called a recess at 8:22 p.m.
Mayor Ristow reconvened the meeting at 8:30 p.m.
OTHER BUSINESS
12. Adopt a Resolution, Based on Planning Commission Recommendations, Modifying the
Height Pole and Netting Policy for Additions and New Construction. The Proposed
Modifications to Town Policy are Not Considered a Project Under the California
Environmental Quality Act. Project Location: Town Wide. Applicant: Town of Los Gatos.
Jennifer Armer, Planning Manager, presented the staff report.
Mayor Ristow opened public comment.
Lee Quintana
- Commented on animated visual renderings and inquired who would be responsible for
creating renderings.
Lee Fagot
- Commented on creating an image from different perspectives on a site.
PAGE 6 OF 7
SUBJECT: Minutes of the Town Council Meeting of December 5, 2023
DATE: December 5, 2023
Other Business Item #12 – continued
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Hudes to adopt the staff recommendation (Item A in
the staff report), excluding balloons and include all other language noted in item A;
revise the Story Pole Policy to impose video renderings and signage requirements for
buildings over 55 feet in height and remove the story pole requirement as stated in
the Desk Item. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Hudes to adopt the staff recommendation (Item B in
the staff report which is to require that accurate representations of the height and
massing of adjacent existing structures; videos that show the project from the street
from a pedestrian level and speed; views of all sides of the proposed structures; and
a representation of how the building could affect views of the hills) for specifications
for animated visual renderings and to add that the renderings will be performed by a
consultant that is approved by staff in a similar manner to other consultants that are
used for subject matter expertise with the clarification that the developer will pay
for the renderings. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Moore to remove the story pole requirement on
multifamily and mixed-use projects and require visual renderings and signage
requirements or the option to use story poles. Seconded by Council Member
Rennie.
VOTE: Motion passed 4-1. Council Member Hudes voted no.
MOTION: Motion by Vice Mayor Badame to reject the Planning Commission recommendation
(which was to limit the length of installation to no more than 30 days after the first
public hearing) and maintain story poles until a decision has been made on the
project and the appeal period has ended. Seconded by Council Member Hudes.
VOTE: Motion fails 2-3. Mayor Ristow, Council Member Rennie, Council Member Moore
voted no.
PAGE 7 OF 7
SUBJECT: Minutes of the Town Council Meeting of December 5, 2023
DATE: December 5, 2023
Other Business Item #12 – continued
MOTION: Motion by Council Member Moore to modify the Story Pole [Policy] to limit the
length of installation to no more than 60 days after the first public hearing.
Seconded by Council Member Rennie.
VOTE: Motion passed 3-2. Vice Mayor Badame and Council Member Hudes voted no.
MOTION: Motion by Council Member Moore to require QR codes, email contact, and a link to
the project on the signage and require that signage be posted within 30 days of
initial staff technical review of a pending application for all projects that are publicly
noticed. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Badame to reject the Planning Commission recommendation
regarding exceptions and maintain the existing process which requires Town Council
review. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 10:41 p.m.
Respectfully Submitted:
_____________________________________
/s/ Jenna De Long, Deputy Town Clerk
Agenda
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
DECEMBER 05, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
LOS GATOS, CA
7:00 PM
PARTICIPATION IN THE PUBLIC PROCESS
Maria Ristow, Mayor
Mary Badame, Vice Mayor
Matthew Hudes, Council Member
Rob Moore, Council Member
Rob Rennie, 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
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 Tuesdays 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]
Page 1
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
DECEMBER 05, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E.
Main Street and virtually through the Zoom webinar application (log-in information provided
below). Members of the public may provide public comments for agenda items in-person or
virtually through the Zoom webinar by following the instructions listed below. The live stream
of the meeting may be viewed on television and/or online
at www.LosGatosCA.gov/TownYouTube.
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/87922005778?pwd=RnNadElXWEVQd290dDJJVzEwaEw3Zz09
Passcode: 771495. You can also type in 879 2200 5778 in the “Join a Meeting” page on
the Zoom website at https://zoom.us/join.
