Council Meeting
Regular MeetingLos Gatos, CA · August 4, 2020
Minutes
TOWN OF LOS GATOS MEETING DATE: 8/18/2020
COUNCIL AGENDA REPORT ITEM NO: 2
Minutes of the Regular Town Council Meeting
August 4, 2020
The Town Council of the Town of Los Gatos conducted a Regular Meeting via Teleconference,
due to COVID-19 Shelter in Place guidelines, on Tuesday, August 4, 2020 at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:01 P.M.
ROLL CALL
Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Rob Rennie,
Council Member Marico Sayoc. (All remote participants)
Absent: None
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
Town Manager Matters
- Provided update on the Town’s services available during the shelter in place.
- Announced the Library is exploring a pilot program to provide computer and internet access
to the public during the shelter in place.
- Announced the Library has launched a “Represent Los Gatos Oral History Project” and
encouraged Black, Indigenous, and people of color (BIPOC) to share their stories by visiting
the Represent Los Gatos webpage.
- Announced community workshops are being organized to discuss racism and potential
police reforms.
Council Matters
- Vice Mayor Spector stated she participated in the Santa Clara County COVID-19 remote
public health calls, General Plan Advisory Committee meetings, Youth Commission
interviews with Mayor Jensen, and the Council Policy Committee meeting.
- Council Member Rennie stated he participated in the Silicon Valley Clean Energy Authority
(SVCEA) Risk Oversight Committee and the Emergency Operating Area Council (EOC)
meetings.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
PAGE 2 OF 8
SUBJECT: Minutes of the Town Council Meeting of August 4, 2020
DATE: August 10, 2020
Council Matters – Continued
- Council Member Sayoc stated she attended via teleconference the League of California
Cities webinars on upcoming propositions and encouraged the Council Members to join,
Cities Association teleconference meetings regarding COVID-19 testing and emergency
operations, and local Black Lives Matter (BLM) and Me Too events.
- Mayor Jensen stated she attended the General Plan Advisory Committee (GPAC) meetings,
Council Policy Committee meeting, Mayors Committee for Economic Recovery from COVID-
19 meetings, and BLM and BIPOC protests to monitor and/or speak; and is working to
implement community listening events.
CONSENT ITEMS
1. Approve Draft Minutes of the June 16, 2020 Closed Session Town Council Meeting.
2. Approve Draft Minutes of the June 16, 2020 Town Council Meeting.
3. Ratify the Town Council Selection Committee’s Recommended Youth Commissioner
Appointments.
4. Appoint Council Member Marico Sayoc as the Town’s Voting Delegate and Council Member
Rob Rennie as the Town’s Alternate for the League of California Cities Annual Conference
Scheduled for October 7-9, 2020.
5. Accept Report on Town Manager Approved Actions During the 2020 Town Council
Legislative Recess.
6. Authorize the Town Manager to Execute Long Term Lease Agreements with Tait Firehouse
LLC and Forbes Mill LLC for the Property Located at 4 Tait Avenue and 75 Church Ave, Los
Gatos.
7. Adopt a Resolution Establishing the FY 2020/21 GANN Appropriations Limit for the Town of
Los Gatos. RESOLUTION 2020-034
8. Adopt Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding Vehicle
Sales, Town Wide. Town Code Amendment Application A-20-003. Applicant: Town of Los
Gatos. ORDINANCE 2310
9. Authorize the Town Manager to Amend an Agreement for Employee Safety Compliance and
Training Consultant Services with BSI EHS Services and Solutions (West) Inc., in an Amount
not to Exceed $175,350.
10. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion for the Work of Chrisp Company and Authorize Recording by the Town Clerk for
PPW Job No. 18-813-0234 One-Way Downtown Street Pilot.
11. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion for the Work of Rosas Brothers Construction and Authorize Recording by the
Town Clerk for PPW Job No. 19-813-9921 Annual Curb, Gutter, and Sidewalk Maintenance
Project.
