02 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: 02/06/2024 ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
Tuesday, January 16, 2024
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing
teleconferencing means on Tuesday, January 16, 2024, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:02 P.M.
ROLL CALL Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore,
Council Member Rob Rennie, Council Member Maria Ristow.
Absent: None
PLEDGE OF ALLEGIANCE
Council Member Rennie led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS Mayor Badame presented commendations to outgoing commissioners.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session to discuss two
items of potential litigation pursuant to Government Code Section 54956.9e(1) and to discuss
real property negotiations pursuant to Government Code Section 54956.8 and stated there was
no reportable action.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Vice Mayor Hudes stated he participated in the Foundation for Older Adults to Thrive
Initiatives and Publicity Committee meeting, and two Foundation for Older Adults to Thrive
Executive Committee meetings; met with a resident regarding Senate Bill 9; participated in
a Finance Commission meeting; toured the Los Altos Community Center; participated in a
Foundation for Older Adults to Thrive meeting; attended a screening of Eating Our Way to
Extinction put on by Plant Based Advocates; attended a Diversity, Equity, and Inclusion
Commission Meeting; met with Tyler Taylor of Successful Aging Solutions & Community
Consulting (SASCC); and looked at property located at 124 Garden Hill Road.
- Council Member Rennie stated he met with a Housing Element Advisory Board (HEAB)
member; attended a Silicon Valley Clean Energy Authority (SVCEA) Ad Hoc CEO Advisory
Committee meeting; met with the auditors for Valley Transportation Authority (VTA) as the
Chair of Policy Advisory Committee; had a one-on-one with the outgoing SVCEA CEO;
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attended a Finance Commission meeting; met with staff members of SVCEA; attended a
SVCEA Board meeting; met with the Chair of Historic Preservation Committee (HPC).
- Council Member Moore stated he attended the St. Luke’s Food Pantry; toured the Los Altos
Community Center; attended a screening of Eating Our Way to Extinction put on by Plant
Based Advocates; hosted his community coffee; met with architects, developers and
residents; attended the Heart-to-Heart Conference; attended a West Valley Sanitation
District Authority (WVSDA) meeting; stated he will host an informal happy hour.
- Council Member Ristow stated she met with two members of the HEAB; met with people
interested in applying for Town Commissions, architect Jay Plett and his client, and
residents to discuss several issues; observed the January Finance Commission meeting;
attended the St. Vincent de Paul monthly meeting; stated she is looking forward to
upcoming HEAB meeting and representing Los Gatos on the VTA Policy Advisory
Committee.
- Mayor Badame stated she participated in a meeting with Los Gatos Leaders at Hotel Los
Gatos; attended a meeting of the Finance Commission as an observer, Town Boards,
Commissions and Committees orientations, ribbon cutting of Hotel Los Gatos, and the
Leadership Los Gatos Community Connections session.
Manager Matters
- Announced a mid-cycle Board, Commission, and Committee recruitment will open soon;
stated there are two opening for the Finance Commission, one opening for the Diversity,
Equity, Inclusion, Commission for a Los Gatos business owner/resident seat, and other
opportunities will be available; and stated interviews are tentatively scheduled for March
19, 2024, at 5:00 p.m. and more information can be found on the Town Clerk webpage.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Town Council Closed Session Minutes of December 19, 2023.
2. Approve Town Council Study Session Minutes of December 19, 2023.
3. Approve Council Meeting Minutes of December 19, 2023.
4. Adopt a Resolution to Extend the Term of the Housing Element Advisory Board.
RESOLUTION 2024-001
5. Authorize the Town Manager to Execute a Six-Year Agreement for Services with New Image
Landscape Co. for Landscape Maintenance Services for a Total Agreement Amount Not to
Exceed $846,932 Plus Allowable Increase Adjustments Made for Consumer Price Index
(CPI) Beginning in Year 2 of Contract.
6. Rescind Resolution 2023-063 and Adopt a Revised 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 Application AN22-001. Project Location: 15810 Los Gatos Boulevard. Property
Owner/Applicant: Jesus Ching and Kathleen Ban. RESOLUTION 2024-002
7. Authorize the Town Manager to Execute the Following Agreements with San José
Conservation Corps:
a. Episodic Support for Winter Storm Response in an Amount Not to Exceed $15,000 and
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b. Parks-Related Support Staffing in an Amount Not to Exceed $87,100.
8. Receive the Monthly Financial and Investment Report for November 2023.
9. Authorize the Town Manager to Negotiate and Execute a Lease Agreement with Candler
for LTFJ S Corp for 41 North Santa Cruz Avenue, in Substantially the Form Presented for a
23-Month Initial Term with One Option to Extend for an Additional 24 Months.