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.
Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651
0008 US Toll. Conference code: 686100
If you are participating by calling in, press #2 on your telephone keypad to raise your
hand.
In-Person: If you wish to speak during the meeting, please complete a “speaker’s card”
located on the back of the chamber benches and return it to the Town Clerk. If you wish
to speak to an item on the agenda, please list the item number. If you wish to speak on
an item NOT on the agenda, please list the subject and you may speak during the
“Verbal Communications” period. The time allocated to speakers may change to better
facilitate the Town Council meeting.
When called to speak, you may 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 Clerk@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.
Page 2
MEETING CALL TO ORDER
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an
emergency circumstance requiring a Council Member to participate remotely under AB 2449
(Government Code 54953)).
PLEDGE OF ALLEGIANCE
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 Minutes of the November 21, 2023 Closed Session Town Council Meeting.
2. Approve Minutes of the November 21, 2023 Town Council Meeting.
3. Adopt a Resolution Declaring Certain Hazardous Vegetation Growing in the Town of Los
Gatos to be a Public Nuisance, Describing Properties Where Such Nuisance Exists, and
Setting a Public Hearing Date of January 16, 2024 to Consider Objections to the
Proposed Abatement of Hazardous Vegetation for Properties Listed on the 2024 Weed
Abatement Program Commencement Report and Order the Abatement.
4. Authorize the Town Manager to Execute the Fourth Amendment to the Consulting
Services Agreement with ActiveWayz Engineering Extending the Term to December 31,
2024 for the Shannon Road Pedestrian and Bikeways Improvement Project (CIP No. 813-
0218).
5. Parking Program Implementation-Wayfinding Signage (CIP No. 813-0242):
a. Approve the Plans and Specifications; and
b. Authorize Advertising the Project for Bid.
6. Receive Fiscal Year (FY) 2022/23 Status Report on Receipt and Use of Development
Impact Fees.
7. Adopt the Emergency Procurement Policy as Recommended by the Policy Committee.
8. Receive Report on Remote Participation at Town Commissions, Boards, and Committees
with Discussion Points Identified by the Council Policy Committee.
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.)
Page 3
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
9. Approve an Amendment to the Employment Agreement Between the Town of Los Gatos
and the Town Manager and Authorize Salary and Benefits Budget Adjustments in the
Amount of $15,682 from Available General Fund Capital/Special Projects Reserve.
10. 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 $5,897 from Available General Fund Capital/Special Projects Reserve.
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total
of five minutes maximum for opening statements. Members of the public may be allotted up to
three minutes to comment on any public hearing item. Applicants/Appellants and their
representatives may be allotted up to a total of three minutes maximum for closing
statements. Items requested/recommended for continuance are subject to Council’s consent at
the meeting.)
11. Approve a Recommendation of the Planning Commission to Introduce an Ordinance
Titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing
Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height,
Floor Area Ratio, and Lot Coverage for Residential Development on the Following Site:
101 South Santa Cruz Avenue.” An Environmental Impact Report was Prepared and
Certified for the 2040 General Plan Update on June 30, 2022, which Included the
Proposed Zoning Code Amendments. No further Environmental Analysis is Required.
Zoning Code Amendment Application Z-23-003. Applicant: Town of Los Gatos.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
12. Adopt a Resolution, Based on Planning Commission Recommendations, Modifying the
Height Pole and Netting Policy for Additions and New Construction. The Proposed
Modifications to Town Policy are Not Considered a Project Under the California
Environmental Quality Act. Project Location: Town Wide. Applicant: Town of Los Gatos.
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. Copies of desk items distributed to members of the Council at the
meeting are available for review in the Town Council Chambers.
Note: In accordance with Code of Civil Procedure §1094.6; litigation challenging a quasi-adjudicatory decision of the Town Council
must be brought within 90 days after the decision is final unless a shorter time is required by State or Federal law.
Page 4
Get email alerts for Los Gatos
A daily email when new agendas and minutes are posted.