03 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: 11/07/2023 ITEM NO: 3
DRAFT
Minutes of the Town Council Meeting
Tuesday, October 17, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in person and utilizing
teleconferencing means on Tuesday, October 17, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 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
Victoria Basilico led the Pledge of Allegiance. The audience was invited to participate.
CLOSED SESSION
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session regarding two
items of potential litigation. Regarding the first item, there was no reportable action.
Regarding the second item, the Town Council authorized litigation and the details will be
provided in the event that litigation commences so long as it would not jeopardize service of
process or settlement negotiations.
PRESENTATIONS Mayor Ristow read a commendation commending Los Gatos resident Justin Liu, Silicon Valley
Clean Energy Electric Showcase Award Winner.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Hudes stated he met with a member of the Foundation for Older Adults
to Thrive and Tylor Taylor of the Successful Aging Solutions and Community Consulting
(SASCC); attended the opening of Domus; met with Margaret Smith the Owner of Domus
and with the Community Health and Senior Service Committee Chair; and attended the
Jewish Community Center Solidarity Event.
- Council Member Rennie stated he attended the Joint Venture Silicon Valley Poll, the
Silicon Valley Clean Energy Authority (SVCEA) Risk Oversight Committee meeting, the
Valley Transportation Authority (VTA) Board meeting, the Finance Commission meeting,
the West Valley Sanitation District Board meeting, the Silicon Valley Clean Energy Board
meeting, the VTA Policy Advisory Committee, the Highway 9 Los Gatos Creek Trail
Connector Groundbreaking Event, and the SVCEA CEO Search Committee meeting.
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- Vice Mayor Badame stated she attended the Finance Commission as an observer and a
Plant Based Advocates presentation; and met with residents regarding the Housing
Element and other concerns.
- Council Member Moore stated he held his Council Member Community Coffee event; met
with high school students; attended a Youth Commission meeting; participated in a
conversation about addressing mental health in cities; met with a variety of community
members to discuss several topics; acknowledged the situation in Israel and Palestine; and
attended the Jewish Community Center Solidarity Event.
- Mayor Ristow stated she attended the Joint Venture Silicon Valley Poll, a Leadership
Los Gatos class, the Cities League Mental Health Forum, the Domus Ribbon Cutting,
and the Inaugural Veteran’s Gala; worked with the Los Gatos Beautification Committee
on Pageant Park; attended the Highway 9 Los Gatos Creek Trail Connector
Groundbreaking Event; volunteered at the Wine Walk; and attended a Plant Based
Advocates presentation and the Jewish Community Center Solidarity Event.
Manager Matters
- No report.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Closed Session Council Meeting Minutes of October 3, 2023.
2. Approve Minutes of the October 3, 2023, Town Council Meeting.
3. Reschedule to December 5, 2023, the Consideration of the 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.
4. Receive the Monthly Financial and Investment Report for August 2023.
5. Rescind Resolution 2021-006 and Adopt a Revised Enabling Resolution for the Policy
Committee. RESOLUTION 2023-055
6. Authorize the Town Manager to Execute a Fourth Amendment to a Special Services
Agreement with Liebert Cassidy Whitmore (LCW) to Increase Compensation in the Amount
of $150,000 for a Total Contract Amount Not to Exceed $430,000; and Authorize an
Expenditure Budget Adjustment in the Amount of $117,283 from the Available General
Fund Capital/Special Projects Reserve.
7. Authorize Revenue and Expenditure Budget Adjustments in the Total Amount of $40,000 to
Recognize Receipt and Expenditure of the California Automated Permit Processing (CalAPP)
Grant Administered by the California Energy Commission.
8. Authorize the Town Manager to Execute an Agreement for Services with Bay Area Tree
Specialists for Tree Removal and Stump Grinding of Eighteen Eucalyptus Trees Located on
Overlook Road for a Total Agreement Amount not to Exceed $186,300.
9. Adopt a Resolution to Set a Date for Consideration of the Reorganization of an Uninhabited
Area Designated as Los Gatos Boulevard No. 20, Approximately 0.521 Acres on Property
Pre-Zoned R-1:8. APN 523-01-001. Annexation Application AN22-001. Project Location:
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15810 Los Gatos Boulevard. Property Owner/Applicant: Jesus Ching and Kathleen Ban.