10. Authorize the Town Manager to Negotiate and Execute a Fifth Amendment to a Parking Lot
Lease with Frontier California Inc. (formerly Verizon), in Substantially the Form Presented,
to Extend the Lease for an Additional Five Years in an Amount Not to Exceed $363,146 Over
Those Five Years.
Rob Moore stated he will recuse himself from Item 7 due to San José Conservation Corps being
his employer.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to approve consent items 1-10. Seconded by
Vice Mayor Hudes.
VOTE: Motion passed unanimously; Council Member Moore recused from Item 7.
VERBAL COMMUNICATIONS
Chris Wiley
- Requested Council make a symbolic gesture to “bury the hatchet.”
Joseph Enz, Friends of the Los Gatos Creek
- Provided positive comments about the Town’s homeless community.
Marilee Ankaitis
- Commented on concerns with parking in the Olive Zone and on Villa Avenue and the
monitoring of the parking permits.
Phillipp Bosshard
- Commented on concerns with parking on Villa Avenue and the Olive Zone.
OTHER BUSINESS
11. Review and Discuss the Proposed Revisions to the Draft Revised 2023-2031 Housing
Element. Location: Town-Wide. General Plan Amendment Application GP-22-003.
Erin Walters, Associate Planner, presented the staff report.
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Mayor Badame opened public comment.
Chris Bajorek
- Commented on concerns with Housing Element Plan process.
Lee Quintana
- Commented on the California Department of Housing and Community Development’s
(HCD) concerns with accessibility and mobility and made suggestion for possible rezoning.
Susan Burnett
- Commented on concerns with availability of HCD staff and builders’ remedy.
Rich
- Commented on concerns with proposed project building heights, traffic, and infrastructure.
Tony Alarcon
- Commented on providing pre-approved Accessory Dwelling Unit plans, allowing boarding
houses on religious sites, and providing communal living.
Mayor Badame closed public comment.
MOTION: Motion by Vice Mayor Hudes to use the Los Altos program 6G wherever possible,
adopt the concepts and the language that are in Los Altos program (in Attachment
5). Seconded by Mayor Badame.
VOTE: Motion fails 2-3. Council Members Ristow, Rennie, and Moore voted no.
MOTION: Motion by Council Member Moore to bundle the steps to increase housing mobility
similar to Los Altos in the Town’s Housing Element, and modify program J to change
the language from “in all neighborhoods” to “in a variety of neighborhoods.”
Seconded by Council Member Ristow.
VOTE: Motion passed 3-2. Vice Mayor Hudes and Mayor Badame voted no.
Recess 9:15 p.m.
Reconvene 9:25 p.m.
Council continued discussion on the proposed revisions to the Draft Revised 2023-2031 Housing
Element.
MOTION: Motion by Vice Mayor Hudes to address comment 1b in the Desk Item by following
the example of Los Altos Hills, specifically with table 49 and table 50. Seconded by
Council Member Moore.
VOTE: Motion passed unanimously.
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PUBLIC HEARINGS
12. Conduct a Public Hearing for the Town’s Transportation Impact Fee Program to:
a. Adopt a Resolution to Adopt the Transportation Impact Nexus Study Dated November
2023 (including the Project List – Appendix 1 Which Serves as the Town’s
Transportation Capital Improvement Plan); RESOLUTION 2024-003
b. Adopt a Resolution to Update a Transportation Impact Fee to Replace the Town’s
Existing Traffic Impact Mitigation Fee; RESOLUTION 2024-004
c. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los
Gatos Amending Town Code Section 15, Article VII ‘Traffic Impact Mitigation Fees’”;and
d. Adopt a Resolution to Modify Town Council Policy 1-08: “Transportation Impact Policy.”
RESOLUTION 2024-005
Nicolle Burnham, Parks and Public Works Director, presented the staff report.
Mayor Badame opened public comment.
Colin Corbett
- Inquired about the types of infrastructure in place.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to adopt a resolution to adopt the
Transportation Impact Nexus Study dated November 2023 (including the Project List
– Appendix 1 Which Serves as the Town’s Transportation Capital Improvement Plan)
(attachment 1); adopt a resolution to update a Transportation Impact Fee to replace
the Town’s Existing Traffic Impact Mitigation Fee (attachment 2); Introduce an
Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos
Amending Town Code Section 15, Article VII ‘Traffic Impact Mitigation Fees’”
(attachment 3); and adopt a resolution to modify Town Council Policy 1-08:
“Transportation Impact Policy.” Seconded by Council Member Moore.
VOTE: Motion passed 4-1. Mayor Badame voting no.