PAGE 3 OF 8
SUBJECT: Minutes of the Town Council Meeting of August 4, 2020
DATE: August 10, 2020
Consent items – continued
12. Authorize the Town Manager to Execute a Fourth Amendment to the Agreement for
Services with St. Francis Electric to Increase Compensation for Unforeseen Services in FY
2019/20 in an Amount of $12,818 and Extend Services for Four Months in FY 2020/21 in an
Amount Not to Exceed $50,000.
13. Authorize the Following Actions for the Massol Intersection Improvements Project (19-813-
0236):
a. Authorize the Town Manager to Award and Execute a Construction Agreement with
Tennyson Electric in an Amount of $328,792, and Authorize $65,758 as a Construction
Contingency for a Total Amount Not to Exceed $394,550;
b. Authorize Staff to Execute Future Contract Change Orders in an Amount Not to Exceed
Twenty Percent of the Agreement Amount;
c. Approve a Budget Transfer of $57,148 in FY 2020/21 from the School Bus Pilot Program.
MOTION: Motion by Council Member Sayoc to approve the consent items. Seconded by
Council Member Rennie.
VOTE: Motion passed unanimously with Council Member Sayoc recused from item #3.
VERBAL COMMUNICATIONS
Sasha Ryu
- Requested the Council consider a special meeting to discuss a high-level budget overview of
the Los Gatos Monte Sereno Police Department (LGMSPD) and give residents the
opportunity to address racism in the community. Thanked Mayor Jensen and Council
Member Sayoc for attending the most recent BLM gathering.
Julie Anne Smith
- Requested the Town review the improvements occurring at 200 Prospect Avenue.
Lee Fagot
- Requested the Town agendize and consider contracting professional mental health services
as first responders to certain calls of service.
Bill Kraus
- Did not address the Council and the Mayor requested that he send an email to her to obtain
his public comment.
Kristen Dryden
- Requested the Town review the improvements occurring at 200 Prospect Avenue.
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SUBJECT: Minutes of the Town Council Meeting of August 4, 2020
DATE: August 10, 2020
Verbal Communications – continued
Casey Kamali
- Requested the Council consider reviewing a high-level budget overview of the LGMSPD and
consider implementing a policy prohibiting the LGMSPD from hiring officers that have
demonstrated use of excessive force.
Mairin Culwell
- Requested the Council review the 16% increase to the Los Gatos Monte Sereno Police
Department (LGMSPD) budget during the overview.
Lani Harr
- Requested the Town review the permits for 200 Prospect Road.
Ali Miano
- Commended Council for allowing more affordable housing and asked to facilitate ways to
make the Town more inclusive.
Jeffrey Suzuki, Los Gatos Anti-Racism Coalition
- Requested review of the Police Department budget and asked for more affordable housing
in Town.
Emeric Bisbee
- Requested a review of the Police budget and practices, more affordable housing, and asked
the Town consider citing persons who do not wear masks in public where social distancing is
not feasible.
Barbara McInerney
- Requested the Town review the improvements occurring at 200 Prospect Road and
expressed concerns regarding increased traffic.
Donya Behroozi
- Requested review of the Los Gatos Monte Sereno Police Department budget, decrease
gentrification, increase affordable housing, welcome BIPOC businesses, and implement a
zero tolerance for threats.
Dollas
- Did not speak and left the meeting.
PAGE 5 OF 8
SUBJECT: Minutes of the Town Council Meeting of August 4, 2020
DATE: August 10, 2020
PUBLIC HEARINGS
14. Open and Close a Public Hearing to Consider Objections to the 2020 Weed Abatement
Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing
Collection of the Assessment Charges. RESOLUTION 2020-035
Stefanie Hockemeyer, Executive Assistant, presented the staff report.
Mayor Jensen opened public comment.
Arvin Khosravi
- Opposed the assessment charges.
Mayor Jensen closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to consider objections to the 2020 Weed
Abatement Program Assessment Report, adopt a resolution confirming the report,
and authorizing collection of the assessment charges. Seconded by Vice Mayor
Spector.
VOTE: Motion passed unanimously.
15. Introduction by Title Only of an Ordinance of the Town of Los Gatos Amending Chapter 18,
by Adding Article IX, Sections 18.90.010- 18.90.050 of the Los Gatos Town Code Entitled
Drones and Unmanned Aircraft Systems.
Lynne Lampros, Deputy Town Attorney, presented the staff report.
Mayor Jensen opened public comment.
No one spoke.
Mayor Jensen closed public comment.
Council discussed the item.
MOTION: Motion by Mayor Jensen to continue the item to a date certain of August 18, 2020,
with additional information on drone racing, sight distance, Police and emergency
incidents and drone usage, and consideration of reasonable person’s standard of
harassment and annoyance. Seconded by Council Member Rennie.
PAGE 6 OF 8
SUBJECT: Minutes of the Town Council Meeting of August 4, 2020
DATE: August 10, 2020
Public Hearing Item #15 – continued
VOTE: Motion passed unanimously.
OTHER BUSINESS
16. Adopt a Resolution Authorizing the Town Manager to Execute the North 40 In Lieu Traffic
Fee Credit Agreement, North 40 Transportation Demand Management Agreement
(Bellterra), and North 40 Transportation Demand Management Agreement (Market Hall) for
Phase 1 of the North 40 Development.
Mike Weisz, Senior Civil Engineer, presented the staff report.
Other Business item #16 – continued
Mayor Jensen opened public comment.
Matthew Hudes
- Commented on concerns regarding Transportation Demand Management (TDM) measures
that will be paid by fees and requested Council consider the way traffic impacts are
assessed.
Mayor Jensen closed the public hearing.
Council discussed the item.
MOTION: Motion by Vice Mayor Spector to continue the item to August 18, 2020 with
stronger language to protect the Town in the agreements and include the draft TDM
plan for Council review. Seconded by Mayor Jensen.
VOTE: Motion passed unanimously.
17. Approve the Santa Clara County Fire District Emergency Route Recommendation for Alpine
Avenue and Remove Parking on One Side of the Street.
Arn Andrews, Assistant Town Manager, presented the staff report.
Mayor Jensen opened public comment.
John Witty, spoke for 50 residents of Alpine Avenue
- Commented in opposition of the recommendation.
PAGE 7 OF 8
SUBJECT: Minutes of the Town Council Meeting of August 4, 2020
DATE: August 10, 2020
Other Business Item #17 – continued
Bret Knudsen
- Commented in opposition to the recommendation and requested the item be continued 30
days to allow the residents, Town, and Fire Department to discuss alternatives.
Jeff Gallinat
- Requested the item be delayed for 30 days to form a working group and expressed
concerns regarding the potential for speeding.
Rob Stump
- Commented in support of the recommendation, due to Alpine Avenue being the primary
wildfire evacuation route.
Peter Rehon
- Commented in opposition to the recommendation and the likely increase of speeding.
Ernie Boitano
- Commented in opposition and requested the item be continued to allow for additional time
to consider solutions.
Dirk Franklin
- Commented in opposition to the recommendation and speeding being an issue on Alpine
Avenue; requested Town consider a parking plan and enforce the parking; and requested
Council continue the item for thirty (30) days to consider solutions.
L Roberts
- Commented in opposition to the recommendation and concerns of inadequate community
outreach; and requested Council continue the item for thirty (30) days to consider solutions.
Anne Moelgaard
- Commented in opposition to the recommendation and requested continuance of the item.
Julie Gallinat
- Requested continuance of the item and a study of Alpine Avenue to ensure the best
solution.
Cheryl Ryan
- Commented in opposition to the recommendation.
PAGE 8 OF 8
SUBJECT: Minutes of the Town Council Meeting of August 4, 2020
DATE: August 10, 2020
Other Business Item #17 – continued
Ann Atkinson
- Commented in opposition to the recommendation due to concerns about parking
availability, speeding, and lack of parking enforcement; and requested current parking
restrictions be enforced.
Ted Geredes
- Commented regarding pedestrian safety if cars are only parked on one side.
Mayor Jensen closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to continue to date certain of September 1,
2020 and asked staff to work with the neighbors on options. Motion failed for lack
of a second.
MOTION: Motion by Council Member Sayoc to approve the Santa Clara County Fire
Department recommendation contained in the staff report and staff to remove
parking on one side of Alpine Avenue. Seconded by Mayor Jensen.
VOTE: Motion failed 2/2. Vice Mayor Spector and Council Member Rennie voting no.
MOTION: Motion by Council Member Sayoc to implement the recommendation of the Santa
Clara County Fire Department and asked staff to work in parallel with the Alpine
neighborhood on traffic mitigation issues. Seconded by Council Member Rennie.
VOTE: Motion passed 3/1. Vice Mayor Spector voting no.
ADJOURNMENT
The meeting adjourned at 10:00 p.m.
Submitted by:
_____________________________________
/s/ Jenna De Long, Deputy Clerk
Agenda
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
AUGUST 04, 2020
110 EAST MAIN STREET
LOS GATOS, CA
Marcia Jensen, Mayor
Barbara Spector, Vice Mayor
Rob Rennie, Council Member
Marico Sayoc, Council Member PARTICIPATION IN THE PUBLIC PROCESS
Vacant, 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 Town Council. 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:
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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 of 5
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
AUGUST 04, 2020
7:00 PM
IMPORTANT NOTICE REGARDING THE AUGUST 4, 2020 COUNCIL MEETING
This meeting is being conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29- 20 dated March 17, 2020, regarding the COVID- 19
pandemic. The live stream of the meeting may be viewed on television and/or online at
https://meetings.municode.com/PublishPage/index?cid=LOSGATOS&ppid=4bc370fb-3064-
458e-a11a-78e0c0e5d161&p=0. In accordance with Executive Order N-29- 20, the public may
only view the meeting on television and/or online and not in the Council Chamber.
PARTICIPATION
If you are not interested in providing oral comments real-time during the meeting, you can view
the live stream of the meeting on television (Comcast Channel 15) and/or online at
https://www.youtube.com/channel/UCFh35XRBWer1DPx-F7vvhcg.
If you are interested in providing oral comments real-time during the meeting, you must join
the Zoom webinar at https://zoom.us/j/98980959289. Password: 333285.
During the meeting:
When the Mayor announces the item for which you wish to speak, click the “raise hand”
feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your
telephone keypad to raise your hand. If you are participating by calling in, press #2 on
your telephone keypad to raise your hand.
When called to speak, please limit your comments to three (3) minutes, or such other
time as the Mayor may decide, consistent with the time limit for speakers at a Council
meeting.
If you are unable to participate in real-time, you may email to PublicComment@losgatosca.gov
with the subject line “Public Comment Item #__ ” (insert the item number relevant to your
comment) or “Verbal Communications – Non Agenda Item.” Comments will be reviewed and
distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All
comments received will become part of the record. The Mayor has the option to modify this
action on items based on comments received.
REMOTE LOCATION PARTICIPANT
The following Council Members are listed to permit them to appear electronically or
telephonically at the Town Council meeting: MAYOR MARCIA JENSEN, VICE MAYOR BARBARA
SPECTOR, COUNCIL MEMBER ROB RENNIE, COUNCIL MEMBER MARICO SAYOC. All votes during
the teleconferencing session will be conducted by roll call vote.
Page 2 of 5
MEETING CALLED TO ORDER
ROLL CALL
CLOSED SESSION REPORT
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. A member of the public may request
to pull an item from Consent by following the Participation instructions contained on page 2 of
this agenda. If an item is pulled, the Mayor has the sole discretion to determine when the item
will be heard. 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 Draft Minutes of the June 16, 2020 Closed Session Town Council Meeting.
2. Approve Draft Minutes of the June 16, 2020 Town Council Meeting.
3. Ratify the Town Council Selection Committee’s Recommended Youth Commissioner
Appointments.
4. Appoint Council Member Marico Sayoc as the Town’s Voting Delegate and Council
Member Rob Rennie as the Town’s Alternate for the League of California Cities Annual
Conference Scheduled for October 7-9, 2020.
5. Accept Report on Town Manager Approved Actions During the 2020 Town Council
Legislative Recess.
6. Authorize the Town Manager to Execute Long Term Lease Agreements with Tait
Firehouse LLC and Forbes Mill LLC for the Property Located at 4 Tait Avenue and 75
Church Ave, Los Gatos.
7. Adopt a Resolution Establishing the FY 2020/21 GANN Appropriations Limit for the Town
of Los Gatos.
8. Adopt Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding
Vehicle Sales, Town Wide. Town Code Amendment Application A-20-003. Applicant:
Town of Los Gatos.
9. Authorize the Town Manager to Amend an Agreement for Employee Safety Compliance
and Training Consultant Services with BSI EHS Services and Solutions (West) Inc., in an
Amount not to Exceed $175,350.
10. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion for the Work of Chrisp Company and Authorize Recording by the Town Clerk
for PPW Job No. 18-813-0234 One-Way Downtown Street Pilot.
11. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion for the Work of Rosas Brothers Construction and Authorize Recording by
the Town Clerk for PPW Job No. 19-813-9921 Annual Curb, Gutter, and Sidewalk
Maintenance Project.
12. Authorize the Town Manager to Execute a Fourth Amendment to the Agreement for
Services with St. Francis Electric to Increase Compensation for Unforeseen Services in FY
2019/20 in an Amount of $12,818 and Extend Services for Four Months in FY 2020/21 in
an Amount Not to Exceed $50,000.
Page 3 of 5
13. Authorize the Following Actions for the Massol Intersection Improvements Project (19-
813-0236):
a. Authorize the Town Manager to Award and Execute a Construction Agreement with
Tennyson Electric in an Amount of $328,792, and Authorize $65,758 as a
Construction Contingency for a Total Amount Not to Exceed $394,550;
b. Authorize Staff to Execute Future Contract Change Orders in an Amount Not to
Exceed Twenty Percent of the Agreement Amount;
c. Approve a Budget Transfer of $57,148 in FY 2020/21 from the School Bus Pilot
Program.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council
on any matter that is not listed on the agenda consistent with the Participation instructions
contained on page 2 of this 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, their representatives, and members of the public
wishing to address the Council on any Public Hearing item should register in advance to obtain
the Zoom link for this meeting by following the Participation instructions contained on page 2 of
this agenda. Applicants/Appellants and their representatives may be allotted up to a total of five
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 three minutes maximum for closing statements. Items
requested/recommended for continuance are subject to Council’s consent at the meeting.)
14. Open and Close a Public Hearing to Consider Objections to the 2020 Weed Abatement
Program Assessment Report and Adopt a Resolution Confirming the Report and
Authorizing Collection of the Assessment Charges.
15. Introduction by Title Only of an Ordinance of the Town of Los Gatos Amending Chapter
18, by Adding Article IX, Sections 18.90.010- 18.90.050 of the Los Gatos Town Code
Entitled Drones and Unmanned Aircraft Systems.
OTHER BUSINESS Up to three minutes may be allotted for each comment on any of the following
items consistent with the Participation Instructions contained on page 2 of this agenda.)
16. Adopt a Resolution Authorizing the Town Manager to Execute the North 40 In Lieu
Traffic Fee Credit Agreement, North 40 Transportation Demand Management
Agreement (Bellterra), and North 40 Transportation Demand Management Agreement
(Market Hall) for Phase 1 of the North 40 Development.
17. Approve the Santa Clara County Fire District Emergency Route Recommendation for
Alpine Avenue and Remove Parking on One Side of the Street.
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council
votes for an extension of time.)
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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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