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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
NOVEMBER 07, 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]
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TOWN OF LOS GATOS COUNCIL MEETING AGENDA NOVEMBER 07, 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 879 2200 5778 in the “Join a Meeting” page on the
Zoom website at https://zoom.us/join.
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
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
will be reviewed and distributed before the meeting. All comments received will become part of
the record.
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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)).
PLEDGE OF ALLEGIANCE
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 the Council Study Session Meeting Minutes of October 10, 2023.
2. Approve the Closed Session Council Meeting Minutes of October 17, 2023.
3. Approve the Council Meeting Minutes of October 17, 2023.
4. Approve the Closed Session Town Council Meeting Minutes of October 30, 2023.
5. Authorize Revenue and Expenditure Budget Adjustments in the Total Amount of
$19,672 to Recognize Receipt and Expenditure of Grant Funding Received by the Library.
6. Adopt 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. PROPERTY OWNER/APPLICANT: Jesus Ching and Kathleen Ban.
PROJECT PLANNER: Jocelyn Shoopman.
7. Adopt a Resolution Accepting Funds from the California Supplemental Law Enforcement
Service Fund (SLESF).
8. Adopt a Resolution Acknowledging the Completion of Public Right-of-Way
Improvements by Chang 2003 Family Trust for the Subdivision Located at 16940 Roberts
Road and Authorizing the Town Manager to Execute and Record a Notice of Completion
and Certificate of Acceptance.
9. Adopt a Resolution Approving Changes to the Town’s Comprehensive Fine Schedule
Amending the Fines for Violations of the E-Bike Ordinance and Tobacco Retailing
Ordinance and Correcting Outdated References to Town Code Sections for Other
Violations.
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10. Adopt a Resolution to Seek Membership in the American Association of Retired People
(AARP) Network of Age-Friendly Communities.
11. Authorize the Town Manager to Execute an Updated Agreement Between the Town of
Los Gatos and the County of Santa Clara for Administration of the Town’s Tobacco Retail
Permit Program.
12. Approve a Side Letter of Agreement Between the Town of Los Gatos and the Town
Employee Association (TEA) to establish a “Retention and Recruitment Bonus” for
Dispatch Classifications Beginning July 9, 2023 and Ending June 30, 2024, Authorize the
Town Manager to Execute the Side Letter, and Authorize a FY 2023/24 Expenditure
Budget Adjustment in the Amount of $103,100 from the Capital/Special Projects
Reserve.
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. To ensure all agenda items are heard, this portion of the agenda is limited to 30
minutes. 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. 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 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.)
13. Adopt an Enabling Resolution to Change the Name of the Parks Commission to the Parks
and Sustainability Commission and Add Appropriate Powers and Duties and Rescind
Resolution 2016-057; and Introduce an Ordinance Titled “An Ordinance of the Town
Council of the Town of Los Gatos Amending Town Code Section 19.20.010, ‘Parks and
Recreation – Created’ and Section 26.10.070, ‘Trees and Shrubs – Appeals’ to Update
Reference to Parks Commission to Parks and Sustainability Commission.”
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
14. Discuss and Provide Any Requested Modifications to the Proposed Joint Powers
Agreement to Create the Cities Association of Santa Clara County Joint Powers Agency.
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.)
15. Hear Protests and Adopt a Resolution Making Determinations and Approving 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
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Application AN22-001. Project Location: 15810 Los Gatos Boulevard. Property
Owner/Applicant: Jesus Ching and Kathleen Ban.
16. Approve a Recommendation of the Planning Commission to Adopt a Resolution to
Amend the General Plan to Include a Description of the Housing Element Overlay Zone
and 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 to Replace the
Affordable Housing Overlay Zone Division 5 of Article VIII, ‘Overlay Zones and Historic
Preservation,’ With the Housing Element Overlay Zone As Division 5 of Article VIII,
‘Overlay Zones and Historic Preservation.’” 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 and Town Code Amendments. No further
Environmental Analysis is Required. Zoning Code Amendment Application Z-23-002 and
General Plan Amendment Application GP-23-002. Applicant: Town of Los Gatos. Project
Planners: Jocelyn Shoopman and Erin Walters.