MOTION: Motion by Council Member Rennie to take the remaining agenda items in the
following order: 13, 17, 14, 15, 16. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
13. Weed Abatement Public Hearing to Consider Objections to the Proposed Abatement of
Hazardous Vegetation (Weeds) for Properties Listed on the 2024 Weed Abatement
Program Commencement Report and Order the Abatement.
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Meredith Johnston, Administrative Technician for the Parks and Public Works Department,
presented the staff report.
Mayor Badame opened public comment.
Colin Corbett
- Objected to the fees due to purchasing the house after the inspection was complete and
conforming with the abatement after purchase.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Moore to remove 15970 Quail Hill Road from the
abatement list and move forward with the rest of the listed properties. Seconded by
Council Member Rennie.
VOTE: Motion passed unanimously.
17. Consider an Appeal of a Planning Commission Decision to Deny a Fence Height Exception
Request at 124 Garden Hill Drive for the Construction of a Six-Foot Tall Fence Located
Within the Required Front Yard Setback, Street Side Yard Setback, and Corner Sight
Triangle on Property Zoned R-1:8. APN 424-23-084. Fence Height Exception Application
FHE-23-005. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New
Construction or Conversion of Small Structures and Section 15301: Existing Facilities.
Property Owner: Rushikesh Kulkarni. Applicant/Appellant: Martin Lettunich. Project
Planner: Ryan Safty.
Jennifer Armer, Planning Manager, presented the staff report.
Mayor Badame opened public comment.
Rushikesh Kulkarni, applicant, gave opening comments in support of the appeal.
Rushikesh Kulkarni, applicant, gave closing comments.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to remand the item back to the Planning
Commission, with the findings that the applicant is willing to compromise that would
allow for the corner site line to be visible and direct the Planning Commission to
determine what should happen with the lower part of the fence and how to
accommodate safety concerns. AMENDMENT: Add there was no error or abuse of
discretion by the Planning Commission, the direction was based on new information
that the applicant provided a potential compromise, continue this item to a date
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certain of February 6, 2024, and direct staff to prepare a resolution to remand the
item back to the Planning Commission with findings as previously discussed.
Seconded by Vice Mayor Hudes.
VOTE: Motion passed unanimously.
OTHER BUSINESS 14. Consider the Following Actions:
a. Receive the Information Provided in the Police Services Report: July – December 2023,
b. Authorize the Town Manager to Execute an Agreement with Meliora Public Safety
Consulting to Conduct an Organizational Assessment and Develop a Data Analysis
Toolkit in an Amount Not to Exceed $80,000, and
c. Approve an Expenditure Budget Adjustment in the Amount of $80,000 from the
Available General Fund Capital/Special Projects Reserve.
Jamie Field, Police Chief, presented the staff report.
Mayor Badame opened public comment.
MOTION: Motion by Council Member Hudes to continue the meeting to 12:15 a.m. Seconded
by Council Member Ristow.
VOTE: Motion passed unanimously.
Lee Fagot
- Commended the Los Gatos-Mote Sereno Police Department and commented on concerns
with noise levels, electric bicycle safety, and the Governor recommendation on traffic
speed enforcement.
Michael Silva
- Commented on safety concerns at the Blossom Hill Road and North Santa Cruz Avenue
intersection.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Rennie to receive the information provided in the Police
Services Report: July – December 2023, authorize the Town Manager to execute an
agreement with Meliora Public Safety Consulting to conduct an organizational
assessment and develop a Data Analysis Toolkit in an amount not to exceed $80,000,
and approve an Expenditure Budget Adjustment in the amount of $80,000 from the
available General Fund Capital/Special Projects Reserve. Seconded by Council
Member Ristow.
VOTE: Motion passed unanimously.
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15. Consider Whether the Town Should Retain a Separate Building Board of Appeals and
Provide Direction to Staff.
Gabrielle Whelan, Town Attorney, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to designate the Town Council to assume the
duties of the Building Board of Appeal and disband the existing board. Seconded by
Council Member Moore.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Hudes to extend the meeting until 12:30 p.m. Seconded
by Council Member Moore.
VOTE: Motion passed unanimously.
16. Provide Direction Regarding Potential Amendments to the Historic Preservation Committee
Ordinance and Enabling Resolution.
Gabrielle Whelan, Town Attorney, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Vice Mayor Hudes to adopt option two in the staff report, without the
recusal requirement. [Retain Town Code Section 29.80.255(a) which provides that
Planning Commissioners serve on the Historic Preservation Committee, revise Town
Code Section 29.80.227 to provide that the Historic Preservation Committee is
advisory in nature]. Seconded by Mayor Badame.
VOTE: Motion passed 4-1. Council Member Ristow voted no.
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ADJOURNMENT
The meeting adjourned at 12:26 a.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk