110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/06/2026
ITEM NO: a.
DESK ITEM
DATE: October 6, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Discussion of Potential Amendments to Council Policy 2-04 and Board, Committee, and Commission Policy 2-19 Regarding Disclosure of Personal, Professional, and Business Relationships in Pending Matters FISCAL IMPACT:
Attachment 4 contains public comment.
Attachments:
1. Council Policy 2-04, Town Council Roles and Responsibilities, Including Code of Conduct
2. Council Policy 2-19, Board, Committee, and Commission Roles and Responsibilities, Including Code of Conduct
3. Council Policy 2-11, Commission Requirements and Guidelines: Residency, Attendance, Quorum, and Appointments
Attachment Received with this Desk Item:
4. Public Comment
From: Linda S
To: Clerk
Subject: Public comment for Council Matters item a
Date: Monday, October 5, 2026 7:56:33 PM
Attachments: Moore_2-04_Complaint_WVMA_2026-08-03.pdf
Rob Moore August Newsletter pages 4-5.pdf
2-04%20Town%20Council%20Code%20of%20Conduct%20%2808.19.2025%29_202508251653112739.pdf Farley%20Rd%2016769%20-%20PC%20-%203-11-20-COA.pdf
[EXTERNAL SENDER]
Dear Town Clerk,
I have decided to submit my formal complaint as a public comment to the council matters discussion for the October 6 Town Council meeting. I was honestly shocked that, when the WVMA CUP appeal came before the Council, there was no disclosure of the improper communications in accordance with Policy 2-04 in force today. Mayor Moore’s public statement in his newsletter was biased and false. It was also made in violation of the special considerations for quasi-judicial decisions.
What is the cure for the bias which has occurred?
I do support another review and revision of Policy 2-04.
Thank you for putting this on the public record.
Regards,
Linda Swenberg
Begin forwarded message:
From: Linda S
Subject: Formal Complaint – Policy 2-04 – Mayor Rob Moore – WVMA CUP Appeal – Filing per Section XII.B.1
Date: August 3, 2026 at 5:02:29 PM PDT
To: Clerk <[email protected]>
Dear Town Clerk,
Per Section XII.B.1 of the current Code of Conduct Policy 2-04 ( www.losgatosca.gov/DocumentCenter/View/15559/2-04-Town-Council-Code-ofConduct ), please log and process the attached formal complaint.
Current in-force policy: You verified on 8/3/26 that DocumentCenter View/15559 is the current version. This verification pertains only to version, not substance – you did not review the complaint details.
Complaint: Against Mayor Rob Moore – Violations XI.A, VIII.C.2, and XI.D – Public newsletter statement 8/3/26 on pending quasi-judicial WVMA CUP appeal ATTACHMENT 4
set for 8/18/26, including false statement that 2020 CUP did not accommodate Ramadan extended hours, when Condition 9 explicitly allows 11 p.m. for 30 days during Ramadan.
Attachments:
1. Formal Complaint – PUBLIC REDACTED version (name/city only)
2. Formal Complaint – CONFIDENTIAL Page 2 with full contact – Per Gov Code 6254(c) – Do Not Post – Official Use Only
3. Exhibit A – Mayor August Newsletter Pages 4-5
4. Exhibit B – Policy 2-04 – link above
5. Exhibit C – 2020 COA Condition 9 – 16769 Farley Rd – U-20-001 – March 11, 2020
Please:
Acknowledge receipt per XII.B.2.d.i
Forward to Town Attorney and Town Manager per XII.B.3.b Notify Town Council within 5 business days per XII.B.3.c Confirm redaction of street/email/phone from any public posting, agenda packet, or PRA release per Gov Code 6254(c), 6255 and “unless protected by law” in XII.B.2.a
I consent to disclosure of name and city.
Thank you,
Linda Swenberg
Los Gatos, CA
\\TLG-FILE\DATA\DEV\CONDITIONS\2020\FARLEY RD 16769 - PC - 3-11-20-COA.DOCX Planning Commission –March 11, 2020
CONDITIONS OF APPROVAL
16769 Farley Road
Conditional Use Permit Application U-20-001
Requesting approval of a modification to an existing Conditional Use Permit for expanded hours of operation in an institution for religious observance (West Valley Muslim Association) on property zoned R-1:8. APN 424-21-062.
PROPERTY OWNER: West Valley Muslim Association
APPLICANT: Javed Khan
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has been granted is discontinued for a period of one (1) year, the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance.
4. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy must be obtained prior to commencement of use.
5. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney.
6. COMPLIANCE MEMEMORANDUM: A memorandum, in compliance with standard Town practice, shall be prepared and submitted with the building permit detailing how the conditions of approval will be addressed.
7. USE: Maintain an existing Church facility
8. The leaders’ quarters shall not be allowed for any use other than living quarters for leaders associated with the institution.
