040224
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
Minutes of the Town Council Meeting
Tuesday, April 2, 2024
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing
teleconferencing means on Tuesday, April 2, 2024, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 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 Ristow led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS i. The Los Gatos Foundation for Older Adults to Thrive gave a presentation on the status of its
work.
ii. Mayor Badame issued a Poetry Month Proclamation and Town Poet Laureate William Ward
Butler read one of his poems.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Minutes of the March 15, 2024 Special Town Council Meeting.
2. Approve Minutes of the March 19, 2024 Closed Session Town Council Meeting.
3. Approve Minutes of the March 19, 2024 Special Town Council Meeting - Commissioner
Interviews.
4. Approve Minutes of the March 19, 2024 Town Council Meeting.
5. Approve Minutes of the March 26, 2024 Closed Session Town Council Meeting.
6. Authorize the Town Manager to Execute an Agreement with Peckham & McKenney for
Town Manager Recruitment Services in an Amount not to Exceed $32,000.
7. Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos
Amending the Zoning from C-1 (Neighborhood Commercial) to RD (Residential Duplex) for
Properties Located at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080,
and 15081 Downing Oak Court.” APNs 523-41-024, -033, -025, -032, -026, -031, -030, -027,
-029, and -028. Exempt pursuant to CEQA Guidelines 15061 (b)(3): Review for Exemption.
Zoning Amendment Application Z-24-002. Applicant: Town of Los Gatos. Project Planner:
Sean Mullin. ORDINANCE 2357
PAGE 2 OF 8 SUBJECT: Minutes of the Town Council Meeting of April 2, 2024 DATE: April 2, 2024
8. 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 Appeals from the
Decision by the Planning Director, Appeals from the Decision of the Historic Preservation
Committee, Assignment of Duties to the Planning Director, Assignment of Duties to the
Planning Commission, Powers and Duties of Planning Commission, Powers and Duties of
the Planning Director, and Powers and Duties of the Historic Preservation Committee” and
Adopt a Resolution Titled “Resolution of the Town Council of the Town of Los Gatos
Amending the Enabling Resolution of the Historic Preservation Committee and Rescinding
Resolution 2021-043.” The Proposed Amendments to the Town Code are Not Considered a
Project Under Section 15378 of the California Environmental Quality Act. Town Code
Amendment Application A-24-001. Applicant: Town of Los Gatos. Project Planner: Sean
Mullin. ORDINANCE 2355
9. Adopt an Ordinance Titled, “An Ordinance of the Town Council of the Town Los Gatos
Amending Chapter 1 Article III, ‘Administrative Citations,’ Chapter 11, ‘Garbage, Refuse,
and Weeds,’ and Chapter 16, ‘Noise’ of the Town Code.” ORDINANCE 2356
10. Modify the Town of Los Gatos Donation Opportunities FY 2023/24 List of Town Needs,
Accept the Donation of Automated External Defibrillators and Outdoor SaveStation®
Cabinets from the Kyle J. Taylor Foundation, and Authorize the Town Manager to Sign the
Acknowledgement Form Provided by the Donor.
11. Approve a Novation Replacing Columbia Telecommunications Corporation with Imperial
County Office of Education for the State Negotiated Contract for the Library’s Corporation
for Educational Network Initiatives in California Broadband Connection and Servicing.
12. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $65,000 to
Recognize Receipt of State Homeland Security Grant Program (SHSGP) funds and Authorize
the Town Manager to Execute the Required Agreement and Grant Documents to Receive
Reimbursement Funds in Accordance with SHSGP Requirements.
13. Authorize the Town Manager to Execute a Third Amendment with HdL Companies for
Business License Consulting and Reviewing Services to Review Draft Procedures for the
Apportionment of Business License Taxes with Netflix Inc. Not to Exceed $40,000 with a
Total Contract Not to Exceed $273,000.
14. Chavan & Associates Agreement:
a. Authorize the Town Manager to Execute a First Amendment with Chavan & Associates,
LLP. for Auditing Services Adding Transportation Development Act Audit Services and
Increasing the Compensation by $15,500 for a Total Agreement Not to Exceed
$132,500; and
b. Authorize an Expenditure Budget Adjustment in the Amount of $10,500 from the
Available General Fund Capital/Special Projects Reserve.
15. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion for the Fiscal Year 2022/23 Annual Street Repair and Resurfacing Project (CIP
No. 811-9901), Completed by Pavement Coatings, and Authorize the Town Clerk to File for
Recordation.
PAGE 3 OF 8 SUBJECT: Minutes of the Town Council Meeting of April 2, 2024 DATE: April 2, 2024
16. Reschedule to April 16, 2024, 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.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to approve consent items 1-16. Seconded by
Council Member Moore.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Joesph Enz
- Commented on the status of the unhoused individuals and thanked Town Manager Prevetti
for her service.
John Shepardson
- Commented on the Union School district’s sale of the Mirassou Elementary School open
space, stated concerns, and requested Council protect the open space.
OTHER BUSINESS
17. Receive a Report on the Transportation Impact Fee and Provide Direction.
Nicolle Burnham, Parks and Public Works Director, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item and had a consensus that additional analysis to explore several
options and return to Town Council with the results.
MOTION: Motion by Vice Mayor Hudes to continue this item with the Council’s verbal
comments that were made as input to staff and ask that in the follow-up to this,
Council be presented with no more than three options with a staff recommendation.
Seconded by Mayor Badame.
VOTE: Motion passed unanimously.
PAGE 4 OF 8 SUBJECT: Minutes of the Town Council Meeting of April 2, 2024 DATE: April 2, 2024
18. Discuss Potential Next Steps with Regard to the Referendum of Land Use and Community
Design Elements of 2040 General Plan and Provide Direction to Staff.
Gabreille Whelan, Town Attorney, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Ristow to rescind the 2040 Community Design and Land
Use Elements. Seconded by Council Member Rennie.
SUBSTITUTE MOTION: Motion by Vice Mayor Hudes to continue this item until May 21, which
is four days after [the Town is] due to receive comments from HCD. Seconded by Mayor
Badame.
SUBSTITUTE VOTE: Motion failed 2-3. Council Members Moore, Rennie, and Ristow voted
no.
VOTE: Motion passed 3-2. Vice Mayor Hudes and Mayor Badame voted no.
MOTION: Motion by Council Member Rennie to bring this discussion back after the Housing
Element is certified. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
Mayor Badame recessed the meeting at 9:01 p.m.
Mayor Badame reconvened the meeting at 9:10 p.m.
PUBLIC HEARINGS
19. Adopt a Resolution Approving the Comprehensive Fee Schedule for Fiscal Year 2024/25 to
Continue Certain Department Fees, Rates, and Charges, and Amending Certain Fees, Rates,
and Charges for Fiscal Year 2024/25. RESOLUTION 2024-013
Gitta Ungvari, Finance Director, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
PAGE 5 OF 8 SUBJECT: Minutes of the Town Council Meeting of April 2, 2024 DATE: April 2, 2024
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to adopt the resolution approving the Comprehensive
Fee Schedule for Fiscal Year 24/25 contained in Attachment 1. Seconded by Council
Member Moore.
VOTE: Motion passed unanimously.
20. Introduce an Ordinance Titled, “An Ordinance of the Town Council of the Town of Los
Gatos Amending Chapter 29, ‘Zoning Regulations,’ Article I, ‘In General,’ Division 3 ‘Signs,’
of the Town Code Regarding Sign Regulations” as Recommended by the Planning
Commission. The proposed amendments to the Town Code are not a project subject to
CEQA [CEQA Guidelines Section 15061(b)(3)]. Town Code Amendment Application A-24-
002. Project Location: Town Wide. Applicant: Town of Los Gatos.
Gabreille Whelan, Town Attorney, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to adopt the [staff] recommendations with the
exception of political signs and direct the Town Attorney to come back with a
proposal that more closely matches current political sign policy. Seconded by
Mayor Badame.
Town Attorney Whelan recommended the ordinance as a whole return to Council.
Vice Mayor Hudes withdrew the motion.
MOTION: Motion by Vice Mayor Hudes to continue this item with a modification [to political
signs] and consider it at a future date. Seconded by Mayor Badame.
VOTE: Motion passed 4-1. Council Member Ristow voted no.
PAGE 6 OF 8 SUBJECT: Minutes of the Town Council Meeting of April 2, 2024 DATE: April 2, 2024
OTHER BUSINESS
21. Discuss the Code of Conduct Policy Sections V. and XI. Pertaining to Councilmember
Communications.
