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Town Council Meeting

Regular Meeting

Los Gatos, CA · September 16, 2025

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS COUNCIL AGENDA REPORT Minutes of the Town Council Meeting Tuesday, September 16, 2025 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 Mayor Hudes invited six members of Scout Troop 2 to lead the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Marico Sayoc, representative from Supervisor Abe-Koga Office, and Brian Darrow, representative from the Office of the County Executive, County of Santa Clara, gave a presentation on the impact of federal budget cuts and the County’s response. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve the Minutes of the September 2, 2025, Town Council Closed Session Meeting. 2. Approve the Minutes of the September 2, 2025, Town Council Meeting. 3. Receive the Monthly Financial and Investment Report for July 2025 4. Authorize the Town Manager to Execute the First Amendment to the Agreement with the Rotary Club of Los Gatos Regarding their Donation of an “Oak Grove” at Live Oak Manor Park 5. Authorize the Town Manager to Execute an Agreement for Services with DLR Group and Make Associated Budget Adjustments 6. Authorize the Town Manager to Execute a Notice of Completion for the 2025 Annual Curb, Gutter and Sidewalk Maintenance Project (Legacy CIP No. 813-9921, New Project No. 4118120) and Authorize Staff to Record the Notice of Completion 7. Take Actions to Proceed with Executing an Agreement for Construction Services with Casey Construction, Inc. to Complete the Annual Storm Drain Improvements: Vasona Storm Drain Replacement (Phase 1) (Legacy CIP No. 25-816-0420; New Project No. 4618304, 4628305, 4638306) 8. Authorize the Town Manager to Purchase Replacement Police Department Mobile Data Computers from CDCE Incorporated for an Amount Not to Exceed $130,000.00 110 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 September 16, 2025 DATE: October 7, 2025 9. Authorize the Town Manager or Designee to Enter into a Legal Services Agreement for Fiscal Year (FY) 2025-26 with the law firm of Goldfarb & Lipman for Land Use Counsel in an Amount Not to Exceed $100,000 and Amend the Goldfarb & Lipman Agreement (Term 07/21/2022 to 6/30/ 2025) to add $1,938.73 10. Adopt an Ordinance Amending Chapter 14, “Licenses and Miscellaneous Business Regulations,” Article V, “Police Alarms,” of the Town Code to Require Alarm Permits for Residences and Render Residential False Alarms Subject to Penalties Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Article V, “Police Alarms,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of the Town Code. Ordinance 2375 Mayor Hudes opened public comment. Member of the Public - Commented on concerns related to item two. Mayor Hudes closed public comment. MOTION: Motion by Council Member Badame to approve items one through ten. Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously. MOTION: Motion by Mayor Hudes to reschedule agenda item 14. Seconded by Council Member Ristow. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Susan Bassi - Commented on concerns regarding code enforcement proceedings, alleged misconduct, and public records compliance. Member of the Public - Commented on various concerns. Jeff Suzuki, Los Gatos Anti-Racism Coalition - Commented on presentation given by the representatives of Santa Clara County and encouraged the council to endorse Measure A. Gary Montrezza, Pathway Society - Commented in support of Measure A and spoke about the services his organization provides. PAGE 3 OF 7 SUBJECT: Minutes of the Town Council Meeting of September 16, 2025 DATE: October 7, 2025 Cristina dela Fuente - Commented on Measure A and encouraged community members to vote in favor of the measure. Kylie Clark - Commented on Measure A and encouraged the council to endorse the measure. Kathy Mattingly, Los Gatos Anti-Racism Coalition - Commented on the impacts of cuts and reductions. Alison Brunner - Commented on Measure A and encouraged the council to endorse the measure. Linda Swenberg - Commented on high-level emergency needs and noted that Measure A is a general use sales tax James Na - Commented on concerns with e-bike safety, and proposed recommendations to help remedy the issue. PUBLIC HEARING 11. Consider a Request for Approval to Modify Planned Development Ordinance 1281 to Increase the Maximum Floor Area Ratio (FAR) and Lot Coverage for Property Zoned R- M:5-12:PD. Located at 130 Vasona Oaks Drive. APN 424-42-008. Exempt Pursuant to CEQA Guidelines, Section 15061 Review for Exemption (b)(3). Planned Development Amendment Application PD-25-002. Applicant: Elad Batito, Green Bay Remodeling Inc. Property Owner: Ken MacDonald. Project Planner: Samina Merchant. Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Repealing and Replacing Planned Development Ordinance 1281 Establishing Development Standards and Allowable Uses for Lots within the Planned Development Overlay Zone Relative to the Maximum Floor Area Ratio and the Maximum Lot Coverage Allowed on Lot 8 in the Vasona Oaks Subdivision at Vasona Oaks Drive. Samina Merchant, Associate Planner, presented the staff report. Mayor Hudes opened public comment. SuLing, the architect from SLC Design, gave a brief presentation. Mayor Hudes closed public comment. Council discussed the item. PAGE 4 OF 7 SUBJECT: Minutes of the Town Council Meeting of September 16, 2025 DATE: October 7, 2025 MOTION: Motion by Council Member Badame to accept the Planning Commission’s recommendation and introduce a new ordinance repealing and replacing Planned Development Ordinance 1281 to increase the maximum floor area ratio (FAR) and lot coverage for property zoned R-M:5-12:PD, located at 130 Vasona Oaks Drive. Seconded by Council Member Ristow VOTE: Motion passed unanimously OTHER BUSINESS 12. Authorize the Town Manager to Execute a Fourth Amendment with HdL Companies for Business License Discovery and Compliance Audit Services, Sales and Use Tax Management and Audit Services, and Transient Occupancy Tax (TOT) Audit Services with a Total Contract Not to Exceed of $451,500 plus CPI; and Approve a Resolution Granting a Waiver of Business License Late Fee Penalties for Businesses Undergoing the Business License Discovery and Compliance Audit Process. Resolution 2025-049 Gitta Ungvari, Finance Director, presented the staff report. Mayor Hudes opened public comment. Nadine Swenberg - Commented on concerns with the proposed amendment, accessibility of business license information and fees on the website, and contractor incentives. Mayor Hudes closed public comment. Council discussed the item. MOTION: Motion by Council Member Ristow to authorize the Town Manager to execute a Fourth Amendment with HdL Companies for business license discovery and compliance audit services, sales and use tax management and audit services, and transient occupancy tax (TOT) audit services with a total contract not to exceed of $451,500 plus CPI; and approve a resolution granting a waiver of business license late fee penalties for businesses undergoing the business license discovery and compliance audit process. AMENDMENT: to verify that accuracy and update the website, ensuring all links are working prior to initiation of the audit. Seconded by Council Member Rennie. ALTERNATE MOTION: Motion by Council Member Badame to have a continuance, to get an explanation of the shortfall and assurance that website is ready to move forward. Seconded by Mayor Hudes. PAGE 5 OF 7 SUBJECT: Minutes of the Town Council Meeting of September 16, 2025 DATE: October 7, 2025 VOTE: Alternate Motion failed by a 2-3 vote. Vice Mayor Moore, Council Member Rennie, and Council Member Ristow voted no. VOTE: Original Motion passed by a 3-2 vote. Mayor Hudes and Council Member Badame voted no. Mayor Hudes called a recess at 9:23 p.m. Mayor Hudes reconvened the meeting at 9:37 p.m. 13. Wildfire and Emergency Management Initiatives Update and Adopt the Updated Emergency Operations Plan Resolution 2025-050 Chris Todd, Emergency Manager, presented the staff report. Council discussed the item. Mayor Hudes opened public comment. Rob Stump - Commented on the three initiatives, evacuation planning, outdoor warning system, and vegetation management. Peter Hertan - Commented in support of the wildfire audible alert system. Rhonda Raider - Commented on Firewise program, hardening homes, and defensible space. Linda Swenberg - Commented on concerned with conflicting ordinances, tree replacements, and funding for these initiatives. Mayor Hudes closed public comment. Council discussed the item further. MOTION: Motion by Council Member Ristow to adopt a resolution approving the updated Emergency Operations Plan (EOP) as outlined in the report. Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously. PAGE 6 OF 7 SUBJECT: Minutes of the Town Council Meeting of September 16, 2025 DATE: October 7, 2025 COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Rennie had nothing to report. - Vice Mayor Moore stated he attended the West Valley Community College Universal Food ribbon cutting, a Youth Commission meeting, an event at Beyond Text, the Finance Commission meeting, and the West Valley Sanitation District meeting. Vice Mayor Moore discussed the proposal provided for E-Bike and E-Motorcycle Safety related to education, registration, legislation, and enforcement. Three members of the Council expressed interest in having this topic discussed further at a future meeting. MOTION: Motion by Vice Mayor Moore to instruct staff to do some level of work on addressing e-bike and e-motorcycle safety in the Town of Los Gatos and come back to the Town Council with a report within two months. Seconded by Council Member Ristow. VOTE: Motion passed unanimously. - Council Member Ristow stated she met with Eden and Grovner regarding North Forty Phase II; attended West Valley College new campus dining, the Silicon Valley Clean Energy Board of Directors meeting, the Valley Transportation Authority (VTA) Policy Advisory Committee meeting, the Oktoberfest event, and the Chamber of Commerce update meeting. - Council Member Badame stated she attended the West Valley Storm Water Authority Board meeting, the West Valley Solid Waste Management Authority Board meeting, and the Taste of Los Gatos. - Mayor Hudes stated he participated in the District 5 Mayors' call with Supervisor Margaret Abe-Koga, the Taste of Los Gatos, the Octoberfest event, the Community Center leadership meeting, the Finance Commission meeting, met with a real estate group, meeting with Los Gatos Chamber Commerce, and Cities Association Board of Directors meeting. Town Manager Matters - Spoke about West Valley College programs. Closed Session Report - Gabrielle Whelan, Town Attorney, stated that the Town Council met in closed session to conduct a conference with its labor negotiators pursuant to Government Code section §54957.6, and there is no reportable action. ADJOURNMENT The meeting adjourned at 11:24 p.m. PAGE 7 OF 7 SUBJECT: Minutes of the Town Council Meeting of September 16, 2025 DATE: October 7, 2025 Respectfully Submitted: _____________________________________ /s/ Keara Johnson, Deputy Town Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA SEPTEMBER 16, 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). You may watch the Council meeting without providing public comment on Comcast cable channel 15 or at www.LosGatosCA.gov/TownYouTube. Members of the public may provide public comments for agenda items in-person or virtually by following the instructions listed at the end of the agenda. To watch and participate via Zoom, please go to: https://losgatosca-gov.zoom.us/j/86730363468?pwd=pfKQoh92JnbwOYwFvZqIdSSWpjxYoK.1 Enter Passcode: 577971 CALL MEETING TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATIONS i. Santa Clara County: Impact of Federal Budget Cuts to Residents 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 located at the end 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 September 2, 2025, Town Council Closed Session Meeting. RECOMMENDATION: Approve the Minutes of the September 2, 2025, Town Council Closed Session Meeting. 2. Approve the Minutes of the September 2, 2025, Town Council Meeting. RECOMMENDATION: Approve the Minutes of the September 2, 2025, Town Council Meeting. Page 1 of 6 3. Receive the Monthly Financial and Investment Report for July 2025 RECOMMENDATION: Receive the Monthly Financial and Investment Reports for July 2025. 