050724
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/21/2024
Minutes of the Town Council Meeting
Tuesday, May 7, 2024
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing
teleconferencing means on Tuesday, May 7, 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 (teleconference, arrived 7:07 p.m.), Council Member Maria
Ristow.
Absent: None
PLEDGE OF ALLEGIANCE
Grace Krasniewicz led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
The Mayor acknowledged National Police Week, Municipal Clerks Week, and Parks and Public
Works Week.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Minutes of the April 16, 2024 Closed Session Town Council Meeting.
2. Approve Minutes of the April 16, 2024 Town Council Meeting.
3. Approve Minutes of the April 23, 2024 Closed Session Town Council Meeting.
4. Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering
Abatement, and Setting June 18, 2024 as a Public Hearing to Consider Objections to the
Proposed Removal of Brush. RESOLUTION 2024-018
5. Parking Program Implementation – Wayfinding and Signage Project (CIP No. 813-0242):
a. Award and Authorize the Town Manager to Execute a Construction Agreement with
Square Signs LLC., Dba Front Signs in an Amount Not to Exceed $191,908.13; and
b. Authorize the Staff to Execute Change Orders in an Amount Not to Exceed $38,381.63
Which Represents a Twenty Percent (20%) Contingency of the Contract Award Amount.
6. Authorize the Town Manager to Execute Agreements with the County of Santa Clara for:
a. AB 939 Implementation Fee Collection and Distribution; and
b. Countywide Household Hazardous Waste (HHW) Collection Program to Augment
Funding up to an Additional $94,219 to the Countywide HHW Program During Fiscal
Year (FY) 2024/25.
7. Authorize the Town Manager to Execute a Fourth Amendment to the Agreement for
Services with St. Francis Electric, Inc. for Traffic Signal and Streetlight Maintenance and
Underground Service Alert Locating Services to Increase the Contract Amount for Fiscal Year
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2023/24 in the Amount of $55,000, for a Total Agreement Amount Not to Exceed
$1,008,948.
8. 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921):
a. Award and Authorize the Town Manager to Execute a Public Works Contract with
Villalobos and Associates in the Amount of $409,480;
b. Authorize Town Manager to Execute Change Orders in an Amount Not to Exceed Ten
Percent (10%) of the Contract Award Amount;
c. Authorize an Expenditure Budget Transfer in an Amount of $185,331 from the Annual
Street Repair and Resurfacing Project (CIP No. 811-9901); and
d. Approve the Project Construction Plans as required by Government Code 830.6 – Design
Immunity.
9. Authorize the Town Manager to Execute a Second Amendment to the Agreement for
Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. to Provide
Services as the “Acting Town Surveyor” for Various Land Development Mapping Services,
Extending the Term to June 30, 2025.
10. Authorize the Town Manager to Execute a Second Amendment to the Agreement for
Consultant Services with AMS Electric LLC (dba Prime Electric LLC) for a Design-Build Project
to Install a Battery Storage System at the Library (CIP 821-2505) to Extend the Term and
Time of Performance through June 30, 2025.
11. Approve an Amendment to the Town Manager’s Employment Agreement.
12. Approve and Authorize the Town Manager to Execute a Side Letter of Agreement Between
the Town of Los Gatos and the American Federation of State, County, and Municipal
Employees (AFSCME) to Contract Out Street Sweeping Services Effective July 1, 2024.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to approve consent items 1-12. Seconded by
Council Member Moore.
VOTE: Motion passed 4-0-1 by roll call vote. Council Member Rennie absent.
VERBAL COMMUNICATIONS
Tom Sandoval, Belwood of Los Gatos Homes Association
- Commented on the damaged neighborhood monument at Blossom Hill Road and
Belwood Gateway and requested the Town partner with the Belwood community to get
it rebuilt.
Tevis Ignacio
- Commented on the World Cup and attracting national teams to stay in Los Gatos.
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Joe Enz, Friends of Los Gatos Creek
- Commented on concerns with e-waste and safety.
Ron Meyer
- Commented on a recent court ruling regarding SB9 related to charter cities’ “Home
Rule” provisions.
Lee Fagot
- Commented on safety and requested the Town work with the Los Gatos Lodge property
developer to incorporate bike and pedestrian access to the Los Gatos High School.
Aubrie Mastrangelo, Bill Wilson Center
- Commented on National Mental Health Awareness Month and mental health services in
Santa Clara County.
Harani
- Commented on a recent court ruling regarding SB9 related to charter cities’ “Home
Rule” provision and stated that it is not applicable to the Town.
OTHER BUSINESS
13. Review Polling Results, Authorize the Town Manager to Execute an Amendment to the NBS
Agreement to Include Phase 2 in the Scope of Services to Prepare a 1/8th Cent Sales Tax
Measure for the November 2024 Ballot and Increase the Not to Exceed Amount to
$105,000, and Authorize an Expenditure Budget Adjustment in an Amount of $60,400 from
the Available General Fund Capital/Special Projects Reserve.
Katy Nomura, Assistant Town Manager, introduced Gene Bregman with NBS, who presented
the polling results.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to continue this item to the next Council meeting.
AMENDMENT: Refer the item to the Finance Commission for its review. Seconded
by Mayor Badame.
VOTE: Motion passed unanimously by roll call vote.
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14. Receive an Update on the Downtown Restroom Feasibility Study (CIP No. 821-2011) and
Provide Direction to Town Staff.
Marina Chislett, Environmental Programs Specialist, 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 Rennie to limit the choices to site 4 option 1 and site 1
options 1 and 2 (as listed in the staff report); ask staff to continue to review the
options; review safety concerns with Police Department; and ask Council to consider
whether site 4 option 1 is visible enough. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously by roll call vote.
15. Authorize the Town Manager to Execute an Agreement for Services with the Los Gatos
Chamber of Commerce to Manage the Los Gatos Visitors Information Center and the Visit
Los Gatos Website, Social Media and Destination Marketing Services for FY 2024/2025, in an
amount not to exceed $55,000.
Monica Renn, Economic Vitality Manager, presented the staff report.
Mayor Badame opened public comment.
Jennifer Lin, Chamber of Commerce
- Commented on the work of the Chamber of Commerce and requested Council approve
the agreement in an amount of $88,000.
Lauren Scalora, Chamber of Commerce
- Introduced herself and asked if Council Members had any questions.
Beth Foley, Chamber of Commerce
- Introduced herself and asked if Council Members had any questions.
Randi Chen
- Supported Jennifer Lin’s comments and requested Council approve the requested
amount of $88,000.
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Jim Foley, Chamber of Commerce
- Supported Jennifer Lin’s comments and requested Council approve the increase in
funding.
Rachel Brown, Chamber of Commerce
- Commented on the important of the Chamber, echoed previous comments, and
requested Council consider the requested funding amount.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to approve $88,000 with the intention to fund it from
Transient Occupancy Tax (TOT) in excess over the current budget. Seconded by
Mayor Badame.
VOTE: Motion passed unanimously.
Vice Mayor Hudes clarified the intention of his motion was to use the funds from TOT in excess
over budget, understanding that if it is not achieved it will be funded from the reserve account.
Mayor Badame called recess at 9:16 p.m.
Mayor Badame reconvened the meeting at 9:26 p.m.
16. Approve West Valley Community Services, Counseling and Support Services for Youth, and
AWO as Potential Community Service Partners to Provide their Respective Services at the
Interim Community Center.
Robert Gray, Chief Building Official, presented the staff report.
Mayor Badame opened public comment.
Sujatha Venkatraman, West Valley Community Services
- Spoke about the services West Valley Community Services provides and commented on
the opportunity to expand and enhance their services at the Interim Community Center.
Marico Sayoc, Executive Director of Counseling and Support Services for Youth (CASSY)
- Commented on the services of Counseling and Support Services for Youth (CASSY) and
how they can utilize the community center to better serve the community.
Mayor Badame closed public comment.
Council discussed the item.
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MOTION: Motion by Council Member Ristow to approve West Valley Community Services,
Counseling and Support Services for Youth (CASSY), and AWO as potential
community service partners to provide their respective services at the interim
community center. Seconded by Council Member Moore.
VOTE: Motion passed 4-1 by roll call vote. Vice Mayor Hudes voted no.
17. Discuss and Provide Direction on Outreach and Noticing Options for Senate Bill (SB) 330
Projects.
Jennifer Armer, Planning Manager, 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 amend the policy to state that whenever a pre-
application or formal application for a development of three stories or more,
including, but not limited to SB330 and Builder’s Remedy application, is received or
scheduled for a hearing, that neighbors within 1,000 feet will be notified and
provided access to information in the visual renderings, signs, and the application
itself. Further, if a project changes significantly, there will be re-notification. Fees will
be recovered wherever possible. Notice will include a brief explanation of SB330 and
current development process. Seconded by Mayor Badame.
VOTE: Motion passed unanimously by roll call vote.
18. Discuss and Provide Direction on Objective Design Standards.
Jennifer Armer, Planning Manager, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
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MOTION: Motion by Council Member Ristow to ask staff to look for a consultant, if necessary,
and come back with objective standards for high-quality design. Seconded by
Council Member Moore.
SUBSTITUTE MOTION: Motion by Vice Mayor Hudes to approach the existing consultant and
ask for a proposal to work on high-quality building design, view standards, and
architectural styles. Seconded by Mayor Badame.