RESOLUTION 2023-056
10. Adopt an Ordinance Titled, “An Ordinance of the Town Council of the Town of Los Gatos
Amending Section 18.60.020, ‘Permits for Retailers of Tobacco Products’ of Article VI,
‘Smoking Regulations’ of Chapter 18, ‘Offenses and Miscellaneous Provisions,’ of the Town
Code to Increase Fine Amounts and Amend the Definition of ‘Tobacco Products’ to Align
with the Santa Clara County Ordinance.” ORDINANCE 2344
11. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion for the Fiscal Year 2022/23 Curb, Gutter, and Sidewalk Maintenance Project
(CIP No. 813-9921) Completed by Spencon Construction and Authorize the Town Clerk to
File for Recordation.
12. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $76,700 to
Recognize Receipt and Expenditure for State of California Office of Traffic Safety (OTS)
Grant Funds.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
MOTION: Motion by Council Member Moore to approve the consent items. Seconded by
Council Member Hudes.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Lynley Fenchel
- Commented on religion and racism.
Linda Swenberg
- Commented on concerns with the infrastructure changes made to Blossom Hill Road.
Erica Osman
- Requested the Town’s objective guidelines be strengthened.
Allan Bayless
- Commented on unhoused residents being displaced by CalTrans and strategies to assist
unhoused residents.
Ron Meyer
- Commented on concerns with accountability.
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OTHER BUSINESS
13. Receive and Provide Direction for the Youth Commission Work Plan for School Year
2023/24.
Laurel Prevetti, Town Manager, introduced the Youth Commission Chair. Taj Chunawala, Youth
Commission Chair, presented the staff report and a presentation.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
Council discussed the item and provided feedback.
PUBLIC HEARINGS
14. Consider a Resolution to Amend the General Plan Land Use Designation of 15810 Los Gatos
Boulevard from Low Density Residential to Mixed Use Commercial and Introduce an
Ordinance Titled “An Ordinance of the Town of Los Gatos Amending the Zoning Code from
R-1:8 Prezone (Single-Family Residential, Minimum Lot Size of 8,000 square feet) to CH
(Restricted Commercial Highway) for Property Located at 15810 Los Gatos Boulevard.”
APN: 523-01-001. An Environmental Impact Report (EIR) was Prepared and Certified for the
2040 General Plan Update on June 30, 2022, Which Included the Proposed General Plan
Amendment for the Property Located at 15810 Los Gatos Boulevard. No Further
Environmental Analysis is Required. Zone Change Application Z-23-001 and General Plan
Amendment Application GP-23-001. PROPERTY OWNER/APPLICANT: Jesus Ching and
Kathleen Ban. PROJECT PLANNER: Jocelyn Shoopman. RESOLUTION 2023-057
ORDINANCE 2346
Jocelyn Shoopman, Associate Planner, presented the staff report.
Mayor Ristow opened public comment.
Roger Shanks, Applicant Representative
- Commented in support of the item.
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to accept the staff recommendation to adopt a
resolution (Attachment 3 to the staff report) to amend the General Plan land use
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designation of 15810 Los Gatos Boulevard from Low Density Residential to Mixed
Use Commercial and introduce an ordinance (Attachment 4 to the staff report) titled
“An Ordinance of the Town of Los Gatos Amending the Zoning Code from R-1:8
Prezone (Single-Family Residential, Minimum Lot Size of 8,000 square feet) to CH
(Restricted Commercial Highway) for property located at 15810 Los Gatos
Boulevard.” Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
OTHER BUSINESS
15. Authorize the Town Manager to Execute an Agreement for Revenue Ballot Measure
Consultant Services with NBS in an Amount Not to Exceed $105,000 and Authorize an
Expenditure Budget Adjustment in an Amount of $105,000 from the Available General Fund
Capital/Special Projects Reserve.
Katy Nomura, Assistant Town Manager, presented the staff report.
Mayor Ristow opened public comment.
Ron Meyer
- Commented on the Town’s budgeting priorities and concerns with transparency.
Jak Van Nada
- Commented on forecast revenue estimates, Town budgets, and concerns with this item.
Lynda Swenberg
- Commented on the item and concerns with studying a specific use tax.
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Moore to authorize the Town Manager to execute an
agreement for Revenue Ballot Measure Consultant Services with NBS in an amount
not to exceed $44,600 and authorize an expenditure budget adjustment in the
amount of $44,600 from the General Fund, with the understanding that staff and the
consultant will return to Council with the revenue models and any other pieces that
have been completed before moving forward in the next step of public polling.
AMENDMENT: concurrently develop the stakeholder outreach and public
engagement messaging. Seconded by Mayor Ristow.
VOTE: Motion passed 4-1. Vice Mayor Badame voted no.
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Mayor Ristow called a recess at 9:05 p.m.
Mayor Ristow reconvened the meeting at 9:15 p.m.
16. Discuss and Provide Direction Regarding Potential Changes to the Town’s Boards,
Commissions, and Committees.
Laurel Prevetti, Town Manager, presented the staff report.
Mayor Ristow opened public comment.
No one spoke.
Mayor Ristow closed public comment.
Council discussed the item.
MOTION: Motion by Mayor Ristow to return to Council with a redlined enabling resolution for
the Parks Commission, change the name of the Parks Commission to the Parks and
Sustainability Commission, and modify the language in the scope to address
sustainability issues. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Moore to direct staff to research ways for Building Board
of Appeals members could serve on other Town Commissions as appropriate and
where an overlap or conflicts do not exist. Seconded by Mayor Ristow.
VOTE: Motion passed 3-2. Vice Mayor Badame and Council Member Hudes voted no.
17. Accept the Diversity, Equity, and Inclusion (DEI) Plan and Identify First Year Priorities for
the DEI Commission.
Holly Young, Management Analyst, presented the staff report.
Mayor Ristow opened public comment.
Susan Burnett
- Inquired if the DEI goals can be achieved without the use of staff and fiscal resources.
Linda Swenberg
- Commented on the DEI plan and stated Los Gatos should be a welcoming place for residents
and businesses.
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Johanes Swenberg
- Inquired about the outcome of the DEI plan, specific action items, and the fiscal impact.
Ron Meyer
- Commented on concerns with the DEI plan, specific action items, and the fiscal impact.
Ali Miano
- Commented in support of the item.
Mayor Ristow closed public comment.
Council discussed the item and provided direction below:
Council Member Rennie commented on concerns with the following items listed in the DEI
Plan:
1. Goal C, Section 2, Subsection a - Town staff/School Districts/Youth to identify needs for
both community-based and school-based programming.
2. Goal E, Section 1, Subsection a, Subparagraph i. - Education about affordable housing
residents and the services they receive.
3. Goal E, Section 1, Subsection c. - Town staff to create a program to ensure that all rental
multifamily housing is inspected on a three to five-year cycle to ensure compliance with
all building, housing, and other codes for safe and sanitary housing.
Council Member Rennie commented in support of the following items listed in the DEI Plan:
1. Goal A, Section 1, Subsection a – In partnership with other Commissions, DEI
Commission to review the community grants rubric for the community grant
distribution process through an equity lens.
2. Goal A, Section 1, Subsection b - DEI Commission to create an annual review process
and evaluation of the DEI Work Plan action items.
3. Goal B, Section 2, Subsection d – Town staff to explore the possibility of film
festivals/benefit events at the Los Gatos Theatre.
4. Goal B, Section 3, Subsection a - Town staff/DEI Commission/Community Partners to
develop a community learning opportunity focused on historical inequities and the
history of the 3 Town of Los Gatos. Focused on but not limited to: Indigenous
communities; redlining practices; and other items as identified through community
partners.
5. Goal B, Section 4, Subsection a – Town staff in the Police Department to continue to
offer a Community Police Academy, or similar program, to educate community
members on law enforcement policies, practices, and problem solving, as well as
promoting the opportunity for one-on-one interaction with Department members in a
relaxed environment.
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6. Goal C, Section 1, Subsection a, Subparagraph ii – Focus on collaborative projects that
promote healing.
7. Goal C, Section 3, Subsection b – Town staff to explore opportunities for collaborating
with other municipalities on DEI work.
8. Goal F, Section 1, Subsection b – Town staff to create a defined set of criteria that
measures and prioritizes equitable distribution of Capital Improvement (CI) Projects
Town-wide.
9. Goal F, Section 4, Subsection c – Town staff to continue to evaluate the annual proposed
Capital Improvement Budget and any service expansion/contraction in the Operating
Budget to ensure that all neighborhoods are treated equitably in the availability of
services and infrastructure investment.
10. Goal F, Section 4, Subsection h – Town staff to continue to provide Biannual Reports to
review progress at Town Council meetings on Police Reforms, including independent
investigations, mental health/homeless support, traffic stop data, and options for
nonemergency calls.
11. Goal F, Section 4, Subsection i – Town staff to continue to strengthen the Police
Department relationship with County Behavioral Health and Crisis Response Teams.
12. Goal F, Section 4, Subsection j - Town staff to work toward the Police Chief’s goal for all
Department personnel to exceed the minimum number of hours of training in de-
escalation and crisis intervention.
13. Goal F, Section 4, Subsection k- Town staff to continuously review and update Town
policies and procedures to ensure that it is employing the best practices for hiring,
training, eliminating bias, and ensuring the public’s safety.
14. Goal E, Section 1, Subsection b – Town staff to investigate ways to attract affordable
housing developers to the Town of Los Gatos.
Council Member Hudes commented on concerns with the following items listed in the DEI Plan:
1. Goal B, Section 1, Subsection b – Town staff/DEI Commission to evaluate
heritage/holiday celebrations and recognitions in the Holiday and Recognition Work
Plan.
2. Goal B, Section 2, Subsection b – Town staff/DEI Commission/Community Partners to
work with other Boards, Commissions, and Committees to curate safe and engaging
learning, dialogue and advocacy spaces for all community members.
3. Goal B, Section 2, Subsection e, Subparagraph i – Consider a Park Stewardship Program
to develop meaningful relationships between different groups (example: seniors) and
each park.
4. Goal B, Section 3, Subsection b – Town staff to develop diversity, sensitivity, and
awareness training courses and curriculum for residents, business owners, and local
organizations to take part in.
5. Goal D, Section 2, Subsection b, Subparagraph i – Develop a local business pledge about
belonging and unwillingness to tolerate discrimination.
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Council Member Hudes commented in support of the following items listed in the DEI Plan:
1. Goal B, Section 2, Subsection e – Town staff/Commissions to explore options for
bringing diversity and incorporating equity into Town parks, open space, and the
community garden (create a garden and food-based programs and identify additional
spaces for a community garden).
2. Goal B, Section 2, Subsection d – Town staff to explore the possibility of film
festivals/benefit events at the Los Gatos Theatre.
Council Member Hudes suggested the following items:
1. Explore cultural food festivals, cooking demos, dancing, street fairs.
2. Promoting and possible subsidizing adult school multicultural offerings such as
languages and music classes.
3. Organizing community cultural participation in local schools
4. Aggressively pursue funding opportunities for actual affordable housing construction
rather than luxury development projects.
Council Member Moore commented in support of the following items listed in the DEI Plan:
1. Goal E, Section 1, Subsection b – Town staff to investigate ways to attract affordable
housing developers to the Town of Los Gatos.
2. Goal B, Section 1, Subsection b - Town staff/DEI Commission to evaluate
heritage/holiday celebrations and recognitions in the Holiday and Recognition Work
Plan making sure all faith groups are brought into the holiday discussions and events.
3. Goal F, Section 1, Subsection b - Town staff to create a defined set of criteria that
measures and prioritizes equitable distribution of Capital Improvement (CI) Projects
Town-wide.
4. Goal C, Section 1, Subsection a, Subparagraph ii - Focus on collaborative projects that
promote healing.
5. Goal B, Section 4, Subsection a - Town staff in the Police Department to continue to
offer a Community Police Academy, or similar program, to educate community
members on law enforcement policies, practices, and problem solving, as well as
promoting the opportunity for one-on-one interaction with Department members in a
relaxed environment (add Police Department to work with community members to talk
about how hate interacts with community).
6. Goal A, Section 2, Subsection a – DEI Commission to recommend additional action items
to the Town Council to make visible the equity issues that matter to the larger
community.
7. Goal C, Section 1, Subsection a, Subparagraph i – Meet with community partners to
determine how they would like to manifest equity learning in the community. Focused
on, but not limited to, the following local groups: local businesses; community-based
organizations; nonprofits; education partners; faith-based partners; Town Departments;
and other Town Commissions.
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8. Goal D, Section 1, Subsection a – Town staff/DEI Commission/Community Partners to
create a yearly communications campaign centered around equity education and
promotion of community events. Include in this process: visible signage/banners, local
art, and art displays.
Council Member Moore suggested the following items:
1. Consider working with additional schools in the area regarding DEI programming.
Vice Mayor Badame commented in support of the following items in the DEI Plan and stated
she would trust the DEI Commission to advise the Town Council on action items of their
deliberation:
1. Action items relating to safety.
2. Goal F, Section 4, Subsection b - Town staff to update the Town’s Anti-Harassment
Policy to meet current best practices, including anti-bullying.
Mayor Ristow commented in support of the following items listed in the DEI Plan:
1. Goal A, Section 1, Subsection a – In partnership with other Commissions, DEI
Commission to review the community grants rubric for the community grant
distribution process through an equity lens.
2. Goal B, Section 1, Subsection a – Town staff/DEI Commission to review the Town’s four
events (Spring into Green, 4th of July Symphony in the Park, Screen on the Green, and
Winter Celebration) with an equity lens and requested broadening the events to be
more expansive or adding new events such as a food culture event.
3. Goal B, Section 2, Subsection d – Town staff to explore the possibility of film
festivals/benefit events at the Los Gatos Theatre.
4. Goal B, Section 4, Subsection a – Town staff in the Police Department to continue to
offer a Community Police Academy, or similar program, to educate community
members on law enforcement policies, practices, and problem solving, as well as
promoting the opportunity for one-on-one interaction with Department members in a
relaxed environment.
5. Goal B, Section 4, Subsection e – Town staff to continue to enhance awareness of DEI
through expanded Library programing for both adults and children.
6. Goal D, Section 1, Subsection a – Town staff/DEI Commission/Community Partners to
create a yearly communications campaign centered around equity education and
promotion of community events. Include in this process: visible signage/banners, local
art, and art displays.
7. Goal D, Section 2, Subsection a - Town staff/DEI Commission/Community Partners to
create a new Town tagline, in concert with the mission statement that involves the spirit
of ‘belonging’, as a north star for ongoing work and make a request to have the
commission reevaluate the commission name.
8. Goal F, Section 4, Subsection h – Town staff to continue to provide Biannual Reports to
review progress at Town Council meetings on Police Reforms, including independent
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investigations, mental health/homeless support, traffic stop data, and options for non-
emergency calls.
5. Goal F, Section 4, Subsection i - Town staff to continue to strengthen the Police
Department relationship with County Behavioral Health and Crisis Response Teams.
6. Goal F, Section 4, Subsection j - Town staff to work toward the Police Chief’s goal for all
Department personnel to exceed the minimum number of hours of training in de-
escalation and crisis intervention.
MOTION: Motion by Council Member Moore to accept the Diversity, Equity, and Inclusion
(DEI) Plan. AMENDMENT: Accept the DEI Plan and add a more refined memo or
addendum with the direction received from Council and to provide that direction to
the DEI Commission in January and add the five-question Government Alliance on
Race and Equity (GARE) (five questions: what is your timelines, how will you evaluate
and report progress overtime, how will you know when an action is complete, can
you retain stakeholder participation, does it ensure internal meaning government
and public accountability) as a suggested framework to accomplish tangibility to be
part of the addendum. Seconded by Mayor Ristow.
VOTE: Motion passed 3-2. Vice Mayor Badame and Council Member Hudes voted no.
ADJOURNMENT
The meeting adjourned at 11:40 p.m.
Respectfully Submitted:
Jenna De Long, Deputy Town Clerk