M12-05-17
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/19/2017
ITEM NO: 2
MINUTES OF THE TOWN COUNCIL MEETING
DECEMBER 5, 2017
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday,
December 5, 2017, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Rob Rennie, Vice Mayor Steve Leonardis, Council Member Marcia Jensen,
Council Member Marico Sayoc, Council Member Barbara Spector.
Absent: None
PLEDGE OF ALLEGIANCE
Brandon Ha led the Pledge of Allegiance. The audience was invited to participate.
CLOSED SESSION REPORT
Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on the
agenda and there is no report.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Barbara Spector stated she attended the tree lighting and Holiday Parade,
and met with community members.
- Council Member Marico Sayoc stated she attended the tree lighting and Holiday Parade.
- Mayor Rob Rennie provided an update on Silicon Valley Clean Energy Authority (SVCEA).
- Vice Mayor Steve Leonardis stated he attended the Council Finance Committee meeting
with the Mayor and he attended the tree lighting and Holiday Parade.
- Council Member Marcia Jensen stated she attended the tree lighting and Holiday Parade.
Manager Matters
- Encouraged everyone to shop local this holiday season and announced that information
on free valet parking is available on the Town website.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Closed Session Meeting minutes of November 14, 2017.
2. Approve Council Special Meeting minutes of November 14, 2017.
3. Approve Council minutes of November 21, 2017.
4. Reaffirmation of the Los Gatos Town Council Code of Conduct Policy.
5. Creation of Pooled Liability Assurance Network Joint Powers Authority (Plan JPA).
PAGE 2 OF 11
SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017
DATE: DECEMBER 6, 2017
Consent Items – continued
6. Accept Fiscal Year (FY) 2016/17 Status Report on Receipt and Use of Development Impact
Fees.
7. Approve proposed Town Poet Laureate Selection Policy. POLICY 2-06
8. Authorize the Town Manager to purchase four replacement police patrol vehicles from
Folsom Lake Ford in an amount not to exceed $125,193
MOTION: Motion by Council Member Barbara Spector to approve the Consent
Items. Seconded by Vice Mayor Steve Leonardis.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Bess Wiersema, Studio 3 Design, Inc.
- Requested items 13, 14, and 16 on the agenda be continued to a later date so the
professional design community can provide input.
Noel Cross
- Inquired why the design community was not invited to participate in the process for the
Hillside Development Standards and Guideline changes.
Angelia Doerner
- Commented on the traffic safety at Hwy 9 and Massol.
Brad McCurdy
- Commented on the order and number of items on Town Council agendas.
PUBLIC HEARINGS
9. Conditional Use Permit Application U-16-005. Project Location 140 S. Santa Cruz Avenue.
Property Owner: Michael Mohr - COO Metwest Properties, LLC. Application: LG Hotel LLC
D.B.A. Toll House. (Continued from November 7, 2017)
Compliance review for Conditional Use Permit modification U-16-005, allowing
entertainment before 10:00 p.m. on property zoned C-2:PD. APNs 510-45-064 and -065.
Sally Zarnowitz, Planning Manager, presented the staff report.
Opened Public Comment.
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SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017
DATE: DECEMBER 6, 2017
Public Hearing Item #9 – continued
Jim Gerney, Toll House Hotel representative
- Commented on the process and application.
Larry Lenhart
- Requested that the management reach out to the neighbors when an event will be
happening.
Jim Gerney, Toll House Hotel representative
- Addressed comments.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Marcia Jensen to accept the report.
Seconded by Vice Mayor Steve Leonardis.
VOTE: Motion passed unanimously.
OTHER BUSINESS
10. Authorize the Town Manager to enter into a two -year agreement with Los Gatos Music in
the Park to produce, manage and promote the summer Music in the Park concert series for
2018 and 2019 in substantially the form attached allowing for minor technical or c lerical
corrections, if any, to be included in the authority granted here.
Robert Schultz, Town Attorney, presented the staff report.
Opened Public Comment.
Paul Kent, Los Gatos Music in the Park
- Commented on the benefits of the program and their commitment to bring the program to
the Town.
Scott Canali , Los Gatos Music in the Park
- Commented on the benefits of the program and their commitment to bring the program to
the Town.
Closed Public Comment.
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SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017
DATE: DECEMBER 6, 2017
Other Business Item #10 – continued
Council discussed the matter.
MOTION: Motion by Council Member Marico Sayoc to extend the existing contract
for one year with the original allotted $6,000; Council to consider the
additional $5,000 at a later date; waive the $178 application fee for the
Park Dance and the $94 banner fee; and that no alcohol be allowed in the
Council Chambers lobby. Seconded by Council Member Marcia Jensen.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
11. Consideration and Introduction of an Ordinance Amending Town Code Chapter 2, Division 4
– Conflict of Interest, Section 2.30.615. – Filing of Statements and Adding Section 2.30.620.
– Relating to Electronic and Paperless Filing of Fair Political Practices Commission Campaign
Disclosure Statements.
Shelley Neis, Clerk Administrator, presented the staff report.
Opened and closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Marico Sayoc to move for the introduction
and first reading of an Ordinance, by title only, approving the use of
online or electronic filing of the Fair Political Practices Commission (FPPC)
Conflict of Interest Form 700 and the Campaign Disclosure Statements ,
including only a reference to the Government Code and not a specific
dollar amount . Seconded by Council Member Marcia Jensen.
VOTE: Motion passed unanimously.
The Clerk Administrator read the title of the ordinance.
12. Review, Discuss, and Provide Direction Regarding a Potential Increase in Town Council
Compensation.
Robert Schultz, Town Attorney, presented the staff report.
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SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017
DATE: DECEMBER 6, 2017
Public Hearing Item #12 – continued
Opened and closed Public Comment.
Council discussed the matter.
MOTION: Motion by Vice Mayor Steve Leonardis to move increase Council
compensation to $570 a month, inclusive of the car allowance. Motion
failed for lack of a second.
MOTION: Motion by Vice Mayor Steve Leonardis to increase Council compensation
to $570 a month. Seconded by Council Member Barbara Spector.
VOTE: Motion passed 4/1. Council Member Marcia Jensen voting no.
13. Town Code Amendment Application A-17-003. Consider Amendments to Chapter 29
(Zoning Regulations) of the Town Code regarding Accessory Dwelling Units (ADU).
Project Location: Town wide. Applicant: Town of Los Gatos.
Sally Zarnowitz, Planning Manager, presented the staff report.
Opened Public Comment.
Angelia Doerner
- Commented on the requirement of owner occupation and the floor area ratio (FAR) limits.
Leslie Morley
- Inquired if owners can rent the primary residence if they have rented out the accessory
dwelling unit (ADU).
Closed Public Comment.
Council discussed the matter.
PAGE 6 OF 11
SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017
DATE: DECEMBER 6, 2017
Public Hearing Item #13 – continued
MOTION: Motion by Council Member Barbara Spector to return the draft
ordinance to staff to consider the language as proposed with the
following potential modifications: 1) none of the buildings need to be
owner occupied; 2) allow ADU’s in the RD zone; 3) provide some
information regarding an increase to FAR and lot coverage; 4) provide
wording to include the two stories when there is alre ady a building with
two stories; and 5) provide information on items such as
setbacks. AMENDMENT: provide report on lot coverage when there is an
ADU as opposed to FAR. AMENDMENT: to continue the item to January
16, 2018. Seconded by Council Member Marcia Jensen.
VOTE: Motion passed unanimously.
Recess at 9:14 p.m.
Reconvene at 9:24 p.m.
14. Town Code Amendment Application A-17-002. Project Location: Town Wide. Applicant:
Town of Los Gatos.
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding
Fences, Hedges, and Walls (continued from October 17, 2017).
Sean Mullin, Associate Planner, presented the staff report.
Opened Public Comment.
David Weissman
- Provided clarification on his proposed amendments.
Alice Kaufman, Legislative Advocate for the Committee for Green Foothills
- Commented in support of the proposed ordinance.
Kamilah Najieb-Wachob, Intern for the Committee for Green Foothills
- Commented in support of the proposed ordinance.
Jim Vergara
- Commented in opposition of the proposed ordinance.
Sam Schaevitz
- Commented in opposition of the proposed ordinance.
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SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017
DATE: DECEMBER 6, 2017
Public Hearing Item #14 – continued
Richard Reed
- Commented in opposition of the proposed ordinance.
Joanne Chayut
- Commented in opposition of the proposed ordinance.
Lisa doughty
- Commented in opposition of the proposed ordinance.
