Council Meeting
Regular MeetingLos Gatos, CA · March 19, 2024
Minutes
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
Minutes of the Town Council Meeting
Tuesday, March 19, 2024
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing
teleconferencing means on Tuesday, March 19, 2024, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:01 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore,
Council Member Rob Rennie, Council Member Maria Ristow.
Absent: None
PLEDGE OF ALLEGIANCE
Kyna Malhotra led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Badame presented a proclamation to American Red Cross volunteer Jim Yoke.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Minutes of the March 5, 2024 Closed Session Town Council Meeting.
2. Approve Minutes of the March 5, 2024 Town Council Meeting.
3. Receive the Monthly Financial and Investment Report for January 2024.
4. Reschedule to April 2, 2024 the Consideration of the Adoption of a Resolution 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.
5. Accept the Annual Progress Report for General Plan and Housing Element Implementation.
6. Authorize the Town Manager to Negotiate and Execute a Sub-Lease with the United States
Postal Service (USPS) for Parking Spaces Located at 15 Montebello Way.
7. Actions Related to Purchasing a Police Vehicle:
a. Authorize the Town Manager to Purchase One 2025 Ford Interceptor Pursuit Vehicle
from Folsom Lake Ford in an Amount not to Exceed $56,606; and
b. Authorize the Town Manager to Execute a Purchase Order with Lehr to Build Up One
Police Vehicle in an Amount not to Exceed $31,810; and c. Authorize an Expenditure
Budget Adjustment in and Amount of $88,416 from the Available Equipment
Replacement Fund.
8. Authorize the Town Manager to Execute a Contract Amendment to Contract for Legal
Services with the Law Firm of Atchison, Barisone & Condotti to Increase Contract Amount in
an Amount Not to Exceed $150,000.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
PAGE 2 OF 8
SUBJECT: Minutes of the Town Council Meeting of March 19, 2024
DATE: March 19, 2024
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Rennie to approve consent items 1-8. Seconded by
Council Member Ristow.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
John Shepardson
- Commented on the Mirassou Elementary School fields and requested Council protect the
open space.
OTHER BUSINESS
9. Adopt a Resolution Suspending Resolution Nos. 2024-003, 2024-004, and 2024-005
Regarding the Transportation Impact Fee.
Gabrielle Whelan, Town Attorney, presented the staff report.
Council asked preliminary questions.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Ristow to continue the item to April 2. Seconded by
Vice Mayor Hudes.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
10. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos
Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding Appeals from the
Decision by the Planning Director, Appeals from the Decision of the Historic Preservation
Committee, Assignment of Duties to the Planning Director, Assignment of Duties to the
Planning Commission, Powers and Duties of Planning Commission, Powers and Duties of the
Planning Director, and Powers and Duties of the Historic Preservation Committee” and
PAGE 3 OF 8
SUBJECT: Minutes of the Town Council Meeting of March 19, 2024
DATE: March 19, 2024
Adopt a Resolution Titled “Resolution of the Town Council of the Town of Los Gatos
Amending the Enabling Resolution of the Historic Preservation Committee and Rescinding
Resolution 2021-043.” The Proposed Amendments to the Town Code are Not Considered a
Project Under Section 15378 of the California Environmental Quality Act. Town Code
Amendment Application A-24-001. Applicant: Town of Los Gatos. Project Planner: Sean
Mullin. RESOLUTION 2024-012
Sean Mullin, Senior Planner, presented the staff report.
Council asked preliminary questions.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to introduce an ordinance titled “An Ordinance
of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning
Regulations,’ of the Town Code Regarding Appeals from the Decision by the Planning
Director, Appeals from the Decision of the Historic Preservation Committee,
Assignment of Duties to the Planning Director, Assignment of Duties to the Planning
Commission, Powers and Duties of Planning Commission, Powers and Duties of the
Planning Director, and Powers and Duties of the Historic Preservation Committee”
and adopt a resolution titled “Resolution of the Town Council of the Town of Los
Gatos Amending the Enabling Resolution of the Historic Preservation Committee and
Rescinding Resolution 2021-043.” (Attachment 2). AMENDMENT: Make the findings
that the environmental impacts of the proposed amendments to the Town Code are
not considered a project under Section 15378 of the California Environmental
Quality Act (Attachment 1, Section X); and make the required finding that the
amendments to Chapter 29 of the Town Code in the draft Ordinance are consistent
with the General Plan (Attachment 1, Section XI); Seconded by Council Member
Ristow.
VOTE: Motion passed 3-2. Vice Mayor Hudes and Mayor Badame voted no.
