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031825 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 18, 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 7:00 P.M. ROLL CALL Present: Mayor Matthew Hudes, Vice Mayor Rob Moore, Council Member Mary Badame, Council Member Rob Rennie (participating remotely), Council Member Maria Ristow. Absent: None Katy Nomura PLEDGE OF ALLEGIANCE Council Member Badame led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Hudes read a Proclamation for Red Cross Month. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve the Minutes of the March 4, 2025, Special Town Council Meeting. 2. Approve the Minutes of the March 4, 2025, Closed Session Town Council Meeting. 3. Approve the Minutes of the March 4, 2025 Town Council Meeting. 4. Receive the Monthly Financial and Investment Report for January 2025. 5. Authorize the Town Manager to execute a Five-Year Agreement for Services with Professional Powerwashing and Property Maintenance, Inc. (PPWPM, INC) for Downtown Power Washing for a Total Agreement Amount Not to Exceed $249,924. 6. Adopt a Resolution Granting an Appeal of a Planning Commission Decision to Approve an Architecture and Site Application for the Construction of 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, and Remanding the Matter to the Planning Commission. Located at 45 Reservoir Road. APN 529-33-054. Architecture and Site Application S-22-048. Categorically Exempt Pursuant 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. 7. Approved the Recommended Changes to the Town’s Investment Policy. 8. Authorize the Town Manager to Execute a Five-Year Agreement for Services with Sweeping Corp of America for Additional Street Sweeping Services and to Provide Emergency Call Out Sweeping for a Total Agreement Amount Not to Exceed $235,308. PAGE 2 OF 9 SUBJECT: Minutes of the Town Council Meeting of March 18, 2025 DATE: March 18, 2025 9. Approve the First Amendment to the Purchase and Sale Agreement for Property Adjacent to Shannon Road to Include the Assignment and Assumption of Purchase Agreement; and Authorize the Town Manager to Execute the Agreement. 10. Accept the Annual Progress Report for General Plan and Housing Element Implementation. Council Member Badame pulled item ten. Gabrielle Whelan, Town Attorney, made an announcement for item nine, the request is that the Town Manager be authorized to sign an assignment and amendment of the Shannon Road purchase agreement and asked that be expanded to include authorization to sign any documents that are required in escrow such as the Certificate of Acceptance. Mayor Hudes opened public comment. No one spoke. Mayor Hudes closed public comment. MOTION: Motion by Council Member Ristow to approve items one through nine on the consent calendar with the inclusion of the additional language provided by the Town Attorney for item nine. Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously by roll call vote. VERBAL COMMUNICATIONS Alex Kamas - Commented on options presented at a Complete Streets and Transportation Commission’s meeting related to beach traffic and requested a traffic study to explore potential impacts. Daniel Roberts - Commented on concerns with the opening of a Tesla dealership, the CEO of the company, and the reduction of federal funding. Rob Stump - Commented on concerns with potential Builder’s Remedy projects and requested an environmental impact report for each project. Gus Who - Commented on censorship, the pledge of allegiance, safety on Lynn Avenue, water bills, and the upcoming World Cup. Jo Greiner - Commented on the country’s current administration and read a statement from Maya Angelou. PAGE 3 OF 9 SUBJECT: Minutes of the Town Council Meeting of March 18, 2025 DATE: March 18, 2025 Susan Burnett - Commented on the presidential senior advisor for the Department of Government Efficiency (DOGE). Dhanya Ramanan - Commented on concerns with the actions of the President’s administration. Lynley - Commented on censorship, the president, the senior advisor for the DOGE, and concerns with democratic affiliates. John Eichinger - Commented on concerns with builder’s remedy. PUBLIC HEARINGS 11. The Introduction of an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding Emergency Shelters, Small Employee Housing, Transitional Housing, Supportive Housing, Employee Housing, Group Homes, and Findings for Reasonable Accommodation Requests, Pursuant to Implementation Program AP of the 2023-2031 Housing Element Will Be Rescheduled to a Future Date. Chris Constantin, Town Manager, stated this item was advertised to be heard on March 18, 2025, but will be rescheduled to a future date. OTHER BUSINESS 12. Discuss the Impacts of Recent Executive Orders on the Town’s Federal Funding and Grants. Chris Constantin, Town Manager, presented the staff report. Mayor Hudes opened public comment. Kimberly Snyder, NUMU - Commented on concerns with the Executive Orders issues on March 14 and the potential impact on funding. Annie Schwartzstein - Commented on concerns with reduced federal funding and requested Council discuss this topic at future meetings. Lee Quintana - Commented on concerns with the Executive branch of government and requested the Council make a statement to oppose recission of federal funding. PAGE 4 OF 9 SUBJECT: Minutes of the Town Council Meeting of March 18, 2025 DATE: March 18, 2025 Mary Hoover - Commented on concerns with the federal administration and the impact of executive orders on funding and safety. Karla Albright - Commented on concerns with the federal government and provided suggestions to help support the community. Kathleen Miller - Commented on concerns with the Presidential administration's actions and the impacts on funding for schools. Jeff Suzuki, Los Gatos Anti-Racism Coalition - Commented on concerns with the loss of federal funding and impacts of actions of the federal government on community services and safety. Gus Who - Commented on concerns with the Presidential administration. Richard Kananen - Requested clarification on which federal actions are preventing the funding of the items listed in the staff report. Dhanya Ramadan - Commented on concerns with the federal government and funding for fire safety. Debbie Lowe - Commented on the public education and library systems and stated concerns with impacts of funding cuts. Kimsey Lee, Los Gatos Anti-Racism Coalition - Commented on concerns with the federal administration and the impacts on the community. Allison Payne - Commented on concerns with federal funding and the impacts of the federal administration’s actions on the community. Autumn - Commented on concerns with the potential loss of federal funding and the impacts on the community. PAGE 5 OF 9 SUBJECT: Minutes of the Town Council Meeting of March 18, 2025 DATE: March 18, 2025 Carmen Lo - Commented on concerns with the potential loss of federal and the impacts of the federal administration’s actions on the community. Mayor Hudes closed public comment. Council discussed the item. Mayor Hudes called a recess at 9:13 p.m. Mayor Hudes reconvened the meeting at 9:29 p.m. MOTION: Motion by Vice Mayor Moore to direct staff to return to the Town Council every other month, for the next year, with the intention to skip July and meet in August, with an agenda item similar to the one received this evening addressing actions of the federal government. The intention of the item is to provide the Council the option to discuss actions the Town of Los Gatos can take locally to address actions the Council can take to address the negative impacts of the federal government. AMENDMENT: change the motion to: direct staff to return to the Town Council every other month, skipping July, with an agenda item addressing the local financial impacts of action from the federal government. Further, this agenda item should provide the opportunity for Council Members and residents to discuss the possible actions the Town of Los Gatos can take locally to protect our community members from the impacts of the federal government and the ways we can mitigate harmful budgetary, programmatic, and service consequences. Seconded by Council Member Ristow. The passage of the alternate motion negated this motion. ALTERNATE MOTION: Motion by Mayor Hudes to direct staff to return to the Town Council every other month, skipping July, with an agenda item addressing the local financial impacts of action from the federal government. Further, this agenda item should provide the opportunity for Council Members and residents to discuss the possible actions the Town of Los Gatos can take locally to provide services to our residents or Town services that the Town supports in response to federal funding cuts or curtailment of services. Seconded by Council Member Rennie. Council Member Rennie asked for clarification from the Mayor if the motion said: “Town services or the services the Town supports.” The Mayor agreed. VOTE: Motion passed 4-1 by roll call vote. Council Member Badame voted no. SECOND ALTERNATE MOTION: Motion by Vice Mayor Moore to direct staff to return to the Town Council every other month, skipping July, with an agenda item addressing the local financial impacts of action from the federal government. Further, this agenda item should provide the opportunity for Councilmembers and residents to discuss the possible actions the Town of Los Gatos can take locally to support our PAGE 6 OF 9 SUBJECT: Minutes of the Town Council Meeting of March 18, 2025 DATE: March 18, 2025 community members from impacts of the federal administration. Seconded by Council Member Ristow. VOTE: Motion failed 2-3 by roll call vote. Council Member Rennie, Council Member Badame, and Mayor Hudes voted no. 13. Approve the 2025 Community Health and Senior Services Commission Work Plan. Katy Nomura, Assistant Town Manager, presented the staff report. Mayor Hudes opened public comment. No one spoke. Mayor Hudes closed public comment. Council discussed the item. MOTION: Motion by Council Member Ristow to approve the 2025 Community Health and Senior Services Commission Workplan as outlined in Attachment 1. Seconded by Council Member Badame. VOTE: Motion passed unanimously by roll call vote. 14. Approve the Proposed Tolling Agreement for Newtown Development at 15495 Los Gatos Boulevard and Authorize Execution by Town Manager. Gabrielle Whelan, Town Attorney, presented the staff report. Mayor Hudes opened public comment. Rich Stevens - Commented on protecting