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Town Council Meeting

Regular Meeting

Los Gatos, CA · May 6, 2025

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS COUNCIL AGENDA REPORT Minutes of the Town Council Meeting Tuesday, May 6, 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 (participating remotely), Council Member Maria Ristow. Absent: None. PLEDGE OF ALLEGIANCE Radmehr Mojudi led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Hudes presented a National Police Week Proclamation, Affordable Housing Month Proclamation, a Historic Preservation Month Proclamation and a Building Safety Month Proclamation. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve the Minutes of the April 15, 2025 Town Council Closed Session Meeting. 2. Approve the Minutes of the April 15, 2025 Town Council Special Meeting. 3. Approve the Minutes of the April 15, 2025 Town Council Meeting. 4. Award and Authorize the Town Manager to Execute a Contract for the 2025 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) to Spektren Engineering Inc. in an Amount Not to Exceed $162,200, Authorize the Town Manager to Execute Change Orders in an Amount Not to Exceed $16,220 (10% Contract Contingency), and Approve Project Construction Documents. 5. Adopt Resolutions Approving the Engineer’s Report for all Landscape and Lighting Districts for Fiscal Year 2025/26, Adopt Resolutions of Intention to Order the Levy and Collection of Assessments for the Associated Benefit Zones, and set the Date for the Public Hearing Regarding the Levy and Collection of Assessments. Resolutions 2025-013, Resolutions 2025-014, Resolutions 2025-015, Resolutions 2025-016, Resolutions 2025- 017, Resolutions 2025-018, and Resolution 2025-019 6. Authorize the Town Manager to Execute an Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to Increase the Compensation for Fiscal Year 2024-25 By $15,000 for a Fiscal Year 2024-25 Annual Amount Not to Exceed $215,000 and a Total Agreement Amount Not to Exceed $1,115,000 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 6 SUBJECT: Minutes of the Town Council Meeting of May 6, 2025 DATE: May 6, 2025 7. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $2,973 to Recognize Receipt and Expenditure of California Library Services Act Grant Funds. 8. Approve Resolution Supporting Efforts of Santa Clara County to Provide Universal Childcare. Resolution 2025-020 Mayor Hudes, Council Member Ristow, and Vice Mayor Moore commented on Item number eight. Mayor Hudes opened public comment. Gus Who - Commented on item number two. Lynley Hogan - Provided comments related to Item eight. Jaria Jaung, Build the Future - Commented on item number eight. Mayor Hudes closed public comment. MOTION: Motion by Council Member Ristow to approve consent items one through eight. Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously by roll call vote VERBAL COMMUNICATIONS Will Whitney - Commented on the upcoming Billy Jones Railroad, 120th Birthday Celebration event on June 1, 2025. Gus Who - Commented on a variety of topics of personal interest, including recent events, legal matters, identification requirements, emergency preparedness, and various published articles Joe Enz - Commented on concerns with a damaged fence near St. Luke’s Church. Wayne Heimsoth - Commented on preserving the old fire station and proposed repurposing it as a veteran’s center for use by veterans and other organizations PAGE 3 OF 6 SUBJECT: Minutes of the Town Council Meeting of May 6, 2025 DATE: May 6, 2025 Lynley Hogan - Commented on concerns with a spiritual decline in the Town. PUBLIC HEARINGS 9. Fee and Fine Schedules for Fiscal Year 2025-26: a. Adopt a Resolution Approving the Comprehensive Fee Schedule for Fiscal Year 2025- 26 to Continue Certain Department Fees, Rates, and Charges, and Amending Certain Fees, Rates, and Charges for Fiscal Year 2025-26. b. Adopt a Resolution Approving the Administrative Fine and Penalty Schedule for Fiscal Year 2025-26 to Continue Certain Department Fines and Amending Certain Fines for Fiscal Year 2025-26. Gitta Ungvari, Finance Director, presented the staff report. Council asked preliminary questions. Mayor Hudes opened public comment. No one spoke. Mayor Hudes closed public comment. Council discussed the item. MOTION: Motion by Council Member Ristow to adopt a resolution approving the Comprehensive Fee Schedule for Fiscal Year 2025-26 to continue certain department fees, rates, and charges, and amending certain fees, rates, and charges for Fiscal Year 2025-26 as outlined in Attachment 1, and adopt a resolution approving the Administrative Fine and Penalty Schedule for Fiscal Year 2025-26 to continue certain department fines and amending certain fines for Fiscal Year 2025-26 in Attachment 3 with the exception that no changes are made to the items involving CUPs (Conditional Use Permits) and discuss them later. AMENDMENT: change the fee for tree appeals [fee 223] to the CPI (Consumer Price Index) adjustment, changing the fee from $107 to $110; and approve the Conditional Use Permits with the exception of the top-line fees in line items 158, 159, and 160 to only be a $1,000 increase and the Engineering Development Review Service Fee (bottom-line in line items 158, 159, and 160) would increase as indicated by staff. Seconded by Council Member Badame. VOTE: Motion passed unanimously by roll call vote. Mayor Hudes called a recess at recess at 8:31. PAGE 4 OF 6 SUBJECT: Minutes of the Town Council Meeting of May 6, 2025 DATE: May 6, 2025 Mayor Hudes reconvened the meeting at 8:45 p.m. 10. Consider the Recommendation of the Planning Commission for Adoption of a Resolution to Amend the General Plan to Allow 100 Percent Affordable Housing Projects as a By- Right Use in the Mixed Use Commercial General Plan Land Use Designation and Adoption of an Ordinance to Amend Chapter 29 (Zoning Regulations) of the Town Code to Add 100 Percent Affordable Housing Projects as a Permitted Use in the Restricted Commercial Highway (CH) Zone, Pursuant to Implementation Program AB of the 2023- 2031 Housing Element. The Proposed Amendments are Not Subject to the California Environmental Quality Act ("CEQA") Because the Amendments Being Proposed are Not a Project Under CEQA Pursuant to Section 21065 of the Public Resources Code and Section 15378 of the State CEQA Guidelines. Additionally, the Adoption of this Resolution and Ordinance are Exempt Pursuant to CEQA, Section 15061(b)(3) in that it Can be Seen with Certainty that they Will Not Impact the Environment. General Plan Amendment Application GP-24-004 and Zoning Code Amendment Application A-24-010. Project Location: Town Wide. Applicant: Town of Los Gatos. Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning Regulations,” of the Town Code Adding 100 Percent Affordable Housing Projects as a Permitted Use in the Restricted Commercial Highway (CH) Zone Pursuant to Implementation Program AB of the 2023-2031 Housing Element. Sean Mullin, Planning Manager, presented the staff report. Council asked preliminary questions. Mayor Hudes opened public comment. Leigh Fagot - Commented on affordable housing and requiring environmental review for new developments. Manuel Salazer - Commented on Affordable Housing and spoke in support of the item. Carren Yamamoto - Commented on affordable housing and requested clarification on what size and type of units are considered “affordable.” Mayor Hudes closed public comment. Council discussed the item. PAGE 5 OF 6 SUBJECT: Minutes of the Town Council Meeting of May 6, 2025 DATE: May 6, 2025 MOTION: Motion by Vice Mayor Moore Adoption of a Resolution to amend the General Plan to allow 100 percent Affordable Housing Projects as a By-Right Use in the Mixed Use Commercial General Plan Land Use Designation and introduce an Ordinance to amend Chapter 29 (Zoning Regulations) of the Town Code to add 100 percent Affordable Housing Projects as a permitted use in the Restricted Commercial Highway (CH) Zone, pursuant to the implementation Program AB of the 2023-2031 Housing Element. Seconded by Council Member ALTERNATE MOTION: Motion by Mayor Hudes to refer [this resolution] back to staff to evaluate whether and where 100% affordable housing could be implemented judiciously within the area set forth, and to contact and collaborate with HCD (California Department of Housing & Community Development) and to bring [the item] back to Council with further consideration. Seconded by Council Member Badame. VOTE: Alternate Motion passed unanimously by roll call vote. OTHER BUSINESS 11. Approve the Revised Town Council Code of Conduct Policy 2-4 and Adopt New Board, Committee, and Commission Code of Conduct Policy Wendy Wood, Town Clerk, presented the staff report. Council asked preliminary questions. Mayor Hudes opened public comment. Jeffrey Suzuki - Commented on concern with the proposed Commissioner Code of Conduct. Emily Thomas - Commented on the Code of Conduct and spoke about some concerns. Gordon Yamate - Commented on concerns with the proposed Commissioner Code of Conduct. Ali Miano - Commented on concerns with the proposed Commissioner Code of Conduct. Carmen Lo - Commented on concerns with the proposed Commissioner Code of Conduct. Mayor Hudes closed public comment. PAGE 6 OF 6 SUBJECT: Minutes of the Town Council Meeting of May 6, 2025 DATE: May 6, 2025 Council discussed the item. Mayor Hudes called a recess at recess at 11:03 p.m. Mayor Hudes reconvened the meeting at 11:10 p.m. Mayor Hudes recommended continuing this item and to consider holding a Study Session with the full Council to discuss ideas. No action was taken. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Badame stated she participated in meetings of a resident wildfire advisory group, Creek Trail head connector project ribbon cutting; attend Council Policy Committee meeting, two Finance Commission meetings as an observer, West Valley Storm Water Authority meeting and a Solid Waste Management Authority meeting. - Council Member Ristow stated she attended the Leadership Los Gatos graduation. - Vice Mayor Moore stated he toured the El Camino Hospital in Los Gatos; attended the Leadership Los Gatos graduation, two Finance Commission meetings, Arbor Day tree planting, attended the Spring into Green, Art Now, and VTA Capitol Program Committee meeting. - Council Member Rennie stated he has nothing to report. - Mayor Hudes stated he attended the Creek Trail ribbon cutting, Los Gatos Police Academy graduation; attended Town Hall by Senator Liccardo and Penetta, West Valley Mayor and Managers meeting, the DEI Commission Special Meeting, and the Community Health and Senior Services Commission meeting. Closed Session