M02-02-16
Town Council Meeting 02/16/16
Item #1b
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING
FEBRUARY 2, 2016
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday,
February 2, 2016, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Barbara Spector, Vice Mayor Marico Sayoc, Council Member Marcia
Jensen, Council Member Steve Leonardis, Council Member Rob Rennie.
Absent: None
PLEDGE OF ALLEGIANCE
Stella Farwell led the Pledge of Allegiance. The audience was invited to participate.
CLOSED SESSION REPORT
Robert Schultz, Town Attorney, stated there is no report.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Mayor Spector presented a commendation to South Bay Farmers’ Market owners
Melanie Defe and SuEllen Sterling in appreciation of their work the last 24 years.
- Council Member Marcia Jensen stated she attended the Route 85 Policy Advisory
Committee meeting, the Policy Committee meeting along with Vice Mayor Marico
Sayoc, and the Santa Clara Valley Water District Board meeting.
- Council Member Rob Rennie stated he attended the Housing and Community
Development Advisory Committee meeting and the League of Cities dinner.
- Mayor Barbara Spector stated she attended the Finance Committee meeting with
Council Member Steve Leonardis, ribbon cuttings for Lone Star Lending and We
Olive, the West Valley and North County Mayors meeting at the Silicon Valley
Leadership Group, and invited all to attend the State of the Town message on
March 1.
- Vice Mayor Marico Sayoc stated she attended the swearing in of the new police
officer and the Policy Committee meeting.
- Council Member Steve Leonardis stated he attended the Housing and Community
Development Advisory Committee meeting and the Finance Committee meeting.
Manager Matters
- Announced the Library anniversary celebration will be held on February 11, from
4:00 to 5:30 p.m. and invited the public to attend.
- Announced recruitment has is ongoing for vacancies for adult Commissioners on
the Arts & Culture Commission, General Plan Committee, Transportation & Parking
Commission; and for Student Commissioners to serve on the Community & Senior
Services Commission, Library Board, Parks Commission, and Youth Commission.
- Announced the new Art in the Council Chamber exhibit by the Los Gatos High
School Advanced Art Painting class has been installed and the reception is
Thursday, February 4, 2016, from 6:00 to 7:30 p.m. in the Council Chamber. All are
invited to attend.
1. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1.1. Approve Council minutes of January 19, 2016.
1.2. Authorize the Town Manager to execute a Certificate of Acceptance and Notice
of Completion accepting the work of Casey Construction, Inc. and authorize
recording by the Clerk Administrator for PPW Job No. 15-816-0412 Frank
Avenue Storm Drain Improvement Project.
1.3. Authorize the Town Manager to execute a Certificate of Acceptance and Notice
of Completion accepting the work of Graniterock Company and authorize
recording by the Clerk Administrator for PPW Job No. 14-815-9930 Retaining
Wall Repairs-Jackson Street Project.
1.4. Authorize the Town Manger to execute a three year agreement for services with
Los Gatos Music and Arts to provide operation of the Jazz on the Plazz
Summer Concert series through September 2018.
1.5. Music in the Park
A. Authorize the Town Manger to execute a two year agreement for services
with Los Gatos Community Concerts to provide operation of the Music in the
Park Summer Concert Series through September 3, 2017.
B. Authorize expenditure and revenue budget adjustments in the amount of
$6,000 for the annual reimbursement to Los Gatos Community Concerts. This
will be funded from the Music in the Park deferred revenue balance of
approximately $6,400.
1.6. Authorize the Town Manager to negotiate a use agreement with California
Farmers’ Markets Association to provide operation of the Los Gatos Downtown
Farmers’ Market from March 21, 2016 through December 31, 2018 with two,
three year options to extend the term.
MOTION: MotionVice Mayor Marico Sayoc
by to approve Consent Items
SecondedCouncil Member Steve Leonardis.
1.1 through 1.6. by
VOTE: Motionpassed unanimously.
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Town Council/Parking Authority February 2, 2016
VERBAL COMMUNICATIONS
Anne Robinson
- Commented on the Charter Oaks Drive and Lark Avenue intersection and asked
how the $350,000 from the Albright settlement is to be used.
2. PUBLIC HEARINGS
2.1. COMMUNITY CHOICE ENERGY
A. Conduct a public hearing for an introduction and first reading of Ordinance
2250 (summarized) to authorize the implementation of a Community Choice
Aggregation (CCA) program.
