Council Meeting
Regular MeetingLos Gatos, CA · November 5, 2019
Minutes
TOWN OF LOS GATOS MEETING DATE: 11/19/2019
COUNCIL AGENDA REPORT ITEM NO: 2
Minutes of the Town Council Meeting
November 5, 2019
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday,
November 5, 2019, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Steven Leonardis, Vice Mayor Marcia Jensen, Council Member Rob Rennie,
Council Member Marico Sayoc, Council Member Barbara Spector.
Absent: None
PLEDGE OF ALLEGIANCE
The Van Meter Elementary School Student Council led the Pledge of Allegiance. The audience
was invited to participate.
PRESENTATIONS
Mayor Leonardis presented a commendation to the CERT (Community Emergency Response
Team) volunteers.
BOARD/COMMISSION/COMMITTEE APPOINTMENTS
The Clerk announced the voting process, distributed, and collected the ballots. The meeting
continued while the Clerk tallied the votes.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Closed Session Meeting Minutes of October 15, 2019.
2. Approve Council Meeting Minutes of October 15, 2019.
3. Adopt an Ordinance to Amend Chapter 4 (Animals and Fowl) Article VI Sections 4.60.050
and 4.60.055 And Article VIII - Beekeeping of the Town Code. ORDINANCE 2294
4. Adopt Amendments to Chapter 11 (Garbage, Refuse and Weeds) of the Town Code
regarding Weed Abatement regulations. ORDINANCE 2293
5. Adopt a Resolution Extending the Temporary Streamlining Resolutions until Code
Amendments may be Adopted. 2019-051
6. Authorize the Town Manager to Enter into an Agreement to Participate in the CalPERS
California Employers’ Pension Prefunding Trust (CEPPT) Program and Delegate Authority to
the Town Manager to Request Disbursements.
7. Adopt a Resolution Authorizing the Town Manager to Apply for a Proposition 68 Per Capita
Program Grant for Park Improvements. 2019-052
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
PAGE 2 OF 9
SUBJECT: Minutes of the Town Council Meeting of November 5, 2019
DATE: November 6, 2019
Consent Items – continued
8. Adopt a Resolution to Authorize the Application for and Receipt of Planning Grants Program
Funds. 2019-053
9. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion for the Work of Interstate Grading and Paving and Authorize Recording by the
Town Clerk for PPW Job No. 18-811-9901 Annual Street Repair and Resurfacing Project
(Arterial/Collector Overlay).
10. Shannon Road Complete Streets Project (CIP Project #813-0218):
a. Adopt a Resolution of Local Support Authorizing the Filing of an Application for One Bay
Area Grant funding Assigned to the Metropolitan Transportation Commission,
committing any Necessary Matching Funds, and Providing Assurance on Completion of
the Shannon Road Complete Streets Project. 2019-054
b. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $119,204
from Available Utility Undergrounding Fund Balance.
c. Authorize the Town Manager to Conduct a Request for Proposals and Negotiate and
Execute a Consultant Agreement for the Shannon Road Complete Streets Project Design
in an Amount not to Exceed $200,000.
MOTION: Motion by Vice Mayor Jensen to approve the Consent Items. Seconded by Council
Member Rennie.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Bruce Preville spoke about the environment and urged the Council to adopt Reach Codes.
Lisa Wade spoke about the environment and urged Council to commit to promoting a plant-
base diet plan.
Tina Plautz spoke about the R Community software program.
John Shepardson provided comment on various topics.
Karla Albright urged the Council to adopt reach codes.
Mary Mackey of Green Monday urged the Council to adopt a Sustainability Action Plan that
promotes a plant-based diet program.
Dashiell Leeds urged the Council to adopt reach codes.
PAGE 3 OF 9
SUBJECT: Minutes of the Town Council Meeting of November 5, 2019
DATE: November 6, 2019
BOARD/COMMISSION/COMMITTEE APPOINTMENTS
The Town Council appointed applicants for the vacant positions on Town Boards, Commissions,
and Committees.
Arts and Culture Commission
o Maureen Cappon-Javey was re-appointed.
Building Board of Appeals
o No applications were received.
Community and Senior Services Commission
o Jeffrey Blum was appointed.
Complete Streets and Transportation Commission
o Doug Brent was not appointed.
o Robert Buxton was appointed
o Bill Ehlers was appointed.
o Peter Hertan was appointed.
o Maria Ristow was appointed.
o Cheryl Ryan did not interview and was not appointed.
o Jeff Thompson was appointed.
o Gillian Verga was appointed.
Council Finance Committee
o Terry Duryea was re-appointed.
o Rick Tinsley was re-appointed.
General Plan Committee
o Jeffrey Barnett was not appointed.
o Jeffrey Blum was not appointed.
Historic Preservation Committee
o Steven Raspe was appointed.
Library Board
o Trish Goldfarb was re-appointed.
o John Housley was re-appointed.
o Gail Long was not appointed.
o Cheryl Ryan did not interview and was not appointed.
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SUBJECT: Minutes of the Town Council Meeting of November 5, 2019
DATE: November 6, 2019
Board/Commission/Committee Appointments – continued
Parks Commission
o Mike Buncic was re-appointed.
o Sandy Gordon was re-appointed.
o Alicia Shah did not interview and was not appointed.
o Rob Stephenson was appointed.
Personnel Board
o No applications were received.
Planning Commission
o Jeffrey Barnett was appointed.
o Matthew Hudes was re-appointed.
o Phoebe Peasley was not appointed.
Sales Tax Oversight Committee
o No applications were received.
Council Matters
- Council Member Sayoc stated she attended the League of California Cities conference.
- Council Member Spector stated she attended the Council Policy Committee meeting.
- Mayor Leonardis stated he attended the following meetings and events: San Jose Water,
West Valley Mayors and Managers meeting, Democracy Tent, ground breaking for The Club
of Los Gatos, Los Gatos Union School District, and Elite Gym ribbon-cutting.
- Vice Mayor Jensen stated she attended the following meetings: the Council Policy
Committee, Los Gatos Union School District, and Santa Clara Valley Water District.
- Council Member Rennie stated he attended the California Local Agency Formation
Commission (LAFCO) Conference and the Housing and Committee Development Committee
meeting.
Manager Matters
- There was no report.
PUBLIC HEARINGS
11. Town Code Application Amendment A-19-009. Project Location: Town Wide. Consider an
ordinance repealing and replacing Chapter 6, Building Regulations, and Chapter 9, Fire
Prevention and Protection, of the Town of Los Gatos Municipal Code with the New 2019
California Building and Fire Codes, as amended.
Robert Gray, Building Official, presented the staff report.
PAGE 5 OF 9
SUBJECT: Minutes of the Town Council Meeting of November 5, 2019
DATE: November 6, 2019
Public Hearing Item #11 – continued
Opened Public Comment.
Rob Stump provided comments regarding the proposed Ordinance amendments.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by to Vice Mayor Jensen to introduce an ordinance repealing and replacing
Chapter 6, Building Regulations, and Chapter 9, Fire Prevention and Protection, of
the Town of Los Gatos Municipal Code with the New 2019 California Building and
Fire Codes as amended. Seconded by Mayor Leonardis.
VOTE: Motion failed 2/3. Council Members Rennie, Spector, and Sayoc voting no.
MOTION: Motion by to Council Member Rennie to continue this item to the December 3
Council Meeting and direct staff to include: (1) reach code language that is similar to
the language approved by the City of San Jose that bans gas in new buildings,
accessory dwelling units, and new residential low-rise building, except for gas
cooking; and (2) language regarding 100-foot defensible space across property lines.
Seconded by Council Member Sayoc.
VOTE: Motion passed 3/2. Mayor Leonardis and Vice Mayor Jensen voting no.
12. General Plan Amendment Application GP-19-001. Project Location: Town Wide. Applicant:
Town of Los Gatos.
Approve proposed General Plan Amendments by Resolution to Language Specific to
Highway 17 in Goal TRA-4 and Supporting Policies. RESOLUTION 2019-055
Matt Morley, Parks and Public Works Director, presented the staff report.
Opened Public Comment.
Jim Lord provided comments on the proposed amendments.
Closed Public Comment.
Council discussed the matter.
PAGE 6 OF 9
SUBJECT: Minutes of the Town Council Meeting of November 5, 2019
DATE: November 6, 2019
Public Hearing Item #12 – continued
MOTION: Motion by Council Member Rennie to approve the proposed General Plan
Amendments by Resolution to language specific to Highway 17 in Goal TRA-4 and
supporting policies. Seconded by Council Member Sayoc.
VOTE: Motion passed 3/2. Vice Mayor Jenson and Council Member Spector voting no.
13. Project Location: Town Wide. Applicant: Town of Los Gatos.
Consider Modifications to Chapter III (Site Planning), Chapter IV (Development Intensity),
Chapter V (Architectural Design), Chapter VI (Site Elements), Chapter VIII (Subdivision and
Planned Development Projects), Chapter IX (Project Review and Approval Process), and
Chapter X (Glossary) of the Hillside Development Standards and Guidelines.
Jennifer Shoopman, Associate Planner, presented the staff report.
Opened Public Comment.
Noel Cross spoke in support of the amendments and urged Council to adopt reach codes.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by to Vice Mayor Jensen to adopt the recommendations of the Policy
Committee. Seconded by Mayor Leonardis.
VOTE: Motion passed 4/1. Council Member Spector voting no.
MOTION: Motion by to Council Member Sayoc to bring the issue regarding Below Grade
construction to the Policy Committee. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
14. Town Code Amendment Application A-19-007. Project Location: Town Wide. Applicant:
Town of Los Gatos.
Consider Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding
Demolition Regulations.
Jennifer Armer, Senior Planner, presented the staff report.
PAGE 7 OF 9
SUBJECT: Minutes of the Town Council Meeting of November 5, 2019
DATE: November 6, 2019
Public Hearing Item #14 – continued
Opened Public Comment.
No Public Comment.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by to Council Member Spector to introduce an ordinance by title only
effecting amendments to Chapter 29 (Zoning Regulations) of the Town Code
regarding demolition regulations. Seconded by Mayor Leonardis.
VOTE: Motion passed unanimously.
The Town Clerk read the title of the ordinance.
15. Introduce an Ordinance by Title Only, Effecting Amendments to Chapter 23 (Streets and
Sidewalks) of the Town Code Regarding Right of Way Dedication, Installation of Curbs,
Gutters and Sidewalks and Undergrounding of Utilities.
Lisa Petersen, Parks and Public Works Assistant Director/Town Engineer, presented the staff
report.
Opened Public Comment.
No Public Comment.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by to Mayor Leonardis to introduce an ordinance, by title only, effecting
amendments to Chapter 23 (Streets and Sidewalks) of the Town Code regarding
right of way dedication, installation of curbs, gutters and sidewalks and underground
of utilities. Seconded by Council Member Sayoc.
VOTE: Motion passed unanimously.
The Town Clerk read the title of the ordinance.
PAGE 8 OF 9
SUBJECT: Minutes of the Town Council Meeting of November 5, 2019
DATE: November 6, 2019
16. First Reading and Introduction of An Ordinance of the Town of Los Gatos Amending Chapter
18, Article VI, Section 18.60.020 of the Los Gatos Town Entitled Permits for Retailers of
Tobacco Products to Prohibit the Sale of Electronic Cigarettes.
Robert Schultz, Town Attorney, presented the staff report.
Opened Public Comment.
Sara Sink spoke in support of the amended ordinance.
Nicole Coxe with the Santa Clara County Public Health Department stated that the Santa Clara
County Board of Supervisors’ unanimously approved a County Ordinance that included the
same changes brought forward by the Town.
David Weissman spoke in support of the amended ordinance.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by to Mayor Leonardis to introduce the Ordinance. Seconded by Council
Member Sayoc.
VOTE: Motion passed unanimously.
The Town Clerk read the title of the ordinance.
OTHER BUSINESS
17. Acting as the Property Owner Representative for the Town’s Parcels Included in the
Proposed Property Business Improvement District (PBID), Discuss the Draft Service Plan for
a PBID in Downtown Los Gatos, Provide Input on the Structure and Parameters of the Draft
Plan, and Direct Staff on the Next Steps for Working with the PBID Steering Committee on
Behalf of the Town.
Monica Renn, Economic Vitality Manager, presented the staff report.
Opened Public Comment.
Bobby Caya spoke in support of the proposed PBID.
Andrea Romano spoke in support of the proposed PBID.
PAGE 9 OF 9
SUBJECT: Minutes of the Town Council Meeting of November 5, 2019
DATE: November 6, 2019
Other Business Item #17 – continued
Ginger Rowe spoke in support of the proposed PBID.
Catherine Somers spoke in support of the PBID.
Sue Farwell spoke in support of the PBID.
John Shepardson spoke in support of the PBID.
Sue Farwell spoke in support of the PBID.
Jim Foley spoke in support of the PBID.
Closed Public Comment.
Council discussed the matter.
ADJOURNMENT
The meeting adjourned at 10:41 p.m.
Attest:
_____________________________________
/s/ Shelley Neis, Town Clerk
Agenda
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
NOVEMBER 05, 2019
110 EAST MAIN STREET
LOS GATOS, CA
Steve Leonardis, Mayor
Marcia Jensen, Vice Mayor
Rob Rennie, Council Member
Marico Sayoc, Council Member PARTICIPATION IN THE PUBLIC PROCESS
Barbara Spector, Council Member
How to participate: The Town of Los Gatos strongly encourages your active participation in the
public process, which is the cornerstone of democracy. If you wish to speak to an item on the
agenda, please complete a “speaker’s card” located on the back of the chamber benches and
return it to the Clerk Administrator. If you wish to speak to an item NOT on the agenda, you may
do so during the “Verbal Communications” period. The time allocated to speakers may change
to better facilitate the Town Council meeting.
Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of
the community in an effective and efficient manner. For the benefit of the community, the Town
of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council
meetings and treat everyone with respect and dignity. This is done by following meeting
guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated,
including but not limited to: addressing the Town Council without first being recognized;
interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time
has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing
the same subject.
Deadlines for Public Comment and Presentations are as follows:
Persons wishing to make an audio/visual presentation on any agenda item must submit the
presentation electronically, either in person or via email, to the Clerk’s Office no later than
3:00 p.m. on the day of the Council meeting.
Persons wishing to submit written comments to be included in the materials provided to
Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council
meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting
o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.
Rebroadcast of Town Council Meetings on the 2nd and 4th Mondays at 7:00 p.m.
Live & Archived Council Meetings can be viewed by going to:
www.losgatosca.gov/Councilvideos
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,
PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN
TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]
Page 1
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
NOVEMBER 05, 2019
7:00 PM
MEETING CALLED TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
i. Community Pledge Leader - Van Meter Elementary School Student Council
PRESENTATIONS
ii. Recognition of CERT Volunteers
APPOINTMENTS
iii. Conduct Appointments for Adult Commissioner Vacancies on Boards, Commissions, and
Committees
CONSENT ITEMS (Items appearing on the Consent Items are considered routine and may be
approved by one motion. Any member of the Council or public may request to have an item
removed from the Consent Items for comment and action. If an item is pulled, the Mayor has the
sole discretion to determine when the item will be hear. Unless there are separate discussions
and/or actions requested by Council, staff, or a member of the public, it is requested that items
under the Consent Items be acted on simultaneously.)
1. Approve Closed Session Meeting Minutes of October 15, 2019.
2. Approve Council Meeting Minutes of October 15, 2019.
3. Adopt an Ordinance to Amend Chapter 4 (Animals and Fowl) Article VI Sections 4.60.050
and 4.60.055 And Article VIII - Beekeeping of the Town Code.
4. Adopt Amendments to Chapter 11 (Garbage, Refuse and Weeds) of the Town Code
regarding Weed Abatement regulations.
5. Adopt a Resolution Extending the Temporary Streamlining Resolutions until Code
Amendments may be Adopted.
6. Authorize the Town Manager to Enter into an Agreement to Participate in the CalPERS
California Employers’ Pension Prefunding Trust (CEPPT) Program and Delegate Authority
to the Town Manager to Request Disbursements.
7. Adopt a Resolution Authorizing the Town Manager to Apply for a Proposition 68 Per
Capita Program Grant for Park Improvements.
8. Adopt a Resolution to Authorize the Application for and Receipt of Planning Grants
Program Funds.
9. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion for the Work of Interstate Grading and Paving and Authorize Recording by
the Town Clerk for PPW Job No. 18-811-9901 Annual Street Repair and Resurfacing
Project (Arterial/Collector Overlay).
Page 2
CONSENT ITEMS (continued)
10. Shannon Road Complete Streets Project (CIP Project #813-0218):
a. Adopt a Resolution of Local Support Authorizing the Filing of an Application for One
Bay Area Grant funding Assigned to the Metropolitan Transportation Commission,
committing any Necessary Matching Funds, and Providing Assurance on Completion
of the Shannon Road Complete Streets Project
b. Authorize Revenue and Expenditure Budget Adjustments in the Amount of
$119,204 from Available Utility Undergrounding Fund Balance
c. Authorize the Town Manager to Conduct a Request for Proposals and Negotiate and
Execute a Consultant Agreement for the Shannon Road Complete Streets Project
Design in an Amount not to Exceed $200,000.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council
on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless
additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes
and no more than three (3) minutes per speaker. In the event additional speakers were not able
to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal
Communications will be opened prior to adjournment.)
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total
of ten minutes maximum for opening statements. Members of the public may be allotted up to
three minutes to comment on any public hearing item. Applicants/Appellants and their
representatives may be allotted up to a total of five minutes maximum for closing
statements. Items requested/recommended for continuance are subject to Council’s consent at
the meeting.)
11. Town Code Application Amendment A-19-009. Project Location: Town Wide. Consider
an ordinance repealing and replacing Chapter 6, Building Regulations, and Chapter 9,
Fire Prevention and Protection, of the Town of Los Gatos Municipal Code with the New
2019 California Building and Fire Codes, as amended.
12. General Plan Amendment Application GP-19-001. Project Location: Town Wide.
Applicant: Town of Los Gatos.
Approve proposed General Plan Amendments by Resolution to Language Specific to
Highway 17 in Goal TRA-4 and Supporting Policies.
13. Project Location: Town Wide. Applicant: Town of Los Gatos.
Consider Modifications to Chapter III (Site Planning), Chapter IV (Development
Intensity), Chapter V (Architectural Design), Chapter VI (Site Elements), Chapter VIII
(Subdivision and Planned Development Projects), Chapter IX (Project Review and
Approval Process), and Chapter X (Glossary) of the Hillside Development Standards and
Guidelines.
14. Town Code Amendment Application A-19-007. Project Location: Town Wide.
Applicant: Town of Los Gatos.
Consider Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding
Demolition Regulations.
Page 3
PUBLIC HEARINGS (continued)
15. Introduce an Ordinance by Title Only, Effecting Amendments to Chapter 23 (Streets and
Sidewalks) of the Town Code Regarding Right of Way Dedication, Installation of Curbs,
Gutters and Sidewalks and Undergrounding of Utilities.
16. First Reading and Introduction of An Ordinance of the Town of Los Gatos Amending
Chapter 18, Article VI, Section 18.60.020 of the Los Gatos Town Entitled Permits for
Retailers of Tobacco Products to Prohibit the Sale of Electronic Cigarettes.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
17. Acting as the Property Owner Representative for the Town’s Parcels Included in the
Proposed Property Business Improvement District (PBID), Discuss the Draft Service Plan
for a PBID in Downtown Los Gatos, Provide Input on the Structure and Parameters of
the Draft Plan, and Direct Staff on the Next Steps for Working with the PBID Steering
Committee on Behalf of the Town.
COUNCIL / MANAGER MATTERS
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council
votes for an extension of time)
Writings related to an item on the Town Council meeting agenda distributed to members of the Council within
72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library,
located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website. Copies
of desk items distributed to members of the Council at the meeting are available for review in the Town Council
Chambers.
Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a decision of the Town Council must be brought within 90 days after the decision is announced
unless a shorter time is required by State or Federal law.
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