Council Meeting
Regular MeetingLos Gatos, CA · December 3, 2019
Minutes
TOWN OF LOS GATOS MEETING DATE: 12/17/2019
COUNCIL AGENDA REPORT ITEM NO: 1
Minutes of the Town Council Meeting
December 3, 2019
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday,
December 3, 2019, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Steve Leonardis,
Council Member Rob Rennie, Council Member Marico Sayoc.
Absent: None
PLEDGE OF ALLEGIANCE
Saaj Shah led the Pledge of Allegiance. The audience was invited to participate.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Rennie attended the Santa Clara County Emergency Operating Area
Council, Valley Transportation Authority (VTA) Board, VTA Congestion Management Sub-
Committee, and the VTA Capital Projects Sub-Committee meetings; and participated in the
Silicon Valley Bicycle Coalition (SVBC) bicycle infrastructure ride in Los Gatos and the Van
Meter Elementary School STEAM Lab with Council Member Sayoc.
- Council Member Sayoc stated that the Cities Association is monitoring a potential
November 2020 Faster Bay Area transportation ballot measure.
- Vice Mayor Spector attended the West Valley Clean Water Program (WVCWP) and West
Valley Solid Waste Board meetings, the LGBQT Forum, and the Policy Committee meeting.
Manager Matters
- Announced the Annual Tree Lighting is Friday, December 6 at 6 p.m. rain or shine.
- Announced the Children’s Parade is Saturday, December 7 at 11:00 a.m. rain or shine.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Closed Session Meeting Minutes of November 19, 2019.
2. Approve Council Meeting Minutes of November 19, 2019.
3. Authorize the Town Manager to Enter into a Five-Year Agreement with ECS Imaging, Inc. for
Software Maintenance and Support Not to Exceed $350,000.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
PAGE 2 OF 6
SUBJECT: Minutes of the Town Council Meeting of December 3, 2019
DATE: December 4, 2019
Consent Items – continued
4. Authorize the Town Manager to Execute an Agreement for Services with LWP Claims
Solutions to Provide Workers’ Compensation Third-Party Administration Services Effective
January 1, 2020 Through December 31, 2022 for a Total Amount Not to Exceed $171,357.
5. Adopt a Resolution for the California Public Employees’ Retirement System Health Plan to
Update the Region Name from Bay Area to Region 1. RESOLUTION 2019- 058
6. Approve an Amendment to the Classification Plan to Create a Flexibly Staffed Engineering
Technician Job Series.
7. Adopt a Resolution Approving the Council Policy Committee Recommendations for the
Modification of the Traffic Impact Policy. RESOLUTION 2019-059
8. Adopt a Resolution Declaring Weeds to be a Public Nuisance and Set Hearing Date of
January 21, 2020 to Consider Objections for Proposed Removal. RESOLUTION 2019-060
9. Authorize the Town Manager to Negotiate and Execute a Five-Year Agreement for Services
with Cartegraph, Inc. for Enterprise Asset Management System Services Effective January 1,
2020 Through December 31, 2024 in an Amount Not to Exceed $34,165 Annually, and a
Total Agreement Amount Not to Exceed $181,263, With Three Five-Year Options
Thereafter.
10. Receive Information on Transportation Grant Activity.
11. Receive the First Quarter Investment Report (July through September 2019) for Fiscal Year
2019/20.
12. Accept Fiscal Year (FY) 2018/19 Status Report on Receipt and Use of Development Impact
Fees.
13. Approve Revisions to the Town Agenda Format and Rules Policy. POLICY 2-01
MOTION: Motion by Council Member Sayoc to approve the Consent Items. Seconded by
Council Member Rennie.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
John Shepardson
- Recognized and thanked Los Gatos citizen Maddie Sanflippo who served in the Navy during
World War II.
Catherine Somers, Los Gatos Chamber of Commerce Executive Director
- Announced the Chamber has new co-presidents Dustin David and David McGregor-Sholes,
upcoming events for the holiday season, and the Hometown Heroes event in February.
Andrea Romano
- Commented on the plant-based menu options available at her restaurant Cin Cin and
encouraged the Council to consider a Green Monday proclamation.
PAGE 3 OF 6
SUBJECT: Minutes of the Town Council Meeting of December 3, 2019
DATE: December 4, 2019
OTHER BUSINESS
14. Approve an Amendment to the Employment Agreement Between the Town of Los Gatos
and the Town Manager and Authorize Salary and Benefits Budget Adjustments in the
Amount of $15,267 from Estimates Available FY 2019/20 Operating Revenues.
15. Approve an Amendment to the Employment Agreement Between the Town of Los Gatos and the
Town Attorney and Authorize Salary and Benefits Budget Adjustments in the Amount of $7,402 from
Estimates Available FY 2019/20 Operating Revenues.
Lisa Velasco, Human Resources Director, presented the staff report for Items #14 and #15.
Opened and closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Sayoc to approve the recommendations contained in
the staff reports for items #14 and #15. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
16. First Reading and Introduction of an Ordinance of the Town of Los Gatos Amending Chapter
29 (Zoning Regulations) of the Town Code Regarding the Land Use Appeal Process.
Town Code Amendment Application A-19-008. Project Location: Town Wide. Applicant:
Town of Los Gatos.
Sally Zarnowitz, Planning Manager, presented the staff report.
Opened Public Comment.
John Shepardson
- Suggested that another option would be to have a separate process that allows the elected
officials to allow new information when there is good cause justification and it has a
separate vote.
Closed Public Comment.
Council discussed the matter.
PAGE 4 OF 6
SUBJECT: Minutes of the Town Council Meeting of December 3, 2019
DATE: December 4, 2019
Public Hearing Item #16 – continued
MOTION: Motion by Council Member Leonardis to introduce the ordinance (Attachment 12)
by title only, amending Chapter 29 (Zoning Regulations) regarding the land use
appeal process with option two. Seconded by Vice Mayor Spector.
VOTE: Motion passed 3/2. Mayor Jensen and Council Member Rennie voting no.
The Town Clerk read the title of the ordinance.
OTHER BUSINESS
17. Provide Direction on the Elements of the Music in the Park Request for Proposals.
Arn Andrews, Assistant Town Manager, presented the staff report.
Opened Public Comment.
Catherine Somers, Los Gatos Chamber of Commerce Executive Director
- Commented that the Town should decide if they want to have multiple events, or one or
two signature summer events.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Mayor Jensen that the following be included in the RFP: 1) waive park
fees; 2) continue to provide in kind services as listed in the chart on page 4 in the
staff report; 3) not impose costs of Town staff who may volunteer with a private
organizer; and 4) the organizer would pay for one Police Officer and the Town would
pay for a second Officer if required. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
18. 2019 California Building, Fire, and Reach Codes
1. 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, including reach
codes. (Town Code Amendment Application A-19-009. Project Location: Town Wide).
2. Adopt a resolution making findings for modifying the 2019 California Building and Fire
Codes. 2019-061
PAGE 5 OF 6
SUBJECT: Minutes of the Town Council Meeting of December 3, 2019
DATE: December 4, 2019
Public Hearings Item #18 – continued
Robert Gray, Building Official, presented the staff report.
Opened Public Comment.
Robert Lipp
- Commented in opposition of the Town adopting Reach Codes at this time.
Dashiell Leeds, Sierra Club Loma Prieta Chapter
- Commented on the benefits of all electric homes and the issues with gas; requested that
cooking and fireplaces be included in the list of all electric appliances; and asked to remove
the exemption for residential gas cooking.
Rachel Londer
- Commented in support of adopting the Reach Codes.
Suzanne Emerson
- Commented in favor of adopting the Reach Codes.
John Shepardson
- Commented in favor of adopting the Reach Codes.
Brian Mekechuk
- Suggested requiring wiring for batteries, add receptacles outside for EV charging, allow gas
outside for firepits and pools, and exclude gas inside the house.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Sayoc to adopt the recommendations in the staff report
inclusive of Attachment 6, with the modifications to include a ban of all gas for
residential, require wiring for batteries, and install receptacles outside. Seconded by
Vice Mayor Spector.
VOTE: Motion passed unanimously.
The Town Clerk read the title of the ordinance.
Recessed at 9:14 p.m.
Reconvene at 9:22 p.m.
PAGE 6 OF 6
SUBJECT: Minutes of the Town Council Meeting of December 3, 2019
DATE: December 4, 2019
OTHER BUSINESS
19. Approve the “El Gato” Design by Artist Matt Babcock for the Pilot Los Gatos Gateway
Marker as Recommended by the Arts and Culture Commission.
Ryan Baker, Library Director, presented the staff report.
Opened Public Comment.
John Shepardson
- Commented in favor of a gateway marker and encouraged the Council to reach out to the
schools to encourage more public art by the youth.
Ellis Weeker, Arts and Culture Commission Chair
- Thanked the Council and staff for their support during the process.
Lee Fagot
- Commented on the style of the mountain lion and suggested it be made more engaging,
welcoming, and friendly.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Sayoc to approve the Arts and Culture Commission’s
recommendation for the El Gato design. Seconded by Council Member Rennie.
VOTE: Motion passed 4/1. Mayor Jensen voting no.
ADJOURNMENT
The meeting adjourned at 9:51 p.m.
Attest:
_____________________________________
/s/ Shelley Neis, Town Clerk
Agenda
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
DECEMBER 03, 2019
110 EAST MAIN STREET
LOS GATOS, CA
Marcia Jensen, Mayor
Barbara Spector, Vice Mayor
Steve Leonardis, Council Member
Rob Rennie, Council Member PARTICIPATION IN THE PUBLIC PROCESS
Marico Sayoc, 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]
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TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
DECEMBER 03, 2019
7:00 PM
MEETING CALLED TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
i. Community Pledge Leader - Saaj Shah
COUNCIL / MANAGER MATTERS
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 November 19, 2019.
2. Approve Council Meeting Minutes of November 19, 2019.
3. Authorize the Town Manager to Enter into a Five-Year Agreement with ECS Imaging, Inc.
for Software Maintenance and Support Not to Exceed $350,000.
4. Authorize the Town Manager to Execute an Agreement for Services with LWP Claims
Solutions to Provide Workers’ Compensation Third-Party Administration Services
Effective January 1, 2020 Through December 31, 2022 for a Total Amount Not to Exceed
$171,357.
5. Adopt a Resolution for the California Public Employees’ Retirement System Health Plan
to Update the Region Name from Bay Area to Region 1.
6. Approve an Amendment to the Classification Plan to Create a Flexibly Staffed
Engineering Technician Job Series.
7. Adopt a Resolution Approving the Council Policy Committee Recommendations for the
Modification of the Traffic Impact Policy.
8. Adopt a Resolution Declaring Weeds to be a Public Nuisance and Set Hearing Date of
January 21, 2020 to Consider Objections for Proposed Removal.
9. Authorize the Town Manager to Negotiate and Execute a Five-Year Agreement for
Services with Cartegraph, Inc. for Enterprise Asset Management System Services
Effective January 1, 2020 Through December 31, 2024 in an Amount Not to Exceed
$34,165 Annually, and a Total Agreement Amount Not to Exceed $181,263, With Three
Five-Year Options Thereafter.
10. Receive Information on Transportation Grant Activity.
11. Receive the First Quarter Investment Report (July through September 2019) for Fiscal
Year 2019/20.
12. Accept Fiscal Year (FY) 2018/19 Status Report on Receipt and Use of Development
Impact Fees.
Page 2
13. Approve Revisions to the Town Agenda Format and Rules Policy.
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.)
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
14. Approve an Amendment to the Employment Agreement Between the Town of Los Gatos
and the Town Manager and Authorize Salary and Benefits Budget Adjustments in the
Amount of $15,267 from Estimates Available FY 2019/20 Operating Revenues.
15. Approve an Amendment to the Employment Agreement Between the Town of Los Gatos
and the Town Attorney and Authorize Salary and Benefits Budget Adjustments in the
Amount of $7,402 from Estimates Available FY 2019/20 Operating Revenues.
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.)
16. First Reading and Introduction of an Ordinance of the Town of Los Gatos Amending
Chapter 29 (Zoning Regulations) of the Town Code Regarding the Land Use Appeal
Process.
Town Code Amendment Application A-19-008. Project Location: Town Wide. Applicant:
Town of Los Gatos.
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17. Provide Direction on the Elements of the Music in the Park Request for Proposals.
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18. 2019 California Building, Fire, and Reach Codes
1. 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, including reach
codes. (Town Code Amendment Application A-19-009. Project Location: Town
Wide.)
2. Adopt a resolution making findings for modifying the 2019 California Building and
Fire Codes.
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19. Approve the “El Gato” Design by Artist Matt Babcock for the Pilot Los Gatos Gateway
Marker as Recommended by the Arts and Culture Commission.
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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