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: 08/15/2023 ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
Tuesday, August 1, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in person and utilizing
teleconferencing means on Tuesday, August 1, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:01 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 Nika Spitzer led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Ristow accepted a ceremonial check on behalf of the Town, issued by the Friends of Los
Gatos Library.
CLOSED SESSION REPORT Gabrielle Whelan, Town Attorney, stated the Council met in closed session to discuss one item
of anticipated litigation and labor negotiations pursuant to Government Code Sections 54956.9
and 54957.6, and there was no reportable action.
COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Moore stated he attended the Drag Queen Story Time, the announcement
of a historic investment into the Los Gatos-Saratoga Recreation 55+ Program secured by
Assembly Member Gail Pellerin, a Ribbon Cutting for the Sutter Health Los Gatos campus,
and a Recognition Luncheon of West Valley Sanitation Employees.
- Vice Mayor Badame stated she attended Symphony in the Park, and Music in the Park; met
with Tom Picraux regarding senior activities; and met with community members regarding
beach traffic, SB 330, and the Town’s Housing Element.
- Council Member Rennie stated he attended a few Silicon Valley Clean Energy Authority
meetings including the Risk Oversight Committee and a Ribbon Cutting of the Sutter Health
Los Gatos campus; met with Gail Pellerin regarding the investment into the Los Gatos-
Saratoga Recreation 55+ Program; and attended the Los Gatos-Saratoga Recreation Senior
Luncheon.
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- Council Member Hudes stated he met with Summerhill regarding the development of the
Los Gatos Lodge; met with the Foundation for Seniors; attended the Seniors of Distinction
Awards Ceremony, two committees of the Foundation for Seniors, Eden Affordable
Housing’s Celebration, and Symphony in the Park.
Council Member Hudes requested the Town’s Housing Element to be placed on an agenda
in August. Vice Mayor Badame seconded the request. The Mayor agreed to work with the
Town Manager to place the item on the earliest possible agenda.
- Mayor Ristow stated she attended the Terrace’s Seniors of Distinction Awards Ceremony;
Los Gatos-Monte Sereno Police Department National Night Out at the Walker
neighborhood, West Valley Mayors and Managers Meeting, Ribbon Cutting of Walnut
Grove, and Symphony in the Park; and met with residents regarding the Housing Element,
SB 330, and beach traffic.
Manager Matters
- Announced Summer Library Programs are underway.
- Announced the progress of the Town’s Housing Element, including the rezonings of the
Housing Element sites is scheduled to be heard by the Planning Commission on August 23.
- Announced beach traffic mitigations efforts are continuing, and more information can be
found on the Town website.
- Announced a Joint Meeting with the Town Council and the Planning Commission will be
held will be held on September 12, 2023 to discuss SB 330 and related laws.
- Announced Music in the Park will continue through August 27, 2023, and invited all to
attend.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
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.
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.” ORDINANCE 2341
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
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Rooms, Specialty Food Retail, Banks, Financial and Investment Services, Office Activities,
Formula Retail, Group Classes, Veterinarians, and Definitions.” ORDINANCE 2342
8. Approve the Modification to Town Council Policy 2-17: Solicitation and Donation Policy as
Recommended by the Policy Committee. POLICY 2-17
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.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Vice Mayor Badame to approve consent items 1-10. Seconded by
Council Member Moore.
VOTE: Motion passed unanimously.
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VERBAL COMMUNICATIONS
Lynley Hogan
- Commented on concerns regarding Drag Story Time.
Albert Lustre
- Commented in support of local area labor standards for construction workers, including
livable wage, local hire apprenticeship, and healthcare.
PUBLIC HEARINGS
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.
Meredith Johnston, Administrative Technician, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Badame to adopt a resolution confirming the report and
authorizing collection of the assessment charges. Seconded by Council Member
Rennie.
VOTE: Motion passed unanimously.
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’."
Gabrielle Whelan, Town Attorney, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item.
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MOTION: Motion by Council Member Moore to 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’”. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
OTHER BUSINESS
13. Receive the Fiscal Year 2022/23 Parks Commission Accomplishments and Provide Direction
on the Fiscal Year 2023/24 Work Plan.
Nicolle Burnham, Parks and Public Works Director, introduced the Parks Commission Chair.
Rob Stephenson, Parks Commission Chair, presented the workplan.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item and provided feedback.
