Staff Report.Minutes
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/01/2023 ITEM NO: 4
DRAFT
Minutes of the Town Council Meeting
Tuesday, June 20, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in person and utilizing
teleconferencing means on Tuesday, June 20, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:06 P.M.
ROLL CALL Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes,
Council Member Rob Moore, Council Member Rob Rennie.
Absent: None PLEDGE OF ALLEGIANCE Council Member Hudes led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Midpeninsula Open Space District Board Member Craig Gleason gave a presentation about the
District’s activities.
Mayor Ristow presented commendations to the Police Foundation.
COUNCIL/TOWN MANAGER REPORTS Council Matters
- Council Member Moore stated he hosted a fundraiser for the Los Gatos Anti-Racism
Coalition for a rental assistance program and his monthly Council Member Community
Coffee; met with the Community Health and Senior Services Chair and separately met with
Los Gatos Union School District Superintend Paul Johnson; and attended the West Valley
Sanitation District meeting and the Housing Element Advisory Board meeting.
- Vice Mayor Badame stated she met with residents on various issues; and attended the
Shannon Road community meeting and the Conceptual Development Advisory Committee
meeting.
- Council Member Hudes stated he met with members of a newly formed group Friends of
Los Gatos Older Adults, attended the Housing Element Advisory Board meeting,
commented on concern with the housing element and requested a joint study session with
the Planning Commission to review the potential impacts of state law related to pre-
applications under Senate Bill 330, and participated in the Association of Bay Area
Government’s General Membership meeting.
- Council Member Rennie stated he met with Town seniors who are working on the
implementation of the Senior Roadmap; and attended the Santa Clara County Local Agency
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Formation Commission 60-year lunch celebration, the Casa Diablo for Geothermal Plan
ribbon cutting ceremony, the Silicon Valley Clean Energy Board meeting and Study Session,
and the Cities Association dinner.
- Mayor Ristow attended the Conceptual Development Advisory Committee meeting, the
Cities Association Annual Membership Dinner, a couple ribbon cuttings, the beautification
committee meeting, and the Council Retreat; and meet with NUMU’s Childrens Art Camp.
Manager Matters
- Announced the Fourth of July celebration at Oak Meadow Park starting at 11:00 a.m.
- Announced the concert series Music in the Park will begin on Sunday afternoons in late July
at the Civic Center.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Council met in closed session to discuss one item
of anticipated litigation pursuant to Government Code section 54956.9(d)(3) and there was no
reportable action.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Closed Session Meeting Minutes of June 6, 2023.
2. Approve Minutes of the June 6, 2023 Town Council Special Meeting Regarding
Commission Interviews.
3. Approve Minutes of June 6, 2023 Town Council Meeting.
4. Authorize the Town Manager to Execute an Agreement with Dillingham Associates for
Preliminary Design Services for the Pinehurst Community Garden (CIP No. 831-4610)
and Lynn Avenue Pedestrian Path Design (CIP No. 832-4510) for a Total Amount Not to
Exceed $123,556.
5. Authorize the Town Manager to Issue a Request for Qualifications (RFQ) for Revenue
Ballot Measure Consulting Services.
6. Authorize the Town Manager to Execute a Five-Year Agreement for Services with
Brightview Tree Care Services, Inc. for Tree Trimming and Maintenance Services in an
Amount not to exceed $200,000 in Fiscal Year 2023/24 and Total Five-Year Contract
Value of Up to $1,000,000.
7. Consider the Following in Support of Tree Trimming and Maintenance:
a. Authorize the Town Manager to Execute a Sixth Amendment to the Agreement for
Services with Brightview Tree Care Services, Inc. to Increase Compensation for Fiscal
Year 2022/23 in an Amount of $75,000 for a Total Annual Amount Not to Exceed
$275,000 and a Total Agreement Amount Not to Exceed $1,174,000; and
b. Authorize a Revenue and Expenditure Budget Adjustment in the Amount of $75,000
from the Available Tree Replacement Deposit Account.
8. Authorize the Town Manager to Execute an Agreement with Los Gatos Saratoga
Community Education and Recreation for Senior Services in the Amount of $225,000.
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9. Authorize the Town Manager to Execute a Second Amendment to the Agreement with
Whitlock & Weinberger Transportation, Inc. dba W-Trans, Modifying the Scope of
Service, Extending the Term, and Increasing the Total Compensation by $50,000 for a
Total Contract Amount not to Exceed $250,000 for Consultant Services for the Project
Management Function of the Traffic Signal Modernization Project (Project 813-0227).
10. Authorize the Town Manager to Execute a Notice of Completion and Certificate of
Acceptance for Specified Improvements Completed by SummerHill N40 LLC for the
North 40 Phase 1 Development at Lark Avenue and Los Gatos Boulevard and Authorize
the Town Clerk to Submit for Recordation.
11. Adopt a Resolution Establishing the Fiscal Year 2023/24 Gann Appropriation Limit for
the Town of Los Gatos. RESOLUTION 2023-034
12. Receive the Monthly Financial and Investment Report (April 2023).
13. *This item was removed from the agenda posted on June 15, 2023, as noted on the
amended agenda posted on June 16, 2023.
14. Authorize the Town Manager to Execute a Second Amendment to the Agreement for
Consultant Services with CSG Consultants, Inc. to Extend the Term and Time of
Performance to June 30, 2025, Revise the Compensation Approach, and Increase the
Minimum Scope of Insurance of the Agreement.
15. Staff Recommends the Town Council:
a. Authorize the Town Manager to Prepare a Joint Jurisdiction (Los Gatos and San José)
Grant Application to the Safe Streets and Roads for All Program for a Corridor Study
of Blossom Hill Road from Union Avenue to Camden Avenue;
b. Authorize Town Manager to Execute a Second Amendment to the Agreement for
Consultant Services with Fehr and Peers for a Total Contract Amount Not to Exceed
$124,999.14; and
c. Authorize an Expenditure Budget Transfer in an Amount of $25,000 from Available
Fiscal Year (FY) 2023/24 Funds in in Project No. 911-9901 – Street Repair and
Resurfacing to Project 812-0132 – Local Road Safety Program.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Council Member Rennie to approve consent items 1-15 and noted item
13 was previously removed from the Consent Calendar. Seconded by Council
Member Moore.
VOTE: Motion passed unanimously.
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VERBAL COMMUNICATIONS
Carl Guardino, Vice President of Global Government Affairs for Turano Wireless
- Commented on the Third Annual 5K Stars and Stride Run and Walk on Saturday July 1 in
Downtown San Jose with proceeds going to Valley Health Foundation to help support the
basic health care needs of those in Santa Clara County.
Jeffery Blum, Community Health and Senior Services Commission Chair
- Commented on possible County funding for adult day care services or a case manager and
requested Council read the mental health and substance abuse report they submitted.
OTHER BUSINESS
16. Authorize the Following Actions for Landscape and Lighting Assessment Districts No. 1
and 2:
a. Adopt a Resolution Confirming the Diagram and Assessments and Levying and
Authorizing Collection of Assessments for Landscape and Lighting Assessment
District No. 1-Blackwell Drive Benefit Zone. RESOLUTION 2023-035
b. Adopt a Resolution Confirming the Diagram and Assessments and Levying and
Authorizing Collection of Assessments for Landscape and Lighting Assessment
District No. 1-Kennedy Meadows Benefit Zone. RESOLUTION 2023-036
c. Adopt a Resolution Confirming the Diagram and Assessments and Levying and
Authorizing Collection of Assessments for Landscape and Lighting Assessment
District No. 1-Santa Rosa Heights Benefit Zone. RESOLUTION 2023-037
d. Adopt a Resolution Confirming the Diagram and Assessments and Levying and
Authorizing Collection of assessments for Landscape and Lighting Assessment
District No. 1-Vasona Heights Benefit Zone. RESOLUTION 2023-038
e. Adopt a Resolution Confirming the Diagram and Assessments and Levying and
Authorizing Collection of assessments for Landscape and Lighting Assessment
District No. 1-Hillbrook Drive Benefit Zone. RESOLUTION 2023-039
f. Adopt a Resolution Confirming the Diagram and Assessments and Levying and
Authorizing Collection of assessments for Landscape and Lighting Assessment
District No. 2-Gemini Court Benefit Zone. RESOLUTION 2023-040
Meredith Johnston, Administrative Technician, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Council Member Rennie to adopt a Resolution Confirming the Diagram
and Assessments and Levying and Authorizing Collection of Assessments for
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Landscape and Lighting Assessment District No. 1-Blackwell Drive Benefit Zone;
adopt a Resolution Confirming the Diagram and Assessments and Levying and
Authorizing Collection of Assessments for Landscape and Lighting Assessment
District No. 1-Kennedy Meadows Benefit Zone; adopt a Resolution Confirming the
Diagram and Assessments and Levying and Authorizing Collection of Assessments for
Landscape and Lighting Assessment District No. 1-Santa Rosa Heights Benefit Zone;
adopt a Resolution Confirming the Diagram and Assessments and Levying and
Authorizing Collection of assessments for Landscape and Lighting Assessment
District No. 1-Vasona Heights Benefit Zone; adopt a Resolution Confirming the
Diagram and Assessments and Levying and Authorizing Collection of assessments for
Landscape and Lighting Assessment District No. 1-Hillbrook Drive Benefit Zone;
adopt a Resolution Confirming the Diagram and Assessments and Levying and
Authorizing Collection of assessments for Landscape and Lighting Assessment
District No. 2-Gemini Court Benefit Zone. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
17. Conduct Brush Abatement Program Public Hearing to Consider Objections to the
Proposed Removal of Brush on Parcels Listed on the 2023 Wildland Urban Interface
(WUI) Area Non-Compliant Parcel List and Order Abatement.
Meredith Johnston, Administrative Technician, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Vice Mayor Badame to order the abatement of parcels listed on
attachment one of the staff report that are part of the 2023 Wildland Urban
Interface (WUI) Area Non-Compliant Parcel List. Seconded by Council Member
Moore.
VOTE: Motion passed unanimously.
OTHER BUSINESS
18. Adopt the Following Salary Schedules:
a. Salary Schedule for Management Classifications Effective April 2, 2023,
b. American Federation of State, County, and Municipal Employees (AFSCME) Salary
Schedule Effective July 9, 2023,
c. Police Officer Association (POA) Salary Schedule Effective July 9, 2023,
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d. Town Employees’ Association (TEA) Salary Schedule Effective July 9, 2023,
e. Salary Schedule for Confidential Classifications Effective July 9, 2023,
f. Salary Schedule for Management Classifications Effective July 9, 2023, and
g. Salary Schedule for Temporary/Hourly Classifications Effective July 9, 2023.
Gitta Ungvari, Finance Director, presented staff report.
Mayor Ristow called for a recess due to technical difficulties at 8:19 p.m.
Reconvened at 8:32 p.m.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Council Member Moore to adopt the Salary Schedule for Management
Classifications Effective April 2, 2023; the American Federation of State, County,
and Municipal Employees (AFSCME) Salary Schedule Effective July 9, 2023; Police
Officer Association (POA) Salary Schedule Effective July 9, 2023; the Town
Employees’ Association (TEA) Salary Schedule Effective July 9, 2023; the Salary
Schedule for Confidential Classifications Effective July 9, 2023; the Salary Schedule
for Management Classifications Effective July 9, 2023; and the Salary Schedule for
Temporary/Hourly Classifications Effective July 9, 2023. Seconded by Vice Mayor
Badame.
VOTE: Motion passed unanimously.
PUBLIC HEARING
19. Consider the Following Actions for the Adult Recreation Center - Americans with
Disabilities Act (ADA) Compliant Public Restroom Project (CIP No. 821-2601):
a. Consider a Protest in Opposition of the Intent to Award a Construction Agreement
for the Adult Recreation Center - Americans with Disabilities Act (ADA) Compliant
Public Restroom Project (CIP No. 821-2601) to Tucker Construction;
b. Authorize the Town Manager to Award and Execute a Construction Agreement with
Tucker Construction Inc. in an Amount not to Exceed $249,490; and
c. Authorize Staff to Execute Change Orders in an Amount Not to Exceed Ten Percent
of the Contract Award Amount.
Dan Keller, Facilities and Environmental Services Manager, presented the staff report.
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Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Council Member Hudes to deny the bid protest and reject the bid from
San Jose Demolition as non-responsive and award the construction agreement in
Attachment 5 to the staff report to Tucker Construction; and authorize the Town
Manager to execute the contract on behalf of the Town. Seconded by Council
Member Moore.
VOTE: Motion passed unanimously.
OTHER BUSINESS
20. Receive Report on the Status of the Shower Ministry and Provide Direction on the
Placement of a Temporary Restroom and the Proposed Parameters for a Hotel Voucher
Program for Los Gatos Unhoused Residents.
Laurel Prevetti, Town Manager, presented staff report.
Opened public comment.
Ed Lozowicki, St. Vincent de Paul Society
- Spoke in support of the hotel voucher program for unhoused residents.
Closed public comment.
MOTION: Motion by Mayor Ristow to approve the Shower Ministry, the placement of a
temporary restroom, and the proposed parameters Hotel Voucher Program for Los
Gatos unhoused residents, leaving it to staff to figure out how the financial part of
the vouchers will be managed moving forward. AMENDMENT: to ask staff to define
medical stay. Seconded by Council Member Moore.
VOTE: Motion passed by a vote of 4-1. (Council Member Hudes voted no)
PUBLIC HEARINGS
21. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los
Gatos Amending Chapter 18, Article VII, “Weapons,” of the Town Code Update the
Town’s Concealed Carry Firearm Licensing Ordinance and Prohibit the Carry of Firearms
in Sensitive Places”.
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Gabrielle Whelan, Town Attorney, presented the staff report.
Opened public comment.
Jared Ajlonny
- Commented on the County Sheriff’s process for a Carry Concealed Weapon permit.
Heidi Owens, Moms Demand Action
- Commented in support of the item.
Erica Mittelhauser
- Commented in support of the item.
Marie Rector, Moms Demand Action
- Commented in support of the item.
Bernadette, Moms Demand Action
- Commented in support of the item.
Fred Faltersack
- Commented in support of the item.
Kim B
- Commented in support of the item.
Carrie Walton
- Commented in support of the item.
Maria Gerst
- Commented in support of the item.
Closed public comment.
MOTION: Motion by Vice Mayor Badame to introduce an Ordinance titled “An Ordinance of
the Town Council of the Town of Los Gatos Amending Chapter 18, Article VII,
“Weapons,” of the Town Code Update the Town’s Concealed Carry Firearm
Licensing Ordinance and Prohibit the Carry of Firearms in Sensitive Places.”
Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
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22. 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 Land
Use and Economic Recovery Amendments Related to Personal Service Businesses, Bars,
Tap/Tasting Rooms, Specialty Food Retail, Banks, Financial and Investment Services,
Office Activities, Formula Retail, Group Classes, Veterinarians, and Definitions.” The
Proposed Amendments to the Town Code are Not Considered a Project Under the
California Environmental Quality Act. Town Code Amendment Application A-23-001.
Project Location: Town Wide. Applicant: Town of Los Gatos.
Sean Mullin, Senior Planner, presented the staff report.
Opened public comment.
Randi Chen, Chamber of Commerce
- Commented in support of staff’s recommendations and had some concerns with the
specialty retail section regarding coffee shops.
Closed public comment.
MOTION: Motion by Vice Mayor Badame to allow personal service businesses as a
permitted use in the C-2 and Office zones. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Moore to adopt the recommended changes to bars
markets and other miscellaneous commercial businesses. Seconded by Mayor
Ristow.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Badame to approve the recommended changes to
specialty retail and specialty food retail. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Hudes to approve the recommendations for banks,
financial and investment services adding language for office activities to include
venture capital offices, technology incubator facilities, and biotechnology
incubator facilities including dry lab facilities. Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously.
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MOTION: Motion by Council Member Hudes to keep the definition for formula retail
business and changing the number from 7 to 11 and keep formula retail business
in the “Table of Conditional Uses” changing the square feet from 6,000 to
10,000. Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Hudes to keep the Conditional Use Permit
requirement as-is for group classes. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Moore to adopt the recommended changes for
veterinary businesses in C-1 zone. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
Sean Mullin, Senior Planner, summarized the following changes to the proposed ordinance:
Section 29.10.020 “Definitions,” of Chapter 29, “Zoning Regulations,” “Office activities” is
amended to include the language “venture capital offices, technology incubator facilities, and
biotechnology incubator facilities including dry lab facilities.”
Section 29.10.020 “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to keep the
definition of “Formula retail business” changing the language to 11 or more other business
locations.”
Section 29.20.185 “Table of Conditional Uses,” of Chapter 29, “Zoning Regulations,” Subsection
(1)(o) is amended to read “Formula retail business greater than 10,000 s.f.” and retain the CUP
requirements.
Section 29.20.185, “Table of Conditional Uses,” of Chapter 29, “Zoning Regulations,” Subsection
(4)(h) is amended to retain Art, craft, music, dancing school, group classes and retain the CUP
requirement.
Section 29.20.190, “Findings and Decision,” of Chapter 29, “Zoning Regulations,” Subsection (b)
is amended retain the language and change six thousand (6,000) to ten thousand (10,000).
Section 29.60.210, “Permitted uses,” of Chapter 29, “Zoning Regulations,” Subsection (a)(1) is
amended to read “Retailing up to ten thousand (10,000) square feet.”
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Section 29.60.320, “Permitted uses,” of Chapter 29, “Zoning Regulations,” Subsection (a)(1) is
amended to read “Retailing including formula retail up to ten thousand (10,000) square feet.
Section 29.60.320, “Permitted uses,” of Chapter 29, “Zoning Regulations,” Subsection (a)(9) is
amended to remove “Group classes.”
Section 29.60.420, “Permitted uses,” of Chapter 29, “Zoning Regulations,” Subsection (a)(1) is
amended to “Retailing, including formula retail up to ten thousand (10,000) square feet.”
Section 29.70.100, “Permitted uses,” of Chapter 29, “Zoning Regulations,” Subsection (a)(1) is
amended to “Retailing, including formula retail up to ten thousand (10,000) square feet.”
Section 29.20.745, ““Development Review Committee,” of Chapter 29, “Zoning Regulations,”
Subsection (21) is amended to retain the language “Determine and issue zoning approval for
group classes in the C-2 zone.”
MOTION: Motion by Mayor Ristow to introduce the ordinance titled “An Ordinance of the
Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning
Regulations,” of the Town Code Regarding Land Use and Economic Recovery
Amendments Related to Personal Service Businesses, Bars, Tap/Tasting Rooms,
Specialty Food Retail, Banks, Financial and Investment Services, Office Activities,
Formula Retail, Group Classes, Veterinarians, and Definitions” with the changes
noted by staff. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
Mayor Ristow called for a recess at 11:11 p.m.
Reconvened at 11:17 p.m.
OTHER BUSINESS
23. Receive the Report on Potential Revisions and Community Input to the Shannon Road
Pedestrian and Bicycle Improvements Project (CIP No. 813-0218) and Provide Design
Direction.
Gary Heap, Town Engineer, presented the staff report.
Opened public comment.
Maria Gerst
- Expressed gratitude to the Town Council and the Engineering staff for considering the
needs and wants of the residents and commented in support of the proposed option.
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Ryan Rosenberg
- Thanked the Town Council and the Engineering staff for listening to the residents and
believed the proposed option is a reasonable compromise.
Mark Bony
- Thanked the Town Council and the Engineering staff for listening to the residents and
commented in support of the modified option one.
Bill Ehlers
- Commented in support of three-foot bike lane buffers.
Closed public comment.
MOTION: Motion by Council Member Hudes to provide direction to staff to follow
modified option one in an effort to meet the request of the Shannon Road
residents and other community members while still meeting Town Council
direction of the April 18, 2023, meeting. Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 11:50 p.m.
Respectfully Submitted:
_____________________________________
Wendy Wood, Town Clerk