11. Introduce an Ordinance Titled, “An Ordinance of the Town Council of the Town of Los Gatos
Amending Chapter 1, Article III, ‘Administrative Citations,’ Chapter 11, ‘Garbage, Refuse,
and Weeds,’ and Chapter 16, ‘Noise’ of the Town Code.”
PAGE 4 OF 8
SUBJECT: Minutes of the Town Council Meeting of March 19, 2024
DATE: March 19, 2024
Marina Chislett, Environmental Services Manager, presented the staff report.
Council asked preliminary questions.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Moore to “An Ordinance of the Town Council of the
Town of Los Gatos Amending Chapter 1, Article III, ‘Administrative Citations,’
Chapter 11, ‘Garbage, Refuse, and Weeds,’ and Chapter 16, ‘Noise’ of the Town
Code.” Seconded by Vice Mayor Hudes.
VOTE: Motion passed unanimously.
Recess 7:58 p.m.
Reconvene 8:11 p.m.
12. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos
Amending the Zoning from C-1 (Neighborhood Commercial) to RD (Residential Duplex) for
Properties Located at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080,
and 15081 Downing Oak Court.” APNs 523-41-024, -033, -025, -032, -026, 031, -030, -027, -
029, and -028. Exempt pursuant to CEQA Guidelines 15061 (b)(3): Review for Exemption.
Zoning Amendment Application Z-24-002. Applicant: Town of Los Gatos. Project Planner:
Sean Mullin.
Sean Mullin, Senior Planner, presented the staff report.
Council asked preliminary questions.
Mayor Badame opened public comment.
Lee Quintana
- Commented on the zoning and density in the areas surrounding the Downing Oak Court
properties.
Mayor Badame closed public comment.
Council discussed the item.
PAGE 5 OF 8
SUBJECT: Minutes of the Town Council Meeting of March 19, 2024
DATE: March 19, 2024
MOTION: Motion by Mayor Badame to introduce “An Ordinance of the Town Council of the
Town of Los Gatos Amending the Zoning from C-1 (Neighborhood Commercial) to RD
(Residential Duplex) for Properties Located at 15025, 15026, 15039, 15040, 15053,
15054, 15066, 15067, 15080, and 15081 Downing Oak Court.” Seconded by Council
Member Ristow.
Town Attorney Whelan confirmed that implicit in the motion was to make the findings
regarding CEQA and consistency with the General Plan.
Mayor Badame confirmed.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Hudes to consider future General Plan Land Use designation
and Zoning amendments for medium density residential. Seconded by Mayor
Badame.
VOTE: Motion passed 3-2. Council Members Rennie and Ristow voted no.
OTHER BUSINESS
13. Approve Legislative Priorities with Regard to State, Federal, and Regional Legislation.
Katy Nomura, Assistant Town Manager, presented the staff report.
Mayor Badame opened public comment.
Jeff Suzuki
- Commented on concerns and spoke in opposition of endorsing more punitive measures of
theft.
Cameron Peeters
- Commented on his experience with the Police Department.
Mayor Badame closed public comment.
Council discussed the item.
PAGE 6 OF 8
SUBJECT: Minutes of the Town Council Meeting of March 19, 2024
DATE: March 19, 2024
MOTION: Motion by Council Member Rennie to monitor item 2 [AB 3109 (Muratsuchi) –
Theft]. Seconded by Council Member Moore.
Council Member Rennie clarified his motion is to keep the item on the active list.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Rennie to move item 4 (Clarifications regarding SB 9
related to High Fire Hazard Severity Zones) to the active list. Seconded by Mayor
Badame.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Rennie to add Assembly Member Pellerin’s bill related
to election deep fakes and Artificial Intelligence (AI) to the passive list.
AMENDMENT: Include SB 1228 from Senator Steve Padilla, AB 2839 from Assembly
Member Gail Pellerin, and AB 2655 from Assembly Member Mark Burman.
Seconded by Council Member Moore.
VOTE: Motion passed 4-1. Mayor Badame voted no.
MOTION: Motion by Vice Mayor Hudes to move items 8 (Fire Protection and Insurance) and
12 (Beach Traffic) to a higher priority on the passive list. AMENDMENT: move items
8 and 12 above the VLF [Protect Vehicle License Fee (VLF) and Educational Revenue
Augmentation Fund (ERAF)] item. Seconded by Mayor Badame.
VOTE: Motion passed unanimously.
14. Receive an Update on Unhoused Initiatives, Authorize Revenue and Expenditure Budget
Adjustments in the Amount of $1,417.50 to Recognize a Reimbursement, and Provide Any
Direction.
Katy Nomura, Assistant Town Manager, presented the staff report.
Mayor Badame opened public comment.
Tim O’Rorke, Society of Saint Vincent de Paul at Saint Mary’s Church
- Commented in support of the recommendations and requested the Council consider
funding a Case Manager.
PAGE 7 OF 8
SUBJECT: Minutes of the Town Council Meeting of March 19, 2024
DATE: March 19, 2024
Steve Hall, Society of Saint Vincent de Paul at Saint Mary’s Church
- Commented on the positive impacts of unhoused services.
Jeff Suzuki, Los Gatos Anti-Racism Coalition
- Commented in support of allocating $50,000 to continue funding unhoused services and
requested Council consider adopting a case management system.
Dr. Beverley Bryant
- Commented in support of the recommendations.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to accept the staff recommendation to remove
extreme heat factors from the program but leave in air quality as a factor and
explore criteria options; authorize a revenue and expenditure budget adjustments in
the amount of $1,417.50 to recognize a reimbursement for the temporary restroom
services, include $60,000 in the upcoming budget for unhoused initiatives; and
explore and bring back to Council options for case management. Seconded by
Council Member Moore.
VOTE: Motion passed unanimously.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Ristow stated she attended the Silicon Valley Clean Energy Authority
(SVCEA) Board Meeting, Valley Transportation Authority (VTA) Policy Advisory Committee
(PAC) meeting, Live Oak Day Service welcoming of the incoming Executive Director, Finance
Commission meeting as an observer, Little League Opening Day; and met with local mayors,
residents, the Chamber of Commerce Executive Director, and the North 40 developer.
- Council Member Moore stated he held his community coffee; stated appreciation for the
Library staff; met with a variety of people including the North 40 developer; visited the Los
Gatos United Methodist Shower Ministry; attended Cities Association Legislative Action
Committee, attended Little League Opening Day and the Music in the Park St. Patrick’s Day
Celebration.
- Council Member Rennie stated he met with New Museum Los Gatos (NUMU) Executive
Director; and participated in the Finance Commission meeting.
- Vice Mayor Hudes stated he attended the Foundation for Older Adults to Thrive meetings;
announced the upcoming Foundation for Older Adults to Thrive Monday Matinee; met with
residents concerning housing and the Housing Element; participated in the Finance
Commission meeting; attended the Cities Association Board of Directors meeting; and met
with NUMU Executive Director and Board Member.
PAGE 8 OF 8
SUBJECT: Minutes of the Town Council Meeting of March 19, 2024
DATE: March 19, 2024
- Mayor Badame stated she met NUMU Executive Director and Board Member; attended the
Finance Commission as an observer, Little League Opening Day, Pi Day Celebration at
Mathnasium; and met with residents on various topics.
Manager Matters
- Announced the Library will be closed on March 20, 2024.
- Announced the Spring into Green event will be on April 21, 2024.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session on March 15
to discuss public employee appointment pursuant to Government Code Section 54957 and met
on March 19 to discuss real estate negotiations pursuant to Government Code 54956.8 and
stated there was no reportable action out of either meeting.
ADJOURNMENT
The meeting adjourned in memory of Ira Spector at 10:04 p.m.
Respectfully Submitted:
____________________________
Jenna De Long, Deputy Town Clerk
Agenda
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
MARCH 19, 2024
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
Mary Badame, Mayor
Matthew Hudes, Vice Mayor
Rob Moore, Council Member
Rob Rennie, Council Member
Maria Ristow, Council Member
IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E. Main
Street and virtually through Zoom Webinar (log-in information provided below). 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.
HOW TO PARTICIPATE
The public is welcome to provide oral comments in real-time during the meeting in three ways:
Zoom Webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device. Please click this
URL to join: https://losgatosca-gov.zoom.us/j/87343508612?pwd=g6cSuz5IUXw-
tcYdTqBNHvV4H39pfg.nzFsRpaTVSmnTXIV
Passcode: 099349 You can also type in 873 4350 8612 in the “Join a Meeting” page on the
Zoom website at https://zoom.us/join and use passcode: 099349.
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.
Telephone: Please dial (877) 3361839 for US Toll-free or (636) 651-0008 for US
Toll. (Conference code: 686100)
If you are participating by calling in, press #2 on your telephone keypad to raise your
hand.
In-Person: Please complete a “speaker’s card” located on the back of the chamber benches
and return it to the Town Clerk before the meeting or when the Mayor announces the item
for which you wish to speak.
NOTES: (1) Comments will be limited to three (3) minutes or less at the Mayor’s discretion.
(2) 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). All comments
received will become part of the record.
(3) Deadlines to submit written comments are:
11:00 a.m. the Thursday before the Council meeting for inclusion in the agenda packet.
11:00 a.m. the Monday before the Council meeting for inclusion in an addendum.
11:00 a.m. on the day of the Council meeting for inclusion in a desk item.
(4) Persons wishing to make an audio/visual presentation must submit the presentation
electronically to Clerk@losgatosca.gov no later than 3:00 p.m. on the day of the Council meeting.
Page 1
CALL MEETING 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
PRESENTATIONS
i. Red Cross Month
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 1 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 March 5, 2024 Closed Session Town Council Meeting.
2. Approve Minutes of the March 5, 2024 Town Council Meeting.
3. Receive the Monthly Financial and Investment Report for January 2024.
4. Reschedule to April 2, 2024 the Consideration of the Adoption of a Resolution 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.
5. Accept the Annual Progress Report for General Plan and Housing Element
Implementation.
6. Authorize the Town Manager to Negotiate and Execute a Sub-Lease with the United
States Postal Service (USPS) for Parking Spaces Located at 15 Montebello Way.
7. Actions Related to Purchasing a Police Vehicle:
a. Authorize the Town Manager to Purchase One 2025 Ford Interceptor Pursuit Vehicle
from Folsom Lake Ford in an Amount not to Exceed $56,606; and
b. Authorize the Town Manager to Execute a Purchase Order with Lehr to Build Up One
Police Vehicle in an Amount not to Exceed $31,810; and
c. Authorize an Expenditure Budget Adjustment in and Amount of $88,416 from the
Available Equipment Replacement Fund.
8. Authorize the Town Manager to Execute a Contract Amendment to Contract for Legal
Services with the Law Firm of Atchison, Barisone & Condotti to Increase Contract Amount
in an Amount Not to Exceed $150,000.
Page 2
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on
any matter that is not listed on the agenda and is within the subject matter jurisdiction of the
Town Council. The law generally prohibits the Town Council from discussing or taking action on
such items. However, the Council may instruct staff accordingly. To ensure all agenda items are
heard, this portion of the agenda is limited to 30 minutes. In the event additional speakers were
not able to be heard during the initial Verbal Communications portion of the agenda, an
additional Verbal Communications will be opened prior to adjournment. Each speaker is limited to
no more than three (3) minutes or such time as authorized by the Mayor.)
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
9. Adopt a Resolution Suspending Resolution Nos. 2024-003, 2024-004, and 2024-005
Regarding the Transportation Impact Fee.
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.)
10. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los
Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding Appeals
from the Decision by the Planning Director, Appeals from the Decision of the Historic
Preservation Committee, Assignment of Duties to the Planning Director, Assignment of
Duties to the Planning Commission, Powers and Duties of Planning Commission, Powers
and Duties of the Planning Director, and Powers and Duties of the Historic Preservation
Committee” and Adopt a Resolution Titled “Resolution of the Town Council of the Town of
Los Gatos Amending the Enabling Resolution of the Historic Preservation Committee and
Rescinding Resolution 2021-043.” The Proposed Amendments to the Town Code are Not
Considered a Project Under Section 15378 of the California Environmental Quality Act.
Town Code Amendment Application A-24-001. Applicant: Town of Los Gatos. Project
Planner: Sean Mullin.
11. Introduce an Ordinance Titled, “An Ordinance of the Town Council of the Town of Los
Gatos Amending Chapter 1, Article III, ‘Administrative Citations,’ Chapter 11, ‘Garbage,
Refuse, and Weeds,’ and Chapter 16, ‘Noise’ of the Town Code.”
12. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los
Gatos Amending the Zoning from C-1 (Neighborhood Commercial) to RD (Residential
Duplex) for Properties Located at 15025, 15026, 15039, 15040, 15053, 15054, 15066,
15067, 15080, and 15081 Downing Oak Court.” APNs 523-41-024, -033, -025, -032, -026, -
031, -030, -027, -029, and -028. Exempt pursuant to CEQA Guidelines 15061 (b)(3):
Review for Exemption. Zoning Amendment Application Z-24-002. Applicant: Town of Los
Gatos. Project Planner: Sean Mullin.
Page 3
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
13. Approve Legislative Priorities with Regard to State, Federal, and Regional Legislation.
14. Receive an Update on Unhoused Initiatives, Authorize Revenue and Expenditure Budget
Adjustments in the Amount of $1,417.50 to Recognize a Reimbursement, and Provide Any
Direction.
COUNCIL / MANAGER MATTERS
CLOSED SESSION REPORT
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council
votes for an extension of time.)
ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354- 6834.
Notification at least two (2) business days prior to the meeting date will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting. [28 CFR §35.102-35.104]
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