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Council Meeting

Regular Meeting

Los Gatos, CA · December 15, 2020

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 01/19/2020 COUNCIL AGENDA REPORT ITEM NO: 1 Minutes of the Town Council Meeting December 15, 2020 The Town Council of the Town of Los Gatos conducted a regular meeting via Teleconference via COVID-19 Shelter in Place Guidelines on December 15, 2020, 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 Mary Badame, Council Member Matthew Hudes, Council Member Maria Ristow. (All participating remotely). Absent: None COUNCIL/TOWN MANAGER REPORTS Council Matters - Vice Mayor Rennie stated he attended the Valley Transportation Authority (VTA) Governance and Audit Committee and Board meetings, Silicon Valley Clean Energy Authority (SVCEA) virtual holiday event, Santa Clara County Cities Association virtual holiday event, SCVEA Risk Oversight Committee, Town Council Finance Committee, Los Gatos Meadows developer meeting, Conceptual Development Advisory Committee (CDAC), West Valley Sanitation District Board of Directors meeting, and SVCEA Board meeting. - Council Member Badame stated she attended the Santa Clara County Cities Association virtual holiday event and has met with community members. - Council Member Hudes stated he attended the Santa Clara County Cities Association virtual holiday event and met with constituents. - Council Member Ristow met with community members. - Mayor Sayoc stated she attended the Town Council Finance Committee, CDAC, and Mayor and County Elected Officials meeting regarding COVID-19 matters and that information is available to the public on the County dashboard and the Town website. Manager Matters - Announced Town Offices will be closed beginning December 24, 2020 and will re-open January 4, 2021. - Announced the permit portal will be closing end-of-day December 23, 2020 through January 3, 2021. - Announced adult Commissioner recruitments continue, and the application period ends at 4:00 p.m. on January 8, 2021. - Announced free COVID-19 testing will take place on December 30 at the Adult Recreation Center; appointments are strongly advised and will be available beginning December 23. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 5 SUBJECT: Minutes of the Town Council Meeting of December 15, 2020 DATE: December 15, 2020 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Minutes of the December 8, 2020 Special Town Council Meeting. 2. Reaffirm Town Council Code of Conduct Policy. POLICY 2-04 3. Adopt Council Committee Appointments Effective January 1, 2021. 4. Authorize the Issuance of the Request for Qualifications for On-Call Materials Testing and Special Inspection Services and Authorize the Town Manager to Negotiate and Execute a Consultant Services Agreement in an Amount Not-to-Exceed $180,000 for the Services. 5. Approve the Street List for the Fiscal Year 2020/21 Street Repair and Resurfacing Project (CIP Number 811-9901). 6. Authorize the Town Manager to Amend an Agreement for Employee Safety Compliance and Training Consultant Services with BSI EHS Services and Solutions (West) Inc. (Attachment 1) to: a. Extend the Term of the Agreement through June 2021, b. Increase the Contract Amount by $22,000 for a Total Amount not to Exceed $197,350, and c. Approve an Expenditure Budget Adjustment in the Amount of $59,750 from Available Workers’ Compensation Fund. 7. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $5,000 to Recognize Receipt and Expenditure of California State Library Grant Funds. MOTION: Motion by Council Member Hudes to approve Consent Items 1-7. Seconded by Council Member Badame. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS David Weissman - Requested the Town revise the fee schedule pertaining to illegal tree removal fees and increase protection of trees within hillside developments. PUBLIC HEARINGS 8. Deny an Appeal of a Planning Commission Decision Approving a Request for a Zoning Consistency Determination and a Conditional Use Permit (U-20-009) for a Bank (Charles Schwab Community Banking and Investment Services) on Property Zoned C-2:LHP:PD Located at 35 University Avenue. APN 529-02-044. Property Owner: SRI Old Town, LLC. Applicant: Amber DeMaglio. Project Planner: Sean Mullin. RESOLUTION 2020-050 Sean Mullin, Associate Planner, presented the staff report. Council Member Badame stated she spoke with Jim Foley and Catherine Somers. Vice Mayor Rennie stated he spoke with Jim Foley and Catherine Somers. PAGE 3 OF 5 SUBJECT: Minutes of the Town Council Meeting of December 15, 2020 DATE: December 15, 2020 Public Hearing Item #8 - continued Council Member Hudes stated he spoke with Jim Foley and Catherine Somers and received an email from Federal Realty but did not speak with them. Council Member Ristow stated she spoke with Federal Realty, business owners, and residents in the area. Mayor Sayoc stated she spoke with Jim Foley and Federal Realty. Opened public comment. Catherine Somers, Executive Director of the Chamber of Commerce, and Jim Foley, Chamber of Commerce Board Member, Appellants - Commented on the reasons for their appeal. Jeff Kreshek and Michael Digeronimo, Federal Realty and Richard Zak, Charles Schwab, Applicants - Commented on the application. Randi Chen, Chamber of Commerce - Commented in opposition of the recommendation due to location and requested the Town direct Charles Schwab to find another location that is not retail ground-floor space in downtown. Rod Teague - Commented in opposition of the recommendation due to location. Jim and Kerry - Commented in opposition of the recommendation due to location. Jay Farwell - Commented in opposition of the recommendation due to location. Mark Millen - Commented in opposition of the recommendation due to location. Public Hearing Item #8 - continued Michael Digeronimo and Jeff Kreshek, Federal Realty, Applicant - Addressed comments. PAGE 4 OF 5 SUBJECT: Minutes of the Town Council Meeting of December 15, 2020 DATE: December 15, 2020 Public Hearing Item #8 - continued Jim Foley and Catherine Somers, Chamber of Commerce, Appellant - Addressed comments. Closed public comment. Council discussed the item. MOTION: Motion by Vice Mayor Rennie to adopt a resolution (Attachment 7) granting an appeal of the decision of the Planning Commission and denying the request for a zoning consistency determination and a Conditional Use Permit (U-20-009) for a Bank (Charles Schwab Community Banking and Investment Services) on property zoned C-2:LHP:PD located at 35 University Avenue. Seconded by Council Member Badame. VOTE: Motion passed unanimously. OTHER BUSINESS 9. Comprehensive Annual Financial Report (CAFR): a. Receive the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended June 30, 2020, and b. Adopt a Resolution Confirming June 30, 2020 Fund Balances in Accordance with Fiscal Year 2019/20 Final Audit and Town Council General Fund Reserve Policy. RESOLUTION 2020-051 Steve Conway, Director of Finance, presented the staff report. Opened public comment. No one spoke. Closed public comment. Council discussed the item. PAGE 5 OF 5 SUBJECT: Minutes of the Town Council Meeting of December 15, 2020 DATE: December 15, 2020 Public Hearing Item #9 - continued MOTION: Motion by Vice Mayor Rennie to  Receive the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2020, in Attachment 1; and  Adopt a resolution confirming June 30, 2020 fund balances in accordance with fiscal year 2019/20 final audit and Town Council General Fund Reserve Policy. Seconded by Council Member Ristow. VOTE: Motion passed unanimously. 10. Receive a Fiscal Year (FY) 2020/21 Revenue and Expense Update. Arn Andrews, Assistant Town Manager, presented the staff report. Opened public comment. Kerri (no last name provided) - Inquired what the Town is doing to support local businesses, and requested the Town consider temporarily waiving business license fees. Catherine Somers, Chamber of Commerce - Requested the Town consider waiving business license fees for brick and mortar small businesses. Closed public comment. Council discussed the item. Council received the Fiscal Year (FY) 2020/21 revenue and expense update. ADJOURNMENT The meeting adjourned at 10:40 p.m. Submitted by: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA DECEMBER 15, 2020 110 EAST MAIN STREET LOS GATOS, CA Marico Sayoc, Mayor Rob Rennie, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member PARTICIPATION IN THE PUBLIC PROCESS Maria Ristow, 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 follow the participation instructions on page 2 of this agenda. If you wish to speak to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by following the participation instructions on page 2 of this agenda. 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/TownYouTube 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 4 TOWN OF LOS GATOS COUNCIL MEETING AGENDA DECEMBER 15, 2020 7:00 PM IMPORTANT NOTICE REGARDING THE DECEMBER 15, 2020 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 www.losgatosca.gov/AgendasAndVideos. 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 in real-time during the meeting, you can view the live stream of the meeting on television (Comcast Channel 15) and/or online at www.LosGatosCA.gov/TownYouTube. If you are interested in providing oral comments real-time during the meeting, you must join the Zoom webinar:  Join from a PC, Mac, iPad, iPhone or Android device: click this link https://us02web.zoom.us/j/94482500898?pwd=NFE4OXBadnBuUm5YSVovQmhjakNnQ T09. Password: 910801. You can also type in 94482500898 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.  Join by telephone: Dial: 877 336 1839. Conference code: 969184 During the meeting:  When the Chair 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 Chair 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 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. Page 2 of 4 TOWN OF LOS GATOS COUNCIL MEETING AGENDA DECEMBER 15, 2020 7:00 PM REMOTE LOCATION PARTICIPANTS The following Council Members are listed to permit them to appear electronically or telephonically at the Town Council meeting: MAYOR MARICO SAYOC, VICE MAYOR ROB RENNIE, COUNCIL MEMBER MARY BADAME, COUNCIL MEMBER MATTHEW HUDES, and COUNCIL MEMBER MARIA RISTOW. All votes during the teleconferencing session will be conducted by roll call vote. MEETING CALLED TO ORDER ROLL CALL 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. 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 Minutes of the December 8, 2020 Special Town Council Meeting. 2. Reaffirm Town Council Code of Conduct Policy. 3. Adopt Council Committee Appointments Effective January 1, 2021. 4. Authorize the Issuance of the Request for Qualifications for On-Call Materials Testing and Special Inspection Services and Authorize the Town Manager to Negotiate and Execute a Consultant Services Agreement in an Amount Not-to-Exceed $180,000 for the Services. 5. Approve the Street List for the Fiscal Year 2020/21 Street Repair and Resurfacing Project (CIP Number 811-9901). 6. Authorize the Town Manager to Amend an Agreement for Employee Safety Compliance and Training Consultant Services with BSI EHS Services and Solutions (West) Inc. (Attachment 1) to: a. Extend the Term of the Agreement through June 2021, b. Increase the Contract Amount by $22,000 for a Total Amount not to Exceed $197,350, and c. Approve an Expenditure Budget Adjustment in the Amount of $59,750 from Available Workers’ Compensation Fund. 7. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $5,000 to Recognize Receipt and Expenditure of California State Library Grant Funds. Page 3 of 4 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.) 8. Deny an Appeal of a Planning Commission Decision Approving a Request for a Zoning Consistency Determination and a Conditional Use Permit (U-20-009) for a Bank (Charles Schwab Community Banking and Investment Services) on Property Zoned C-2:LHP:PD Located at 35 University Avenue. APN 529-02-044. Property Owner: SRI Old Town, LLC. Applicant: Amber DeMaglio. Project Planner: Sean Mullin. 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.) 9. Comprehensive Annual Financial Report (CAFR): a. Receive the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended June 30, 2020, and b. Adopt a Resolution Confirming June 30, 2020 Fund Balances in Accordance Fiscal Year 2019/20 Final Audit and Town Council General Fund Reserve Policy 10. Receive a Fiscal Year (FY) 2020/21 Revenue and Expense Update. 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 on the official Town of Los Gatos website. 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. Page 4 of 4

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