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Council Meeting

Regular Meeting

Los Gatos, CA · November 15, 2022

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 11/01/2022 COUNCIL AGENDA REPORT Minutes of the Town Council November 15, 2022 The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, November 15, 2022 at 7:00 p.m. MEETING CALLED TO ORDER AT 7:01 P.M. ROLL CALL Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc. Absent: None PLEDGE OF ALLEGIANCE Mayor Rennie led the Pledge of Allegiance. The audience was invited to participate. COUNCIL / MANAGER MATTERS Council Matters - Council Member Badame stated she attended the Dittos Lane affordable housing Ribbon Cutting, the West Valley Clean Water Authority Board meeting, and the Conceptual Development Advisory Committee meeting. - Council Member Sayoc stated she attended the Cities Association Executive Board meeting, and announced this week is United Against Hate Week. - Council Member Hudes stated he attended the Dittos Lane affordable housing Ribbon Cutting, Senior Services Roadmap Sub-Committee Meetings, the First Fridays Senior Service Committee event at the Palms for community members 55 years and older, and the annual Community Emergency Response Team (CERT) Drill; met with members of the Plant-Based Advocates; and attended the Santa Clara County Emergency Operation Area Council Meeting. - Vice Mayor Ristow stated she attended the 5th Grade Bike Skills Training, the Dittos Lane affordable housing Ribbon Cutting, the Conceptual Development Advisory Committee meeting, the First Fridays Senior Service Committee event at the Palms, the Cities Association Workshop, the Veteran’s Day Ceremony, and the Thanksgiving Day Luncheon put on by the Lion’s Club for people 55 years and older; commented on United Against Hate Week; and announced Los Gatos Interfaith Thanksgiving Day Celebration on Thursday. - Mayor Rennie stated he participated in some of the 55+ programs; and attended the Bay Area Air Quality Management District Board meeting, the Dittos Lane Ribbon Cutting, the Valley Transportation Authority Board meeting, the ribbon cutting for Todd Anderson Dentistry, the CERT Drill, Silicon Valley Clean Energy Risk Oversight Committee and Board meetings, the ribbon cutting for Restore Los Gatos Ribbon, the Cities Association Board meeting, the Veteran’s Day Ceremony, the Thanksgiving Day Luncheon put on by the Lion’s 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 November 15, 2022 DATE: November 15, 2022 Council Matters – continued Club, the Bay Area Air Quality Management District Legislative Committee meeting, and the Fire Safe Council meeting. Manager Matters - Announced the Boards, Commissions, and Committees recruitments are still underway, applications are due on December 2, at 4:00 p.m., and more information can be found on the Clerk webpage. - Announced a Housing Element Advisory Board meeting will be held on Thursday, November 17 at 7:00 p.m. via teleconference. - Announced a special meeting of the Planning Commission will be held on Monday November 21st via teleconference. - Announced the free valet parking service will begin on Friday, November 25 in Downtown Los Gatos. - Announced the Holiday Tree Lighting will take place at 6:00 p.m. on December 2, 2022 at Town Plaza Park. CONSENT ITEMS 1. Approve the Draft Minutes of the November 1, 2022 Closed Session Town Council Meeting. 2. Approve the Draft Minutes of the November 1, 2022 Town Council Meeting. 3. Adopt a Resolution Reaffirming Resolution 2021-044 and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and, Due to Health and Safety Concerns for the Public, Authorizing the Use of Hybrid Meetings for the Town Council and the Continued Use of Virtual Meetings for Boards and Commissions While Town Staff Makes the Necessary Arrangements to Transition to Hybrid Meetings for All Town Boards, Commissions, and Committees. RESOLUTION 2022-070 4. Adopt an Ordinance to Amend Town Code Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” to Add the Juneteenth Holiday. ORDINANCE 2333 5. Adopt an Ordinance Effecting Amendments to Chapter 29 (Zoning Regulations) of the Town Code to Regulate Urban Lot Splits and Two-Unit Housing Developments in Compliance with Senate Bill 9. Town Code Amendment Application A-22-002. Location: Town-wide. Applicant: Town of Los Gatos. ORDINANCE 2334 6. Adopt an Ordinance Effecting Amendments 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 2022 California Building and Fire Codes, as Amended, Including Reach Codes. Town Code Amendment Application A-22-003. Project Location: Town Wide. Applicant: Town of Los Gatos. ORDINANCE 2335 PAGE 3 OF 6 SUBJECT: Minutes of the Town Council Meeting of November 15, 2022 DATE: November 15, 2022 Consent Items – continued 7. Los Gatos Creek Trail to Highway 9 Trailhead Connector (CIP No. 832-4505): a. Authorize the Town Manager to Execute the 2016 Measure B Funding Agreement with the Santa Clara Valley Transportation Authority to Accept Grant Funding in the Amount of $693,500 for the Project Construction; and b. Authorize the Town Manager to Negotiate and Execute a Transportation Fund for Clean Air Funding Agreement with the Santa Clara Valley Transportation Authority to Accept Grant Funding in the Amount of $755,921 for the Project Construction. 8. Receive the First Quarter Investment Report (July through September 2022) for Fiscal Year 2022/23. 9. Approve the Assignment of the North 40 Market Hall Transportation Demand Management Agreement from SummerHill N40 LLC to Yuki Farms, a California General Partnership. Opened public comment. Ivy Chang - Commented on item five and requested Council remove the 30% slope restriction and increase the first SB 9 unit to 1,400 square feet. Lee Quintana - Commented on item five and stated concerns with using the SB 9 ministerial process for urban lot splits and the discretionary process for developments on those lots. Harin - Commented on item five and requested Council consider a step back exemption and increase the first SB 9 unit to 1,500 square feet. Closed public comment. Council Member Hudes pulled item #5. MOTION: Motion by Vice Mayor Ristow to approve items 1-9, exclusive of item 5. Seconded by Council Member Sayoc. VOTE: Motion passes unanimously. VERBAL COMMUNICATIONS DOC - Suggested residents of Los Gatos create their own films and hold a film festival. PAGE 4 OF 6 SUBJECT: Minutes of the Town Council Meeting of November 15, 2022 DATE: November 15, 2022 Verbal Communications – continued Pat Kearns - Commented on issues with San Jose Water Company’s claim process related to the water leak discussed at the last Council meeting. Lee Fagot - Commented on concerns with the employee parking permit signage and stated Dittos Lane property should be Town subsidized affordable housing open to the community. OTHER BUSINESS 10. Adopt a Resolution Accepting Funds from the California Supplemental Law Enforcement Service Fund (SLESF). RESOLUTION 2022-071 Heather St. John, Senior Administrative Analyst, provided the staff report. Opened public comment. No one spoke. Closed public comment. Council discussed the item. MOTION: Motion by Council Member Badame to adopt a resolution accepting funds from the California Supplemental Law Enforcement Service Fund (SLESF). Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. PUBLIC HEARING 11. Consider Adoption of a Resolution Establishing Objective Standards for Qualifying Multi- Family and Residential Mixed-Use Developments. Location: Town-wide. Applicant: Town of Los Gatos. RESOLUTION 2022-072 Sean Mullin, Senior Planner, provided the staff report. Opened public comment. Louis Liss, Associate Director of Real Estate Development at Eden Housing - Commented on concerns of open space requirements, mass and scale requirements, and roof design standards as adding costs to the production of affordable housing. PAGE 5 OF 6 SUBJECT: Minutes of the Town Council Meeting of November 15, 2022 DATE: November 15, 2022 Public Hearing Item #11 – continued Closed public comment. Council discussed the item. MOTION: Motion by Council Member Sayoc to adopt a resolution establishing Objective Standards for qualifying multi-family and residential mixed-use developments with the following amendments: change the document title so the applicability is clear, modify the wording used in Standard A.10.1(b) the last sentence, changing “cannot” to “shall not”, remove the requirement for townhomes or rowhouses to have no more than six contiguous units in any single building, add a requirement for high quality bicycle parking with aesthetics that blend with the building and follow the Valley Transportation Authority (VTA) Bicycle Technical Guidelines chapter on bicycle parking, and approved the Planning Commission’s recommendation including changes regarding private recreation. Seconded by Vice Mayor Ristow. VOTE: Motion passed 3-2; Council Member Badame and Hudes voted no. Recess 9:52 p.m. Reconvene 10:04 p.m. OTHER BUSINESS 12. Receive an Update on Community Outreach Activities for the Highway 17 Bicycle and Pedestrian Overcrossing Project (CIP Number 818-0803) and Approve the Concrete Box Girder as the Preferred Bridge Type for Final Design. Michelle Quinney, Special Projects Manager, provided the staff report. Opened public comment. June Beeler - Commented on concerns of the need for a heavy-duty concrete overpass. Closed public comment. Council discussed the item. PAGE 6 OF 6 SUBJECT: Minutes of the Town Council Meeting of November 15, 2022 DATE: November 15, 2022 Other Business item #12 – continued MOTION: Motion by Vice Mayor Ristow to approve the concrete box girder as the preferred bridge type for final design for the Highway 17 bicycle and pedestrian Blossom Hill Road overcrossing. Seconded by Council Member Sayoc. VOTE: Motion passed 4-0-1; Council Member Hudes abstained. Pulled Consent Items 5. Adopt an Ordinance Effecting Amendments to Chapter 29 (Zoning Regulations) of the Town Code to Regulate Urban Lot Splits and Two-Unit Housing Developments in Compliance with Senate Bill 9. Town Code Amendment Application A-22-002. Location: Town-wide. Applicant: Town of Los Gatos. ORDINANCE 2334 Jennifer Armer, Planning Manager, presented the staff report. Opened public comment. Lee Quintana - Inquired about the intent of the ordinance in regard to the discretionary and ministerial processes. Closed public comment. Council discussed the item. MOTION: Motion by Council Member Hudes to adopt an ordinance effecting amendments to Chapter 29 (Zoning Regulations) of the Town Code to regulate Urban Lot Splits and Two-Unit Housing Developments in compliance with Senate Bill 9. Seconded by Vice Mayor Ristow. VOTE: Motion passed unanimously. Town Clerk Wood read the title of the Ordinance. ADJOURNMENT The meeting adjourned at 11:09 p.m. Respectfully submitted: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA NOVEMBER 15, 2022 110 EAST MAIN STREET AND TELECONFERENCE TOWN COUNCIL CHAMBERS LOS GATOS, CA 7:00 P.M. Rob Rennie, Mayor Maria Ristow, Vice Mayor PARTICIPATION IN THE PUBLIC PROCESS Mary Badame, Council Member Matthew Hudes, Council Member 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 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 Tuesdays 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 TOWN OF LOS GATOS COUNCIL MEETING AGENDA NOVEMBER 15, 2022 110 EAST MAIN STREET AND TELECONFERENCE TOWN COUNCIL CHAMBERS LOS GATOS, CA 7:00 PM IMPORTANT NOTICE This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E. Main Street and virtually through the Zoom webinar application (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube. PARTICIPATION To provide oral comments in real-time during the meeting:  Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatosca- gov.zoom.us/j/82811087775?pwd=UklxenJkN2pHelJTV2FxUDZmaGNBdz09 Passcode: 973936. You can also type in 828 1108 7775 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join. o 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.  Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100 o If you are participating by calling in, press #2 on your telephone keypad to raise your hand.  In-Person: If you wish to speak during the meeting, please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk. If you wish to speak to an item on the agenda, please list the item number. If you wish to speak on an item NOT on the agenda, please list the subject and you may speak during the “Verbal Communications” period. The time allocated to speakers may change to better facilitate the Town Council meeting. When called to speak, you may be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. 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 wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time. Page 2 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 received by 11:00 a.m. the day of the meeting will be reviewed and distributed before the meeting. All comments received will become part of the record. RULES OF DECORUM AND CIVILITY To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law. The Town does not tolerate disruptive conduct, which includes but is 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 microphone when directed to do so;  repetitiously addressing the same subject. Town Policy does not allow speakers to cede their commenting time to another speaker. Disruption of the meeting may result in a violation of Penal Code 403. MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE COUNCIL / MANAGER MATTERS CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on Page 2 of this agenda. If an item is removed, the Mayor has the sole discretion to determine when the item will be heard.) 1. Approve the Draft Minutes of the November 1, 2022 Closed Session Town Council Meeting. 2. Approve the Draft Minutes of the November 1, 2022 Town Council Meeting. 3. Adopt a Resolution Reaffirming Resolution 2021-044 and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and, Due to Health and Safety Concerns for the Public, Authorizing the Use of Hybrid Meetings for the Town Council and the Continued Use of Virtual Meetings for Boards and Commissions While Town Staff Makes the Necessary Arrangements to Transition to Hybrid Meetings for All Town Boards, Commissions, and Committees. 4. Adopt an Ordinance to Amend Town Code Section 1.10.075, “Official Town Holidays – Designated; Exceptions,” to Add the Juneteenth Holiday. Page 3 5. Adopt an Ordinance Effecting Amendments to Chapter 29 (Zoning Regulations) of the Town Code to Regulate Urban Lot Splits and Two-Unit Housing Developments in Compliance with Senate Bill 9. Town Code Amendment Application A-22-002. Location: Town-wide. Applicant: Town of Los Gatos. 6. Adopt an Ordinance Effecting Amendments 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 2022 California Building and Fire Codes, as Amended, Including Reach Codes. Town Code Amendment Application A-22-003. Project Location: Town Wide. Applicant: Town of Los Gatos. 7. Los Gatos Creek Trail to Highway 9 Trailhead Connector (CIP No. 832-4505): a. Authorize the Town Manager to Execute the 2016 Measure B Funding Agreement with the Santa Clara Valley Transportation Authority to Accept Grant Funding in the Amount of $693,500 for the Project Construction; and b. Authorize the Town Manager to Negotiate and Execute a Transportation Fund for Clean Air Funding Agreement with the Santa Clara Valley Transportation Authority to Accept Grant Funding in the Amount of $755,921 for the Project Construction. 8. Receive the First Quarter Investment Report (July through September 2022) for Fiscal Year 2022/23. 9. Approve the Assignment of the North 40 Market Hall Transportation Demand Management Agreement from SummerHill N40 LLC to Yuki Farms, a California General Partnership. 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.) 10. Adopt a Resolution Accepting Funds from the California Supplemental Law Enforcement Service Fund (SLESF). PUBLIC HEARINGS (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.) 11. Consider Adoption of a Resolution Establishing Objective Standards for Qualifying Multi- Family and Residential Mixed-Use Developments. Location: Town-wide. Applicant: Town of Los Gatos. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) Page 4 12. Receive an Update on Community Outreach Activities for the Highway 17 Bicycle and Pedestrian Overcrossing Project (CIP Number 818-0803) and Approve the Concrete Box Girder as the Preferred Bridge Type for Final Design. 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. Page 5

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