AgendaPage 1 of 5
How to participate: The Town of Los Gatos strongly encourages your active participation in the
public process, which is the cornerstone of democracy. If you wish to speak to an item on the
agenda, please follow the participation instructions on page 2 of this agenda. If you wish to speak
to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by
following the participation instructions on page 2 of this agenda. The time allocated to speakers
may change to better facilitate the Town Council meeting.
Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of
the community in an effective and efficient manner. For the benefit of the community, the Town
of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council
meetings and treat everyone with respect and dignity. This is done by following meeting
guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated,
including but not limited to: addressing the Town Council without first being recognized;
interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time
has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing
the same subject.
Deadlines for Public Comment and Presentations are as follows:
• Persons wishing to make an audio/visual presentation on any agenda item must submit the
presentation electronically, either in person or via email, to the Clerk’s Office no later than
3:00 p.m. on the day of the Council meeting.
• Persons wishing to submit written comments to be included in the materials provided to
Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council
meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting
o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting
TOWN OF LOS GATOS COUNCIL MEETING AGENDA
AUGUST 01, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
LOS GATOS, CA
7:00 PM
Maria Ristow, Mayor Mary Badame Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member
Rob Rennie, Council Member
PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.
Rebroadcast of Town Council Meetings on the 2nd and 4th Tuesdays at 7:00 p.m.
Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,
PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN
TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]
Page 2 of 5
TOWN OF LOS GATOS COUNCIL MEETING AGENDA AUGUST 01, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
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 the Zoom webinar application (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.
PARTICIPATION
To provide oral comments in real-time during the meeting:
• Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this
URL to join: https://losgatosca-
gov.zoom.us/j/87922005778?pwd=RnNadElXWEVQd290dDJJVzEwaEw3Zz09
Passcode: 771495 You can also type in 87922005778 in the “Join a Meeting” page on
the Zoom website at https://zoom.us/join.
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.
• Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651
0008 US Toll. Conference code: 686100
o If you are participating by calling in, press #2 on your telephone keypad to raise
your hand.
• In-Person: If you wish to speak during the meeting, please complete a “speaker’s card”
located on the back of the chamber benches and return it to the Town Clerk. If you wish
to speak to an item on the agenda, please list the item number. If you wish to speak on
an item NOT on the agenda, please list the subject and you may speak during the
“Verbal Communications” period. The time allocated to speakers may change to better
facilitate the Town Council meeting.
When called to speak, you may be asked to provide your full name and your town/city of
residence. This identifying information is optional and not a requirement for participation. Please
limit your comments to three (3) minutes, or such other time as the Mayor may decide,
consistent with the time limit for speakers at a Council meeting. If you wish to speak to an item
or items on the Consent Calendar, please state which item number(s) you are commenting on at
the beginning of your time.
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) or “Verbal
Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting
Page 3 of 5
will be reviewed and distributed before the meeting. All comments received will become part of
the record.
MEETING CALL 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)).
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow
the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
· Addressing the Town Council Meeting without first being recognized;
· Interrupting speakers, Town Council Meeting, or Town staff;
· Continuing to speak after the allotted time has expired;
· Failing to relinquish the microphone when directed to do so;
· Repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another
speaker. Disruption of the meeting may result in a violation of Penal Code Section 403.
PLEDGE OF ALLEGIANCE
PRESENTATIONS
i. Friends of the Library
CLOSED SESSION REPORT
COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business
and may be approved by one motion. Any member of the Council may request to have an item
removed from the Consent Items for comment and action. Members of the public may provide
input on any or multiple Consent Item(s) when the Mayor asks for public comments on the
Consent Items. If you wish to comment, please follow the Participation Instructions contained on
Page 2 of this agenda. If an item is removed, the Mayor has the sole discretion to determine when
the item will be heard.)
1. Approve Minutes of the June 13, 2023 Town Council Retreat.
2. Approve Minutes of the June 20, 2023 Closed Session Town Council Meeting.
3. Approve Minutes of the June 20, 2023 Study Session of the Town Council.
4. Approve Minutes of the June 20, 2023 Town Council Meeting.
Page 4 of 5
5. Appoint Mayor Maria Ristow as the Town’s Voting Delegate and Council Member Rob
Moore as the Town’s Alternate Voting Delegate for the League of California Cities
Annual Conference Scheduled for September 20-22, 2023 in Sacramento.
6. Adopt 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 to Update the Town’s
Concealed Carry Firearm Licensing Ordinance and Prohibit the Carry of Firearms in
Sensitive Places.”
7. Adopt 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.”
8. Approve the Modification to Town Council Policy 2-17: Solicitation and Donation Policy
as Recommended by the Policy Committee.
9. Authorize the Construction of the Los Gatos Creek Trail to Highway 9 Trailhead
Connector Project (CIP No. 832-4505), Federal Project No. CML-5067(021), by taking the
following actions:
a. Reject the bid from AB Construction Company received on April 6, 2023 for
Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project;
and
b. Authorize the Town Manager to Execute a Construction Agreement with Granite
Construction in the Amount of $6,529,395.78 with a 10% Construction Contingency
in the Amount of $652,939.58 for a Total Contract Amount Not to Exceed
$7,182,335.36 for Construction of the Los Gatos Creek Trail to Highway 9 Trailhead
Connector Project; and
c. Authorize Staff to Execute Contract Change Orders Up To and Within the Not to
Exceed 10% Construction Contingency of $652,939.58; and
d. Authorize the Town Manager to Execute the Second Amendment to the Agreement
for Consultant Services with Mott MacDonald Group to Provide Design Consultant
Construction Support Services in an Amount Not to Exceed $206,371; and
e. Authorize the Town Manager to Execute an Agreement for Consultant Services with
Zoon Engineering for Construction Management, Inspection, and Materials Testing
Services in an amount not to exceed $1,220,822.07 and also to encumber a 2%
contingency in the amount of $29,177.93 for a total agreement amount not to
exceed $1,250,000; and
f. Authorize Advances from the General Fund to the Town’s Grant Fund not to Exceed
the Approved Grant Funding of $8,054,305 to Bridge Expenses and Reimbursement
Timing.
10. Adopt an Updated Police Officer Association Salary Schedule, Effective July 9, 2023, to
Correct a Mathematical Error to the Police Sergeant Classification.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council
on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless
additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes
and no more than three (3) minutes per speaker. In the event additional speakers were not able
to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal
Communications will be opened prior to adjournment.)
Page 5 of 5
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total
of five minutes maximum 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 maximum for closing
statements. Items requested/recommended for continuance are subject to Council’s consent at
the meeting.)
11. Weed Abatement Program Public Hearing to Consider Objections to the 2023 Weed
Abatement Program Assessment Report and Adopt a Resolution Confirming the Report
and Authorizing Collection of the Assessment Charges.
12. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los
Gatos Amending Section 18.30.040, ‘Penalties for Violations,’ of Division 1, Article III, of
Chapter 18 of the Town Code, ‘Social Host Ordinance’."
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
13. Receive the Fiscal Year 2022/23 Parks Commission Accomplishments and Provide
Direction on the Fiscal Year 2023/24 Work Plan.
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total
of five minutes maximum 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 maximum for closing
statements. Items requested/recommended for continuance are subject to Council’s consent at
the meeting.)
14. Consider an Appeal of a Planning Commission Decision to Approve a Fence Height
Exception Request for Construction of an Automated Vehicular Gate Exceeding the
Maximum Height and with Reduced Setbacks on Property Zoned R-1:8. Located at 380
Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to CEQA Guidelines
Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height
Exception Application FHE-23-002. PROPERTY OWNER: Larry Cesnik and Martha
Johnson. APPELLANT: Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER:
Sean Mullin.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
15. Consider Adoption of a Resolution Modifying the Height Pole and Netting Policy for
Additions and New Construction. The Proposed Modifications to Town Policy are Not
Considered a Project Under the California Environmental Quality Act. Project Location:
Town Wide. Applicant: Town of Los Gatos.
16. Provide Direction on Legislative Priorities with Regard to State, Federal, and Regional
Legislation and Town Council Policy #2-18: Legislative Policy.
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council
votes for an extension of time).
Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the
meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also
available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the
meeting are available for review in the Town Council Chambers.
Note: In accordance with Code of Civil Procedure §1094.6; litigation challenging a quasi-adjudicatory decision of the Town Council
must be brought within 90 days after the decision is final unless a shorter time is required by State or Federal law.