4. Authorize the Town Manager to Execute the First Amendment to the Agreement with the Rotary Club of Los Gatos Regarding their Donation of an “Oak Grove” at Live Oak Manor Park RECOMMENDATION: Authorize the Town Manager to Execute the First Amendment (Attachment 1) to the agreement with the Rotary Club of Los Gatos regarding their donation of an “Oak Grove” at Live Oak Manor Park. 5. Authorize the Town Manager to Execute an Agreement for Services with DLR Group and Make Associated Budget Adjustments RECOMMENDATION: Authorize the Town Manager to execute an agreement for services (Attachment 1) with DLR Group in an amount not to exceed $98,100 for an assessment of the Police Operations Building (Legacy CIP No. 821-2404, New Project No. 4118735); and authorize an expenditure budget increase in the amount of $23,100 from the available General Fund Appropriated Reserves. 6. Authorize the Town Manager to Execute a Notice of Completion for the 2025 Annual Curb, Gutter and Sidewalk Maintenance Project (Legacy CIP No. 813-9921, New Project No. 4118120) and Authorize Staff to Record the Notice of Completion RECOMMENDATION: Accept the 2025 Annual Curb, Gutter and Sidewalk Maintenance Project (Legacy CIP No. 813-9921, New Project No. 4118120) and authorize the Town Manager to execute a Notice of Completion; and direct staff to record the Notice of Completion. 7. Take Actions to Proceed with Executing an Agreement for Construction Services with Casey Construction, Inc. to Complete the Annual Storm Drain Improvements: Vasona Storm Drain Replacement (Phase 1) (Legacy CIP No. 25-816-0420; New Project No. 4618304, 4628305, 4638306) RECOMMENDATION: Authorize the Town Manager to award and execute a public works contract with Casey Construction, Inc. (Attachment 1) in the amount of $101,052 for the Annual Storm Drain Improvements Project: Vasona Storm Drain Replacement (Phase 1) (Legacy CIP No. 25-816-0420; New Project No. 4618304, 4628305, 4638306); authorize the Town Manager to execute change orders in an amount not to exceed $15,158 which represents fifteen percent (15%) of the contract award amount for a total contract amount not to exceed $116,210; approve the project construction documents per Government Code 830.6 – Design Immunity; and find this project to be Categorically Exempt under Section 15302(c) (replace or reconstruct existing utility systems or facilities) of the California Environmental Quality Act. Page 2 of 6 8. Authorize the Town Manager to Purchase Replacement Police Department Mobile Data Computers from CDCE Incorporated for an Amount Not to Exceed $130,000.00 RECOMMENDATION: Authorize the Town Manager to purchase replacement Police Department Mobile Data Computers (MDCs) from CDCE Incorporated for an amount not to exceed $130,000.00. The purchase will be made utilizing available budgeted funds through a cooperative purchasing agreement. 9. Authorize the Town Manager or Designee to Enter into a Legal Services Agreement for Fiscal Year (FY) 2025-26 with the law firm of Goldfarb & Lipman for Land Use Counsel in an Amount Not to Exceed $100,000 and Amend the Goldfarb & Lipman Agreement (Term 07/21/2022 to 6/30/ 2025) to add $1,938.73 RECOMMENDATION: Authorize the Town Manager or designee to enter into a Legal Services Agreement for FY 2025-26 with the law firm of Goldfarb & Lipman for land use counsel in an amount not to exceed $100,000, and amend the Goldfarb & Lipman Agreement (Term 07/21/2022 to 6/30/ 2025) to add $1,938.73. 10. Adopt an Ordinance Amending Chapter 14, “Licenses and Miscellaneous Business Regulations,” Article V, “Police Alarms,” of the Town Code to Require Alarm Permits for Residences and Render Residential False Alarms Subject to Penalties Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Article V, “Police Alarms,” of Chapter 14, “Licenses and Miscellaneous Business Regulations,” of the Town Code RECOMMENDATION: Adopt an Ordinance Amending Chapter 14, “Licenses and Miscellaneous Business Regulations,” Article V, “Police Alarms,” of the Town Code to Require Alarm Permits for Residences and Render Residential False Alarms Subject to Penalties. 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.) 11. Consider a Request for Approval to Modify Planned Development Ordinance 1281 to Increase the Maximum Floor Area Ratio (FAR) and Lot Coverage for Property Zoned R- M:5-12:PD. Located at 130 Vasona Oaks Drive. APN 424-42-008. Exempt Pursuant to CEQA Guidelines, Section 15061 Review for Exemption (b)(3). Planned Development Page 3 of 6 Amendment Application PD-25-002. Applicant: Elad Batito, Green Bay Remodeling Inc. Property Owner: Ken MacDonald. Project Planner: Samina Merchant. Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Repealing and Replacing Planned Development Ordinance 1281 Establishing Development Standards and Allowable Uses for Lots within the Planned Development Overlay Zone Relative to the Maximum Floor Area Ratio and the Maximum Lot Coverage Allowed on Lot 8 in the Vasona Oaks Subdivision at Vasona Oaks Drive. RECOMMENDATION: Accept the Planning Commission’s recommendation and introduce a new Ordinance repealing and replacing Planned Development Ordinance 1281 to increase the maximum floor area ratio (FAR) and lot coverage for property zoned R-M:5- 12:PD, located at 130 Vasona Oaks Drive. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 12. Authorize the Town Manager to Execute a Fourth Amendment with HdL Companies for Business License Discovery and Compliance Audit Services, Sales and Use Tax Management and Audit Services, and Transient Occupancy Tax (TOT) Audit Services with a Total Contract Not to Exceed of $451,500 plus CPI; and Approve a Resolution Granting a Waiver of Business License Late Fee Penalties for Businesses Undergoing the Business License Discovery and Compliance Audit Process. RECOMMENDATION: Authorize the Town Manager to execute a Fourth Amendment with HdL Companies for Business License Discovery and Compliance Audit Services, Sales and Use Tax Management and Audit Services, and Transient Occupancy Tax (TOT) Audit Services with a Total Contract Not to Exceed of $451,500 plus CPI; and approve a resolution granting a waiver of Business License late fee penalties for businesses undergoing the Business License Discovery and Compliance Audit process. 13. Wildfire and Emergency Management Initiatives Update and Adopt the Updated Emergency Operations Plan RECOMMENDATION: Receive an update on emergency preparedness initiatives and adopt a resolution approving the updated Emergency Operations Plan (EOP). 14. Adopt a Resolution to Modify Town Council Policy 1-08: “Transportation Impact Policy” to Update the Project List, Modify Charges for Affordable Housing and Allow for Charges on Accessory Dwelling Units in Excess of 750 Square Feet RECOMMENDATION: Adopt a Resolution (Attachment 1) to Modify Town Council Policy 1- 08: “Transportation Impact Policy” to Update the Project List, Modify Charges for Affordable Housing and Allow for Charges on Accessory Dwelling Units ADUs in Excess of 750 Square Feet. COUNCIL / MANAGER MATTERS . Councilmember Request to Discuss E-Bike Safety and Consider Direction Related to Education, Registration, Legislation, and Enforcement. Page 4 of 6 RECOMMENDATION: Discussion of E-bike safety and consideration to direct a future item being agendized regarding a proposal to enhance e-bike safety. 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 currently under construction and will be inaccessible until further notice. Individuals who require the use of that ramp to attend meetings should contact the Clerk’s Office at least two (2) business days in advance to arrange for alternative accommodations. 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 the Town’s website at www.losgatosca.gov. Town Council agendas and related materials can be viewed online at https://losgatos-ca.municodemeetings.com/. HOW TO PARTICIPATE 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 public is welcome to provide oral comments in real-time during the meeting in three ways: Zoom Webinar (Online): To participate from a PC, Mac, iPad, iPhone or Android device. Please use this URL to join: https://losgatosca- gov.zoom.us/j/86730363468?pwd=pfKQoh92JnbwOYwFvZqIdSSWpjxYoK.1 Passcode: 577971. You can also type in 867 3036 3468 in the “Join a Meeting” page on the Zoom website at www.zoom.us and use passcode 577971. When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. Telephone: To participate by phone please dial 1 (408) 961-3927 or 1 (855) 758-1310 for US Toll-free and use conference code: 867 3036 3468. When the Mayor announces the item for which you wish to speak, press *9 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 submit 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). Page 5 of 6 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 Friday and Monday before the Council meeting for inclusion in an addendum. -11:00 a.m. the day of the Council meeting for inclusion in a desk item. Page 6 of 6

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