Los Gatos Bars Detention Facilities, Drops North 40 Guest Parking

The Los Gatos Town Council on Nov. 2, 2026, adopted an immediate 45-day ban on custodial detention and processing facilities. The urgency ordinance needed four of five votes and got exactly four. In a second split vote, the council reluctantly cut guest parking and lifted density limits in the North 40 to keep state housing regulators satisfied.

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• Detention facility moratorium passes 4-0-1 after about nine speakers urged a yes and Councilmember Mary Badame abstained over thin findings
• North 40 density rises to 40 units per acre, unit cap and guest parking eliminated, 3-1-1
• Housing element pressure wins out as residents object to parking and short notice

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Council Freezes Detention Facility Approvals, 4-0-1

The council adopted an interim urgency ordinance that bars custodial detention and processing facilities in Los Gatos. It takes effect immediately and lasts 45 days, with possible extensions of up to 10 months. Because urgency ordinances require a four-fifths vote, the measure cleared with no votes to spare.

The basics: Government Code 65858 lets a city temporarily freeze land uses while it studies permanent rules. The legal bar is high. "The council must find first that there is a current and immediate threat to public health, safety, or welfare," said Town Attorney Gabrielle Whelan.

Why it matters: State law SB 1367, which Whelan said "makes it unlawful for local jurisdictions to approve detention centers," does not take effect until Jan. 1, 2027. The ordinance covers part of that gap.

Where things stand: Vice Mayor Maria Ristow moved the motion and Councilmember Rob Rennie seconded. The final version:

• Adds the California Highway Patrol and the county sheriff to the Section 7 exclusions
• Revises the Section 9 severability clause
• Deletes a parenthetical reference to Gilroy
• Corrects Section 13 to cite Government Code Section 36933

The vote was briefly delayed over that citation error and taken after council reports.

An organized push: Speakers in favor included:

• Rania Mohsen, for Rep. Sam Liccardo, who backed a proactive moratorium consistent with neighboring jurisdictions
• Bernadette, a retired nurse and rapid response legal observer, who described increased ICE activity
• Business Know Your Rights volunteers Julie Gallinat and Sue Ann Lorig, who relayed business owners' fears
• Patricia James, who said more than 400 businesses canvassed were receptive
• Jeremy Bruce of Amigos de Guadalupe Center for Justice and Empowerment, who warned that the U.S. Department of Homeland Security may seek alternative sites after challenges in Gilroy
• Gordon Yamate, who cited a Nov. 30 site-search deadline
• Residents Austin and Kirstie Morrill

Most asked for a unanimous vote.

The other side: Badame questioned why the ban was needed if such facilities are already prohibited under existing zoning. Council members also pressed on whether the findings rest on fact. Asked about one recital, Whelan said, "I suppose it could be characterized as speculation." Pressed for her view on the findings, she said, "I'm not comfortable answering that in a public meeting," and declined to discuss confidential advice. "So for me, findings need to follow facts," said Councilmember Mary Badame, explaining her abstention. Public commenter Gus Hu called the measure not urgent and legally ineffective against federal property. He urged the council to focus on agents' masks and identification instead.

Decisions and stakeholder impacts: The vote was For: 4 (Mayor Rob Moore, Ristow, Matthew Hudes, Rennie), Against: 0, Abstain: 1 (Badame). Supporters framed the ordinance as a defense of town authority rather than federal policy. "I see the threat is to the federal government interfering in our land use decision authority," said Councilmember Matthew Hudes. "I believe that fundamentally this is about local control," said Mayor Rob Moore. Immigrant workers, business owners and volunteer networks get assurance that no facility can be approved locally for now. State and county law enforcement are carved out.

What's next: The ordinance runs 45 days unless the council extends it, for up to 10 months total, while the town studies land use rules.

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North 40 Loses Guest Parking to Keep Housing Element

The council voted 3-1-1 to amend the North 40 Specific Plan under Housing Element Implementation Program D. The amendments raise allowed density from 30 to 40 dwelling units per acre, remove the housing unit cap and eliminate guest parking requirements.

The basics: HCD, the state Department of Housing and Community Development, certifies each city's housing element, its state-mandated plan for growth. Losing certification can open the door to "builder's remedy" projects, which can proceed with limited local zoning control.

Why it matters: Staff said the change was a condition of certification, not a statutory command. "It was mandated by HCD in order to receive certification of our housing element," said Senior Planner Jocelyn Schutman. Whelan told the council HCD would likely move to decertify the housing element if the town refused, exposing it to builder's remedy applications.

Where things stand: The Planning Commission unanimously recommended approval on Sept. 23. The guest parking cut aligns the North 40 with Ordinance 2372, adopted in January 2025, which removed guest parking requirements townwide. Ristow noted that HCD and the state view parking requirements as a barrier to building housing. Staff said the changes do not affect Phase 1 or the Phase 2 project vested under SB 330. They apply only to new applications filed 30 days after adoption.

The other side: Hudes raised caregiver access and evacuation routes. Three residents opposed the changes:

• Lee Fago, a 31-year resident, called eliminating guest parking a safety issue
• Gus Hu said parking had already been reduced, said neighbors were not notified and urged the town to challenge the state
• Rob McCarthy, a Bella Terra resident, described existing shortages, said notice arrived days earlier and asked the council to delay

"And so I view this as our responsibility to protect the health and safety of our residents," said Hudes, explaining his no vote.

Decisions and stakeholder impacts: Badame moved, saying, "I'm not a fan of reducing parking, but we've received direction from HCD." Ristow seconded. "I'm not enthusiastic about reducing guest parking in the North 40," Moore said, but he supported passage. Rennie abstained, calling the requirement pointless: "I don't even know why HCD bothers to require us to change this because it's really not something that's going to affect whether there's parking or not." The vote was For: 3 (Moore, Ristow, Badame), Against: 1 (Hudes), Abstain: 1 (Rennie). Future North 40 developers gain capacity and flexibility. Existing neighbors, including Bella Terra residents, absorb the parking risk.

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Minor Items

• Consent items 1-7 passed 5-0. Hudes questioned a one-year land development engineering contract that drew one respondent; Town Engineer Gary Heap said only one on-call firm could staff two in-office days weekly. Staff promised a broader solicitation next year. Hu criticized its $125,000 cost and a $1.1 million holiday tree lighting contract.
• Street naming and address numbering policy adopted 5-0. The policy puts existing practice in writing and covers ADUs, renaming and emergency services coordination. Hudes asked that the approved name list be posted online.
• Moore named West Valley representative on the VTA board. He is to be sworn in in January.
• Movember proclaimed for November 2026. Dr. Shane Dormady of El Camino Health urged yearly PSA tests starting at age 50, or earlier with family history.
• Non-agenda comments: Hu alleged fund balance discrepancies. Austin urged an investigation into a data breach involving NCRIC and the town's license plate reader program.

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Looking Ahead

Commission recruitment closes Nov. 23, and sandbags are available. "The El Niño will hit us pretty hard is what we anticipate," said Town Manager Chris Constantin.