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Addendum BTOWN OF LOS GATOS STUDY SESSION DATE: JANUARY 30, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: PRIORITY SETTING STUDY SESSION REMARKS: MEETING DATE: 01/31/17 ADDENDUM B After the initial publication of the January 31, 2017 agenda and a subsequent Addendum on January 27, 2017, the Town Attorney has completed descriptions of the proposed ordinances and policies (see attachment 9). Attachment 10 contains additional public communications. Attachments (previously received January 26, 2017): 1. Five Year Financial Forecast 2. Town Department Work Plans 3. Core Goals and Status of Current Strategic Priorities 4. Input from Commissions on Potential Priorities S. List of Potential Ordinances 6. Input from Staff on Potential Operating (Service) Enhancements and Capital Projects 7. Ideas from the Community S. Public Comment (received through 11:00 a.m. Thursday, January 26, 2017) Attachments (received with this Addendum January 30, 2017): 9. Report from the Town Attorney 10. Public Comment received 11:01 a.m. Thursday, January 26 through 11:00 a.m. Monday, January 30, 2017 Reviewed by: Town Manager TOWN OF LOS GATOS OFFICE OF THE TOWN ATTORNEY MEMORANDUM To: Mayor & Council From: Robert Schultz, Town Attorney Date: January 30, 2017 Subject: Ordinance and Policy Priorities for the January 31, 2017 Priority Setting Study Session The Town Attorney's Office is continually evaluating the Municipal Code for needed updates and provides this Memorandum to assist the Town Council in its Priority Setting Study Session. The list is in order of recommended priority. 1. Secondary Unit Ordinance The California Legislature passed three bills in 2016 that have substantive effects on the existing regulatory framework for secondary (accessory) dwelling units and upon junior accessory dwelling units. Towns/Cities and Counties throughout the state are now amending their zoning ordinances in response to the new laws. State law requires ministerial or non - discretionary review and approval of secondary dwelling units, subject to locally -adopted standards that retained a very limited level of local discretion as to their content. In addition, under the new state laws, secondary dwelling units are now required to be called "accessory dwelling units" (ADU). These bills are intended to remove regulatory barriers that have so far discouraged homeowners from constructing new second units and the Town's Municipal Code needs to be updated to bring it in compliance with State regulations. 2. Tobacco Retail Ordinance One of the 2015-2016 Strategic Goals and Priorities of the Town Council was to update the Town's Smoking Regulations, last revised some 25 years ago. In that regard, on May 17, 2016 the Town Council adopted amendments to the Town's Smoking Regulations. The amendments include provisions for prohibiting smoking in public places, commercial areas, and multi -unit residences. During the discussion regarding the Town's Smoking Regulations, the Town Council directed staff to also develop an ordinance to address regulating the sales of tobacco by businesses in Los Gatos. In response, the Town Attorney along with the Town's Community Outreach Coordinator obtained a grant for $20,000 from the County to implement our Town's Smoking Regulations and are in the process of drafting amendments to the Tobacco Retail Sales Ordinance. The draft Tobacco Sales Ordinance will be presented to the Youth Commission in March for a recommendation to Council in April and would establish a local licensing system for tobacco ATTACHMENT 9 retailers to ensure that retailers comply with tobacco control laws and business standards in order to protect the health, safety, and welfare of our residents and to discourage violations of tobacco - related laws, especially those that prohibit the sale or distribution of tobacco products to minors. 3. Retention Schedule Policy A Records Retention Schedule is a planned and systematic policy governing the period of retention for all types of records in every department of the Town. Under the State Government Code, records retention schedules which have been approved by legislative bodies via a resolution, are the controlling legal authority over the disposition of Town Records. In state government, schedules are considered current for five years unless amended sooner due to a significant change in an agency's record keeping practices. A change of mission, added functions, new programs, etc., would all trigger an amendment to an existing schedule. Regardless of any amendments, a new schedule must be prepared and approved after five years to ensure the schedule accurately and completely reflects the agency's records holdings and disposition. The last action taken by the Town Council on this subject was in 2009. The Town's Records Retention Schedules are outdated due to changes in the law and technology advances. Since the Records Retention Schedules are outdated, the Town has not disposed of many records that could be destroyed after placement in our digital archive, Laser Fiche. In addition, the maintenance of these voluminous records is costly, slows document retrieval, and impedes the effective and efficient operation of the Town. A draft of the Records Retention Schedule is completed and will be presented to the Council Policy Committee for recommendations to the Town Council. 4. Purchasing Policy and Procedures Manual Town Ordinance refers to the Purchasing Manual as the instrument used to administer the purchasing rules. The ordinance further stipulates that no amendments of the purchasing manual be made without Town Council approval. The Purchasing Manual was last updated in 2008. hi 2015, Staff began to look at ways to improve and streamline the purchasing system and procedures. Staff believes that some revisions are necessary to Purchasing Policy and Procedures Manual to reflect modern best procurement practices, improve accountability, clarify and establish procurement policy, and implement changes in the law since the adoption of the last Purchasing Ordinance. A draft of the Purchasing Policy and Procedures Manual would be completed and presented to a future Council Policy Committee for recommendations to the Town Council. 5. Public Nuisance Ordinance/Administrative Abatement Hearing The Town does not have a comprehensive Public Nuisance Ordinance related to the identification, definition, and enforcement of nuisances. Such an Ordinance would make identification of violations easier for residents and businesses to understand and thereby comply with, as well as to assist the Town in enforcing the Code and providing due process. The Nuisance Ordinance would provide a just, equitable, and practicable method for preventing, Page 2 of 6 discouraging, and/or abating certain conditions which endanger the life, limb, health, property, safety, or welfare of the general public. Currently, the Administrative Abatement of Violations of our Town Code is antiquated and needs to be updated to allow for the enforcement of Code violations through administrative hearings effectively applied and administered in a fair, expedient, and cost-efficient manner. 6. Claims/Settlement Authority Ordinance The Town's current claims ordinance has not been updated since 2003. With the passage of time, certain provisions have become outdated and other provisions have not historically been followed. This proposed update would conform the Ordinance to current practice, and update current settlement limits to allow for more expeditious settlement of claims and disposition of workers compensation claims. 7. Short Term Rental Ordinance The Town currently does not have any regulations for short term vacation rental properties. Since the Town does not have any regulations, it has prohibited the rental of property for less than 30 days. The Town needs to study and analyze the impacts of short term vacation rentals on residential neighborhoods, the overall cost and availability of housing in the Town, and the revenue that could generated by short term vacation rentals. After studying the issue and receiving input from the public, the Council would determine whether to allow or prohibit short term vacation rentals. If allowed, staff would draft regulations that define Vacation Rentals as distinct from other rental types, make clear where Vacation Rentals may be allowed, limit the number of Vacation Rentals in neighborhoods where they may be allowed, establish application/licensing requirements and operating standards for Vacation Rentals, and define and establish operating standards for Home Stays in all residential districts. If they are to be prohibited, then language should be adopted into the Town Code specifically prohibiting short term vacation rentals. This was one of the revenue generating ideas that received at least three votes of the Town Council in Fall 2015. S. Appeal Process Ordinance Based upon the number of recent appeals, the Planning Commission and Town Council should review and analyze and potentially amend the appeals process. The Code changes could implement administrative processes and procedures that clarify who may file, the issues to be determined by Council on appeal, and the issues to be determined by Planning Commission if remanded back to the Planning Commission. 9. Weed Abatement Ordinance The Town's Weed Abatement Ordinance was adopted in 1968 and establishes a program and procedure to maintain weeds in an effort to eliminate hazardous conditions. The Town should update the Ordinance to expand the definition of weeds to include other dead vegetation, fallen limbs, and combustible trash on this parcel and add additional language to clarify and strengthen Page 3 of 6 the Town's weed abatement program. Additionally, ordinance amendments would assist property owners to understand their responsibilities in property maintenance. 10. Animal Ordinance The Town's Animal Control Ordinance was adopted in 1971 and is very limited compared to other municipalities. As a result, the Town's ordinance provides very little assistance in enforcing animal issues. For example, the definitions of a dangerous or potentially dangerous dog do not align with the definitions under State law and there is only an administrative procedure related to a post -seizure hearing. Therefore, in order to declare a dog potentially dangerous or dangerous in the absence of it being impounded, the Town's only recourse is to file a court action. The Town's Animal Control Ordinance also does not address barking dogs. Although our Noise Ordinance addresses barking dogs, the Animal Control Ordinance should be amended to reflect and address this issue. Furthermore, the Town's Animal Control Ordinance also does not address the feeding of feral or wild animals on private property. This can be a health and safety issue as it draws nuisance animals to the property and impacts neighbors. The Animal Control Ordinance should be amended to reflect and address this issue. The Town's Animal Control Ordinance also needs to be updated regarding bee keeping and livestock keeping, to reflect current issues that have been brought to the Town's attention by affected residents. 11. Wireless Facilities Ordinance The wireless telecommunications industry is expanding as citizens' demand more bandwidth for the data they consume. The Federal and State governments are passing laws to help facilitate expansion of wireless infrastructure. Companies such as Mobilite, Crown Castle and Zayo are wireless infrastructure providers, which build large and small cell facilities to provide wireless connectivity to carriers such as Verizon, Sprint, etc. These infrastructure companies are approaching the Town of Los Gatos, as well as all other municipalities in the area, to expand their infrastructure for the purpose of providing cellular connectivity currently as well as to begin to contemplate the advent of 5G coverage, which requires different equipment than 4G. The Town's current Wireless Facilities Ordinance was adopted in 2003 to conform to the 1996 Telecommunications Act and is now outdated based on the ongoing changes to State and Federal legislation and leaves the Town unprepared for the scale of expansion that is on the horizon. Our current Ordinance only deals with the collocation of wireless facilities on existing utility poles. The above referenced wireless facility companies are now proposing installations in the public right of way. Such installations could be on existing Town -owned structures, such as street light poles, or could involve the companies putting in their own new poles. The Town needs to update its wireless telecommunications ordinance to address the current status of Federal and State law as well as to reflect best practices in siting and design standards to preserve the aesthetics of the Town but to also facilitate providing competitive, varied and high quality wireless communications service infrastructure. Page 4 of 6 12. Special Event Permits Ordinance The Town's Special Event Permits Ordinance was adopted in 1992 and needs to be revised to streamline the process and provide the authority to approve such events within the Town Managers discretion as opposed to the Police Chief. 13. Medical Marijuana Ordinance In 2011, the Town adopted an ordinance prohibiting medical marijuana dispensaries, cultivation, and delivery services. In November 2016, the voters passed Proposition 64, the Control, Regulate. and Tax Adult Use of Marijuana Act ("AUMA"'). The AUMA immediately legalized the possession, transport, purchase, use, and transfer of recreational marijuana for individuals 21 years of age or older. Other provisions, including State issued licenses for large scale cultivation, manufacturing, delivery and retail business, will be issued beginning January of 2018. Proposition 64 allows local governments to ban all marijuana -related businesses outright, including marijuana dispensaries, delivery services, and any recreational marijuana retail services and outdoor cultivation of marijuana, unless the California Attorney General determines marijuana is no longer illegal under Federal law (if marijuana is federally legalized, outdoor cultivation could be regulated, but not prohibited) and to reasonably regulate indoor cultivation in private residences, but not ban it outright. It is recommended that the Town Council needs to consider an Ordinance that amends the Town's Municipal Code to recognize the new State pre-emption allowing individuals to have six living marijuana plants and any marijuana produced by those plants in their homes. The Ordinance also must modify language in the Town Code to update the ban to non -medical cultivation, delivery, distribution and retail, and other provisions of AUMA. 14. Drone Ordinance The Town does not have a Drone Ordinance. The issue of drones and Radio Controlled (RC) aircraft, otherwise referred to as unmanned aerial systems (UAS) is a growing concern for towns and cities with multiple incidents of interference with firefighting, other aircraft, and accidents. Towns/cities are attempting to address the dramatic increase in recreational UAS with various types of regulations and are beginning to enact regulations that supplement and/or codify federal law. The major challenge in drafting these ordinances is the federal pre-emption of this issue but a drone ordinance could regulate the following issues for the Town: 1) Protection of persons and property in the jurisdiction; 2) Aviation safety, including a specific prohibition against careless and reckless operations that endanger life or property; 3) Designated take -off and landing zones for UAS within the Town limits; 4) Identification of critical infrastructure within the Town limits, or immediately adjacent to its boundaries, with appropriate rules for operation of UAS in proximity to that infrastructure; and 5) Permissible hours of operation. 15. Noise Ordinance The Town's Noise Ordinance was adopted in 1991. With the changes to the Town's Entertainment Policy, the Town needs to analyze and determine whether the noise levels set Page 5 of 6 forth in the Noise Ordinance adequately protect the residents of Los Gatos from unnecessary, excessive, and disturbing noise and vibration. 16. Motor Vehicle and Traffic Ordinance In the course of defending a traffic ticket appeal, it was revealed that there are some necessary changes to Motor Vehicles and Traffic section of the Code, Chapter 15. Specifically, Chapter 15 was adopted in 1968 and requires the Chief of Police to approve any street sign before obedience to same can be required. This section controverts the common sense requirement that street sign approval is the province of the Town Engineer; however it gives credence to challenges by litigious individuals. The rest of this Code section would also be reviewed for other needed changes. Page 6 of 6 Subject: Attachments: FW: 2017 strategic priorities 2417 strategic priorities.docx From: Phil Koen[mailto:pkoen@monterooartners.cor] Sent: Friday, January 27, 2017 12:12 PM To: Laurel Prevetti Cc: Robert Schultz Subject: 2017 strategic priorities Hello Laurel, Would you please pass this to the Town Council for their consideration at the upcoming meeting. Thank you. Phil Koen ATTACHMENT 10 i January 27, 2017 RECEIVED ' lA r` aW%U JAN 2 7 2017 TOWN MANAGER Re: 2017 Strategic Priorities Dear Mayor Sayoc and members of the Town Council, I am writing to you today to suggest two strategic priorities which I believe the Town should commit to addressing this year, Update the General Plan Safety Element to comply with Senate Bill 1241 Senate Bill 1241 which went into effect on January 1, 2013 mandated that the Safety Element of a General Plan review and address risk of fire for VHFHSZ designated LRA upon the next revision of the Housing Element. Since the Town of Los Gatos adopted a new Housing Element on May 5, 2015, the Town is now required to update the Safety Element per GC 65302 (g). This update would include the advice outlined in the Office of Planning and Research's most recent publication of "Fire Hazard Planning General Technical Advice Series". It is also my understanding that the State Board of Forestry and Fire Protection Board as well as the Santa Clara County Fire Departments are required to review and make recommendations for the Safety Element of general plan updates in accordance with GC 65302.5. Given that a high portion of the Town's acreage is in a VHFHSZ designated LRA, the Board's review and recommendations will be the most expansive, which is known as a Tier 1 review, The Town needs to incorporate into the Safety Element the technical advice developed by the Office of Planning and Research. The current Safety Plan does not reflect this. Update the Weed Ordinance to clarify the definition of "weeds" and include both developed and undeveloped parcels I have looked at the Weed Abatement Codes for both the City of Saratoga and the City of Monte Sereno. Both of these cities have language that broadens the definition of "weeds" and clarifies the property owner's responsibility to remove brush, fallen tree limbs, dead trees, weeds, and invasive vegetation and indigenous grasses which may attain such large growth as to become a fire menace to adjacent property and endanger the public safety. The ordinance should also include a minimum defensible zone of 30 feet around the perimeter lot line. This responsibility would extend to property owners of both developed and non -developed parcels. The current Weed Ordinance is too narrow in definition and scope and does not mandate a 30 foot defensible zone. The biggest loophole is that the ordinance is not explicit enough with regard to undeveloped parcels. Since the vast majority of the Town is now developed, it is important that all parcels, developed and non -developed comply with the Weed Ordinance to reduce the risk of fire for all. Hopefully the Council will agree with these suggestions. Sincerely, Phil Koen Subject: FW: Comments for special Meeting on 1/31/2017 Original Message From: John Shepardson [mailto:shepardsonlaw@me.com] Sent: Friday, January 27, 2017 12:11 PM To: Marico Sayoc; Rob Rennie; Steven Leonardis; Marcia Jensen; BSpector; Laurel Prevetti; Robert Schultz Subject: Comments for Special Meeting on 1/31/2017 Dear Mayor Sayoc and Council Members Rennie, Leonard's, Jensen and Spector: One, thank you for your devoted service. You time commitment to the town is extraordinary. Two, I agree with the tenor of Mr. Vanada's email. One factor in the operation of great municipalities is a high level leveraging of existing resources. We have serious financial challenges, unfunded liabilities, streets in disrepair, declining revenues, demands for more contributions for pensions, and increasing government employee salaries. Three, solutions: 1) A task force to review town revenues and expenses. A suggested read is Robert Gates on leadership. He discusses the great power of task forces. 2) Hire Management Partners to review the town's operations. 3) Outsource to the Sheriff. 4) Outsource the library to the county. Four, put a premium on fire protection. With Climate Change, the hills will be dry longer. Five, with more efficient use of tax dollars we could: 1) Provide funding for Danville -like busing program. 30% cut in traffic. 2) Smart traffic lights. 25-30% cut in traffic. 3) Promote biking in schools. Gunn HS 60% biking. 4) Enhance Safe Routes to Schools. 5) Enhance the downtown. Cleaner, make it sparkle. 2-3 x week clean sidewalks, empty trash cans. 6) Fund a downtown garage. 7) Have more bike lanes. 8) Build a community, youth and/or tech center. 9) Buy land for parks. 10) Buy down pension liabilities. 11) Build bike cages. 12) Have rental bike stations. 13) Create a town trolly. 1 John Shepardson, Esq. 2 Subject: FW: Hwy 17 Cut -Through Traffic ----Original Message From: Kristina Strand[mailto:strandkristina@gmail.com] Sent: Saturday, January 28, 2017 11:01 PM To: Marico Sayoc; Rob Rennie; Marcia Jensen; Steven Leonardis; BSpector; Matt Morley; Laurel Prevetti; Planning Cc: Brad Strand Subject: Hwy 17 Cut -Through Traffic Dear Town Council and Planning Commission, Our family has lived in the Almond Grove for nearly 20 years. In advance of the January 30th Town Council Meeting, we would like to share our experience with the current traffic situation. It has become completely untenable in our neighborhood. Examples: • It can take 20 minutes to travel the four blocks from our house to Hwy 9. * Our evening drive from Menlo Park to our house, routinely takes an hour and a half with almost 30% of the time spent trying to get into our downtown neighborhood. * Commuters routinely use and speed through our alley to avoid Hwy-17 cut -through traffic. * We have nearly had our car hit on multiple occasions while pulling out of our garage. * When our children were young, they rode their bikes and played basketball our alley nearly every day. Due to the unpredictable and sometimes dangerous traffic in our alley, we are not comfortable with anyone doing so. * People cut through our alley and speed down Wilder Avenue are aggressive and rude (gestures, curses and verbal intimidation), towards our family if they have to wait while we park or back into our garage. • People attempt to intimidate us by honking, cutting us off, and tailgating. • We brace ourselves everyday for aggression and intimidation as we leave or enter our neighborhood. * When we were waiting to turn into the neighborhood from Hwy 9 today, an ambulance came behind traffic. The green arrow lit up, but like others, we remained motionless until the ambulance had passed. But as the ambulance came up behind traffic and veered to the right, the man in the truck behind me started honking. Despite everyone on all four sides of the intersection remaining motionless to allow the ambulance to get through, the man honked incessantly and made obscene gestures to get me to drive into intersection and let him by. The above examples are now "normal" occurrences in the Almond Grove. We believe the Santa Cruz Av entrance to Highway 17 should be closed on weekends and during rush hours. i We welcome crowds for the bike race and Halloween. But, our neighborhood has become a parking lot. It is used for highway overflow, and as a thoroughfare. Our streets and neighborhood were not designed for this. Those of us who live here, and need to use our roads, are being unduly "taxed", overwhelmed, and put in dangerous situations because people cut through our neighborhood to get ahead of the Highway 17 traffic. Last summer our neighbors purchased a home out-of-state, because of traffic. They now live there almost full-time. We used to think this was an extreme response. We are no longer so sure. We kindly request that you please close the Santa Cruz entrance to Highway 17 on weekends and during both rush hours. Sincerely, Kristina and Brad Strand 139 Wilder Avenue Los Gatos, CA 95030 2 Subject: Importance: FW: Goal Setting Meeting ; Please prioritize and fund the cut -through beach traffic abatement High On Jan 29, 2017, at 9:50 AM, Lisa Mammel <lmammel@comcast.net> wrote: Dear Mayor Sayoc, Vice Mayor Rennie, Council Members Leonardis, Jensen and Spector: I am writing to urge you to prioritize and fund the abatement of cut -through beach traffic as part of your Goal Setting Meeting on January 31, 2017. Please proceed with the plan to close the Highway 17 on - ramp at Wood Road. I have previously written (and have spoken at the January 17`" TC meeting) to bear witness to the problem that has plagued downtown and our neighborhood over the past two years. As a reminder, without the ramp closure, the stacked up traffic on my street (Tait) has led to: a child being hit by a cut - through motorist; barred entry and exit into our homes (including not being able to get my infirm mother to my home without leaving her in a parking lot, walking to my home and returning with a wheelchair to usher her the blocks home); emergency vehicles not being able to gain access to our street; trash thrown on our property by frustrated traffic -bound motorists; and urination on my neighbors' property. (These are but a few of the issues; there are several others.) Please note (that as attested by a Chamber of Commerce spokeswoman at the January 17 TC meeting), and again as stated in the Los Gatos Weekly on January 27, 2017, the downtown businesses are also adversely impacted by the summer cut -through traffic which does not allow for free flow of commerce. In fact, as the LG Weekly states pertaining to the business responders: "Eighty-nine percent of the respondents say our No. 1 priority should be alleviating summer cut -through traffic." The beach cut -through traffic does not assist those outside of LG transiting the clogged streets, as confirmed by summer motorists who have told me that they have sat idle on Tait for hours. It adversely impacts the businesses, who (as the Chamber spokeswoman stated on Jan 17) cannot sell things to lined up cars — even when approaching such cars on foot with items to purchase. Finally, the beach cut - through traffic has created grave safety concerns for emergency access, has precluded us from access to our property, and has severely degraded the quality of life of our town. I urge you to prioritize and fund the abatement of cut -through beach traffic as part of your Goal Setting Meeting and proceed with the plan to close the Highway 17 on -ramp at Wood Road. Respectfully, Lisa A. Mammel Lisa A. Mammel Los Gatos, CA 95050 1 Subject: FW: Beach -traffic control measures need funding On Jan 29, 2017, at 10:31 AM, Mary Ellen Kaschub <mekaschubAcomcast.net> wrote: To Los Gatos Town Council Members Please continue to address and fund a permanent solution to weekend beach traffic controls which include the closing of Hwy 17 entrance at Wood Road. As a resident of Almond Grove with a home within the first block of Massol Ave. off Hwy 9 the impact to our neighborhood on summer beach weekends can be horrific. Only the closing of the Wood Rd. entrance to Hwy 17 makes a significant difference. The closing of Massol on the weekends helps, but impatient drivers do cut through the parking lot on the corner of Hwy 9 and Massol or even do illegal U-turns to get into the neighborhood. Several stop to remove the cones themselves!. Obviously these exceptions can actually be quite common. It is important that this cut -through traffic issue be assessed, prioritized and funded at your goal -setting meeting this Tuesday. Los Gatos is particularly vulnerable, not only on beach weekends to cut -through and back-up traffic that results from problems on Hwy 17. This recent rain -soaked period brought that home to all of us. On the eve of the infamous Hwy 17 grid -lock recently, it took my husband and I 2 hours and 40 minutes to get from Lark Ave to Massol which we finally did at 11 pm. While beach weekends are obvious, and predictable, easily managed using data from last summer and the closure of Wood Rd. entry to Hwy 1, we think the town should also consider "emergency closures" when disasters hit Hwy 17. Our town and our neighborhood become severely impacted in those instances also. Sincerely, Bill and Mary Ellen Kaschub 320 Massol Ave. 1 Subject: FW: PARKING spaces in LG On Jan 29, 2017, at 11:27 AM, Kim Gudmundson <kim.gudmundson@gmail.corn> wrote: Please create some 4-hour parking lots downtown, in proximity of where people want to spend money. Yesterday, I enjoyed a lunch and matinee movie with a friend in downtown LG. I knew when I parked that I would get a parking ticket, but there is nothing I could do about it. Lunch, drinks and a film take longer than 3 hours. I paid for both us both, lunch and drinks and film. Then I had to pay $42 parking fine. Fortunately, she did not also get a ticket, though she had parked longer than I had. Next time, I can take my $150 to a community that allows one to eat, drink and watch a film without parking penalty. ...such as San Jose, Santana Row, Mountain View, Cupertino, Campbell, just about anywhere. LG wants business from people who want to spend money for more than 3 hours. That benefits the businesses there. I'm happy to discuss this if you want. Thank you, Kim Gudmundson kgudAcomcast.net 1 Subject: FW: Highway 17 Cut -through Traffic (1/29/17) On Jan 29, 2017, at 12:58 PM, Dennis Grist <gristconstructionagmail.com> wrote: Dear Mayor and Town Council Members: We would like our voices heard and added to the many who want to have the ramp to Highway 17 at Wood Road closed during spring, summer, fall, and holiday weekends. The traffic is unbearable, creates hazardous conditions for the residents, does not allow us to get to and from our homes, is stopped for many hours at a time, and a number of the occupants among the congested cars are rude, obnoxious, threatening, profane, remove items from properties and/or leave their trash, which has created tensions and threats toward the residents. This traffic snarl is along Los Gatos Boulevard, University Avenue, Winchester and Santa Cruz Avenue, the Almond Grove streets, Glenridge neighborhood up through Ridgecrest, and of course backed up on Los Gatos -Saratoga Road. It is not just the downtown area, but a much larger portion of Los Gatos that takes the brunt of this miserable traffic congestion. We urge you to close the ramp during these anticipated dates. Thank you, Dennis Grist and Susi Graf 215 Tait Avenue (408) 761-0918 1 Subject: FW: Request for prioritizing budget -- Cut Through Traffic Project 813-0229 On Jan 29, 2017, at 5:41 PM, Mario Queiroz <mario.queiroz r@cgrail.com> wrote: Dear Mayor Sayoc and Los Gatos Council Members: We understand that at this corning Tuesday's "Goal Setting Meeting," funds will be prioritized for projects. For the reasons listed below, we believe strongly that it is important to fund the solution for significantly reducing cut -through traffic on beach days in Los Gatos by closing the on -ramp to Hwy-17 Southbound. Thank you for considering our well-intentioned input. Sincere regards, Mario & Martha Queiroz 128 Tait Avenue 408-464-9204 & 408-384-2738 On Mon, Jan 16, 2017 at 7:10 PM, Mario Queiroz <mario.queiroz rr.,ginail.com> wrote: Dear Mayor Sayoc and Council Members: My family and I own and live in our home at 128 Tait Avenue in the Almond Grove neighborhood of Los Gatos. Before addressing the cut -through traffic project, I would like to commend the City of Los Gatos on the excellent job it did in cleaning up the city after the major storms of last week. Thank you for the excellent work!!! Now to the main subject of this email: We saw that the topic of cut -through or beach traffic is on the agenda for tomorrow evening's (January 17) council meeting, and I would like to voice my opinion. I vehemently support closing the on -ramp to Highway 17 Southbound for certain hours on summer weekends. I provided this input to the Town in an email on. September 4, 2015, with the subject "Closure of S Santa Cruz Ave exit to Hwy 17 S." As a Google employee, with my knowledge of Waze and the technology of other traffic apps, 1 am convinced that the only effective way to maintain traffic in the residential neighborhoods of downtown Los Gatos at reasonable levels on days of heavy HW-17-S traffic is to close the S Santa Cruz Ave exit to HW- 17. When this was done on specific weekends this past summer, there was absolutely no unusual traffic backed up on Tait Ave and other residential downtown streets. On the weekends that the closure was not implemented, the traffic was at a standstill in front of our house and adjacent streets. Not only does this pose a dangerous situation if there is an emergency and we need an ambulance or police at our residence, but it also makes it very difficult for us to get to our house on those days. The traffic is just horrendous all over the downtown arca. Our family has commitments on the weekends which require us to leave town i by car, and we dread leaving the house if we know that we must face the excessive beach traffic trying to return to my residence. We should not have the burden and stress of not being able to leave our house on the weekend. Even just to go to Safeway by car is a nuisance. It also makes driving hazardous because people become impatient, drive on the wrong side of the road and make other maneuvers that pose a hazard to pedestrians and other drivers. I believe there was an incident on Tait Ave on a day of beach traffic this past summer of a vehicle hitting a pedestrian due to the conditions described in this paragraph. On a tangentially related subject, to minimize traffic through the Almond Grove and other downtown residential streets, I request that the Town not eliminate or shorten the dedicated right hand turn lane from westbound Highway 9 to southbound N. Santa Cruz Ave when you consider the proposed new construction on that corner. Please don't do anything that will encourage drivers to use the residential streets versus N. Santa Cruz Ave. Such a change would compound the problem of growing traffic through our residential neighborhoods, especially considering the construction that will be taking place to renew the concrete streets and sidewalks in our neighborhood. Thank you very much for your consideration. Sincere regards, Mario Queiroz 408-464-9204 2 Subject: FW: Cut Through Traffic Project 813-0229 On Jan 29, 2017, at 5:41 PM, ecep@comcast.net wrote: Dear Town Council Members, We are writing to ask your help with respect to traffic in Los Gatos and specifically with respect to the summer beach traffic. We had previously written to you on January 16 about the issue ( a copy of our email is below). We understand the beach traffic issue is more likely than not competing with other projects and we are writing to advocate that this issue be prioritized and funded appropriately. We understand there is a meeting on Tuesday January 31 that will address the prioritization and funding. We would appreciate your consideration of this and to give this the highest priority. Los Gatos has a tremendous reputation and its residents really enjoy the community. The beach traffic places unneeded stress on its residents and hurts Los Gatos business (folks who really want to come to Los Gatos for dining, shopping, etc get discouraged and don't bother to come because of this issue). Thank you, Earl & Patricia Charles Earl Charles M: 408 221 2335 PRIOR EMAIL We are writing to ask your help with respect to traffic in Los Gatos and specifically with respect to the summer beach traffic.We think what has worked is closing the on -ramp to Highway 17 southbound for certain hours over summer weekends. Even though traffic cones were placed at Highway 9 to prevent cars from coming into Los Gatos, transiting cars generally ignored the cones and drove over them leading to clogged streets throughout the neighborhood. We have seen cars speed down the wrong lane of Tait Ave to get to Main St. while there are a line of cars already waiting on Tait Ave. Because of the traffic, on a couple of occasions we could not make an appointment and had to stay home. There was one occasion where I could not get to our house in a reasonable time and had to park the car about 1 mile away from our house and walk home. We would really appreciate your consideration of closing the on -ramp to Highway 17 during certain hours of the summer weekends. Thank you, i Earl & Patricia Charles 2 January 29, 2017 Re: Reconstituting the Council Finance Committee Dear Mayor Sayoc and Members of the Town Council, RECEIVED V JAN 2 9 2017 �� TOWN MANAGER Over the past few months I have met with each of you to discuss the need to reconstitute the Council Finance Committee. We have discussed at length the financial challenges the Town is facing and will continue to face in the coming years from escalating pension liabilities and aging critical infrastructure/streets. In the near term the Town has limited revenue enhancing opportunities and therefore must make smart, well informed, strategic decisions. A newly reconstituted Council Finance Committee, staffed with knowledgeable citizen advisors can significantly leverage the skills and time of the existing council members as well as materially increase the technical knowledge of the committee. The financial challenges the Town faces are complex and will requires significant expertise in order to develop and implement workable solutions. In addition the Committee needs to expand its governance model to address a broader set of responsibilities mandated by best practices of a Town of our size and complexity. The current Council Finance Committee responsibilities are simply too narrow and as a result the Town Council is not receiving the full benefit of a properly chartered Council Finance Committee. In my opinion the current governance model is broken. Lastly, by including citizen advisors, the Council Finance Committee will provide the opportunity for citizen input to the Council and staff regarding financial or process issues including audits, financial budgets, and financial policy. This will also provide a currently missing leg to the three legged stool (Le. namely council, staff and citizen input) necessary to insure "truth to power" conversations occur when discussing controversial and difficult financial matters. Based on all of this, I respectively request the Council to consider the following and if appropriate, take the necessary action to approve the proposed changes: Recommendation Strengthen and increase the current Council Finance Committee by adding three Citizen Advisors subject to the approval of the Town Council. This will increase the total membership to 5, consisting of 2 Town Council members and 3 Citizen Advisors. The Citizen Advisors will have no voting rights. All voting rights will be vested in the Town Council members on the committee. The Chairman of the Council Finance Committee would be appointed by the Mayor. Term of Appointed Members It is recommended that citizen advisors be appointed annually. Qualifications of Appointed Members The qualifications of appointed members should be: • Must be a resident of the Town of Los Gatos • Must be a registered voter in the Town of Los Gatos • Recommended that the appointee be a CPA, CFA or Business/Finance major or have served in a senior financial leadership position (Controller, CFO, Treasurer) for at least 5 years in industry. • Recommended, but not required, that the appointee have an understanding of Fund Accounting. Purpose The purpose of the Council Finance Committee shall be advisory to the Town Council and shall review financial issues that can be reasonably addressed by the Town of Los Gatos in accordance with accepted best practices and statutory obligations. The Council Finance Committee shall coordinate with the Town Council annually to prepare and approve a work program for the following year. Urgent issues may be authorized for study by the Town Council at any regular Council meeting. Core Responsibilities • Review and monitor events and issues which may affect the financial status of the Town. • Make recommendations to the Town Council regarding amendments to financial and budgetary policies. • Review the Town Managers proposed budget and give recommendations to the Town Manager in advance of the budget's presentation to the Town Council. The committee's recommendations shall be provided in writing to the Town Council along with the Town Manager's presented budget. • Recommend for Town Council approval and manage an on -going process for measuring and setting goals designed to maximize the Town's revenues consistent with existing taxation structures and inter -governmental funding opportunities, fee generation consistent with market rates for Town provided services and market fees for utilization of Town owned assets. Recommend to the Town Council major initiatives to accomplish identified goals. • Recommend for Town Council approval, and manage an on -going process for measuring and setting goals designed to minimize the Town's cost to provide core services and required activities, consistent with the desired service level for residents and other internal and external customers. Recommend to Town council major initiatives to accomplish identified goals. • Review with staff on an annual basis the timing, means of financing, and fiscal impacts associated with funding high -priority projects designated in the Facilities and Capital Improvement Budget. After approval by the Town Council, identify, review and annually recommend to Town Council the most advantageous methods to fund the Town Council's approved Facilities and Capital Improvement Budget. • Identify, review and annually recommend to Town Council the most advantageous methods to fund the Town's long term compensation and benefit program liabilities including all pension and post -employment benefit liabilities. • Review and recommend to the Town Council policies related to the setting of funding goals for reserves and review on -going progress related thereto. • Review the structure and documentation of any proposed debt financing to assess the risk associated with debt usage. • Coordinate with Staff the auditor selection process and make a recommendation on which firm to use. �13 • Conduct audit conference meetings with the outside auditors to provide independent review and oversight of the Town's financial reporting processes, framework of internal control, and to provide a forum in which auditors can candidly discuss concerns in the absence of staff. • Review and recommend to the Town Council approval of the Comprehensive Annual Financial Report (CAFR). • Recommend for Town Council approval and monitor and review activities related to the Investment Guidelines and investment funds. Review the Quarterly Treasurer's Report and make recommendations as appropriate. • Perform special projects as directed by the Town Council, Town Manager or Finance Director. Budget Impact Since this proposal is recommending reconstituting the existing Town Council Finance Committee, there should not be any new incremental expense incurred. For this committee to deliver on its full potential, staff support will be required. Timing and Implementation Given the upcoming budget cycle and the immediate challenge in funding pension liabilities, core Town services and Capital Projects, the Town Council should immediately pass a resolution amending the charter and makeup of the Council Finance Committee. The Town Council should then begin the required notification process for candidates, followed by the selection of three citizen advisors. The goal is to have the newly reconstituted committee in place by April 1, 2017. In the interim, the existing Council Finance Committee would continue as is, focusing on the broader responsibilities outlined above. Conclusion While this recommendation may seem as a "radical departure" from how things were done in the past, I believe it is an idea long overdue. Given the many financial challenges the Town will face in the future, getting the best people working on generating solutions is mandatory. I also believe it is up to all of us to make sure our town government has the knowledge and ability to meet these challenges. Adding knowledgeable citizen advisors to the Council Finance Committee will do this. At the end of the day, if the Town Council is happy with the status quo and believes they are currently receiving the best advice and input regarding the financial risks, priorities and constraints from the Council Finance Committee as currently structured, then the Council should reject this recommendation. If on the other hand the Town Council agrees with the need to increase the technical knowledge and include citizen input on critical financial decisions, I believe this recommendation accomplishes this goal. Thank you for considering my recommendation. Phil Koen Subject: FW: Almond Grove cut through traffic & proposed development On Jan 30, 2017, at 12:17 AM, Laurie Chase <Laurie@rialtowest.com> wrote: Town Council Members - We