VOTE: Substitute motion passed 3-2 by roll call vote. Council Members Moore and
Ristow voted no.
MOTION: Motion by Council Member Moore to extend the meeting to 12:20 a.m. Seconded
by Mayor Badame.
VOTE: Motion passed unanimously by roll call vote.
PUBLIC HEARINGS
19. 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 Council Member Ristow to 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” in Attachment 3, as recommended by the Planning Commission,
with the language the Town Attorney provided regarding removal regarding
temporary signs relative to a specific event with the change from 15 days to seven
days [Section 29.10.110 (15) In the last sentence replace the word “fifteen” with the
word “seven”]. Seconded by Council Member Hudes.
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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,’ of the Town Code Regarding Senate Bill (SB) 9
For Modified Design Review Standards and Other Clarifying Revisions.” The Proposed
Amendments to the Town Code are Not Considered a Project Under Section 15378 of the
California Environmental Quality Act, and in Accordance with Government Code Section
66411.7(n) and 66452.21(g), SB 9 Ordinances are Not a Project Subject to the California
Environmental Quality Act. Town Code Amendment Application A-24-003. Project
Location: Town Wide. Applicant: Town of Los Gatos.
Ryan Safty, Associate Planner, presented the staff report.
Mayor Badame opened public comment.
Harini Chila
- Commented on concerns with inconsistency in the two-unit development fees and
Accessory Dwelling Unit (ADU) standards and stated support for the revised step-back
guidelines.
Mayor Badame closed public comment.
Council discussed concerns with requirements for screening mechanical equipment, prohibited
materials, and step-backs.
MOTION: Motion by Vice Mayor Hudes to extend the meeting until 12:30 a.m. Seconded by
Council Member Moore.
VOTE: Motion passed unanimously by roll call vote.
MOTION: Motion by Council Member Ristow to 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 Senate Bill (SB) 9 For Modified Design
Review Standards and Other Clarifying Revisions” with modifications to prohibit vinyl
siding and plywood and to require the side setback for the second story to be nine
feet regardless of where the first [story] setback is set. Seconded by Council
Member Moore.
Associate Planner Safty clarified for the record the changes are to Section 29.10.630 (2)(i) to
remove subsection 1 Exterior Foam Molding and subsection 4 Exterior Insulation Finishing
System (EIFS); and Section 29.10.630 (2)(e) changing the step back to require a nine-foot side
and rear setback for the second story.
VOTE: Motion passed unanimously by roll call vote.
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MOTION: Motion by Mayor Badame to extend the meeting until 12:45 a.m. Seconded by
Council Member Moore.
VOTE: Motion passed unanimously by roll call vote.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Ristow stated she attended the Council Policy Committee and observed
the Finance Commission meetings; met with Mark Robsen the developer for Belgatos site;
met with Peter Norris the new Executive Director for the Los Gatos Terraces; attended the
Jewish Community Center Challah Bake Event; and attended the Leadership Los Gatos
graduation event and the Los Gatos Foundation for Older Adults to Thrive Monday morning
monthly movie.
- Council Member Moore stated he attended a Passover Seder at Congregation Shir Hadash,
the Community Police Academy graduation, the Leadership Los Gatos graduation event;
spoke at the Relay for Life event in Cambrian; and attended the Power of Democracy event,
the Life Moves luncheon, a meet and greet with Congressman Adam Schiff, an event at
Daves Elementary School, and the grand opening of the new bookstore Beyond Text.
- Council Member Rennie stated he met with Rob Stump to discuss the Los Gatos Lodge
development.
- Vice Mayor Hudes stated that in addition to the meetings already mentioned by other
Council Members, he attended the NUMU ArtNow event and the Los Gatos Foundation for
Older Adults to Thrive Monday morning monthly movie.
- Mayor Badame stated she attended Spring into Green event, the West Valley Mayors and
Managers monthly meeting; celebrated Arbor Day by planting a tree at Los Gatos Parent
Nursery School; attended a ribbon cutting at Aspire El Camino Health; gave a presentation
at the NUMU ArtNow program; observed the Council Policy Committee meeting, Finance
Commission meetings, a ribbon cutting for DAR Restaurant and Bar, a West Valley Clean
Water Authority Board meeting; gave a presentation at the Leadership Los Gatos
graduation event; and attended the Los Gatos Foundation for Older Adults to Thrive
Monday morning monthly movie.
Manager Matters
- Announced the Town is moving forward with the adoption phase of the Housing Element
and the Planning Commission will consider it on May 22, and Town Council consideration is
tentatively scheduled for June 4.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session to discuss
appointment of an Interim Town Manager and no action was taken.
ADJOURNMENT The meeting adjourned at 12:32 a.m.
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Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk