M06-16-2015
Town Council Meeting 08/04/15
Item #1a
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING
JUNE 16, 2015
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday,
June 16, 2015, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Steve
Leonardis, Council Member Rob Rennie, Council Member Marico Sayoc.
Absent: None
PLEDGE OF ALLEGIANCE
Anthony Martin led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Jensen presented the Small Business, Big Applause commendation to Los
Gatos Tire and Auto Repair.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Steve Leonardis stated he attended the West Valley Sanitation
District (WVSD) Board of Directors and Treatment Plant Advisory Committee
meetings, and the Teresita Pump Station project neighborhood meeting with San
Jose Water Company. He requested the pump station proposal be put on a future
agenda.
- Mayor Marcia Jensen stated she attended the Council Policy Committee and the
Conceptual Development Advisory Committee (CDAC) meetings.
- Vice Mayor Barbara Spector stated she attended the Council Policy Committee and
th
CDAC meetings; the 50 Celebration of the American Cancer Society Discovery
Store, the opening of New Museums of Los Gatos (NUMU) and the Friends of the
Library, and the opening and ribbon cutting of Palo Alto Medical Foundation
building.
- Council Member Rob Rennie on behalf of the Beautification Committee requested
that the topic of choosing a Town tree and flower be placed on a future agenda.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council Minutes of June 2, 2015
2. Approve Town Council Meeting Schedule for 2015/2016 Fiscal Year
3. FY 2014/15 Quarterly Investment Report (January through March 2015)
4. Adopt resolution establishing the FY 2015/16 GANN appropriation limit for the
RESOLUTION 2015-035
Town of Los Gatos
Consent Items – continued
5. Authorize the Town Manager to execute a five year agreement for consultant
services with Project Sentinel for Tenant/Landlord Rental Dispute Resolution
Services in an amount not to exceed $34,000 annually and $170,000 over the
life of the agreement
6. 15400 Los Gatos Boulevard
Staff recommends that the Town Council:
a. Adopt a resolution accepting the completed work of W.L. Butler
RESOLUTION 2015-036
Construction, Inc.
b. Authorize the Town Manager to execute a Certificate of Acceptance
and Notice of Completion for recording by the Clerk Administrator
7. Tract No. 10129 – 16005 Los Gatos Boulevard and 625 Blossom Hill Road
Staff recommends that the Town Council
a. Adopt a resolution accepting the completed work of D.R. Horton Bay,
RESOLUTION 2015-
Inc. a Delaware Corporation for Tract No.10129
037
b. Authorize the Town Manager to execute a Certificate of Acceptance
and Notice of Completion for recording by the Clerk Administrator
8. Accept Donations in the aggregate amount of $38,528.64 for FY 2014/15
from the Los Gatos/Monte Sereno Police Foundation for equipment, supplies,
training materials, and support for the Los Gatos/Monte Sereno Police
Department.
9. Authorize the Town Manager to execute a third amendment to the agreement
for services with Sunnyvale Building Maintenance for a three-month period in
an amount not to exceed $33,000
10. Authorize the Town Manager to execute agreements with the County of Santa
Clara for:
a. Countywide household hazardous waste collection program
b. AB939 implementation fee collection and distribution
Council Member Steve Leonardis pulled item #8.
MOTION: MotionCouncil Member Steve Leonardis
by to approve consent
SecondedCouncil
items 1 through 7 and 9 through 10. by
Member Marico Sayoc.
VOTE: Motionpassed unanimously.
VERBAL COMMUNICATIONS
Mayor Jensen moved verbal communications to the end of the meeting.
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Town Council/Parking Authority June 16, 2015
Pulled Consent Item #8
8. Accept Donations in the aggregate amount of $38,528.64 for FY 2014/15
from the Los Gatos/Monte Sereno Police Foundation for equipment, supplies,
training materials, and support for the Los Gatos/Monte Sereno Police
Department.
Opened Public Comment at 7:13 p.m.
Steve Rice, Los Gatos/Monte Sereno Police Foundation Treasurer
- Commented that he would be available to answer any questions that Council had
about the donations received throughout the year.
Closed Public Comment at 7:18 p.m.
Council discussed the matter.
MOTION: MotionMayor Marcia Jensen
by to accept the donation in the
aggregate amount of $38,528.64 for FY 2014-15 from the Los
Gatos-Monte Sereno Police Foundation for equipment, supplies,
training materials, and support for the Los Gatos-Monte Sereno
SecondedCouncil Member Steve
Police Department. by
Leonardis.
VOTE: Motionpassed unanimously
PUBLIC HEARINGS
11. 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 2015-038
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 2015-039
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 2015-040
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 2015-041
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Town Council/Parking Authority June 16, 2015
Public Hearing Item #11 – continued
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 2015-042
f. Adopt resolution confirming the diagram and assessments, and levying
and authorizing collection of assessments for Landscape and Lighting
RESOLUTION
Assessment District No. 2 - Gemini Court Benefit Zone
2015-043
Opened Public Comment at 7:25 p.m.
Bill Hirschman
- Requested that this item be continued to give residents (Kennedy Meadows) the
opportunity to work with staff as they only received notification on June 11.
Closed Public Comment at 7:28 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to adopt the
resolutions as recommended on page 2 of the staff report, with the
exception of Kennedy Meadows. The assessment district for
Kennedy Meadows will continue with a zero assessment for the
SecondedCouncil Member Marico Sayoc.
upcoming year. by
VOTE: Motionpassed unanimously.
MOTION: MotionCouncil Member Steve Leonardis
by to direct staff to
work directly with the residents of the Kennedy Meadows district
and bring a report back to Council within six months or at the mid-
SecondedCouncil Member
year budget review meeting. by
Marico Sayoc.
VOTE: Motionpassed unanimously.
OTHER BUSINESS
12. Police Services Contract between the Town of Los Gatos and City of Monte
Sereno
a. Authorize the Interim Town Manager to execute a ten year agreement
for Police Services by the Town of Los Gatos to the City of Monte
Sereno in exchange for a renegotiated amount of $812,800 for FY
2015/16 increasing annually thereafter
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Town Council/Parking Authority June 16, 2015
Other Business Item #12 – continued
b. Authorize a FY 2015/16 budget revenue adjustment of $140,000 in
consideration of these additional revenues
Les White, Interim Town Manager, presented the staff report.
Opened Public Comment at 7:45 p.m.
Stephanie Hecker – did not speak.
John Shepardson
- Requested more detailed information on the cost to the Town for the contract.
Closed Public Comment at 7:51 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to approve the staff
recommendations, with a one year contract term.
VOTE: Motion failed for lack of a second.
MOTION: MotionMayor Marcia Jensen
by to approve the staff
SecondedCouncil Member Rob Rennie.
recommendations. by
VOTE: Motionpassed 4/1. Council Member Steve Leonardis voting
no.
Items 13 and 14 discussions were combined as one agenda item. The public testimony
for both items follows item 14 and the motions for each item follow the item.
13. PPW Job No. 13-27- FY 2014/15 Annual Street Repair and Resurfacing
Project And Pavement Rehabilitation – Crack Seal 811-9901 and 811-9903
Staff recommends that the Town Council:
a. Approve plans and specifications for the Annual Street Repair and
Resurfacing & Pavement Rehabilitation – Crack Seal Project and
authorizing the Town to advertise the project for bid.
b. Authorize the Town Manager to award and execute a construction
agreement in an amount not to exceed the available budgeted amount
of $1,879,967 including contingencies.
c. Authorize staff to execute future change orders in an amount not to
exceed fifteen percent of the contract award amount.
(Deferred from 6/2/15 to be heard with Budget)
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Town Council/Parking Authority June 16, 2015
Public Hearing Items #13 and #14 – continued
Lisa Petersen, Town Engineer, presented the staff report in conjunction with the Capital
Improvement Program report.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to approve
Alternative 1 in the staff report ($900,000), with the exception of
Kennedy Road, exempting from Stonybrook to Teresita and the
remainder of the funds be allocated to the Almond Grove Street
Repaving project.
VOTE: Motionfailed for lack of a second.
MOTION: MotionCouncil Member Steve Leonardis
by to approve
Alternative 1 in the staff report and the remainder of the funds be
Seconded
allocated to the Almond Grove Street Repaving project.
Vice Mayor Barbara Spector.
by
VOTE: Motionpassed 3/2. Mayor Marcia Jensen and Council Member
Marico Sayoc voting no.
PUBLIC HEARINGS
14. Town of Los Gatos Fiscal Year 2015/16 Operating Budget and FY 2014/15 –
FY 2018/19 Capital Improvement Program (CIP), New Appropriations, and
other Approved Adjustments and Minor Corrections
a. Consider the Town of Los Gatos Proposed Operating and Capital
Budget for Fiscal Year 2015/16
b. Provide direction regarding any of the following changes to the Fiscal
Year 2015/16 Operating and Capital Budget or the 2016-2020 Capital
Improvement Program Budget:
i. Authorization to adjust General Fund expenditures and
revenues by $164,000 to fund an entry level Officer
ii. Authorization to create an Operating Budget Reserve with
$300,000 of unspent FY 2014/15 dollars.
c. Adopt resolution approving Operating Budget for Fiscal Year 2015/16
RESOLUTION 2015-044
d. Consider the Town of Los Gatos Proposed Capital Budget for Fiscal
Years 2016-2020
e. Adopt resolution approving the Capital Improvement Program Budget
RESOLUTION 2015-045
for Fiscal Years 2016-2020
(Continued from 6/2/15)
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Town Council/Parking Authority June 16, 2015
Public Hearing Items #13 and #14 – continued
Steve Conway, Finance Director, and Matt Morley, Parks and Public Works Director,
presented the staff report.
Opened Public Comment at 8:16 p.m.
Tom Boyce
- Suggested Council use a bare bones approach to the Almond Grove repaving
project.
Lynn Brandhorst
- Commented that he would be speaking under Verbal Comments.
Clay Slocum
- Commented on the Almond Grove Repaving Project and offered his services and
resources to the Town to substantiate the use of concrete.
Robert Cowan
- Stated he would wait and speak when the Almond Grove Repaving Project is on the
agenda.
John Shepardson
- Commented on the budget.
Sara Walker
- Commented on the condition of the turf at Bachman Park.
Angelia Doerner
- Commented on the condition of the Almond Grove streets.
Closed Public Comment at 8:36 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to not approve the
$164,000 for the new police officer position or the $300,000 for an
Operating Budget Reserve and reallocate those funds to the
SecondedVice
Almond Grove Street Repaving Project fund. by
Mayor Barbara Spector
.
VOTE: Motionpassed 4/1. Mayor Marcia Jensen voting no.
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Town Council/Parking Authority June 16, 2015
Public Hearings Items #13 and #14 – continued
MOTION: MotionVice Mayor Barbara Spector
by to approve the Operating
Budget, and encompassing all motions made in the prior meetings.
SecondedCouncil Member Marico Sayoc.
by
VOTE: Motionpassed 4/1. Council Member Steve Leonardis voting
no.
MOTION: MotionCouncil Member Steve Leonardis
by that the non-critical
Capital Improvement Projects (CIP) that amount to approximately
$800,000 be brought back to Council during the Almond Grove
Repaving Project discussion as funds to be allocated potentially to
SecondedVice Mayor Barbara
the Almond Grove project. by
Spector.
VOTE: Motionpassed 4/1. Mayor Marcia Jensen voting no.
MOTION: MotionCouncil Member Marico Sayoc
by to adopt a resolution
approving the CIP Budget for FY 2016-2020, with the exception of
SecondedCouncil
the $800,000 from the prior motion. by
Member Steve Leonardis.
VOTE: Motionpassed unanimously.
Recess called at 9:28 p.m.
Reconvened at 9:43 p.m.
15. Water Conservation
a. Extend the Water Conservation Urgency Ordinance for ten months,
fifteen days
b. Review options and provide direction on water use reduction in Town
parks
(Continued from 6/2/15)
Opened Public Comment at 9:52 p.m.
Rachael Gibson, Santa Clara Valley Water District
- Commended the Town for taking action in May and encouraged Council to support
the staff recommendation as well as additional requirements in the urgency
ordinance.
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Town Council/Parking Authority June 16, 2015
Public Hearing Item #15 – continued
Sara Walker
- Commented on the lack of water at Bachman Park.
Diane Siemens
- Commented on the lack of water at Bachman Park.
John Shepardson
- Commented on the drought and encouraged residents to contact the Water District
for water saving devices.
Closed Public Comment at 10:00 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Marico Sayoc
by to extend the Water
Conservation Urgency Ordinance for 10 months 15 days.
SecondedMayor Marcia Jensen.
by
VOTE: Motionpassed unanimously.
Council Member Rob Rennie recused himself from the Bachman Park discussion due to
proximity.
MOTION: MotionCouncil Member Steve Leonardis
by to change Zone 1 to
Zone 2 at Bachman Park to provide more water to that area and
turn off the sprinklers at the triangle median at Los Gatos-Almaden
SecondedVice Mayor
Road and Los Gatos Boulevard. by
Barbara Spector.
VOTE: Motionpassed 3/1. Mayor Marcia Jensen voting no and
Council Member Rob Rennie recused.
16. Conditional Use Permit U-13-012, Subdivision Application M-13-004, and
Architecture and Site Applications S-13-020 through S-13-027. Property
Location: 258 Union Avenue. Applicant: Chris Kummerer. Property
Owner/Appellant: Valley One Investment, LLC.
Consider an appeal of the decision of the Planning Commission approving a
request to construct eight residential condominiums on property zoned C-1.
RESOLUTION 2015-046
APN 527-44-012 and 527-44-013
(Continued from 6/2/15)
Joel Paulson, Planning Manager, presented the staff report.
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Town Council/Parking Authority June 16, 2015
Public Hearing Item #16 – continued
Lee Quintana, appellant, spoke on the project.
Opened Public Comment at 10:54 p.m.
Chris Kummerer, applicant, spoke on the project.
John Yeager
- Requested Council to grant the appeal and send it back to the Planning
Commission.
Shigong Liu
- Commented on the density of the project.
Maureen Heberling
- Commented on the density of the project.
Jeff Loughridge
- Commented on the process.
Shawn Wang and Chris Kummerer, applicants, addressed comments.
Lee Quintana, appellant, addressed comments.
Closed Public Comment at 11:13 p.m.
Council discussed the matter.
MOTION: MotionMayor Marcia Jensen
by to grant the appeal and remand
to the Planning Commission and adopt the draft resolution in
Attachment 12.
VOTE: Motionfailed for lack of a second.
MOTION: MotionVice Mayor Barbara Spector
by to grant the appeal and
send back to the Planning Commission on the basis that they didn't
apply the Conditional Use Permit (CUP) criteria and the
Architecture and Site (A&S) criteria appropriately for this site, to
reduce the number of units, reduce the mass and height of the units
along the rear, and take into consideration in making those the
changes the testimony of the neighboring property owners.
SecondedMayor Marcia Jensen.
by
VOTE: Motionpassed 4/1. Council Member Marico Sayoc voting no.
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Town Council/Parking Authority June 16, 2015
OTHER BUSINESS
17. Authorize the Interim Town Manager to execute a lease agreement between
the Town of Los Gatos and the Friends of the Los Gatos Public Library
Opened and closed Public Comment at 11:35 p.m.
MOTION: MotionCouncil Member Marico Sayoc
by to approve the staff
SecondedCouncil Member
recommendation in the staff report. by
Steve Leonardis.
VOTE: Motionpassed unanimously.
18. PPW Job No. 14-815-9930 – Retaining Wall Repairs-Jackson Street Project
FY14- 815-9930
Staff recommends that the Town Council:
a. Approve plans and specifications for retaining wall repairs - Jackson
Street and authorize the Town to advertise the project for bid.
b. Authorize the Town Manager to award and execute a construction
agreement in an amount not to exceed the total budgeted amount of
$648,584, including contingencies and any change orders
c. Authorize a budget adjustment of $97,945 from the guardrail
replacement project, $33,000 from the equipment replacement fund
and $100,000 from the general fund appropriated reserve (GFAR) fund
balance to project 411-812-0120 retaining wall repairs – Jackson
Street.
Opened and closed Public Comment at 11:38 p.m.
MOTION: MotionCouncil Member Steve Leonardis
by to approve staff
SecondedCouncil
recommendations in the staff report. by
Member Rob Rennie.
VOTE: Motionpassed unanimously.
19. Authorize the Town Manager to execute a revised cooperative agreement
between the Town of Los Gatos, the City of Saratoga, and the Santa Clara
Valley Water District to increase the insurance requirements for the
replacement of bridges on Quito Road – PPW Job No. 01-12
Opened and closed Public Comment at 11:40 p.m.
Council discussed the matter.
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Town Council/Parking Authority June 16, 2015
Other Business Item #19 – continued
MOTION: MotionCouncil Member Steve Leonardis
by to approve staff
SecondedCouncil
recommendations in the staff report. by
Member Rob Rennie.
VOTE: Motionpassed unanimously.
20. Approve the project list for submission to the Metropolitan Transportation
Commission and the Valley Transportation Authority for the Plan Bay Area
and Valley Transportation Plan 2040 programs
Matt Morley, Parks and Public Works Director, presented the staff report.
Opened Public Comment at 11:53 p.m.
John Shepardson
- Commented on the process.
Closed Public Comment at 11:55 p.m.
Council discussed the matter.
MOTION: MotionMayor Marcia Jensen
by to approve the Plan Bay Area
and Valley Transportation 2040 draft list with the following changes:
1) eliminate those items with respect to Highway 85 that are
recommended “no” in the right hand column on page 1 of the
attachment; 2) eliminate the two landscape median items at the
bottom of page 1; 3) eliminate the Los Gatos Gateway feature at
Samaritan Drive; 4) eliminate the Wood Road Gateway feature on
Santa Cruz Avenue on page 2; 5) include a pedestrian bridge from
the trail to the sports complex; and 6) include a long term traffic
SecondedCouncil
study as summarized by Ms. Prevetti. by
Member Steve Leonardis.
VOTE: Motionpassed unanimously.
MOTION: MotionCouncil Member Steve Leonardis
by to continue the
SecondedCouncil Member Marico
meeting past midnight. by
Sayoc.
VOTE: Motionpassed unanimously.
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Town Council/Parking Authority June 16, 2015
VERBAL COMMUNICATIONS
Craig Elliott did not speak.
Bruce McCombs
- Commented on behalf of the neighbors on the proposed relocation of the pump
station on Teresita Way.
Maria Ristow
- Commented on behalf of the Broadway Historic District neighbors and in favor of
concrete streets.
Lynn Brandhorst
- Commented on behalf of the Broadway Historic District neighbors and in favor of
concrete streets.
Jeff Loughridge
- Commented on the height limitation imposed on the North 40 project.
John Shepardson
- Encouraged the use of more bike cages and racks; suggested making Santa Cruz
Avenue one way; commented on water management; suggested having staff
salaries available; commended the Friends of the Library store; and commented on
having a third party independent review of police services.
ADJOURNMENT
The meeting adjourned at 12:22 a.m.
Attest:
_____________________________________
/s/ Shelley Neis, Clerk Administrator
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Town Council/Parking Authority June 16, 2015