Staff Report.FINAL
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/21/2017
ITEM NO: 2
DRAFT
MINUTES OF THE TOWN COUNCIL MEETING
NOVEMBER 7, 2017
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday,
November 7, 2017, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Marico Sayoc, Vice Mayor Rob Rennie, Council Member Marcia Jensen, Council
Member Steve Leonardis, Council Member Barbara Spector.
Absent: None
PLEDGE OF ALLEGIANCE
Sejal Pancholy led the Pledge of Allegiance. The audience was invited to participate.
BOARD/COMMISSION/COMMITTEE APPOINTMENTS
Appoint applicants for the vacant positions on Town Boards, Commissions, and Committees
Recess at 7:10 p.m. to tally the votes.
Reconvene at 7:28 p.m.
Arts and Culture Commission
o Maureen Cappon-Javey was re-appointed.
o Kristen Kovac was appointed.
o Michael Miller was appointed.
o Ellis Weeker was re-appointed.
Bicycle and Pedestrian Advisory Commission
o Bill Ehlers was appointed.
o Cory Fuller was appointed.
o Sheldon Gilbert was appointed.
o Maryann Gustafson-Sawyer was re-appointed.
Building Board of Appeals
o Robert Philbrook was appointed.
Community and Senior Services Commission
o Jennifer Alexander was appointed.
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SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF NOVEMBER 7, 2017
DATE: NOVEMBER 11, 2017
Appointments to Boards, Commissions, and Committees – continued
General Plan Committee
o Lee Quintana was appointed.
Library Board
o Susan Buxton was appointed.
Parks Commission
o James Godsey was appointed.
Personnel Board
o Jennifer Lewis was re-appointed.
o Larry Maggio was re-appointed.
Planning Commission
o Mary Badame was re-appointed.
o Kendra Burch was re-appointed.
Transportation and Parking Commission
o Robert Buxton was re-appointed.
o Peter Hertan was appointed.
o Maria Ristow was re-appointed.
MOTION: Motion by Mayor Marico Sayoc to direct the Clerk Administrator to
advertise the vacancies in March 2018. Seconded by Vice Mayor Rob
Rennie.
VOTE: Motion passed unanimously.
PRESENTATIONS
Mayor Sayoc presented Finance Director, Stephen Conway, with the Certificate Achievement
for Excellence in Financial Reporting (CAFR) Fiscal Year Ending 2016.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Steve Leonardis stated he attended a West Valley Solid Waste
Management Board meeting.
- Council Member Marcia Jensen stated she had nothing to report.
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SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF NOVEMBER 7, 2017
DATE: NOVEMBER 11, 2017
Council Matters – continued
- Mayor Marico Sayoc stated she and Council Member Jensen attended a Council Policy
Committee meeting, she announced the launch of the new R.Y.D.E. program, she attended
the swearing in for a new Los Gatos-Monte Sereno Police Officer, and attended meetings
with the Los Gatos Chamber of Commerce and West Valley Mayors and Managers.
- Vice Mayor Rob Rennie stated he attended the Valley Transportation Authority (VTA)
Congestion Management Subcommittee and Board meetings, he attended a three day
conference for LAFCO, participated in the Rebuilding Together day, and announced Silicon
Valley Clean Energy Authority (SVCEA) is recruiting for a Citizens Advisory Group.
- Council Member Barbara Spector stated she represented the Town at the Santa Clara
Valley Water Commission meeting.
Manager Matters
- Announced the launch of the community planning meeting for Bachman Park on November
16 at 7 p.m. in the Council Chambers
- Announced that a traffic calming meeting for College Avenue will be held in December.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Closed Session Meeting minutes of October 17, 2017.
2. Approve Council Meeting minutes of October 17, 2017.
3. Approve Closed Session Meeting Minutes of October 24, 2017.
4. Approve Study Session Meeting minutes of October 24, 2017.
5. Adopt an ordinance of the Town Council of the Town of Los Gatos amending Los Gatos
Municipal Code Chapter 14, Article XII, Section 14.120.010 – 14.120.030 prohibiting the
establishment of any form of marijuana commerce, trade or industry, and prohibiting
commercial cultivation, processing, and delivery of marijuana. ORDINANCE 2263
6. Approval of Settlement Agreement in Town Of Los Gatos, Saratoga and Cupertino vs.
California Department of Transportation (Caltrans) and Valley Transportation Authority
(VTA).
7. Town Code Amendment Application A-17-001. Consider Amendments to Chapter 29
(Zoning Regulations) of the Town Code regarding Cellars. Project Location: Town Wide.
Applicant: Town of Los Gatos. ORDINANCE 2264
8. Receive the First Quarter Investment Report (July through September 2017) for Fiscal Year
2017/18.
9. Receive the Fiscal Year (FY) 2017/18 First Quarter Budget Performance Report for the
period July 1, 2017 through September 30, 2017.
10. Adopt resolution authorizing the continued use of Supplemental Local Law Enforcement
Services funds (SLESF) to provide funding for two (2) full-time Police officers assigned as
motorcycle traffic officers. RESOLUTION 2017-059
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SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF NOVEMBER 7, 2017
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Consent Items – continued
11. Authorize the Town Manager to submit an application to the Metropolitan Transportation
Commission’s (MTC) Innovative Deployments to Enhance Arterials (IDEA) grant program for
a Smart Signal project.
12. Adopt a resolution authorizing the Town Manager to apply for and accept grant funds under
the Clean, Safe Creeks and Natural Flood Protection Program. RESOLUTION 2017-060
13. PPW Job No. 816-0410 – Bicknell Road Storm Drain Improvements
a. Reject all bids for the Bicknell Road Storm Drain Improvements project.
b. Approve the plans and specifications for the Bicknell Road Storm Drain Improvements
project and authorize the Town Manager to advertise the project for re-bid.
c. Authorize the Town Manager to award and execute a Construction Agreement in an
amount not to exceed $125,000, including contingencies.
d. Authorize staff to execute future change orders in an amount not to exceed fifteen
percent of the contract award amount.
14. Authorize the Town Manager to execute an Agreement for Consultant Services for Pl an
Check Review Services with CSG Consultants, Inc. in an amount not to exceed $160,000.
MOTION: Motion by Council Member Marcia Jensen to approve Consent Items 1
through 14. Seconded by Vice Mayor Rob Rennie.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Angelia Doerner
- Commented on the speeding problem in Town and consideration of resident testimony.
Patti Rice, Los Gatos Chamber of Commerce Board President
- Commented on the Town's cost recovery program and requested the Town review the cost
recovery policy.
Alex Hult
- Commented on the frustration of the business community with the disconnect between
them and the Town.
PUBLIC HEARINGS
15. First reading and introduction of an ordinance of the Town of Los Gatos amending Los Gatos
Town Code Chapter 14, Article X. - Special Events
Monica Renn, Economic Vitality Manager, presented the staff report.
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SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF NOVEMBER 7, 2017
DATE: NOVEMBER 11, 2017
Public Hearings Item #15 - continued
Opened Public Comment.
Randi Chen, Los Gatos Chamber of Commerce
- Questioned the need for cost recovery for staff time.
Tony Alarcon
- Requested the Town consider closing Johnson Avenue on a permanent basis on Halloween.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Marcia Jensen to introduce and conduct a
first reading of an Ordinance (Attachment 2), by title only, amending
Town Code Chapter 14, Article X. - Special Events, and include option 1.a.
and b. contained in the Desk Item to remove block parties, and and put a
60 day limit per paragraph 1.b. Seconded by Council Member Barbara
Spector.
VOTE: Motion passed unanimously.
The Clerk Administrator read the title of the ordinance.
16. Adopt a resolution of the Town Council of the Town of Los Gatos amending the Town of Los
Gatos Comprehensive Fee Schedule to include fees, rates, and charges for a tobacco retail
license. RESOLUTION 2017-0661
Robert Schultz, Town Attorney, presented the staff report.
Opened and closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Barbara Spector to adopt a resolution
approving amendments to the Los Gatos Comprehensive Fee Schedule to
include fees, rates, and charges for a Tobacco Retail License (Attachment
1). Seconded by Council Member Marcia Jensen.
VOTE: Motion passed unanimously.
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SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF NOVEMBER 7, 2017
DATE: NOVEMBER 11, 2017
OTHER BUSINESS
17. 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.
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.
MOTION: Motion by Council Member Marcia Jensen to continue the item to
December 5 so it may be properly noticed. Seconded by Vice Mayor Rob
Rennie.
VOTE: Motion passed unanimously.
18. Review, discuss, and consider the recommendations of the Council Finance Committee to:
a. Adopt a resolution establishing the Town Council as an Oversight Committee for the
Town of Los Gatos IRS Section 115 Pension Trust and California Employers’ Retiree
Benefit Trust (CERBT). RESOLUTION 2017-062
b. Adopt an Investment Policy for the Town of Los Gatos IRS Section 115 Pension Trust and
CERBT. POLICY 4-04
Arn Andrews, Assistant Town Manager, presented the staff report.
Opened Public Comment.
Jak Van Nada
- Commented on the lack of progress that has been made and questioned why the Council
should be the oversight committee.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Marcia Jensen to a) adopt a resolution
(Attachment 1) establishing the Town Council as an Oversight Committee
for the Town of Los Gatos IRS Section 115 Pension Trust and California
Employers’ Retiree Benefit Trust (CERBT); and b) adopt an Investment
Policy for the Town of Los Gatos IRS Section 115 Pension Trust and
CERBT. Seconded by Council Member Steve Leonardis.
VOTE: Motion passed unanimously.
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SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF NOVEMBER 7, 2017
DATE: NOVEMBER 11, 2017
19. Approve the recommendation of the Finance Committee to proceed with preparing a ballot
measure to place a 1/8 cent general sales tax on the November 2018 ballot for Los Gatos
priorities
Arn Andrews, Assistant Town Manager, presented the staff report.
Opened Public Comment.
Jak Van Nada
- Commented in support of a special tax that would go towards unfunded liabilities with an
oversight committee.
Maria Ristow
- Commented in favor of the tax.
Catherine Somers, Los Gatos Chamber of Commerce Executive Director
- Commented on the results of a Chamber survey sent to its email database and stated the
majority were against the sales tax and would not support it unless it goes to economic
enhancement for the business community.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Steve Leonardis to approve the
recommendation of the Council Finance Committee to proceed with
preparing a ballot measure to place a 1/8 cent general sales tax on the
November 2018 Ballot for Los Gatos Priorities. Motion failed for lack of
a second.
MOTION: Motion by Council Member Steve Leonardis to return the matter to the
Finance Committee to proceed with further discussion with specific ballot
language for both a specific and general tax. Seconded by Mayor Marico
Sayoc.
VOTE: Motion passed 4/1. Council Member Marcia Jensen voting no.
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SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF NOVEMBER 7, 2017
DATE: NOVEMBER 11, 2017
PUBLIC HEARINGS
20. 105 Newell Avenue - Planned Development Application PD-14-002 and Mitigated Negative
Declaration ND-16-002. Property Owner: Tango Pappa. Applicant: Camargo & Associates
Architects.
a. Consider adoption of a Mitigated Negative Declaration and adoption of a Mitigation
Monitoring and Reporting program.
b. Request for a Planned Development to rezone a property from R-1:12 to R-1:12:PD, to
allow for the demolition of an existing building, subdivision of one lot into four, and
construction of four new single-family residences on property zoned R-1:12. APN 409-
24-026.
(CONTINUED FROM September 19, 2017)
Jennifer Armer, Associate Planner, presented the staff report.
Opened Public Comment.
Maurice Camargo and Kurt Anderson, applicant representatives
- Commented on the project.
Rick Potter
- Commented in support of the original project design .
Dale Miller
- Commented in support of the original project design .
Liat Perlman
- Commented in support of the original project design .
Kurt Anderson, applicant representative
- Addressed comments.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Steve Leonardis to approve the
development plans included with the staff report based on the findings
included in Attachment 7. AMENDMENT: remove items 5, 6, 7, and 8
from the Conditions of Approval. Seconded by Vice Mayor Rob Rennie.
VOTE: Motion passed unanimously.
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SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF NOVEMBER 7, 2017
DATE: NOVEMBER 11, 2017
ADJOURNMENT
The meeting adjourned at 11:06 p.m.
Attest:
_____________________________________
Shelley Neis, Clerk Administrator