Council Meeting
Regular MeetingLos Gatos, CA · October 15, 2024
Minutes
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
Minutes of the Town Council Meeting
Tuesday, October 15, 2024
7:00 P.M.
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and via
teleconference.
MEETING CALLED TO ORDER AT 7:11 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore
(remote), Council Member Rob Rennie (remote), Council Member Maria Ristow.
Absent: None
PLEDGE OF ALLEGIANCE
Aleksandra Rombakh led the Pledge of Allegiance. The audience was invited to participate.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Closed Session Council Meeting Minutes of October 1, 2024.
2. Approve Council Meeting Minutes of October 1, 2024.
3. Receive the Monthly Financial and Investment Report for August 2024.
4. Vegetation Management – Townwide Open Spaces Project (CIP No. 832-4508):
a. Award and Authorize the Town Manager to Execute a Contract with Anvil Builders Inc.
dba Sonoma Tree Surgery in an Amount Not to Exceed $1,513,712.00; and
b. Authorize Staff to Issue Change Orders in an Amount Not to Exceed 20% of the Contract
Value.
5. Approve the Following Actions Related to Civic Center Improvements:
a. Authorize the Town Manager to Award and Execute a Contract with Alex Kushner
General Inc., for the Americans with Disabilities Act (ADA) Restrooms and HR Offices
Project (CIP No. 821-2117) in an Amount of $450,000;
b. Authorize Staff to Execute Change Orders in an Amount Not to Exceed Twenty Percent
(20%) of the Contract Award Amount; and
c. Approve the Project Construction Plans with Addenda.
6. Authorize the Town Manager to Execute a First Amendment to the Agreement for Services
with Sequoia Ecological Consulting Inc. for an Adjusted Contract Amount of $231,355 for
Vegetation Management – Townwide Open Spaces Project (CIP No. 832-4508).
7. Authorize an Expenditure Budget Adjustment in the Amount of $59,621 in Fiscal Year
2024/2025 from the Available General Fund Capital/Special Project Reserve to Recognize
the Silicon Valley Animal Control Authority (SVACA) Joint Powers Authority Agreement One-
Time Participating Agency Capital Costs.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
PAGE 2 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of October 15, 2024
DATE: October 15, 2024
8. Approve and Authorize the Town Manager to Execute a Side Letter Agreement with the Los
Gatos Police Officers’ Association to Increase Holiday in Lieu Compensation, Add Veterans
Day as a Holiday, and Authorize an Expenditure Budget Adjustment in the Amount of
$35,000 from the Available General Fund Capital/Special Projects Reserve.
Council Member Ristow pulled item five.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to approve consent items one through four and
six through eight. Seconded by Vice Mayor Hudes.
VOTE: Motion passed unanimously by roll call vote.
VERBAL COMMUNICATIONS
Gus
- Read a passage from a book and commented on the World Cup.
Lynley
- Commented on qualities of a good leader.
Rick K
- Commented on concerns with the electoral process, and requested the Council consider
adopting the resolution prepared by United Sovereign Americans.
Jean R
- Read the first portion of the resolution prepared by the United Sovereign Americans.
Dee
- Read the second portion of the resolution prepared by the United Sovereign Americans.
Alicia Schoolcraft
- Read the last portion of the resolution prepared by the United Sovereign Americans.
Teresa
- Requested the Council adopt the resolution prepared by United Sovereign Americans.
Sue
- Commented concerns with the election process, and requested the Council consider
adopting the resolution prepared by the United Sovereign Americans.
PAGE 3 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of October 15, 2024
DATE: October 15, 2024
Linda Swenberg
- Commented on concerns with congestion on Blossom Hill Road and the Complete Streets
and Transportation Commission.
Brian Bertacini
- Commented on concerns with issues in the election process.
Dennis Jamison, Election Integrity Project California
- Commented on concerns with issues in the election process and requested the Council
support the resolution prepared by United Sovereign Americans.
Joe Enz, Friends of the Los Gatos Creek
- Commented on safety concerns and his experience as a library patron.
Rich Stevens
- Thanked the Council for hearing his concerns.
Carin Yamamoto
- Commented on an error with a map on the Town website.
OTHER BUSINESS
9. Authorize the Town Manager to Execute a License Agreement with Flock Safety to Retain
Privately Funded Cameras Installed in the Town of Los Gatos Right-of-Way.
Nicolle Burnham, Parks and Public Works Director, presented the staff report.
Mayor Badame opened public comment.
Fred Faltersack
- Spoke about the intent of the camera installation; and commented on a concern with the
proposed license agreement.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Ristow to authorize the Town Manager to negotiate
and execute a License Agreement with Flock Safety to retain privately funded
cameras installed in the Town of Los Gatos right-of-way in attachment one with the
addition the condition that all data gathered from any cameras on [the] public right-
of-way be shared with the Town and with the Police Department. Seconded by Vice
Mayor Hudes.
VOTE: Motion passed unanimously by roll call vote.
PAGE 4 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of October 15, 2024
DATE: October 15, 2024
10. Receive a Report and Provide Direction to Staff on Potential Reach Code Modifications.
Robert Gray, Chief Building Official, presented the staff report.
Mayor Badame opened public comment.
Johanes Swenberg
- Spoke in support of option one [Repeal Existing Reach Code and Without Adopting
Alternative Requirements] and commented on concerns.
Linda Swenberg
- Spoke in support of option one [Repeal Existing Reach Code and Without Adopting
Alternative Requirements] and commented on concerns.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Moore to direct staff to proceed with Option three
which repeals portions of the existing Reach Code and sets NOx (nitrogen oxide)
emission appliance thresholds that regulate air quality. Seconded by Council
Member Ristow.
VOTE: Motion passed 3-2 by roll call vote. Vice Mayor Hudes and Mayor Badame voted
no.
Mayor Badame called a recess at 9:04 p.m.
The meeting reconvened at 9:14 p.m.
11. Consider the Following Related to the Town’s Fleet and Equipment:
a. Receive a Report Entitled “Town of Los Gatos Fleet Management Analysis”; and
b. Adopt a Resolution to Modify Town Council Policy 4-05 “Town Vehicle and Equipment
Acquisition and Replacement Policy.” RESOLUTION 2024-049
Nicolle Burnham, Director of Parks and Public Works, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
PAGE 5 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of October 15, 2024
DATE: October 15, 2024
MOTION: Motion by Vice Mayor Hudes to receive the report entitled “Town of Los Gatos Fleet
Management Analysis” (Attachment 1) and adopt a resolution to modify Town
Council Policy 4-05: “Town Vehicle and Equipment Acquisition and Replacement
Policy” (Attachment 3). Seconded by Council Member Ristow.
VOTE: Motion passed unanimously by roll call vote.
Pulled Consent Items
5. Approve the Following Actions Related to Civic Center Improvements:
a. Authorize the Town Manager to Award and Execute a Contract with Alex Kushner
General Inc., for the Americans with Disabilities Act (ADA) Restrooms and HR Offices
Project (CIP No. 821-2117) in an Amount of $450,000;
b. Authorize Staff to Execute Change Orders in an Amount Not to Exceed Twenty Percent
(20%) of the Contract Award Amount; and
c. Approve the Project Construction Plans with Addenda.
Nicolle Burnham, Director of Parks and Public Works, presented the staff report.
Mayor Badame opened public comment.
Kimberly Snyder, New Museum Los Gatos (NUMU) Executive Director
- Commented on concerns with the impacts of the project and requested a one-time
mitigation fee.
Julie Micallef, NUMU Board President
- Commented on concerns with the impacts of the project and requested $50,000.
Joanne Rodgers
- Commented on concerns with the projected cost of construction.
Lee Quintana
- Commented on concerns with the project process.
Mayor Badame closed public comment.
Council discussed the item.
PAGE 6 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of October 15, 2024
DATE: October 15, 2024
MOTION: Motion by Council Member Ristow to authorize the Town Manager to award and
execute a contract with Alex Kushner General Inc., for the Americans with
Disabilities Act (ADA) Restrooms and HR Offices Project (CIP No. 821-2117) in an
amount of $450,000 as detailed in attachment one; authorize staff to execute
change orders in an amount not to exceed twenty percent (20%) of the contract
award amount; and approve the project construction plans with addenda. Seconded
by Council Member Moore.
VOTE: Motion passed 3-2 by roll call vote. Vice Mayor Hudes and Mayor Badame voted
no.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Ristow stated she met with the NUMU Executive Director and Board
Members; property owners; developers; president of the Chamber of Commerce; and
residents; attended the League of Women Voters Pros and Cons event; St. Mary’s Country
Fair; the one year celebration for Domas; Rinconada Water Treatment Plant Reliability
Project public meeting; the Unhoused People Environment Summit by Valley Water; and
the Arts and Culture Commission Master Arts Plan public input station at the Library.
- Council Member Moore stated he held his Council Member Community Coffee at Gardenia;
met with the Union School District Superintendent Dr. Carrie Andrews; the Chamber of
Commerce Executive Director, Jennifer Lin; attended a Youth Commission meeting; met
with residents on a variety of topics; and encouraged everyone to register and vote in the
upcoming election.
- Council Member Rennie stated he attended the Silicon Valley Clean Energy Oversight
Authority (SVCEA) Board meeting and a closed session to review the SVCEA CEO.
- Vice Mayor Hudes stated he attended a Los Gatos Thrives Foundation Executive Committee
meeting; the Los Gatos Thrives Foundation Monday Movie; the Los Gatos Thrives
Foundation Community Center Design Workshop; the Sourcewise Commission meeting;
observed a Diversity Equity and Inclusion (DEI) Commission meeting; and participated in the
Cities Association of Santa Clara County Board meeting.
- Mayor Badame stated she participated in Leadership Los Gatos; met with Jim Foley of
Pennant Properties; participated in a ribbon cutting for the 25th anniversary of Kiss &
Makeup Los Gatos; and attended Saratoga’s annual State of the City event; participated in a
ribbon cutting for the 15 year anniversary of Therapy Works; and National School Lunch
Week at Blossom Hill Elementary School handing out lunches with Paul Johnson the
Superintendent of the Los Gatos Union School District.
Town Manager Matters
- Invited the community to give their input on the Public Arts Master Plan at the Los Gatos
Library through Friday.
- Announced the November 5 Council Meeting has been cancelled and Council meetings will
resume on November 19 with the new Town Manager, Chris Constantin.
PAGE 7 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of October 15, 2024
DATE: October 15, 2024
ADJOURNMENT
The meeting adjourned at 10:57 p.m.
Respectfully Submitted:
_____________________________________
/s/ Jenna De Long, Deputy Town Clerk
Agenda
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
OCTOBER 15, 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.
Pursuant to Government Code Section 54953(b)(3), Council Member Rob Moore will be
participating via teleconference from Leeuwenbosch Lodge, Amakhala Game Reserve, Paterson,
6187, South Africa, and Council Member Rob Rennie will be participating via teleconference from
the Hilton Budapest, Hess Andras Ter 1-3, Budapest H-1014, Hungary. The teleconference
locations shall be accessible to the public and the agenda will be posted at the teleconference
locations 72 hours before the meeting.
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 use this URL
to join: https://losgatosca-
gov.zoom.us/j/82232739012?pwd=1zlbRu029_33oyBb9l3AyTZQ7D2MEQ.kN8FbuOklNsmz-Jj
Passcode: 793054 You can also type in 822 3273 9012 in the “Join a Meeting” page on the Zoom
website at zoom.us and use passcode 793054.
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) 336-1839 for US Toll-free or (636) 651-0008 for US Toll. (Conference
code: 1052180)
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 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
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 Closed Session Council Meeting Minutes of October 1, 2024.
2. Approve Council Meeting Minutes of October 1, 2024.
3. Receive the Monthly Financial and Investment Report for August 2024.
4. Vegetation Management – Townwide Open Spaces Project (CIP No. 832-4508):
a. Award and Authorize the Town Manager to Execute a Contract with Anvil Builders Inc.
dba Sonoma Tree Surgery in an Amount Not to Exceed $1,513,712.00; and
b. Authorize Staff to Issue Change Orders in an Amount Not to Exceed 20% of the
Contract Value.
5. Approve the Following Actions Related to Civic Center Improvements:
a. Authorize the Town Manager to Award and Execute a Contract with Alex Kushner
General Inc., for the Americans with Disabilities Act (ADA) Restrooms and HR Offices
Project (CIP No. 821-2117) in an Amount of $450,000;
b. Authorize Staff to Execute Change Orders in an Amount Not to Exceed Twenty Percent
(20%) of the Contract Award Amount; and
c. Approve the Project Construction Plans with Addenda.
6. Authorize the Town Manager to Execute a First Amendment to the Agreement for
Services with Sequoia Ecological Consulting Inc. for an Adjusted Contract Amount of
$231,355 for Vegetation Management – Townwide Open Spaces Project (CIP No. 832-
4508).
7. Authorize an Expenditure Budget Adjustment in the Amount of $59,621 in Fiscal Year
2024/2025 from the Available General Fund Capital/Special Project Reserve to Recognize
the Silicon Valley Animal Control Authority (SVACA) Joint Powers Authority Agreement
One-Time Participating Agency Capital Costs.
8. Approve and Authorize the Town Manager to Execute a Side Letter Agreement with the
Los Gatos Police Officers’ Association to Increase Holiday in Lieu Compensation, Add
Veterans Day as a Holiday, and Authorize an Expenditure Budget Adjustment in the
Amount of $35,000 from the Available General Fund Capital/Special Projects Reserve.
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. Authorize the Town Manager to Execute a License Agreement with Flock Safety to Retain
Privately Funded Cameras Installed in the Town of Los Gatos Right-of-Way.
10. Receive a Report and Provide Direction to Staff on Potential Reach Code Modifications.
11. Consider the Following Related to the Town’s Fleet and Equipment:
a. Receive a Report Entitled “Town of Los Gatos Fleet Management Analysis”; and
b. Adopt a Resolution to Modify Town Council Policy 4-05 “Town Vehicle and Equipment
Acquisition and Replacement Policy.”
COUNCIL / MANAGER MATTERS
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]
Page 3
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