Gabreille Whelan, Town Attorney, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to adopt item 1, option 3 (language listed for in the
PowerPoint presentation for Section V. Subsection C. of the Code of Conduct, which
states “provide that, in Mayor’s absence or unavailability, Vice Mayor is
responsible”), and item 2 (language listed for in the PowerPoint presentation for
Section V. Subsection C. of the Code of Conduct, listed in the PowerPoint
presentation which states “clarify that the Mayor’s communication with the Town
Council will conform with the Brown Act”). Seconded by Council Member Ristow.
Council Member Hudes withdrew the motion.
MOTION: Motion by Vice Mayor Hudes to adopt item 2 (language listed for in the PowerPoint
presentation for Section V. Subsection C. of the Code of Conduct, listed in the
PowerPoint presentation which states “clarify that the Mayor’s communication with
the Town Council will conform with the Brown Act”), and change the wording under
Vice Mayor, Subsection A. to “In the Mayor’s absence, the Vice Mayor shall perform
the duties of the Mayor,” striking the word “formal.” Seconded by Council Member
Ristow.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Hudes to add item 1 about the Brown Act [as listed in the
PowerPoint presentation for Section XI. of the Code of Conduct (add ‘where not
prohibited by the Brown Act’ to sentence referencing Mayor’s communication with
Town Councilmembers)] and directed the Town Attorney to work on item 2 & 3 [(2)
explain the difference between a policy matter pending before the Town Council
and a future quasi-adjudicatory project; and (3) separate out discussion of quasi-
adjudicatory decisions and address participation in community meetings] to make
changes to separate policy from quasi-adjudicatory; adopt item 4 (change references
PAGE 7 OF 8 SUBJECT: Minutes of the Town Council Meeting of April 2, 2024 DATE: April 2, 2024
to “full” Town Council to a “majority” of the Town Council); add item 5 “No
Councilmember shall communicate in a manner that appears to come from the
Town or Town staff or the Town Council.” Move forward with item 6 (provide
examples of how to indicate to the press that a Councilmember is speaking on his or
her own behalf and not on behalf of the Council); and change the last sentence of
Section XI to such statements are permissible if clearly characterized as personal
opinion or policy change objectives including those made on behalf of another
elected official, or on behalf of a public or state agency or political subdivision,
rather than the opinion of the majority of the Town Council. Seconded by Council
Member Ristow.
VOTE: Motion passed unanimously.
COUNCIL/TOWN MANAGER REPORTS Council Matters
- Council Member Ristow stated she participated in the Council Policy Committee; attended
the annual update for the Lehigh Cement Plant and Quarry closing, and the Kiwanis Club
100th Anniversary Gala.
- Council Member Moore stated he will hold his Council Member Happy Hour and
Community Coffee; met with business owners to discuss SB 330 applications; and
commented on the Chamber of Commerce’s “You Belong in Los Gatos” street pole banner
contest.
- Vice Mayor Badame stated she participated in a Democracy Tent meeting; met with Don
Capobres regarding N40 Phase II; attended the Policy Committee as an observer, Mayor
and Managers meeting, and the Kiwanis Club 100th Anniversary Gala.
- Council Member Rennie stated he had nothing of significance to report.
- Vice Mayor Hudes stated he met with Los Gatos Foundation for Older Adults to Thrive;
participated in the Policy Committee; met with the Community Center Committee of the
Foundation; listened a portion of Silicon Valley Regional Interoperability Authority meeting
and a portion of the Community Health and Senior Services Commission (CHSSC) meeting;
participated in the Kiwanis Club 100th Anniversary Gala and the Sourcewise Advisory
Committee meeting.
Manager Matters
- Announced the Youth Commission recruitment is open. Applications are due on May 1 and
all information is on the website.
- Spring into Green will be held on April 21, at 10 a.m. in Town Plaza Park and invited all to
attend.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session pursuant to
Government Code §54956.9 to discuss anticipated litigation and stated there was no reportable
action.
PAGE 8 OF 8 SUBJECT: Minutes of the Town Council Meeting of April 2, 2024 DATE: April 2, 2024
ADJOURNMENT
The meeting adjourned at 11:08 p.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk