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030425 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, March 4, 2025 7:00 P.M. The Town Council of the Town of Los Gatos conducted a regular meeting in-person and via teleconference. MEETING CALLED TO ORDER AT 7:03 P.M. ROLL CALL Present: Mayor Matthew Hudes, Vice Mayor Rob Moore, Council Member Mary Badame, Council Member Rob Rennie, Council Member Maria Ristow. Absent: None PLEDGE OF ALLEGIANCE The Stratford School Student Council led the Pledge of Allegiance. The audience was invited to participate. The Mayor stated the public hearing items will be heard after the consent items and before the other business items. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve the Minutes of the February 11, 2025 Town Council Special Meeting. 2. Approve the Minutes of the February 18, 2025 Closed Session Town Council Meeting. 3. Approve the Minutes of the February 18, 2025 Town Council Meeting. 4. Approve the Minutes of the February 21, 2025 Town Council Closed Session Meeting. 5. Authorize the Town Manager of Designee to Execute a Reimbursable Grant Agreement with Silicon Valley Clean Energy in the amount of $173,184 for the Installation of Electric Vehicle Charging Infrastructure at the Parks and Public Works Yard and Authorize Budget Adjustments to Establish a New Capital Improvement Project to Account for the Revenue and Expenditures of this Funding. 6. Authorize the Town Manager to execute the Fourth Amendment to the Tyler Technologies Agreement to Reallocate Existing Contracted Services and Increase Compensation by $58,630 for a New Total Contract Amount Not to Exceed $1,378,621. 7. Approve and Authorize the Town Manager to Execute a Side Letter of Agreement Between the Town of Los Gatos, the Police Officers’ Association (POA), the Town Employees’ Association (TEA), and the American Federation of State, County, and Municipal Employees (AFSCME) Related to the Police Hiring Referral Bonus and Approve the Police Hiring Referral Bonus for Confidential Employees. PAGE 2 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 4, 2025 DATE: March 4, 2025 Mayor Hudes opened public comment. Gus Who - Commented on item four, stating concerns with the Town defending the Council Members and requested mediation. Mayor Hudes closed public comment. MOTION: Motion by Council Member Badame to approve consent items one through seven. Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Marico Sayoc, Office of Supervisor Abe-Koga - Commented on partnering with the Town on the upcoming priorities for Supervisor Abe- Koga. Will Whitney, Billy Jones Wildcat Railroad - Commented on the Oak Meadow pedestrian bridge and stated it will be closed between April and May for maintenance. Carin Yamamoto - Commented on safety concerns with proposed SB 330 developments. Lee Fagot - Commented on concerns with new development related to safety, infrastructure, and preserving the Town’s character. Council Member Badame stated that she will recuse herself from the next item because her personal residence is within 1,000 feet of the project site, and left the Council Chambers. PUBLIC HEARINGS 10. Consider a Recommendation by the Planning Commission to Approve Architecture and Site, Conditional Use Permit, and Subdivision Applications to Demolish Existing Hotel Structures (Los Gatos Lodge), Construct a Multi-Family Residential Development (155 Units), Approve a Condominium Vesting Tentative Map, Site Improvements Requiring a Grading Permit, and Remove Large Protected Trees Under Senate Bill 330 (SB 330) on Property Zoned CH:PD:HEOZ. Located at 50 Los Gatos-Saratoga Road. APNs 529-24-032, 529-24-001, and 529-24-003. No Additional Environmental Review is Necessary Pursuant to CEQA Guidelines Section 15183: Streamlining Process, Since the Proposed Project’s Environmental Impacts were Adequately Addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as Applicable. Architecture and Site Application S-23-042, Conditional Use Permit Applications U-23-017, and Subdivision Application M-23-009. PAGE 3 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 4, 2025 DATE: March 4, 2025 Property Owner: Keet S. Nerhan. Applicant: SummerHill Homes, LLC. Project Planner: Sean Mullin. RESOLUTION 2025-006 The Council provided the following disclosures: • Council Member Rennie stated he has met with the applicant and visited the site. • Vice Mayor Moore stated he has met with the applicant and visited the site. • Mayor Hudes stated he has met with the applicant and walked the site. • Council Member Ristow stated she has met with the applicant and walked the site. Gabrielle Whelan, Town Attorney, gave a presentation on Senate Bill 330 (SB330). Council asked preliminary questions. Mayor Hudes opened public comment. John Hickey, Applicant, provided opening comments and gave a presentation on the proposed project. Rob Stump - Commented on concerns with safety and traffic congestion. Nick Lansen, McCarthy Development - Commented in support of the project. Steve Piaseki - Commented concerns with the project design, safety, and traffic congestion. Gloria - Commented in support of the project. John Hickey, Applicant, provided closing comments and addressed speaker comments. Mayor Hudes closed public comment. Council asked questions and discussed the item. Mayor Hudes called a recess at 9:05 p.m. Mayor Hudes reconvened the meeting at 9:16 p.m. Council asked additional questions and discussed the item. PAGE 4 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 4, 2025 DATE: March 4, 2025 MOTION: Motion by Council Member Rennie to adopt the draft resolution in Attachment 2 and make the required findings and approve the Architecture and Site, the Conditional Use Permit, the Subdivision Applications, and the Conditions of Approval. Seconded by Council Member Ristow. VOTE: Motion passed 4-0. Council Member Badame recused. Council Member Badame returned to the Council Chambers. 11. Consider an Appeal of a Planning Commission Decision to Approve a Request to Construct a New Single-Family Residence with Reduced Side and Rear Yard Setbacks, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees on Vacant Property Zoned R-1:20. Located at 45 Reservoir Road. APN 529-33-054. Architecture and Site Application S-22-048. Categorically Exempt according to CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures. Property Owner: Farnaz Agahian. Applicant: Gary Kohlsaat, Architect. Appellant: Mary J. Vidovich. Project Planner: Sean Mullin. Sean Mullin, Planning Manager, presented the staff report. Council provided the following disclosures: • Council Member Rennie stated he met with the appellant and a neighbor and visited the site. • Vice Mayor Moore stated he visited and met with the appellant. • Council Member Ristow stated she visited the site, walked the access road, and met with the appellant. • Council Member Badame stated she met with the appellant and walked the site and roadway. • Mayor Hudes stated he met with the appellant and walked the site. Mayor Hudes opened public comment. Mary J. Vidovich, Appellant, provided opening comments and discussed the reasons for the appeal. Gary Kohlsaat, Architect, provided opening comments and discussed the project. Paul Paspa - Commented on concerns with the size of the proposed project. Kathleen Watson - Commented on concerns with safety, tree protection, and the size of the proposed project. PAGE 5 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 4, 2025 DATE: March 4, 2025 Gary Kohlsaat, Architect, provided closing comments and addressed speaker comments. Mary J. Vidovich, Appellant, provided closing comments stating her concerns with the project. Mayor Hudes closed public comment. Council asked questions and discussed the item. MOTION: Motion by Council Member Badame to have staff prepare a resolution to grant the appeal, remand the application back to the Planning Commission with direction to reduce the building footprint and consideration of the (least restrictive development areas) LRDA and reduce the volume. Seconded by Vice Mayor Moore. VOTE: Motion passed 4-1. Council Member Ristow voted no. MOTION: Motion by Council Member Ristow [to extend the meeting to] no later than 12:30 [a.m.] Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously. Mayor Hudes called a recess at 11:33 p.m. Mayor Hudes reconvened the meeting at 11:42 p.m. 12. Conduct a Public Hearing for Appeal of Administrative Citation VL-19-362 (16660 Cypress Way) for Violations of the Los Gatos Town Code Related to Grading and Building and Adopt a Resolution Upholding the Administrative Citation and Imposing Costs According to Proof. RESOLUTION 2025-008 Mayor Hudes stated the process of the appeal. Gabrielle Whelan, Town Attorney, stated the appeal is limited to the December 13, 2024, and January 16, 2025, correspondence submitted by the appellants. Mayor Hudes opened public comment. Lance Bayer, Special Counsel, provided opening comments and addressed the concerns stated in the December 13, 2024, correspondence. Josh Balsur, Counsel for Appellant, provided opening comments and provided an update on the required permits. Scott Watson, Neighbor - Commented on the citations and litigation with the appellant. PAGE 6 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 4, 2025 DATE: March 4, 2025 Ivy Chang, Neighbor - Commented in support of adopting a resolution to order the payment of fees. Josh Balsur, Appellant, provided closing comments. Lance Bayer, Special Counsel, provided closing comments. Mayor Hudes closed public comment. Council asked questions and discussed the item. MOTION: Motion by Council Member Badame to adopt a resolution in Attachment 6 upholding the administrative citation and imposing costs according to proof. Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Moore to extend [the meeting] until 12:45 [a.m.] Seconded by Council Member Ristow. VOTE: Motion passed unanimously. OTHER BUSINESS 8. Adopt a Resolution Defining Timed Parking in Downtown Parking Lots and Streets and Authorize Town Staff to Continue Contracting for Ongoing Parking Management Support Services. RESOLUTION 2025-007 Nicolle Burnham, Parks and Public Works Director, presented the staff report. Mayor Hudes opened public comment. No one spoke. Mayor Hudes closed public comment. Council asked questions and discussed the item. MOTION: Motion by Council Member Ristow to contract ongoing parking management support services and adopt a resolution of the Town Council of the Town of Los Gatos establishing parking regulations including time limits, date and time of enforcement, and parking permits exemptions for public parking areas downtown and in the olive zone, as presented in the Desk Item with the updated map. Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously. PAGE 7 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 4, 2025 DATE: March 4, 2025 9. Approve the 2025 Work Plan Recommended by the Diversity, Equity, and Inclusion (DEI) Commission. Katy Nomura, Assistant Town Manager, presented the staff report. Mayor Hudes opened public comment. Gordon Yamate, Diversity, Equity, and Inclusion Commission Chair - Commented that he is available to answer any questions for this item. Mayor Hudes closed public comment. Council discussed the item. MOTION: Motion by Council Member Badame to extend [the meeting] until 1:00 [a.m.] Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Ristow to approve the DEI Commission’s workplan for 2025. Seconded by Vice Mayor Moore. VOTE: Motion passed 4-0. Mayor Hudes abstained. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Badame stated she participated in a Council Policy Committee meeting and met with the 45 Reservoir Road appellant. - Council Member Ristow stated she joined volunteers to help improve the Flume Trail; attended Congressman Sam Licardo’s Ceremonial Swearing-In event; attended the Council Policy Committee meeting as an attendee; participated in the Silicon Valley Clean Energy Authority (SVCEA) Finance and Administrative Committee meeting; and met with constituents on a variety of topics. - Vice Mayor Moore stated he attended Congressman Sam Licardo’s Ceremonial Swearing-In event; Assemblymember Alex Li’s Lunar New Year Celebration; met with residents on various topics; and stated that he started a new job leading health care policies for new County Supervisor Margaret Abe-Koga. - Council Member Rennie stated he participated in the Flume Trail building; attended a Silicon Valley Clean Energy Authority (SVCEA) Risk Oversight Committee meeting; and met with Supervisor Margaret Abe-Koga. - Mayor Hudes stated he participated in a Council Policy Committee meeting, West Valley Mayors and Managers meeting, a Community Health and Senior Services Commission meeting, and a Sourcewise Advisory Council meeting. PAGE 8 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 4, 2025 DATE: March 4, 2025 Town Manager Matters - Stated the Mayor and Town Manager discussed fire and disaster response with local cities. Closed Session Report Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session to discuss initiation of litigation and real property negotiations. With regard to the real property negotiations, there is no reportable action. With regard to the potential initiation of litigation, the Council unanimously authorized the initiation of litigation, and the defendants can be disclosed once the complaint has been filed, unless it would jeopardize the agency's ability to effectuate service of process on one or more unserved parties, or conclude existing settlement negotiations. ADJOURNMENT The meeting adjourned at 12:48 a.m. Respectfully Submitted: _____________________________________ Jenna De Long, Deputy Town Clerk