Report Gabrielle Whelan, Town Attorney, stated the Town Council will be going into Closed Session to discuss one item of existing litigation and two item of potential litigation in accordance with Government Code section 54956.9. Town Manager Matters - No additional comments or reports were provided. ADJOURNMENT The meeting adjourned at 11:27 p.m. Respectfully Submitted: _____________________________________ /s/ Keara Johnson, Deputy Town Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA MAY 6, 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. This meeting will be teleconferenced pursuant to Government Code Section 54953(b)(3). Council Member Rob Rennie will be participating via teleconference from a location at Via San Giorgio 17 Lucca, Italy. The teleconference locations shall be accessible to the public and the agenda will be posted at the teleconference location 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/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. 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: Comments will be limited to three (3) minutes or less at the Mayor’s discretion. 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). 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. Persons wishing to make a visual presentation may do so only on an item listed on the agenda 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 PRESENTATIONS i. National Police Week Proclamation ii. Affordable Housing Month Proclamation iii. Historic Preservation Month Proclamation iv. Building Safety Month Proclamation 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 April 15, 2025 Town Council Closed Session Meeting. 2. Approve the Minutes of the April 15, 2025 Town Council Special Meeting. 3. Approve the Minutes of the April 15, 2025 Town Council Meeting. 4. Award and Authorize the Town Manager to Execute a Contract for the 2025 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) to Spektren Engineering Inc. in an Amount Not to Exceed $162,200, Authorize the Town Manager to Execute Change Orders in an Amount Not to Exceed $16,220 (10% Contract Contingency), and Approve Project Construction Documents 5. Adopt a Resolution Approving the Engineer’s Report for all Landscape and Lighting Districts for Fiscal Year 2025/26, Adopt Resolutions of Intention to Order the Levy and Collection of Assessments for the Associated Benefit Zones, and set the Date for the Public Hearing Regarding the Levy and Collection of Assessments 6. Authorize the Town Manager to Execute an Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to Increase the Compensation for Fiscal Year 2024-25 By $15,000 for a Fiscal Year 2024-25 Annual Amount Not to Exceed $215,000 and a Total Agreement Amount Not to Exceed $1,115,000 7. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $2,973 to Recognize Receipt and Expenditure of California Library Services Act Grant Funds 8. Approve Resolution Supporting Efforts of Santa Clara County to Provide Universal Childcare Page 2 of 4 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 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.) 9. Fee and Fine Schedules for Fiscal Year 2025-26: a. Adopt a Resolution Approving the Comprehensive Fee Schedule for Fiscal Year 2025- 26 to Continue Certain Department Fees, Rates, and Charges, and Amending Certain Fees, Rates, and Charges for Fiscal Year 2025-26. b. Adopt a Resolution Approving the Administrative Fine and Penalty Schedule for Fiscal Year 2025-26 to Continue Certain Department Fines and Amending Certain Fines for Fiscal Year 2025-26. 10. Consider the Recommendation of the Planning Commission for Adoption of a Resolution to Amend the General Plan to Allow 100 Percent Affordable Housing Projects as a By-Right Use in the Mixed Use Commercial General Plan Land Use Designation and Adoption of an Ordinance to Amend Chapter 29 (Zoning Regulations) of the Town Code to Add 100 Percent Affordable Housing Projects as a Permitted Use in the Restricted Commercial Highway (CH) Zone, Pursuant to Implementation Program AB of the 2023-2031 Housing Element. The Proposed Amendments are Not Subject to the California Environmental Quality Act ("CEQA") Because the Amendments Being Proposed are Not a Project Under CEQA Pursuant to Section 21065 of the Public Resources Code and Section 15378 of the State CEQA Guidelines. Additionally, the Adoption of this Resolution and Ordinance are Exempt Pursuant to CEQA, Section 15061(b)(3) in that it Can be Seen with Certainty that they Will Not Impact the Environment. General Plan Amendment Application GP-24-004 and Zoning Code Amendment Application A-24-010. Project Location: Town Wide. Applicant: Town of Los Gatos. Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning Regulations,” of the Town Code Adding 100 Percent Affordable Housing Projects as a Permitted Use in the Restricted Commercial Highway (CH) Zone Pursuant to Implementation Program AB of the 2023-2031 Housing Element. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 11. Approve the Revised Town Council Code of Conduct Policy 2-4 and Adopt New Board, Committee, and Commission Code of Conduct Policy Page 3 of 4 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]. NOTE: 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/. Page 4 of 4

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