17. Approve a Recommendation of the Planning Commission to Adopt a Resolution to
Amend the General Plan Land Use Designation of 16492 Los Gatos Boulevard and
Assessor Parcel Number (APN) 532-07-086 from Low Density Residential to
Neighborhood Commercial; Amend the General Plan Land Use Designation of Caltrans
Right-of-Way Adjacent to 14685 Oka Road from Low Density Residential to Medium
Density Residential; and Introduce an Ordinance Titled “An Ordinance of the Town of
Los Gatos Amending the Zoning Code from R-1:8 (Single-Family Residential) to R-M
(Multiple-Family Residential) for a Caltrans Right-of-Way Property Located Adjacent to
14685 Oka Road; and Apply the Housing Element Overlay Zone (HEOZ) to Provide for
Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for
Residential Development on the Following Sites Included in the Sites Inventory Analysis
of the 2023-2031 Housing Element:
APN’s 424-06-116, 424-07-116, 424-08-029, 424-08-058, 424-08-059, 424-08-060, 424-
08-074, and 532-07-085; 620 and 14000 Blossom Hill Road; 16210, 16240, 16245,
16250, 16260, 16270, and 16392 Burton Road; Cal Trans Right-of-Way Adjacent to
14685 Oka Road; 110 and 206 Knowles Drive; 445 Leigh Avenue; 440 Los Gatos Almaden
Road; 16603 Lark Avenue; 14823, 14831, 14849, 14859, 14917, 14925, 15795, 16151,
16203, and 16492 Los Gatos Boulevard; 165 Los Gatos Saratoga Road; and 14800 and
14840 Oka Road.“
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 and Zoning
Code Amendments. No further Environmental Analysis is Required. Zoning Code
Amendment Application Z-23-003 and General Plan Amendment Application GP-23-003.
Applicant: Town of Los Gatos.
18. Approve a Recommendation of the Planning Commission to Introduce an Ordinance
Titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing
Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height,
Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites
Included in the Site Inventory Analysis of the 2023-2031 Housing Element: 401 through
409 Alberto Way, 50 Los Gatos-Saratoga Road, 529-24-001, and 529-24-003.” An
Environmental Impact Report was Prepared and Certified for the 2040 General Plan
Update on June 30, 2022, which Included the Proposed Zoning Code Amendments. No
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further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-
003. Applicant: Town of Los Gatos.
19. Approve a Recommendation of the Planning Commission to Introduce an Ordinance
Titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing
Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height,
Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites
Included in the Sites Inventory Analysis of the 2023-2031 Housing Element: 15300,
15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard.” An
Environmental Impact Report was Prepared and Certified for the 2040 General Plan
Update on June 30, 2022, which Included the Proposed Zoning Code Amendments. No
further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-
003. Applicant: Town of Los Gatos.
20. Approve a Recommendation of the Planning Commission to Introduce an Ordinance
Titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing
Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height,
Floor Area Ratio, and Lot Coverage for Residential Development on the Following Site
Included in the Sites Inventory Analysis of the 2023-2031 Housing Element: 101 South
Santa Cruz Avenue.” An Environmental Impact Report was Prepared and Certified for
the 2040 General Plan Update on June 30, 2022, which Included the Proposed Zoning
Code Amendments. No further Environmental Analysis is Required. Zoning Code
Amendment Application Z-23-003. Applicant: Town of Los Gatos.
21. 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
Accessory Dwelling Units and Correcting Outdated References in Town Code Sections
Pertaining to Termination of Nonconforming Use Status, Requirements for a Two-Unit
Development Under Senate Bill 9 (SB 9), and Civil Penalties.” The Environmental Impacts
of the Proposed Amendments to the Town Code were Analyzed in the Environmental
Impact Report for the 2040 General Plan. Additionally, the Proposed Amendments are
Exempt Pursuant to CEQA, Section 15061(b)(3). Town Code Amendment Application A-
23-002. Project Location: Town Wide. Applicant: Town of Los Gatos.
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.