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Town Council Meeting

Regular Meeting

Los Gatos, CA · March 4, 2025

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS COUNCIL AGENDA REPORT Minutes of the Town Council Meeting Tuesday, March 4, 2025 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 7:03 P.M. ROLL CALL Present: Mayor Matthew Hudes, Vice Mayor Rob Moore, Council Member Mary Badame, Council Member Rob Rennie, Council Member Maria Ristow. Absent: None PLEDGE OF ALLEGIANCE The Stratford School Student Council led the Pledge of Allegiance. The audience was invited to participate. The Mayor stated the public hearing items will be heard after the consent items and before the other business items. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve the Minutes of the February 11, 2025 Town Council Special Meeting. 2. Approve the Minutes of the February 18, 2025 Closed Session Town Council Meeting. 3. Approve the Minutes of the February 18, 2025 Town Council Meeting. 4. Approve the Minutes of the February 21, 2025 Town Council Closed Session Meeting. 5. Authorize the Town Manager of Designee to Execute a Reimbursable Grant Agreement with Silicon Valley Clean Energy in the amount of $173,184 for the Installation of Electric Vehicle Charging Infrastructure at the Parks and Public Works Yard and Authorize Budget Adjustments to Establish a New Capital Improvement Project to Account for the Revenue and Expenditures of this Funding. 6. Authorize the Town Manager to execute the Fourth Amendment to the Tyler Technologies Agreement to Reallocate Existing Contracted Services and Increase Compensation by $58,630 for a New Total Contract Amount Not to Exceed $1,378,621. 7. Approve and Authorize the Town Manager to Execute a Side Letter of Agreement Between the Town of Los Gatos, the Police Officers’ Association (POA), the Town Employees’ Association (TEA), and the American Federation of State, County, and Municipal Employees (AFSCME) Related to the Police Hiring Referral Bonus and Approve the Police Hiring Referral Bonus for Confidential Employees. 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 4, 2025 DATE: March 4, 2025 Mayor Hudes opened public comment. Gus Who - Commented on item four, stating concerns with the Town defending the Council Members and requested mediation. Mayor Hudes closed public comment. MOTION: Motion by Council Member Badame to approve consent items one through seven. Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Marico Sayoc, Office of Supervisor Abe-Koga - Commented on partnering with the Town on the upcoming priorities for Supervisor Abe- Koga. Will Whitney, Billy Jones Wildcat Railroad - Commented on the Oak Meadow pedestrian bridge and stated it will be closed between April and May for maintenance. Carin Yamamoto - Commented on safety concerns with proposed SB 330 developments. Lee Fagot - Commented on concerns with new development related to safety, infrastructure, and preserving the Town’s character. Council Member Badame stated that she will recuse herself from the next item because her personal residence is within 1,000 feet of the project site, and left the Council Chambers. PUBLIC HEARINGS 10. Consider a Recommendation by the Planning Commission to Approve Architecture and Site, Conditional Use Permit, and Subdivision Applications to Demolish Existing Hotel Structures (Los Gatos Lodge), Construct a Multi-Family Residential Development (155 Units), Approve a Condominium Vesting Tentative Map, Site Improvements Requiring a Grading Permit, and Remove Large Protected Trees Under Senate Bill 330 (SB 330) on Property Zoned CH:PD:HEOZ. Located at 50 Los Gatos-Saratoga Road. APNs 529-24-032, 529-24-001, and 529-24-003. No Additional Environmental Review is Necessary Pursuant to CEQA Guidelines Section 15183: Streamlining Process, Since the Proposed Project’s Environmental Impacts were Adequately Addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as Applicable. Architecture and Site Application S-23-042, Conditional Use Permit Applications U-23-017, and Subdivision Application M-23-009. PAGE 3 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 4, 2025 DATE: March 4, 2025 Property Owner: Keet S. Nerhan. Applicant: SummerHill Homes, LLC. Project Planner: Sean Mullin. RESOLUTION 2025-006 The Council provided the following disclosures:  Council Member Rennie stated he has met with the applicant and visited the site.  Vice Mayor Moore stated he has met with the applicant and visited the site.  Mayor Hudes stated he has met with the applicant and walked the site.  Council Member Ristow stated she has met with the applicant and walked the site. Gabrielle Whelan, Town Attorney, gave a presentation on Senate Bill 330 (SB330). Council asked preliminary questions. Mayor Hudes opened public comment. John Hickey, Applicant, provided opening comments and gave a presentation on the proposed project. Rob Stump - Commented on concerns with safety and traffic congestion. Nick Lansen, McCarthy Development - Commented in support of the project. Steve Piaseki - Commented concerns with the project design, safety, and traffic congestion. Gloria - Commented in support of the project. John Hickey, Applicant, provided closing comments and addressed speaker comments. Mayor Hudes closed public comment. Council asked questions and discussed the item. Mayor Hudes called a recess at 9:05 p.m. Mayor Hudes reconvened the meeting at 9:16 p.m. Council asked additional questions and discussed the item. PAGE 4 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 4, 2025 DATE: March 4, 2025 MOTION: Motion by Council Member Rennie to adopt the draft resolution in Attachment 2 and make the required findings and approve the Architecture and Site, the Conditional Use Permit, the Subdivision Applications, and the Conditions of Approval. Seconded by Council Member Ristow. VOTE: Motion passed 4-0. Council Member Badame recused. Council Member Badame returned to the Council Chambers. 11. Consider an Appeal of a Planning Commission Decision to Approve a Request to Construct a New Single-Family Residence with Reduced Side and Rear Yard Setbacks, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees on Vacant Property Zoned R-1:20. Located at 45 Reservoir Road. APN 529-33-054. Architecture and Site Application S-22-048. Categorically Exempt according to CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures. Property Owner: Farnaz Agahian. Applicant: Gary Kohlsaat, Architect. Appellant: Mary J. Vidovich. Project Planner: Sean Mullin. Sean Mullin, Planning Manager, presented the staff report. Council provided the following disclosures:  Council Member Rennie stated he met with the appellant and a neighbor and visited the site.  Vice Mayor Moore stated he visited and met with the appellant.  Council Member Ristow stated she visited the site, walked the access road, and met with the appellant.  Council Member Badame stated she met with the appellant and walked the site and roadway.  Mayor Hudes stated he met with the appellant and walked the site. Mayor Hudes opened public comment. Mary J. Vidovich, Appellant, provided opening comments and discussed the reasons for the appeal. Gary Kohlsaat, Architect, provided opening comments and discussed the project. Paul Paspa - Commented on concerns with the size of the proposed project. Kathleen Watson - Commented on concerns with safety, tree protection, and the size of the proposed project. PAGE 5 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 4, 2025 DATE: March 4, 2025 Gary Kohlsaat, Architect, provided closing comments and addressed speaker comments. Mary J. Vidovich, Appellant, provided closing comments stating her concerns with the project. Mayor Hudes closed public comment. Council asked questions and discussed the item. MOTION: Motion by Council Member Badame to have staff prepare a resolution to grant the appeal, remand the application back to the Planning Commission with direction to reduce the building footprint and consideration of the (least restrictive development areas) LRDA and reduce the volume. Seconded by Vice Mayor Moore. VOTE: Motion passed 4-1. Council Member Ristow voted no. MOTION: Motion by Council Member Ristow [to extend the meeting to] no later than 12:30 [a.m.] Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously. Mayor Hudes called a recess at 11:33 p.m. Mayor Hudes reconvened the meeting at 11:42 p.m. 12. Conduct a Public Hearing for Appeal of Administrative Citation VL-19-362 (16660 Cypress Way) for Violations of the Los Gatos Town Code Related to Grading and Building and Adopt a Resolution Upholding the Administrative Citation and Imposing Costs According to Proof. RESOLUTION 2025-008 Mayor Hudes stated the process of the appeal. Gabrielle Whelan, Town Attorney, stated the appeal is limited to the December 13, 2024, and January 16, 2025, correspondence submitted by the appellants. Mayor Hudes opened public comment. Lance Bayer, Special Counsel, provided opening comments and addressed the concerns stated in the December 13, 2024, correspondence. Josh Balsur, Counsel for Appellant, provided opening comments and provided an update on the required permits. Scott Watson, Neighbor - Commented on the citations and litigation with the appellant. PAGE 6 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 4, 2025 DATE: March 4, 2025 Ivy Chang, Neighbor - Commented in support of adopting a resolution to order the payment of fees. Josh Balsur, Appellant, provided closing comments. Lance Bayer, Special Counsel, provided closing comments. Mayor Hudes closed public comment. Council asked questions and discussed the item. MOTION: Motion by Council Member Badame to adopt a resolution in Attachment 6 upholding the administrative citation and imposing costs according to proof. Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Moore to extend [the meeting] until 12:45 [a.m.] Seconded by Council Member Ristow. VOTE: Motion passed unanimously. OTHER BUSINESS 8. Adopt a Resolution Defining Timed Parking in Downtown Parking Lots and Streets and Authorize Town Staff to Continue Contracting for Ongoing Parking Management Support Services. RESOLUTION 2025-007 Nicolle Burnham, Parks and Public Works Director, presented the staff report. Mayor Hudes opened public comment. No one spoke. Mayor Hudes closed public comment. Council asked questions and discussed the item. MOTION: Motion by Council Member Ristow to contract ongoing parking management support services and adopt a resolution of the Town Council of the Town of Los Gatos establishing parking regulations including time limits, date and time of enforcement, and parking permits exemptions for public parking areas downtown and in the olive zone, as presented in the Desk Item with the updated map. Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously. PAGE 7 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 4, 2025 DATE: March 4, 2025 9. Approve the 2025 Work Plan Recommended by the Diversity, Equity, and Inclusion (DEI) Commission. Katy Nomura, Assistant Town Manager, presented the staff report. Mayor Hudes opened public comment. Gordon Yamate, Diversity, Equity, and Inclusion Commission Chair - Commented that he is available to answer any questions for this item. Mayor Hudes closed public comment. Council discussed the item. MOTION: Motion by Council Member Badame to extend [the meeting] until 1:00 [a.m.] Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Ristow to approve the DEI Commission’s workplan for 2025. Seconded by Vice Mayor Moore. VOTE: Motion passed 4-0. Mayor Hudes abstained. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Badame stated she participated in a Council Policy Committee meeting and met with the 45 Reservoir Road appellant. - Council Member Ristow stated she joined volunteers to help improve the Flume Trail; attended Congressman Sam Licardo’s Ceremonial Swearing-In event; attended the Council Policy Committee meeting as an attendee; participated in the Silicon Valley Clean Energy Authority (SVCEA) Finance and Administrative Committee meeting; and met with constituents on a variety of topics. - Vice Mayor Moore stated he attended Congressman Sam Licardo’s Ceremonial Swearing-In event; Assemblymember Alex Li’s Lunar New Year Celebration; met with residents on various topics; and stated that he started a new job leading health care policies for new County Supervisor Margaret Abe-Koga. - Council Member Rennie stated he participated in the Flume Trail building; attended a Silicon Valley Clean Energy Authority (SVCEA) Risk Oversight Committee meeting; and met with Supervisor Margaret Abe-Koga. - Mayor Hudes stated he participated in a Council Policy Committee meeting, West Valley Mayors and Managers meeting, a Community Health and Senior Services Commission meeting, and a Sourcewise Advisory Council meeting. PAGE 8 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 4, 2025 DATE: March 4, 2025 Town Manager Matters - Stated the Mayor and Town Manager discussed fire and disaster response with local cities. Closed Session Report Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session to discuss initiation of litigation and real property negotiations. With regard to the real property negotiations, there is no reportable action. With regard to the potential initiation of litigation, the Council unanimously authorized the initiation of litigation, and the defendants can be disclosed once the complaint has been filed, unless it would jeopardize the agency's ability to effectuate service of process on one or more unserved parties, or conclude existing settlement negotiations. ADJOURNMENT The meeting adjourned at 12:48 a.m. Respectfully Submitted: _____________________________________ /s/ Jenna De Long, Deputy Town Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA *AMENDED MARCH 04, 2025 110 EAST MAIN STREET AND TELECONFERENCE TOWN COUNCIL CHAMBERS 7:00 PM Matthew Hudes, Mayor Rob Moore, Vice Mayor Mary Badame, 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 use this URL to join: https://losgatosca- gov.zoom.us/j/85481444677?pwd=561kip53XZTmhrTCwGDoNCvDTWQnwJ.1 Passcode: 535103. You can also type in 854 8144 4677 in the “Join a Meeting” page on the Zoom website at www.zoom.us and use passcode 535103. o 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) o 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). (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 may do so only on agenda items and 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 of 4 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 (Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may remove an item 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 the Minutes of the February 11, 2025 Town Council Special Meeting. 2. Approve the Minutes of the February 18, 2025 Closed Session Town Council Meeting. 3. Approve the Minutes of the February 18, 2025 Town Council Meeting. 4. Approve the Minutes of the February 21, 2025 Town Council Closed Session Meeting. 5. Authorize the Town Manager of Designee to Execute a Reimbursable Grant Agreement with Silicon Valley Clean Energy in the amount of $173,184 for the Installation of Electric Vehicle Charging Infrastructure at the Parks and Public Works Yard and Authorize Budget Adjustments to Establish a New Capital Improvement Project to Account for the Revenue and Expenditures of this Funding. *6. Authorize the Town Manager to execute the Fourth Amendment to the Tyler Technologies Agreement to Reallocate Existing Contracted Services and Increase Compensation by $58,630 for a New Total Contract Amount Not to Exceed $1,378,621. 7. Approve and Authorize the Town Manager to Execute a Side Letter of Agreement Between the Town of Los Gatos, the Police Officers’ Association (POA), the Town Employees’ Association (TEA), and the American Federation of State, County, and Municipal Employees (AFSCME) Related to the Police Hiring Referral Bonus and Approve the Police Hiring Referral Bonus for Confidential Employees. 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 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.) PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes 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 Page 2 of 4 may be allotted up to a total of three minutes for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.) 8. Consider a Recommendation by the Planning Commission to Approve Architecture and Site, Conditional Use Permit, and Subdivision Applications to Demolish Existing Hotel Structures (Los Gatos Lodge), Construct a Multi-Family Residential Development (155 Units), Approve a Condominium Vesting Tentative Map, Site Improvements Requiring a Grading Permit, and Remove Large Protected Trees Under Senate Bill 330 (SB 330) on Property Zoned CH:PD:HEOZ. Located at 50 Los Gatos-Saratoga Road. APNs 529-24-032, 529-24-001, and 529-24-003. No Additional Environmental Review is Necessary Pursuant to CEQA Guidelines Section 15183: Streamlining Process, Since the Proposed Project’s Environmental Impacts were Adequately Addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as Applicable. Architecture and Site Application S-23-042, Conditional Use Permit Applications U-23-017, and Subdivision Application M-23-009. Property Owner: Keet S. Nerhan. Applicant: SummerHill Homes, LLC. Project Planner: Sean Mullin. 9. Consider an Appeal of a Planning Commission Decision to Approve a Request to Construct a New Single-Family Residence with Reduced Side and Rear Yard Setbacks, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees on Vacant Property Zoned R-1:20. Located at 45 Reservoir Road. APN 529-33-054. Architecture and Site Application S-22-048. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures. Property Owner: Farnaz Agahian. Applicant: Gary Kohlsaat, Architect. Appellant: Mary J. Vidovich. Project Planner: Sean Mullin. 10. Conduct a Public Hearing for Appeal of Administrative Citation VL-19-362 (16660 Cypress Way) for Violations of the Los Gatos Town Code Related to Grading and Building and Adopt a Resolution Upholding the Administrative Citation and Imposing Costs According to Proof. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 11. Adopt a Resolution Defining Timed Parking in Downtown Parking Lots and Streets and Authorize Town Staff to Continue Contracting for Ongoing Parking Management Support Services. 12. Approve the 2025 Work Plan Recommended by the Diversity, Equity, and Inclusion (DEI) Commission. 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. Page 3 of 4 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]. The ADA access ramp to the Town Council Chambers is under construction and will be inaccessible through June 2025. Persons who require the use of that ramp to attend meetings are requested to contact the Clerk’s Office at least two (2) business days prior to the meeting date. NOTICE REGARDING SUPPLEMENTAL MATERIALS Materials related to an item on this agenda submitted to the Town Council after initial distribution of the agenda packets are available for public inspection in the Clerk’s Office at Town Hall, 110 E. Main Street, Los Gatos and on Town’s website at www.losgatosca.gov. Town Council agendas and related materials can be viewed online at https://losgatos-ca.municodemeetings.com/. *This agenda was amended on Friday, February 28, 2025, to reflect an update to the title of Item 6. Page 4 of 4

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