the current businesses on the property and was supportive of the Tolling agreement to allow time for the design of the townhome proposal with the addition of a time limit. Travis Engleman - Commented on concerns with the impacts this project and similar projects on the Town. Carin Yamamoto - Commented on the supplemental material provided at the March 4 Town Council meeting, stated concerns with safety, and was supportive the townhome proposal. PAGE 7 OF 9 SUBJECT: Minutes of the Town Council Meeting of March 18, 2025 DATE: March 18, 2025 Julianne Sylva Savage - Commented on concerns with project height and the absence of a time limit for the agreement. Lee Fagot - Requested a reasonable extension time, retain current businesses, and commented on concerns with safety. Karen DiLullo - Commented on concerns with parking, the loss of retail, and the impact this project will have on the Town. Jubie Jaramillo - Commented on concern with the seven-story proposal and was not in favor of the Tolling Agreement. Tammy Gore - Commented on concern with the seven-story proposal and would like to find a compromise. Mayor Hudes closed public comment. Council asked questions of staff and the applicant and discussed the item. Gabrielle Whelan, Town Attorney, addressed a question about a time limit stating that the agreement could be expanded to say that the Tolling Agreement terminates if the applicant has not submitted a planning application for the town home project by March 31, 2026, or once the town has rendered its final decision on the town home project, or December 31 2027, is the end date for the Tolling Agreement, whichever occurs first. MOTION: Motion by Council Member Ristow to approve the proposed Tolling Agreement for Newtown Development at 15495 Los Gatos Boulevard and authorize the Town Manager to execute the agreement with modifications to the agreement with the timeline outlined by the Town Attorney adding additional dates where the Tolling agreement is extended until approval by Council or until one party terminates the agreement, and the additional dates are March 2026 to have a submission of a project and to expire December 31, 2027. AMENDMENT: if there is a need for a meet and confer, at least one member of the Town Council will be involved in that meeting. Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously by roll call vote. Pulled Consent Item 10. Accept the Annual Progress Report for General Plan and Housing Element Implementation. Sean Mullin, Planning Manager, presented the staff report. PAGE 8 OF 9 SUBJECT: Minutes of the Town Council Meeting of March 18, 2025 DATE: March 18, 2025 Mayor Hudes opened public comment. Lee Fagot - Commented on concerns with safety and potential builders remedy projects impacts. Mayor Hudes closed public comment. Council discussed the item. MOTION: Motion by Council Member Ristow to accept the Annual Progress Report for General Plan and Housing Element Implementation for 2024. Seconded by Vice Mayor Moore. VOTE: Motion passed unanimously by roll call vote. COUNCIL/TOWN MANAGER REPORTS Council Matters - Vice Mayor Moore stated he attended the Kyle J. Taylor Foundation Ribbon Cutting; stated he discussed various topics with residents at his Vice Mayor Happy Hour; met with Valley Transportation Authority (VTA) staff; attended the State of the Valley Address, the Los Gatos-Monte Sereno Police Foundation Ball, the Civicwell Policy Makers Conference, a West Valley Sanitation District Authority Board Meeting, a Finance Commission meeting, and a VTA Board of Directors meeting. - Council Member Rennie stated he attended the Joint Venture State of the Valley Address and a Silicon Valley Clean Energy Authority (SVCEA) Board of Directors meeting. - Council Member Ristow stated in addition to the items mentioned by the Vice Mayor, attended the Los Gatos-Monte Sereno Police Foundation Ball, the Finance Commission meeting as an observer, a Conceptual Development Advisory Committee (CDAC) meeting, the Civicwell Policy Makers Conference, and a CalCities 2025 Legislation Webinar. - Council Member Badame stated she attended the Los Gatos-Monte Sereno Police Foundation Ball, a Finance Commission meeting, a CDAC meeting, and the Los Gatos Little League Opening Day Ceremony. - Mayor Hudes stated he met with the Chamber of Commerce, the community center fundraising group; participated in the Finance Commission meeting, the Kyle J. Taylor Foundation Ribbon Cutting, the Cities Association Board of Directors meeting; met with Congressman Sam Liccardo; and spoke about the upcoming “Ham Cram” event to get licensed as an amateur emergency radio operator. Town Manager Matters - Stated he had no matters to report. PAGE 9 OF 9 SUBJECT: Minutes of the Town Council Meeting of March 18, 2025 DATE: March 18, 2025 Closed Session Report Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session to discuss anticipated litigation pursuant to Government Code 54956(d)(4), existing litigation pursuant to Government Code 54956.9(d)(1), and a Town Attorney employee performance evaluation, and there is no reportable action. ADJOURNMENT The meeting adjourned at 11:38 p.m. Respectfully Submitted: _____________________________________ Jenna De Long, Deputy Town Clerk