PUBLIC HEARINGS
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.
Jennifer Armer, Planning Manager, presented the staff report.
Council Member Moore disclosed he lives near the property but is not within the 1,000 feet
conflict-of-interest zone.
Mayor Ristow, Council Members Hudes and Moore, and Vice Mayor Badame disclosed they
viewed the property.
Opened public comment.
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Laurence Cesnik, Appellant, provided comments in support of the appeal.
Closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Hudes to continue the application to the next
meeting on August 15, 2023 and provide direction to staff to prepare a
resolution to grant the appeal and the exception, and make the findings that the
appeal is categorically exempt from CEQA and that a special security concern
exists and special circumstances exist that would result in undue hardship, and in
regard to the granting the appeal of the Planning Commission, there was no
findings of error or abuse of discretion by the Planning Commission rather the
Planning Commission was lacking some information that was important.
Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
Recess 8:49 p.m.
Reconvene 8:57 p.m.
OTHER BUSINESS
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.
Jennifer Armer, Planning Manager, presented the staff report.
Opened public comment.
Lee Fagot
- Commented in support of story poles; stated online videos, renderings, and/or models
should not replace story poles; suggested allowing less expensive materials such as flag
lines instead of mesh netting; suggested providing an exception for 40% below market
price housing units per project; and requested onsite viewing be available for the public.
Lisa Harris
- Commented in support of story poles.
Closed public comment.
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Council discussed the item.
MOTION: Motion by Council Member Rennie to waive the story pole requirements for
projects with 30% below market price as defined by the Town Code or provides
20% low income or very low income affordability, and require on-site signage
with a QR code that links to renderings and videos of the proposed project.
AMENDMENT: to include mixed-use projects with language stating the
percentage is for the residential units. Seconded by Council Member Moore.
VOTE: Motion passed 3-2. Vice Mayor Badame and Council Member Hudes voted no.
MOTION: Motion by Council Member Moore to require story poles be installed for
nonresidential projects if the project includes a request for variance or exception
to physical development parameters which are defined as: height, setbacks, FAR
(Floor Area Ratio), or lot coverage; or when the nonresidential addition exceeds
20% of the building’s FAR. Seconded by Council Member Rennie.
VOTE: Motion passed 3-2. Vice Mayor Badame and Council Member Hudes voted no.
MOTION: Motion by Mayor Ristow to require story poles for all new nonresidential
buildings. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Moore to require story poles to be installed for
properties in the hillside area, as defined in the Hillside Development Standards
and Guidelines, if the project includes new buildings, or new second-story
additions. Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Rennie to keep the story pole requirements for
buildings in the historic districts as is (require story poles for properties on the
Historic Resource Inventory if the project includes new buildings (excluding
single-story accessory structures), residential second story additions, or non-
residential additions exceeding 100 square feet). Seconded by Council Member
Moore.
VOTE: Motion passed unanimously.
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MOTION: Motion by Council Member Moore to require story poles for single family
residential projects if the project includes a new two-story home or a second
story addition where both of the adjacent neighbors on the same side of the
street are single story homes, or there is a request for a variance or an exception
from the development standards (parameters). Seconded by Council Member
Rennie.
VOTE: Motion passed 3-2. Vice Mayor Badame and Council Member Hudes voted no.
MOTION: Motion by Council Member Rennie to amend the story pole requirements to
eliminate the mesh netting and change it to double flagging up to 55 feet and
above 55 feet have something indicating the height and something else
indicating the massing. AMENDMENTS: to revise the motion as follows: “to
amend the story pole requirements to allow either mesh netting or double
flagging.” Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Rennie to approve language recommended by the
Planning Commission for multi-building projects (For multi-building
developments, story poles shall only be required for the tallest structures and
those along the perimeter of the site). Seconded by Council Member Moore.
VOTE: Motion passed 3-2. Vice Mayor Badame and Council Member Hudes voted no.
16. Provide Direction on Legislative Priorities with Regard to State, Federal, and Regional
Legislation and Town Council Policy #2-18: Legislative Policy.
Katy Nomura, Assistant Town Manager, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Badame to extend the meeting to 12:06 a.m. Seconded
by Mayor Ristow.
VOTE: Motion passed unanimously.
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Council provided direction to staff to return with modifications to the Legislative Policy and
potential legislative priorities.
ADJOURNMENT
The meeting adjourned at 12:04 a.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk