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Staff Report 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 08/07/2018 ITEM NO: 1 DRAFT MINUTES OF THE TOWN COUNCIL MEETING JUNE 19, 2018 The Town Council of the Town of Los Gatos conducte d a Regular Meeting on Tuesday, June 19, 2018, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Rob Rennie, Vice Mayor Steve Leonardis, Council Member Marcia Jensen, Council Member Marico Sayoc, Council Member Barbara Spector. Absent: None PLEDGE OF ALLEGIANCE Charlie Zhou led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Rennie presented a Small Business, Big Applause commendation to Summit Bicycles. Pancho Pimentel thanked the Town for its support. Town Manager Laurel Prevetti and Mayor Rennie presented Tammy Church and Christopher Duane, Parking Control Officers, with an Employee Recognition plaque and edible fruit bouquets for their outstanding service to the Town. CLOSED SESSION REPORT Lynne Lampros, Deputy Town Attorney, stated Council met in Closed Session as duly noted on the agenda and there is no report. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Barbara Spector stated she attended the ribbon cutting for IES Indoor Environmental Services and met with community members. - Council Member Marico Sayoc stated she attended the Cities Association Executive meeting, the Cities Association Legislative Action Committee meeting, the Cities Association Board meeting, and the Silicon Valley Clean Energy Authority (SVCEA) meeting. - Mayor Rob Rennie stated he attended the SVCEA Finance Committee meeting and the Local Agency Formation Commission (LAFCO) meeting. - Vice Mayor Steve Leonardis stated he attended a Youth Commission meeting, the West Valley Sanitation District meeting, and the Treatment Plant Advisory Committee meeting. PAGE 2 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF JUNE 19, 2018 JUNE 20, 2018 Council Matters – continued - Council Member Marcia Jensen stated she had nothing to report. Manager Matters - Announced the Town is hosting Symphony in the Park at Oak Meadow Park on July 4th. - Announced Music in the Park begins July 8th at 5:00 p.m. on the Civic Center lawn. - Announced the deadline to apply for the General Plan Advisory Committee (GPAC), Community and Senior Services Commission (CSSC), and the Bicycle and Pedestrian Advisory Commission (BPAC) is Wednesday, August 1, 2018 by 5:00 p.m. and interviews are scheduled for Tuesday, August 7, 2018, tentatively to begin at 5:00 p.m. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve minutes of the Special Joint Meeting of the Town Council and Planning Commission Study Session of June 4, 2018. 2. Approve Council minutes of June 5, 2018. 3. Approve Closed Session meeting minutes of June 11, 2018. 4. Project Number 813-0231 Bicycle and Pedestrian Improvements Authorize the Town Manager to pursue a grant from the American Association of Retired Persons (AARP) Community Challenge 2018 Program for speed tables/raised crosswalks on East Main Street consistent with the Bicycle and Pedestrian Master Plan and execute all associated grant documents. 5. Authorize the Town Manager to execute a five-year agreement for services with Pacific Water Art, Inc. for fountain maintenance and repair services in an amount not to exceed $41,402 in fiscal year 2018/19 and $41,402 plus annual consumer price index adjustments annually thereafter. 6. Adopt an ordinance for a Sales Tax Measure to be placed on the November 6, 2018 ballot. ORDINANCE 2274 7. Approve the response to the Santa Clara County Civil Grand Jury Report on “Police and the Mentally Ill: Improving Outcomes” dated May 4, 2018. 8. Authorize the Town Manager to negotiate and execute a Letter of Intent (Attachment 1) and execute an Agreement for Consultant Services (Attachment 2) with Syserco Energy Solutions to perform an Investment Grade Audit (IGA) for Town facilities in an amount not to exceed $34,750. 9. Authorize the Town Manager to execute an amendment to the Agreement for Services with School Bus Consultants (SBC) to increase compensation for in the amount of $21,600, for a total contract amount not to exceed $71,200. 10. Authorize the Town Manager to execute an agreement for consultant services with Mintier Harnish Planning Consultants for preparation of the General Plan update and E nvironmental Impact Report. PAGE 3 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF JUNE 19, 2018 JUNE 20, 2018 Consent Items – continued 11. Authorize the Town Manager to execute a certificate of acceptance and notice of completion accepting the work of FBD Vanguard Construction and authorize recording by the Clerk Administrator for PPW Job No. 16-813-9921 annual Curb, Gutter, and Sidewalk Maintenance Project. 12. Receive the final report on the annual Hazardous Vegetation (Brush) Abatement program for 2018. 13. Authorize the Town Manager to purchase Microsoft Licensing from SoftwareONE in an amount not to exceed $60,277.47. 14. Zone Change Application Z-17-001. Project Location: 221 Almendra Avenue. Property Owner: Joey McCarthy. Applicant: Bess Wiersema. ORDINANCE 2275 Adopting an ordinance for a zone change from O:LHP (Office with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-family Residential Downtown with a Landmark and Historic Preservation Overlay). APN 510-14-044. Item #6 pulled by Council Member Sayoc. MOTION: Motion by Council Member Marcia Jensen to approve the Consent Items exclusive of Item #6. Seconded by Vice Mayor Steve Leonardis. VOTE: Motion passed unanimously for Items 1 through 5 and 7 through 13. Mayor Rob Rennie voting no on Item #14 VERBAL COMMUNICATIONS Rachel Hobbs, PACE Funding Group (CSCDA Open PACE) - Requested the Council formally consider adding PACE Funding Group to the approved list . Austin Trillo, NUMU - Announced the new exhibit about the history of Los Gatos High School "Sis Boom Bah" that will open September 8, 2018. John Shepardson - Suggested the Town hire a consultant to review the Town's income and expenditures. Pulled Consent Item #6 6. Adopt an ordinance for a Sales Tax Measure to be placed on the November 6, 2018 ballot. Laurel Prevetti, Town Manager, presented t he staff report. PAGE 4 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF JUNE 19, 2018 JUNE 20, 2018 Pulled Consent item #6 – continued Opened Public Comment. Phil Koen - Commented on the proposed ordinance and the $70 million of unfunded infrastructure items. Lee Fagot - Commented on the proposed ordinance and the $70 million of unfunded infrastructure items. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to continue the item after Item #16 has been heard for further research. Seconded by Council Member Marico Sayoc. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Steve Leonardis to adopt an ordinance to impose a general transaction and use tax for a period of twenty years if approved by the Town’s qualified voters for the ballot measure at the November 6, 2018 General Election. AMENDMENT: to include an additional whereas clause that states it is a general tax. Seconded by Council Member Marcia Jensen. VOTE: Motion passed 4/1. Council Member Barbara Spector voting no. PUBLIC HEARINGS 15. Landscaping and Lighting Assessment Districts No. 1 & 2 a. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1 - Blackwell Drive Benefit Zone. RESOLUTION 2018-033 b. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1 - Kennedy Meadows Benefit Zone. RESOLUTION 2018-034 c. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1 - Santa Rosa Heights Benefit Zone. RESOLUTION 2018-035 PAGE 5 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF JUNE 19, 2018 JUNE 20, 2018 Public Hearing Item #15 – continued d. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1 - Vasona Heights Benefit Zone. RESOLUTION 2018-036 e. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1 - Hillbrook Drive Benefit Zone. RESOLUTION 2018-037 f. Adopt resolution confirming the diagram and assessments, and levying and author izing collection of assessments for Landscape and Lighting Assessment District No. 2 - Gemini Court Benefit Zone. RESOLUTION 2018-038 Matt Morley, Parks and Public Works Director, presented the staff report. Opened and closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to adopt the resolutions contained in Attachments 1 through 6. Seconded by Vice Mayor Steve Leonardis. VOTE: Motion passed unanimously. OTHER BUSINESS 16. Receive the Arts and Culture Commission’s Public Benefit Assessment for Public Art Research Study and provide direction on the Commission’s recommendation to prepare an ordinance designating one half of one percent of all private building projects with total construction costs greater than $200,000 for funding public art programs in the Town. Ryan Baker, Library Director, and Maureen Cappon-Javey, Arts and Culture Commission Chair, presented the staff report. Opened Public Comment. Amy Fasnacht, Arts and Culture Commission (ACC) Commissioner - Commented in support of the proposal. Tom Spilsbury, ACC Commissioner - Commented in support of the proposal. PAGE 6 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF JUNE 19, 2018 JUNE 20, 2018 Other Business Item #16 – continued Ellis Weeker, ACC Commissioner - Commented in support of the proposal. Closed Public Comment. Council discussed the matter. MOTION: Motion by Vice Mayor Steve Leonardis to approve the recommendation contained in the staff report. Seconded by Council Member Barbara Spector. VOTE: Motion passed 4/1. Council Member Marcia Jensen voting no. PUBLIC HEARINGS 17. Introduction of an Ordinance of the Town of Los Gatos, amending Chapter 4.10 of the Los Gatos Town Code entitled Animals and Fowl. Lynne Lampros, Deputy Town Attorney, presented the staff report. Opened Public Comment. Ted LaScola - Commented in support of the proposed changes. Judy Ventimiglia - Commented in support of the proposed changes. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Barbara Spector to introduce an ordinance and first reading, by title only, amending Chapter 4.10 of the Town Code entitled Animals and Fowl. Seconded by Vice Mayor Steve Leonardis. VOTE: Motion passed unanimously. The Town Clerk Administrator read the title of the ordinance. PAGE 7 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF JUNE 19, 2018 JUNE 20, 2018 OTHER BUSINESS 18. Provide direction on potential amendments to the Town's objective standards. Joel Paulson, Community Development Director, presented the staff report. Opened and closed Public Comment. Council discussed the matter. Direction to staff: - Identify subjective words or phrases in ordinances, standards, etc. and provide objective wording; - Focus on the privacy of windows, architectural style objective standards, and view corridors; - Consider items that are measurable and can be the subject of an objective standard that makes some sense; to keep in mind everything has an effect on something else; - Define view corridors from a public location. 19. Adopt a resolution regarding Town Code Section 29.20.745 and suspending a portion of 29.20.755 (2) regarding the assignment of duties to allow the Development Review Committee to approve certain modifications to existing Conditional Use Permits for restaurants for a period of 18 months as recommended by the Policy Committee. RESOLUTION 2018-039 Monica Renn, Economic Vitality Manager, presented the staff report. Opened Public Comment. Brayton Gosling, Los Gatos Chamber of Commerce - Commented in support of the proposed modifications. Randi Chen, Los Gatos Chamber of Commerce - Commented in support of the proposed modifications. Closed Public Comment. Council discussed the matter. PAGE 8 OF 8 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF JUNE 19, 2018 JUNE 20, 2018 Other Business Item #19 – continued MOTION: Motion by Council Member Marcia Jensen to adopt a resolution regarding Town Code Section 29.20.745 and suspending a portion of 29.20.755 (2) regarding the assignment of duties to allow the Development Review Committee to approve certain modifications to existing Conditional Use Permits for restaurants for a period of 18 months as recommended by the Policy Committee. Seconded by Mayor Rob Rennie. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 10:40 p.m. Attest: _____________________________________ Shelley Neis, Town Clerk Administrator