101717.FINAL
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/17/2017
ITEM NO: 2
DRAFT
MINUTES OF THE TOWN COUNCIL MEETING
OCTOBER 17, 2017
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, October
17, 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
Anna Cummings led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Sayoc presented a Small Business, Big Applause commendation to Friends of the Library.
Alyce Parsons, President; Toni Blackstock, Past President; Georgina Van Horn, Vice President;
and Gretchen Bell, Recording Secretary, accepted the commendation on behalf of the Friends
and thanked the Town for its support.
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 Steve Leonardis stated he attended the Annual Chamber of Commerce
Awards Dinner, Treatment Plant Advisory Committee meeting, West Valley Sanitation
District (WVSD) Board of Directors meeting, and chaired the Cou ncil Finance Committee
meeting.
- Council Member Marcia Jensen stated she had nothing to report.
- Mayor Marico Sayoc announced several emergency preparedness items that are available:
a Life Saving Information for Emergencies brochure prepared by the Fire Department, two
apps Ready SCC and Alert SCC, and the Community Emergency Response Term (CERT)
leadership academy; she attended a Neighborhood Watch meeting with the Police
Department, met with the Los Gatos High School Principal and Superintendent, and
attended the Los Gatos Chamber of Commerce Annual Awards Dinner.
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SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017
OCTOBER 18, 2017
Council Matters – continued
- Vice Mayor Rob Rennie Stated he attended a LAFCO meeting, a Valley Transportation
Authority (VTA) Board meeting observing as an alternate, and the Council Finance
Committee; he chaired a special Study Session for SVCEA, participated in an interview panel
for the SVCEA CEO, chaired the SVCEA Board of Directors meeting, and attended the VTA
Policy Advisory Committee meeting.
- Council Member Barbara Spector stated she attended community events organized by the
Los Gatos Chamber of Commerce and Irish Writers Festival.
Manager Matters
- Announced recruitment for Adult Commissioners is ongoing and the deadline to apply is
Friday, October 27, 5:00 p.m.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council Meeting minutes of October 3, 2017.
2. Extend Appointment of Seated Town Lau reate Stan Garber for One Year.
3. Authorize the Town Manager to submit a grant application for a Town-wide Automobile
Trip Reduction Initiative in the Caltrans’ Sustain able Communities Grant program.
4. PPW Job No. 813-0231 – Bicycle And Pedestrian Improvement Project
a. Approve the prioritization for the Bicycle and Pedestrian Improvement Project.
b. Authorize a Revenue and Expenditure Budget Adjustment in the amount of $75,000
from the Traffic Mitigation Fund to conduct a Highway 9 Corridor Study .
c. Authorize the Town Manager to award a contract for a Highway 9 Corridor Study in an
amount not to exceed $75,000.
Item #4 was pulled by a member of the public.
MOTION: Motion by Council Member Marcia Jensen to approve Consent Items 1
through 3. Seconded by Vice Mayor Rob Rennie.
VOTE: Motion passed unanimously.
Pulled Consent Item #4
4. PPW Job No. 813-0231 – Bicycle And Pedestrian Improvement Project
a. Approve the prioritization for the Bicycle and Pedestrian Improvement Project.
b. Authorize a Revenue and Expenditure Budget Adjustment in the amount of $75,000
from the Traffic Mitigation Fund to conduct a Highway 9 Corridor Study .
c. Authorize the Town Manager to award a contract for a Highway 9 Corridor Study in an
amount not to exceed $75,000.
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SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017
OCTOBER 18, 2017
Pulled Consent Item #4 – continued
Lisa Petersen, Town Engineer, presented the staff report.
Opened public comment.
Angelia Doerner
- Commented on the need for accountability and asked what will be done with the study
once it's completed.
Gretchen Bell
- Commented that some type of traffic control would help at Massol and Hwy 9.
Bob Burke
- Inquired if the scope of the project includes the section of Hwy 9 from Alberto Way to Los
Gatos Blvd.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Marcia Jensen to a) Approve the prioritization for
the Bicycle and Pedestrian Improvement Project; b) Authorize a Revenue and
Expenditure Budget Adjustment in the amount of $75,000 from the Traffic
Mitigation Fund to conduct a Highway 9 Corridor Study and expand the Study
to Los Gatos Blvd.; and c) Authorize the Town Manager to award a contract for
a Highway 9 Corridor Study in an amount not to exceed $75,000. Seconded by
Council Member Barbara Spector.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Leslie Sanchez, Admissions Manager of NUMU
- Shared upcoming events at the museum.
Bob Burke
- Commented on potential environmental impacts that could affect neighbors and the Town.
Carl Guardino, Silicon Valley Leadership Foundation
- Invited all to the 13th Annual Turkey Trot on Thanksgiving Day.
PAGE 4 OF 10
SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017
OCTOBER 18, 2017
PUBLIC HEARINGS
5. 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. (Recommend
continuance to 12/5/17)
6. 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. (Recommend continuance to 12/5/17)
MOTION: Motion by Council Member Marcia Jensen to continue items 5 and 6 to
December 5, 2017. Seconded by Vice Mayor Rob Rennie.
VOTE: Motion passed unanimously.
7. An ordinance 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.
Robert Schultz, Town Attorney, presented the staff report.
Opened Public Comment.
Bob Burke
- Inquired if delivery of marijuana from persons outside of Los Gatos to persons in Los Gatos
is prohibited.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Marcia Jensen to introduce and have a first
reading of an Ordinance, by title only, amending Section 14.120.010 –
14.120.030 of the Town Code to prohibit the establishment of any form of
marijuana commerce, trade or industry, and prohibiting commercial
cultivation, processing, and delivery of marijuana (Attachment 1). Seconded
by Council Member Steve Leonardis.
VOTE: Motion passed unanimously.
PAGE 5 OF 10
SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017
OCTOBER 18, 2017
Public Hearing Item #7 – continued
The Clerk Administrator read the title of the ordinance.
8. 15860-15894 Winchester Boulevard - Architecture and Site Application S-16-023,
Subdivision Application M-16-002, and Negative Declaration ND-16-003.
Applicant/Appellant: Doug Rich, Valley Oak Partners. Property Owner: South Beach
Partners LLC and Cumulus Capital Holdings LLC.
Consider an appeal of a Planning Commission decision denying a request to demolish three
existing single-family residences, remove a secondary unit, remove large protected trees,
and merge four lots for the purposes of constructing a new two-story office building with
below grade and at grade parking on property zoned O. No significant environmental
impacts have been identified as a result of this project and a Mitigated Negative
Declaration is recommended. APNs 529-11-013, -038, -039, and -040. (Continued from
August 15, 2017) RESOLUTION 2017-057
Jocelyn Puga, Associate Planner, presented the staff report.
Opened Public Comment.
Doug Rich, applicant
- Commented on the project.
Mary Bagatelos
- Commented on the traffic impacts.
Bob Burke
- Commented in opposition of the project.
Karen Vincent
- Commented on the changes requested by the neighbors.
Andrew Spyker
- Commented on the changes requested by the neighbors.
Georgina Van Horn
- Commented on the safety concerns of turning left onto Winchester from the driveway.
Shauna Garzee
- Commented on the changes requested by the neighbors.
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SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017
OCTOBER 18, 2017
Public Hearing Item #8 – continued
Demian Raspall Galli
- Commented on the safety concerns of turning left onto Winchester from the driveway.
Bryan Carr
- Commented on the number of proposed parking places and safety concerns turning left
onto Winchester from the driveway.
Catherine Somers, Executive Director of Los Gatos Chamber of Commerce
- Commented on the lack of Class A office space.
John Eichinger
- Suggested Council consider putting a moratorium on two story buildings.
Jennifer Beck
- Commented on preserving the quaintness of the community with preservation of the trees,
the aesthetics of the proposed project, and the traffic impacts.
Angelia Doerner
- Commented on the methodologies used for the traffic analysis.
John McLaren
- Commented in opposition of the project.
Bryan Mekechuk
- Commented on the size of the project and suggested that it be sent back to Planning
Commission and reduced.
Doug Rich, applicant
- Addressed comments.
Closed Public Comment.
Recess at 9:50 p.m.
Reconvened 10:02 p.m.
Council discussed the matter.
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SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017
OCTOBER 18, 2017
Public Hearing Item #8 – continued
MOTION: Motion by Council Member Marcia Jensen to grant the appeal based on an
error of the Planning Commission in not making any findings as required for
the denial, adopt the resolution in Attachment 14, include the Mitigation
Measures contained in Attachment 13, include the Conditions of Approval
contained in Attachment 17 with the addition of the installation of the view
glass that was mentioned with the Alberto Way project on the south side
towards the residences, the requirement of clearstory windows on the south
side portion, an addition of metal or other material on top of the masonry wall
as approved by staff, and in consultation with the Town , the
appropriate landscaping and replacement trees. AMENDMENT: add a
condition that the building height must meet the maximum height of 35 feet to
be evaluated through the building permit application process and pad
certification. Seconded by Vice Mayor Rob Rennie.
VOTE: Motion failed 1/4. Mayor Marico Sayoc, Vice Mayor Rob Rennie, Council
Members Steve Leonardis and Barbara Spector voting no.
MOTION: Motion by Council Member Steve Leonardis to remand the project back to the
Planning Commission, reduce or lower the north side of the building, and
refund the appeal fees. Motion failed for lack of a second.
MOTION: Motion by Council Member Barbara Spector to grant the appeal on the basis
that the Planning Commission erred in not making a decision, refund the
appeal fees, modify the plans to reduce the second floor of the north side so
that it does not block the view of the hillside from someone walking or driving
north to south on Winchester, eliminate the Winchester driveway, and confirm
at staff level that the height levels have been complied with. AMENDMENT:
include the dark at night glass, and to have staff examine additional trees at
the north. AMENDMENT: Increase the height of the wall to 6 feet and defer to
staff on the metal aspect. Seconded by Council Member Steve Leonardis.
VOTE: Motion failed 2/3. Mayor Marico Sayoc, Vice Mayor Rob Rennie, and Council
Member Marcia Jensen voting no.
PAGE 8 OF 10
SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017
OCTOBER 18, 2017
Public Hearing Item #8 – continued
MOTION: Motion by Council Member Marcia Jensen to grant the appeal on the basis
that the Planning Commission erred in not making a decision, refund the
appeal fees, modify the plans to reduce the second floor of the north side so
that it does not block the view of the hillside from someone walking or driving
north to south on Winchester, confirm at staff level that the height levels have
been complied with, include the dark at night glass, have staff examine
additional trees at the north, and increase the height of the wall to 6 feet and
defer to staff on the metal aspect. Seconded by Vice Mayor Rob Rennie.
VOTE: Motion passed 4/1. Council Member Barbara Spector voting no.
MOTION: Motion by Council Member Marcia Jensen to preserve the view, the square
footage on the second floor on the north side should be reduced to the extent
required, and not more than the extent required, to preserve the existing view
as it is today, taking into account houses, trees, etc. Seconded by Vice Mayor
Rob Rennie.
VOTE: Motion was withdrawn.
Clarification of the prevailing motion: 1) staff to work with the applicant to try and get to the
intent of the statement, and work with the consulting architect to look at what can be done,
whether it's roof line or whether it's square footage, to try and preserve as much of the view of
that existing hillside from that corner; and 2) the motion incorporates the resolution contained
in Attachment 14, the Mitigation Measures contained in Attachment 13, and the Conditions of
Approval contained in Attachment 17 with the modifications made by Council.
9. 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. (Continued from September 5, 2017) RESOLUTION 2017-058
Erin Walters, Associate Planner, presented the staff report.
Opened Public Comment.
Brad McCurdy, Terry Martin Architects
- Commented that the design community is in agreement with the Planning Commission’s
recommendation to make it part of the Code.
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SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017
OCTOBER 18, 2017
Public Hearing Item #9 – continued
Beth Wiersema, Studio 3 Design
- Commented in support of the Planning Commission’s recommendation.
Tony Jeans
- Commented in support of the Planning Commission recommendation.
Gary Kohlsaat
- Commented in support of the Planning Commission recommendation.
Noel Cross
- Commented on the rules that affect bulk and mass.
Anthony Badame
- Commented on the goals of the cellar policy.
Louie Lou
- Commented in favor of the Planning Commission’s recommendation.
Lee Quintana
- Commented on the proposed changes.
Debora Wagner
- Commented against allowing basements and cellars in flatland areas.
Angelia Doerner
- Commented on the process and inconsistencies of implementing policies and procedures.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Mayor Marico Sayoc to extend the meeting until 12:15 a.m.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
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SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF OCTOBER 17, 2017
OCTOBER 18, 2017
Public Hearing Item #9 – continued
MOTION: Motion by Council Member Steve Leonardis to approve the Planning
Commission’s recommendation to adopt a resolution (Attachment 8) to
rescind Cellar Policy Resolution 2002-167 (Resolution of the Town Council of
the Town of Los Gatos Adopting Cellar Policies) and to introduce the proposed
Ordinance by title only to amend Chapter 29 (Zoning Regulations) of the Town
Code regarding cellars (Attachment 9). Seconded by Mayor Marico Sayoc.
VOTE: Motion passed 4/1. Vice Mayor Rob Rennie voting no.
The Clerk Administrator read the title of the ordinance.
MOTION: Motion by Council Member Barbara Spector to return the issue to the Policy
Committee to give consideration to the issues that have been raised, including
items such as hillside versus flat land, total square footage, bulk and mass,
and the information contained in Dr. Badame’ s presentation. Seconded by
Vice Mayor Rob Rennie.
VOTE: Motion passed unanimously.
OTHER BUSINESS
None.
ADJOURNMENT
The meeting adjourned at 12:07 a.m.
Attest:
_____________________________________
Shelley Neis, Clerk Administrator