041624
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 16, 2024
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing
teleconferencing means on Tuesday, April 16, 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 (participating remotely).
Absent: None
PLEDGE OF ALLEGIANCE
The Stratford School Student Council led the Pledge of Allegiance. The audience was invited to
participate.
PRESENTATIONS
Mayor Badame presented proclamations to Parks and Public Works Director Nicolle Burnham
for Arbor Day and Keep Los Gatos Beautiful Month, and a proclamation to Captain Clinton Tada
and Dispatchers Christine Crosson and Brooke Smith for Nation Public Safety
Telecommunications Week.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Minutes of the April 2, 2024 Closed Session Town Council Meeting.
2. Approve Minutes of the April 2, 2024 Town Council Meeting.
3. Approve Minutes of the April 8, 2024 Special Town Council Meeting.
4. Authorize the Town Manager to Execute a First Amendment to the Agreement for Services
with Brightview Tree Care Services, Inc. to Increase Compensation for Fiscal Year 2023/24 in
an Amount of $100,000 for a Total Annual Amount Not to Exceed $300,000 and a Total
Agreement Amount Not to Exceed $1,100,000; and Authorize a Revenue and Expenditure
Budget Adjustment in the Amount of $100,000 from the Available Tree Replacement
Deposit Account.
5. Authorize a Budget Transfer of Previously Allocated Measure B Funds in the Amount of
$1,734,250 from the Winchester Boulevard Complete Streets Project (CIP No. 813-0238) to
the Kennedy Road Sidewalk – Los Gatos Boulevard Project (CIP No. 813-0241).
6. Receive the Monthly Financial and Investment Report for February 2024.
7. Adopt a Resolution Describing Improvements and Directing the Preparation of the Town
Engineer’s Report for Fiscal Year 2024/25 for Landscape and Lighting Assessment Districts
No. 1 and 2. RESOLUTION 2024-014
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8. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $15,615.98 to
Recognize Excess Insurance Reimbursement for Damage to Howes Play Lot Structure.
9. Approve the Following Action for the Shannon Road Pedestrian and Bikeway
Improvement Project (CIP No. 813-0218):
a. Authorize the Town Manager to execute Program Supplement No. F0104 to the
Administering Agency-State Agreement for Federal-Aid Project No. 04-5067F15 in the
Amount of $940,100 from the State of California Department of Transportation
(Caltrans).
10. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion for Construction of the Corporation Yard Building Replacement Completed by
S&H Construction, Inc., and Authorize the Town Clerk to File for Recordation.
11. Approve and Authorize the Town Manager to Execute a Memorandum of Understanding
Between the Town of Los Gatos and the Police Officers’ Association, and Authorize an
Expenditure Budget Adjustment in the Amount of $154,376 from the Available General
Fund Capital/Special Projects Reserve.
12. Adopt a Resolution Rescinding the Land Use and Community Design Elements of the 2040
General Plan. RESOLUTION 2024-015
13. Adopt a Resolution Rescinding Resolution Nos. 2024-003, 2024-004, and 2024-005
Regarding the Transportation Impact Fee. RESOLUTION 2024-016
14. Authorize the Town Manager to Execute the First Amendment to the Contract with DKS
Associates to Modify the Scope of Services and Increase Compensation from $160,505 to
$166,647.
Vice Mayor Hudes pulled item #14.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Rennie to approve consent items 1-13. Seconded by
Council Member Moore.
VOTE: Motion passed unanimously by roll call vote.
VERBAL COMMUNICATIONS Rich Stephens
- Commented on concerns with a proposed development on Los Gatos Blvd.
Richard Sandigo
- Commented on concerns with a proposed development on Los Gatos Blvd.
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Rob Stump
- Commented on concerns with traffic and safety and made a request for a second access
point to Los Gatos High School through the proposed Los Gatos Lodge development.
Carin Yamamoto
- Commented on concerns with a proposed development on Los Gatos Blvd.
Joe Enz, Friends of the Los Gatos Creek
- Commented on unhoused residents, creek cleanup, and safety concerns.
Allan Bayless
- Commented on safety concerns and requested accessory dwelling units (ADUs) as housing
options for homeless individuals.
Lynley
- Commented on concerns and spoke about religion.
PUBLIC HEARINGS 15. Open the Public Hearing for an Appeal of a Planning Commission Decision to Deny a
Request to Eliminate a Housing Unit from the Town’s Housing Inventory on Property Zoned
R-1D, Located at 501 Monterey Avenue, and Continue the Matter to May 7, 2024. APN 410-
15-052. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities.
Architecture and Site Application S-23-038. Property Owner/Applicant/Appellant: Katrina
and Carlos Azucena. Project Planner: Sean Mullin
Jennifer Armer, Planning Manager, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Staff stated no further action is required because the appellant withdrew the appeal.
OTHER BUSINESS
16. Establish a Town Council Policy Governing Town Board, Commission, and Committee
Budgets. POLICY 5-03
Laurel Prevetti, Town Manager, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
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Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to approve the Commission Budget Town Council
Policy to establish the consistency and clear guidelines for the appropriate use of
funds by Town Commissions. AMENDMENT: Add language to section [II. (A)(4)]
stating “paying for the registration for a table or booth at a non-Town event in
conformance with State law.” Seconded by Council Member Ristow.
VOTE: Motion passed unanimously by roll call vote.
17. Discuss Future Adoption Development Agreement Procedures 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 Vice Mayor Hudes to approve staff’s verbal recommendation to allow
the procedures for entering into development agreements to be broad and allow
development agreements cover all land uses. Seconded by Council Member Moore.
VOTE: Motion passed unanimously by roll call vote.
MOTION: Motion by Council Member Moore to not put a limit on the project size for
development agreements. Seconded by Mayor Badame.
VOTE: Motion passed unanimously by roll call vote.
MOTION: Motion by Council Member Moore to not set a minimum dollar amount for
development agreements. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously by roll call vote.
18. Adopt a Resolution, Based on Planning Commission Recommendations, Modifying the
Height Pole and Netting Policy for Additions and New Construction. The Proposed
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Modifications to Town Policy are Not Considered a Project Under the California
Environmental Quality Act. Project Location: Town Wide. Applicant: Town of Los Gatos.
RESOLUTION 2024-017
Jennifer Armer, Planning Manager, presented the staff report.
Mayor Badame opened public comment.
Rich Stevens
- Commented on the use of story poles as notification of a multi-story building being
proposed.
Suma Warrier
- Commented on using social media as part of the notification process.
Lee Fagot
- Commented on the use of a three-dimensional video rendering as part of the notification
process.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to amend the [Story Pole] Policy to state that
whenever a formal application (including but not limited to SB 330 and Builder’s
Remedy applications) is received, that neighbors within 1,000 feet will be notified
and provided access to information in the visual renderings, signs, and the
application itself. Significant projects including pre-applications in excess of 100
units will be posted on social media, and information about the pre-application will
be posted on the website which includes an elevation drawing. Seconded by Mayor
Badame.
VOTE: Motion failed 2-3 by roll call vote. Council Members Ristow, Moore, and Rennie voted
no.
MOTION: Motion by Council Member Ristow to adopt the resolution in Attachment 14 based
on Planning Commission recommendations, modifying the height pole and netting
policy for additional new construction. Seconded by Council Member Moore.
VOTE: Motion passed 3-2 by roll call vote. Vice Mayor Hudes and Mayor Badame voted no.
Mayor Badame called a recess at 9:27 p.m.
The meeting reconvened at 9:40 p.m.
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19. Discuss and Provide Direction Regarding the Finance Commission Recommendation to Issue
a Request for Qualification (RFQ) for the Preparation of the Annual Comprehensive Financial
Report (ACFR).
Gitta Ungvari, Finance Director, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Mayor Badame to approve the Finance Commission recommendation
[which is to adopt a practice to hire a separate entity to perform work necessary for
the preparation of the Town’s Annual Comprehensive Financial Report] to issue a
Request for Qualifications for the preparation for the Annual Comprehensive
Financial Report. Seconded by Vice Mayor Hudes.
VOTE: Motion passed 3-2 by roll call vote. Council Members Ristow and Moore voted no.
20. Authorize the Town Manager to Negotiate an Animal Services Agreement between the
Town of Los Gatos and the Silicon Valley Animal Control Authority (SVACA), and Direct Staff
to Bring Back an Agreement for the Town to Become a Member of the SVACA.
Clinton Tada, Police Captain, 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 approve authorization for the Town Manager to
negotiate an Animal Services agreement between the Town of Los Gatos and the
Silicon Valley Animal Control Authority (SVACA), and direct staff to bring back an
agreement for the Town to become a member of the SVACA Joint Powers Agency
(JPA). Seconded by Council Member Ristow.
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VOTE: Motion passed unanimously by roll call vote.
Pulled Consent Items
14. Authorize the Town Manager to Execute the First Amendment to the Contract with DKS
Associates to Modify the Scope of Services and Increase Compensation from $160,505 to
$166,647.
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.
MOTION: Motion by Council Member Ristow to authorize the Town Manager to execute the
first amendment to the contract with DKS Associates to modify the scope of services
and increase compensation from $160,505 to $166,647. Seconded by Council
Member Moore.
VOTE: Motion passed 3-2 by roll call vote. Vice Mayor Hudes and Mayor Badame voted no.
COUNCIL/TOWN MANAGER REPORTS Council Matters
- Council Member Ristow stated she attended a community meeting regarding State Route
Hwy 17 resiliency and adaptation plan, ribbon cutting for Time Out’s 30th anniversary
event, and community Iftar event hosted by West Valley Muslim Association; observed the
Finance Commission meeting and the Diversity Equity and Inclusion (DEI) Commission
meeting; and met with people on a variety of topics including housing, animals, and public
health.
- Council Member Moore stated he held his happy hour and Council Member community
coffee meetings; attended the community Iftar event hosted by West Valley Muslim
Association; met with a Youth Commissioner regarding Special Needs Assistance Program
(SNAP); met with Los Gatos Lions Club; attended a West Valley Sanitation District meeting
and Cities Association Legislative Action Committee meeting; and completed a Community
Emergency Response Team (CERT) Wilderness First Aid Class.
- Vice Mayor Hudes stated he received an update on North 40 Phase II from the developer;
participated in the Los Gatos Foundation for Older Adults to Thrive Executive Committee
meeting; attended Time Out 30th Anniversary and Beaute Bar ribbon cuttings, and
community Iftar event hosted by West Valley Muslim Association; participated in the
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Finance Commission meeting, Community Center Committee (Foundation) meeting, and a
Cities Association Board of Directors meeting.
- Council Member Rennie stated he met with Valley Transportation Authority (VTA) staff;
attended a VTA Board meeting; met with his Finance Committee appointee; attended the
community Iftar event hosted by West Valley Muslim Association; met with the Silicon
Valley Clean Energy Authority (SVCEA) CEO; attended a SVCEA Board meeting and the
Finance Commission meeting; and met with the Director of the Chamber of Commerce.
- Mayor Badame stated she attended Time Out 30th Anniversary and Beaute Bar ribbon
cuttings; participated in the County Housing and Community Advisory Committee meeting;
observed the Finance Commission meeting; met with the developer of a residential project
located at the Mirassou school site; attended quarterly Chamber of Commerce meeting;
met with former Mountain View Mayor Margaret Abe-Koga; and participated in a
ceremonial acceptance of a gift to the Library.
Manager Matters - Announced the Spring into Green event will be on April 21, 2024, from 10 a.m. to 1 p.m. at
Plaza Park and invited all to attend.
- Announced the Youth Commission recruitment is underway, and applications are due May
1, 2024.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session on to discuss
labor negotiators pursuant to Government Code Section 54957.6 and anticipated litigation
pursuant to Government Code 54956.9 and stated there was no reportable action.
ADJOURNMENT
The meeting adjourned at 10:48 p.m.
Respectfully Submitted:
____________________________
Jenna De Long, Deputy Town Clerk