M02-21-17
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 03/07/2017
ITEM NO: 3
MINUTES OF THE TOWN COUNCIL MEETING
FEBRUARY 21, 2017
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, February
21, 2017, 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 Marcia Jensen, Council
Member Steve Leonardis, Council Member Barbara Spector.
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Sayoc led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Sayoc presented the Government Finance Officers Association (GFOA) Budget Award to
Finance Director, Steve Conway on behalf of the Town.
Mayor Sayoc presented a Small Business, Big Applause commendation to Los Gatos Theatre.
Alicia Goetz thanked the Town for their support.
CLOSED SESSION REPORT
Robert Schultz, 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 Steve Leonardis stated he attended the West Valley Sanitation (WVSD)
Board of Directors meeting.
- Council Member Marcia Jensen stated she attended the Council Policy Committee meeting
with Mayor Sayoc and the Library 5th Anniversary Celebration along with other Council
Members.
- Mayor Marico Sayoc stated she attended the Cities Association meeting, the Santa Clara
Valley Water District (SCVWD) meeting, and a ribbon cutting for Culinary Courier.
- Vice Mayor Rob Rennie stated he attended the Silicon Valley Clean Energy Authority
(SVCEA) Board meeting where he was elected chair, the Valley Transportation Authority
(VTA) Policy Advisory Committee meeting, the VTA Congestion Management Board
meeting, and the Joint Venture Silicon Valley briefing.
PAGE 2 OF 8
SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF FEBRUARY 21, 2017
DATE: FEBRUARY 22, 2017
Council Matters – continued
- Council Member Barbara Spector stated she attended the General Plan Committee meeting
and the Library 5th Anniversary Celebration.
Manager Matters
- Announced the Library installed new technology including new computers and the ability to
check out wireless laptops for two hours.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council Special Priority Setting Study Session minutes of January 31, 2017.
2. Approve Council Closed Session minutes of February 7, 2017.
3. Approve Council minutes of February 7, 2017.
4. Appoint a seven-member Task Force to proceed with the World Health Organization's Age -
Friendly application process to meet the Santa Clara County deadline of June 2017.
5. Adopt a Resolution forgiving debt pursuant to an agreement to cancel debt in exchange for
sole non-profit ownership. RESOLUTION 2017-003
6. Accept the Report on the Temporary Installation of Traffic Calming Devices for Wedgewood
Avenue between Roxbury Lane and Wimbledon Drive.
7. Adopt the Policy Committee’s proposed amendments to Council Policy 2-11 entitled
Commission Appointments, Residency and Attendance Requirements, and Establishing a
Quorum. POLICY 2-11
8. Downtown Parking
a. Adopt a resolution defining the work plan and term for the Parking and
Infrastructure Ad Hoc Committee. RESOLUTION 2017-004
b. Provide direction on priorities to the Transportation and Parking Commission.
9. Receive the Town Council Policy Committee Work Plan.
Item #7 pulled by Council Member Spector.
Council Member Spector made a correction to Item #1 on page 6, to add a bullet item that
states “Strategic Priorities that are 75% complete.”
MOTION: Motion by Council Member Marcia Jensen to approve the Consent Items
#1-#9, excluding Item #7. Seconded by Vice Mayor Rob Rennie.
VOTE: Motion passed unanimously.
PAGE 3 OF 8
SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF FEBRUARY 21, 2017
DATE: FEBRUARY 22, 2017
Pulled Consent Item #7
7. Adopt the Policy Committee’s proposed amendments to Council Policy 2-11 entitled
Commission Appointments, Residency and Attendance Requirements, and Establishing a
Quorum. POLICY 2-11
Opened and closed Public Comment.
Council discussed the matter.
MOTION: Motion by Vice Mayor Rob Rennie to adopt the Policy Committee’s
amendments to Council Policy 2-11 and to add the sentence “Once all
voting is concluded and a decision made, the votes will be made public”
to paragraph 3 on page 5 of the Policy. Seconded by Council Member
Marcia Jensen.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Tom Picraux
- Provided an update on the previous suggestion of starting a Los Gatos Resource Hub and
Meet-Up Center and suggested the Tait Avenue and Forbes Mill sites for the center.
Josh Selo, Executive Director of West Valley Community Services
- Provided an update on their services and requested the Town assist them to find a location
for its Mobile Food Pantry once a week in Los Gatos.
OTHER BUSINESS
10. Options to increase public participation in the Council Finance Committee.
Laurel Prevetti, Town Manager, presented the staff report.
Opened Public Comment.
Terry Duryea
- Read a letter from Peter Hertan.
Lee Fagot
- Commented in favor of adding three residents to the Council Finance Committee.
Closed Public Comment.
PAGE 4 OF 8
SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF FEBRUARY 21, 2017
DATE: FEBRUARY 22, 2017
Other Business Item #10 – continued
Council discussed the matter.
MOTION: Motion by Council Member Barbara Spector to 1) add three non-voting
members, who are residents of the Town, to the Committee with the
financial qualifications that are the same or similar as on page 3 of the
staff report, and the initial term would be for three years for each; and 2)
recruitment will be done in conjunction with the ongoing recruitment so
the appointed members can participate in the next meeting to take place
in March. Seconded by Council Member Marcia Jensen.
VOTE: Motion passed unanimously.
11. Fiscal Year 2016/17 Mid-Year Budget Performance and Status Report - Six months ending
December 31, 2016.
a. Receive the Fiscal Year (FY) 2016/17 Mid-Year Budget Performance and Status
Report, including FY 2016/17 year-end projections;
b. Consider authorizing budget adjustments as recommended in the attached second
quarter budget performance report;
c. Receive the Town’s five-year financial projection from FY 2017/18 to FY 2021/22;
d. Approve a resolution transferring $1,984,402 million excess balance from the Budget
Stabilization Reserve to the CalPERS Reserve; and RESOLUTION 2017-005
e. Approve the updated General Fund Reserve Policy to rename the CalPERS Reserve to
encompass all post-employment liabilities by changing its title to CalPERS/OPEB
Reserve. POLICY 4-03
Steve Conway, Finance Director, presented the staff report.
Opened and closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Marcia Jensen to approve the
recommendations contained in the staff report. Seconded by Vice
Mayor Rob Rennie.
VOTE: Motion passed unanimously.
PAGE 5 OF 8
SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF FEBRUARY 21, 2017
DATE: FEBRUARY 22, 2017
PUBLIC HEARINGS
12. Fee and Fine Schedule
a. Adopt a resolution approving the Comprehensive Fee Schedule for FY 2017/18 to
continue certain department fees, rates, and charges, and amending certain fees,
rates, and charges for FY 2017/18. RESOUTION 2017-006
b. Adopt a resolution approving the Comprehensive Fine Schedule for FY2017/18 to
continue certain department fines, and amending certain fines for FY 2017/18.
RESOUTION 2017-007
Gitta Ungvari, Finance and Budget Manager, presented the staff report.
Opened Public Comment.
Angelia Doerner
- Requested copies of all public documents for the cost recovery scenarios that have been
prepared for the parking permit process.
Tom Boyce
- Requested outreach to the affected residents for the parking permit cost increase.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Marcia Jensen to A) adopt a resolution
approving the Comprehensive Fee Schedule for FY 2017/18 to continue
certain department fees, rates, and charges, and amending certain fees,
rates, and charges for FY 2017/18 with the change that the proposed
increase to parking permit fees be deferred until such time as the Policy
Committee completes their review of the program and brings a
recommendation to Council; and B) adopt a resolution approving the
Comprehensive Fine Schedule for FY2017/18 to continue certain
department fines, and amending certain fines for FY 2017/18. Seconded
by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
PAGE 6 OF 8
SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF FEBRUARY 21, 2017
DATE: FEBRUARY 22, 2017
OTHER BUSINESS
13. Approve the plans and specifications and authorize bidding for the Almond Grove Phase II
Project.
Lisa Petersen, Town Engineer, presented the staff report.
Opened Public Comment.
Angelia Doerner
- Commented on the utility upgrade schedule.
Tom Boyce
- Thanked the Council for listening to the residents and urged Council to accept the staff
recommendation.
Terry Durya
- Inquired if the Town can afford to pave asphalt streets that are in good condition with
concrete.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Steve Leonardis to approve the plans and
specifications and authorize bidding for the Almond Grove Phase II
Project and omitting Section 2 on Bean Avenue and Section 3 on
Nicholson as shown on Exhibit A to the September 6, 2016 staff
presentation. Seconded by Council Member Barbara Spector.
VOTE: Motion failed 2/3. Mayor Marico Sayoc, Vice Mayor Rob Rennie, and
Council Member Marcia Jensen voting no.
MOTION: Motion by Council Member Marcia Jensen to approve the plans and
specifications and authorize bidding for the Almond Grove Phase II
Project, excluding Sections 1, 2, and 3 as shown on Exhibit A to the
September 6, 2016 staff presentation . Seconded by Vice Mayor Rob
Rennie.
VOTE: Motion passed 3/2. Council Members Steve Leonardis and Barbara
Spector voting no.
PAGE 7 OF 8
SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF FEBRUARY 21, 2017
DATE: FEBRUARY 22, 2017
Recess at 9:30 p.m.
Reconvened at 9:28 p.m.
PUBLIC HEARINGS
14. Conditional Use Permit Application U-16-005. Project Location: 140 S. Santa Cruz Avenue.
Property Owner: Michael Mohr – COO Metwest Properties, LLC. Applicant: LG Hotel LLC
D.B.A. Toll House. Consider a request to modify an existing Conditional Use Permit to allow
entertainment before 10:00 p.m. on property zoned C-2:PD. APNs 510-45-064 and-065.
Sally Zarnowitz, Planning Manager, presented the staff report.
Opened Public Comment.
Jim Gerney, Regional Manager Toll House Hotel, and Alex Salter, applicant
- Commented on the application
Tom Richards
- Commented in opposition to the application.
Mike Verga
- Commented in opposition to the application.
Gillian Verga
- Commented in opposition to the application.
Dr. Kim E. Karloff
- Commented in opposition to the application.
Catherine Somers, Los Gatos Chamber of Commerce Executive Director
- Commented in support of the application.
Angelia Doerner
- Commented in support of the application.
Jim Gerney, applicant
- Addressed comments.
Closed Public Comment.
Council discussed the matter.
PAGE 8 OF 8
SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF FEBRUARY 21, 2017
DATE: FEBRUARY 22, 2017
Public Hearing Item #14 – continued
MOTION: Motion by Council Member Marcia Jensen to 1) accept the Planning
Commission recommendation to allow the modification, 2) require the
project to conform with the current entertainment policy, 3) require that
noise meters be permanently installed per the noise study, 4) require
that the data be collected, be transferred to the Town, and the data be
posted, 5) identify a trial period the allowance of the amplification for
Friday, Saturday, and Sunday, 6) return to Planning Commission for
review in September, 6) add a penalty condition consistent with the noise
ordinance: warning, then $500 fee, then immediate hearing with
immediate suspension of entertainment until the hearing, and 7) require
verification by the Town with a Town noise meter Seconded by Vice
Mayor Rob Rennie.
VOTE: Motion failed 2/3. Mayor Marico Sayoc and Council Members Steve
Leonardis and Barbara Spector voting no.
MOTION: Motion by Mayor Marico Sayoc to change the CUP pursuant to an
operator's agreement that would list the conditions from the Planning
Commission and those that were discussed by Council, including
entertainment limited to Friday, Saturday, and Sunday, noise
assessments in place a monitoring assessment period of nine months,
penalties during the 9 months (warning, $500 fine, immediate hearing),
and return in nine months for review. Staff to return to Council with a
draft operator’s agreement at the March 7, 2017 Council meeting.
Seconded by Vice Mayor Rob Rennie.
VOTE: Motion passed 3/2. Council Members Steve Leonardis and Barbara
Spector voting no.
ADJOURNMENT
The meeting adjourned at 11:51 p.m.
Attest:
_____________________________________
/s/ Shelley Neis, Clerk Administrator