Council Meeting
Regular MeetingLos Gatos, CA · December 15, 2020
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
Get email alerts for Los Gatos
A daily email when new agendas and minutes are posted.