9. HOURS: Maximum hours of operation shall not extend past 10:00 p.m. except for 30 days during religious service for the month of Ramadan which hours of operation shall not extend past 11:00 p.m.
10. Windows on the west elevation shall remain closed.
FORMAL COMPLAINT OF CODE OF CONDUCT VIOLATION
Policy 2-04 CURRENT – www.losgatosca.gov/DocumentCenter/View/15559/2-04- Town-Council-Code-of-Conduct
PUBLIC VERSION – CONTACT INFO REDACTED
Date: August 3, 2026
TO: Town Clerk – [email protected] – Filing per XII.B.1 Current Policy: www.losgatosca.gov/DocumentCenter/View/15559/2-04-Town-CouncilCode-of-Conduct FROM: Linda Swenberg, Los Gatos Resident – Contact on File Page 2 Filing on Process / Due Process Grounds – Hearing 8/18/26 RE: Complaint Against Mayor Rob Moore – Violations XI.A, VIII.C.2, XI.D – Public Statement on Pending Quasi-Judicial WVMA CUP Appeal and Misleading Statement re 2020 CUP Ramadan Accommodation
1. Authority
Filed under Policy 2-04 (9 pages, Revised 10/04/2022) at www.losgatosca.gov/ DocumentCenter/View/15559/2-04-Town-Council-Code-of-Conduct. The Clerk verified on 8/3/26 that View/15559 is current in-force version. The Clerk did not review substance.
2. Procedural Basis
XII.B.1 Verbatim: “Complaints related to a Council Code of Conduct policy violation or other misconduct shall be submitted through the Town Clerk in writing or in any other such form that can be reviewed, documented, retained, and transmitted to the Town Council.”
XII.B.3 requires the town clerk to log the complaint, forward it to the Attorney/Manager, and provide notice to Council within 5 business days.
3. Facts
On August 3, 2026 at 8:10 AM, Mayor Rob Moore distributed his August Newsletter ([email protected]) to the public. Pages 4-5, under “West Valley Muslim Association Appeal,” contain public statements on a pending quasi-judicial matter scheduled for Town Council hearing August 18, 2026:
“West Valley Muslim Association Appeal: In a few weeks, the Town Council will evaluate two appeals regarding an application for the West Valley Muslim Association (WVMA) to modify its conditional use permit (CUP)...” and specifically: “WVMA applied to modify its CUP more than a year ago to adjust its hours of operation, since the existing CUP did not accommodate the extended hours of worship observed during Ramadan.”
4. Violations
VIII.C.2 – Page 4 Verbatim: “Council Members may not offer an opinion indicating that a preliminary decision has been reached prior to the public hearing or make any statements indicating bias. Quasi-judicial statements are those in which a decisionmaker is required to render a decision by applying the law to particular facts presented at a hearing on the matter. Examples of quasi-judicial decisions are certain land use entitlements, permit appeals, and license revocations.” XI.A – Page 6 Verbatim – “Council Members may express preliminary opinions on general policy matters or issues that are still in development. However, Council Members shall not express opinions or make statements regarding quasi-judicial matters —such as land use entitlements, permit appeals, or license revocations—prior to the public hearing and Council deliberation.”
XI.D – Page 6 Verbatim: “Council Members are expected to communicate honestly, respectfully, and transparently, and to avoid statements or implications that could mislead the public, other agencies, or Town staff regarding the official position of the Town or Town Council.”
The WVMA CUP modification appeal is a permit appeal – a classic quasi-judicial matter.
The Mayor’s newsletter is a public, extra-record communication about that pending matter prior to the public hearing and deliberation. Under VIII.C.2 and XI.A, the fact that he made ANY public statement at all before the August 18 hearing is itself a violation, regardless of content.
The newsletter violates XI.D because it contains a false and misleading statement of Town record: “since the existing CUP did not accommodate the extended hours of worship observed during Ramadan.” In fact, “HOURS: Maximum hours of operation shall not extend past 10:00 p.m. except for 30 days during religious service for the month of Ramadan which hours of operation shall not extend past 11:00 p.m.” The 2020 CUP explicitly DID accommodate extended Ramadan hours to 11:00 p.m. The Mayor’s statement that it did not misstates the official approvals and misleads the public about the baseline for the current modification. This is a straightforward factual inaccuracy about what the Town previously approved, in violation of XI.D’s duty to communicate honestly and avoid misleading implications. It prejudices a quasi-judicial proceeding by framing the appeal inaccurately before evidence is taken.
5. Why This Matters
I am not filing this complaint as a personal attack on Mayor Moore. I am filing because quasi-judicial matters like a CUP appeal carry serious weight under the law, which is why Policy 2-04 has XI.A and VIII.C.2. Unlike legislative debates, quasi-judicial matters require a fair, impartial hearing based solely on the evidence in the record, with no prejudgment or bias. When a decision-maker makes a public statement about a pending case before the hearing, it telegraphs bias and creates an appearance of unfairness. As a non-attorney, I understand this also opens the Town to significant legal liability. I am asking that this be cured before August 18 to protect the integrity of the hearing for all parties and to protect the Town.
6. Evidence
Exhibit A: Mayor Rob Moore August Newsletter – August 3, 2026 – Pages 4-5 Exhibit B: Policy 2-04 CURRENT – www.losgatosca.gov/DocumentCenter/View/ 15559/2-04-Town-Council-Code-of-Conduct – XI.A, VIII.C.2, XI.D verbatim Exhibit C: Planning Commission March 11, 2020 CONDITIONS OF APPROVAL – 16769 Farley Road – CUP Application U-20-001
7. Requested Action – Expedited for August 18 Hearing
Per XII.B.3.a – log; XII.B.3.b – forward to the Town Attorney and Town Manager; XII.B.3.c – notify Town Council within 5 business days with copy and identity (unless protected by law); XII.B.2.d.i – acknowledge receipt; XII.B.4 – Informal/Formal Review; Pending resolution: publicly admonish the Mayor to refrain from further extra-record statements on WVMA, issue correction that 2020 CUP Condition 9 did allow extended hours for Ramadan, and place this complaint in WVMA hearing record.
Please also consider recusal/continuance to cure bias and consider imposing all available sanctions. Notify me of the disposition of this complaint.
8. Privacy / Redaction Request
Per Gov Code 6254(c), 6255 and “unless protected by law” in XII.B.2.a and XII.B.3.c.ii, request street address, personal email, and phone be kept confidential and redacted from any website posting, agenda packet, or PRA release. Name and city may be disclosed. Full contact on Confidential Page 2 for official use only.
Respectfully submitted,
Linda Swenberg
Date: August 3, 2026
The next regular Town Council meeting will occur on August 4 at 7 p.m. You can view Council meetings on the Town of Los Gatos’ YouTube channel, attend in person or on Zoom, or watch the recording after the meeting. You can see agendas here.
Some of the items of significance coming to the Town Council this month include:
Twin Oaks Development Proposal: Next week, the Town Council will evaluate a housing development proposal in the Surrey Farms neighborhood of Los Gatos located at 178 Twin Oaks Drive. The proposal calls for the development of 12 single-family homes, with 3 of them being below market rate. Like most current development proposals of significance in Los Gatos, this application utilizes State Bill (SB) 330, a state law that streamlines the application process and limits local control over housing developments. The Planning Commission voted to recommend approval of the proposal. You can view the proposal here.
The Town Council will evaluate the development proposal during a special Town Council meeting at 5 p.m. on Tuesday, August 11.
Oka Road Development Proposal: The following week, the Council will review a housing development proposal for the property located at 14789 Oka Road, next to the JCC in Los Gatos. The applicant proposes building 138 townhome units, with 28 of them being below market rate. The townhomes proposed are 2- and 3-bedroom units. The image above is a rendering of this proposal.
The Oka Road developer is also invoking SB 330, limiting the Town of Los Gatos’ control over the project. You can view the development proposal here.
The Town Council will consider this application at a special Town Council meeting at 5 p.m. on Tuesday, August 18.
West Valley Muslim Association Appeal: In a few weeks, the Town Council will evaluate two appeals regarding an application for the West Valley Muslim Association (WVMA) to modify its conditional use permit (CUP), which outlines the organization's rules for operation. WVMA is Los Gatos' mosque, located on Farley Rd. off Los Gatos Blvd. WVMA applied to modify its CUP more than a year ago to adjust its hours of operation, since the existing CUP did not accommodate the extended hours of worship observed during Ramadan.
Ramadan is Islam's holiest month, marked by enhanced spiritual activities, including communal prayer from early morning to late evening. WVMA is in a residential neighborhood, and neighbors have voiced significant concerns about its operations and the CUP application.
The Planning Commission spent roughly six months evaluating this The Planning Commission spent roughly six months evaluating this application, with substantial public comment over multiple public hearings. After five meetings and extensive deliberation, the Commission voted to approve the application with 33 conditions of approval. Both neighbors and the mosque appealed the decision, which is why the Town Council will now make the final decision. The appeals focus on about 20 of those conditions, including occupancy, attendance, hours of operation, and parking.
You can see the application and appeals here and read press coverage of this discussion here.
Upcoming Events
Check out all of the fun and important happenings during August below! National Night Out: National Night Out is tomorrow! This event is hosted by the Los Gatos-Monte Sereno Police Department and is a chance for Los Gatos residents to connect with our local police. This is a family-friendly event featuring cornhole, a dunk tank, a blow-up batting cage, kids’ mini-motorcycle rides, ice cream, and coffee. New this year, you can dunk your mayor - me - in the dunk tank! Many other first responders like Santa Clara County Fire will also be in attendance.
This event is happening tomorrow, Tuesday, August 4 at Town Plaza