Ty Doughty
- Commented in opposition of the proposed ordinance.
Alan Young
- Commented in opposition of the proposed ordinance.
Austin Donnelly
- Commented in opposition of the proposed ordinance.
Kasey Harnish
- Commented in opposition of the proposed ordinance.
Kit Gordon, Sierra Club Loma Prieta Chapter
- Commented in support of the proposed ordinance.
Mackenzie Mossing, Santa Clara County Audubon Society
- Commented in support of the ordinance.
Anik Manocha
- Commented in opposition of the proposed ordinance.
John Bourgeois
- Commented in support of the proposed ordinance.
David Klinger
- Commented in support of a seven foot height including lattice in the non -hillside area.
Bill Kraus
- Commented in opposition of the proposed ordinance.
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SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017
DATE: DECEMBER 6, 2017
Public Hearing Item #14 – continued
Bruce McCombs
- Commented in support of the proposed ordinance.
Deborah Acosta
- Commented in opposition of the proposed ordinance.
Rupor Iyar
- Commented in support of the proposed ordinance.
Paul Lacey
- Commented in opposition of the proposed ordinance.
Linda Caplinger
- Commented in opposition of the proposed ordinance.
Steve Doughty
- Commented in opposition of the proposed ordinance.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Marcia Jensen to continue the item to a date
uncertain pending the outcome of the strategic priorities session,
including the prioritization of this ordinance and consideration of a
Wildlife Corridor Study; and evaluate input from Council and the public to
determine if a compromise is possible. Seconded by Council Member
Marico Sayoc.
VOTE: Motion passed unanimously.
15. Veteran’s Memorial - Architecture and Site Application S-17-033. Project Location: 110 E.
Main Street. Applicant: Patrick Flanders. Property Owner: Town of Los Gatos.
Consider a request for approval to construct a new Veterans Memorial on property zoned
C-1:PD. APN 529-34-108. RESOLUTION 2017-064
Sean Mullin, Associate Planner, presented the staff report.
Opened Public Comment.
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SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017
DATE: DECEMBER 6, 2017
Public Hearing Item #15 – continued
Kent Hillhouse, President of the Veteran’s Memorial Foundation
- Commented on the project.
Dan Furtado
- Commented in support of the project.
Rex Naden
- Commented in support of the project.
Anegelia Doerner
- Commented in support of the project.
Clyde Horn
- Commented in support of the project.
Bart Raynaud
- Commented in support of the project.
Alice Hoagland
- Commented in support of the project.
Mike Frangadakis
- Commented in support of the project.
Barney Davidge
- Showed scaled drawings comparing the Veteran's submittal and the consulting architect's
recommendation.
Denise Ramon Herrera
- Read a statement in support of the project on behalf of State Senator Jim Beall.
George Hall
- Commented on the drawings that were shown comparing the submittal to the consulting
architect's recommendation.
Patrick Flanders
- Commented in support of the project.
John Lochner
- Commented in support of the project.
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SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017
DATE: DECEMBER 6, 2017
Public Hearing Item #15 – continued
Diane Chandler
- Commented in support of the project.
Carol Musser
- Commented in support of the project.
Stan Weitzman
- Commented in support of the project.
Duino Giordano
- Commented in support of the project.
Jan Schwartz
- Commented on the scale and size of the project and in support of the project.
Frank Morris, project artist
- Addressed comments.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Marico Sayoc to continue the meeting no
later than thirty minutes, 12:30 a.m. Seconded by Vice Mayor Steve
Leonardis.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Steve Leonardis to approve the project as
submitted. Seconded by Council Member Marico Sayoc.
VOTE: Motion passed 4/1. Council Member Marcia Jensen voting no.
16. Hillside Development Standards and Guidelines modifications. Project Location: Properties
located within the Hillside Overlay. Applicant: Town of Los Gatos.
Adopt a resolution to amend Chapter II. (Constraints Analysis and Site Selection) of the
Hillside Development Standards and Guidelines regarding Visibility Analysis (continued from
October 17, 2017). RESOLUTION 2017-064
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SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 5, 2017
DATE: DECEMBER 6, 2017
MOTION: Motion by Council Member Marico Sayoc to continue the item to a date
certain of December 19, 2017. Seconded by Council Member Marcia
Jensen.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 12:02 a.m.
Attest:
_____________________________________
/s/ Shelley Neis, Clerk Administrator