were married 26 years ago at St Marys, held our reception at Mirassou (now Testarossa) and settled into downtown Los Gatos. As homeowners and residents of Massol Avenue & Tait Avenue, we have seen the traffic in Almond Grove increase and overflow to the point of intolerable & dangerous levels. Residents of Almond Grove are landlocked any time there is a problem or simply heavy traffic on Hwy 17. Unfortunately, the traffic congestion has become the norm rather than the exception. When we moved into Almond Grove, we paid a "premium" to be in close proximity to downtown restaurants & businesses and accepted that we would have more activity since we were in a downtown neighborhood. We chose to be in a historical district that would serve as a watchdog re: appropriate and inappropriate development/construction. I can tell you that my attached one -car garage had quite a few opinions re: how it should look with my neighbors weighing in on the final design. The development being proposed on Hwy 9 bears no resemblance to the historical district it borders, is far too large in scale for that property & does not serve as a warm welcome to our beautiful downtown Los Gatos. The First Republic Bank and Sereno Group buildings are far more appropriately scaled development examples. What is best for the developer is in direct opposition to what is best for the neighbors. I can empathize with both the residents as well as the land owners/developers and there surely is a compromise available. As a reminder, Almond Grove already takes on a disproportionate traffic burden year round for the town starting with a few events as outlined below: May - September Beach Traffic back-up, cut -through October - early St Mary's Fair October - late Halloween December Tree lighting, holiday parade, horse carriage rides April Great Race May Cat's Hill bike race Summer Festivals, wine walks, etc. As residents, we would love to see the downtown merchants being supported more by locals & our resources being put into revitalizing what we already have rather than stacking more businesses. Before we start looking at any more new development proposals, we should address the current problems that are affecting the local residents & business owners. Hwy 17 is never going to expand going over the hill to Santa Cruz —it is not possible. Any further growth in downtown Los Gatos will result in an even worse bottleneck than we are experiencing now. I want to advocate that the cut -through -traffic issue be prioritized and funded during the "Goal Setting Meeting" on Tuesday January 31st. Further, I would like to ask that you look at & address all development proposals and issues as a whole rather than in isolation since each decision sets in place a domino affect on all of us. North 40, Alberto, Hwy 9, beach traffic shut -downs, etc. Thanks for keeping the residents in mind in our beautiful town we are fortunate to call home. Thanks, 1� Tom & Laurie Babula 200 Massa! Avenue Los Gatos, CA 95030 Laurie Chase, Broker Rialto West Properties BRE# 01092297 laurie(urialtawest.coin 408-623-0094 (Cell) From: Alice Kaufman <alice@greenfoothills.org> Sent: Monday, January 30, 2017 10:38 AM To: Marico Sayoc; Rob Rennie; Marcia Jensen; Steven Leonardis; BSpector, Council; shani kleinhaus; Kit Gordon; Mike Ferreira; Laurel Prevetti Subject: Council Priority Setting Session Attachments: Joint letter on wildlife -friendly fencing 1.30.17.pdf Dear Mayor Sayoc and Councilmembers, Attached please find the comments of the Committee for Green Foothills, Santa Clara Valley Audubon Society, and the Sierra Club Loma Prieta Chapter on the issue of wildlife -friendly fencing proposed for the Council Priority Setting Session. Please contact me with any questions. Thanks, Alice Kaufman Legislative Advocate, Committee for Green Foothills 650-968-7243 x. 313 3921 East Bayshore Road Palo Alto, CA 94303 www.greenfoothills.org Join Committee for Green Foothills as a member and help support our work~ 1�Z COM/VTIEE I OP GREEN EOOl M.15 January 30, 2017 Los Gatos Town Council 110 E. Main St. Los Gatos, CA 95030 Re: Priority Setting Session S,,Lll,,�iUliaa C Dear Mayor Sayoc and Councilmembers, Santa Clara Valley Audubon Scowl RECEIVED JAN 3 0 2017 TOWN MANAGER \IA t•L_ 1CO'. - A N\ . A ,'_4--o rr0 With regard to the issue of wildlife -friendly fencing being included in the Council's list of strategic priorities, the Committee for Green Foothills, Santa Clara Valley Audubon Society, and Sierra Club Lorna Prieta Chapter submit the following comments: Wildlife migration and wildlife corridors are among the most important issues in conservation today. When it comes to the transition zones in our communities where residential development and wildlife habitat intersect, the preservation of permeability and migration routes is especially critical. Fragmentation of habitat due to barriers such as roads, fences, and other structures can drastically reduce local wildlife populations' access to large areas of habitat. Animals may be forced by the use of impassable property fences, especially perimeter fences, to travel along busy roadways rather than through open space, thus posing a safety hazard for both the animals and the vehicle traffic on these roads. In addition, fragmented populations cause degradation of ecosystem function with decreased species diversity. Simple precautions with regard to where and what type of fencing is built in hillside areas near open space can alleviate much of this problem. For example, property owners can construct open fencing such as wood post and rail fencing that allows animals to jump over, climb under. or pass through. Solid "privacy" fencing and deterrent fencing to keep deer and other browsing animals away from vegetable gardens and ornamental landscaping should be limited to areas close to residences, rather than along perimeter areas and roadways. Passages between properties are essential. Those of us fortunate enough to live in the Bay Area, with its diversity of wildlife and beauty of open space, should be mindful of the ways in which our actions and our built environment impact the nature that we often moved here to enjoy. By simply changing our behavior slightly, we can make a tremendous difference in the ability of wildlife to survive and thrive in harmony with our communities. Thank you for your consideration of these comments. Sincerely, Alice Kaufman, Legislative Advocate Committee for Green Foothills Kit Gordon, Wildlife Committee Chair Sierra Club Loma Prieta Chapter Shani Kleinhaus, Environmental Advocate Santa Clara Valley Audubon Society