B. Adopt a Resolution to approve the Joint Powers Authority (JPA) Agreement
(attachment 2) establishing and authorizing participation in the Silicon Valley
RESOLUTION 2016-002
Clean Energy Authority.
C. Authorize the Town Manager to remit up to $150,000 to the Silicon Valley
Clean Energy Authority to support the initial costs of the Authority.
D. Approve the appropriation of $150,000 from Fiscal Year 2014/15 year end
savings to support funding the initial costs of the JPA.
E. Appoint a Council Member as the Town Representative to the JPA and an
alternate representative.
Matt Morley, Parks & Public Works Director, presented the staff report.
Opened Public Comment at 7:33 p.m.
Mike Balma
- Commented in favor of the program.
Bruce Karney, Carbon Free Mountain View
- Commented in favor of the program.
Angelia Doerner
- Commented on the program and suggested more outreach to the public should be
done.
Closed Public Comment at 7:42 p.m.
Council discussed the matter.
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Town Council/Parking Authority February 2, 2016
Public Hearing Item 2.1 – continued
MOTION: MotionVice Mayor Marico Sayoc
by to 1) conduct a Public
Hearing for an introduction and first reading of Ordinance 2250
(summarized) to authorize the implementation of a Community
Choice Aggregation (CCA) program by title only (Attachment 1); 2)
adopt a Resolution to approve the Joint Powers Authority (JPA)
Agreement (Attachment 2) establishing and authorizing
participation in the Silicon Valley Clean Energy Authority; 3)
authorize the Town Manager to remit up to $150,000 to the Silicon
Valley Clean Energy Authority to support the initial costs of the
Authority; 4) approve the appropriation of $150,000 from Fiscal
Year 2014/15 year end savings to support funding the initial costs
of the JPA; and 5) appoint a Council Member as the Town
representative to the JPA and an alternate representative.
SecondedCouncil Member Rob Rennie.
by
VOTE: Motionpassed 4/1. Council Member Steve Leonardis voting
no.
Mayor Spector requested that those Council Members interested in representing the
Town on the JPA to submit their name to her by Wednesday, February 3 and she will
make the appointments.
MOTION: MotionVice Mayor Marico Sayoc
by to direct the Clerk
Seconded
Administrator to read the title of the ordinance. by
Mayor Barbara Spector.
VOTE: Motionpassed 4/1. Council Member Steve Leonardis voting
no.
The Clerk Administrator read the title of the ordinance.
2.2. MEDICAL MARIJUANA CULTIVATION AND DELIVERY:
A. Adopt an Ordinance of the Town Council of the Town of Los Gatos amending
Los Gatos Municipal Code Title 18, Section 14.120 Prohibiting the
establishment of medical marijuana dispensaries, to further prohibit marijuana
cultivation and deliveries.
B. Adopt an Urgency Ordinance of the Town Council of the Town of Los Gatos
amending Los Gatos Municipal Code title 18, Section 14.120 Prohibiting the
establishment of medical marijuana dispensaries, to further prohibit marijuana
ORDINANCE 2251
cultivation and deliveries.
Rob Schultz, Town Attorney, presented the staff report.
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Town Council/Parking Authority February 2, 2016
Public Hearing Item 2.2 – continued
Opened and closed Public Comment at 7:51 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Marcia Jensen
by to waive the reading
of the Ordinance and Urgency Ordinance and ask the Clerk
Administrator to read the title of the proposed Ordinances.
SecondedCouncil Member Rob Rennie.
by
VOTE: Motionpassed unanimously.
The Clerk Administrator read the title of the ordinance.
MOTION: MotionCouncil Member Marcia Jensen
by to introduce the
Ordinance of the Town of Los Gatos amending Los Gatos
Municipal Code Title 18, Section 14.120, prohibiting the
establishment of medical marijuana dispensaries, to further prohibit
SecondedCouncil
marijuana cultivation and deliveries. by
Member Rob Rennie.
VOTE: Motionpassed unanimously.
MOTION: MotionCouncil Member Marcia Jensen
by to adopt an Urgency
Ordinance of the Town of Los Gatos amending Los Gatos
Municipal Code Title 18, Section 14.120, prohibiting the
establishment of medical marijuana dispensaries, to further prohibit
SecondedMayor Barbara
marijuana cultivation and deliveries. by
Spector.
VOTE: Motionpassed unanimously.
The Clerk Administrator read the title of the urgency ordinance.
2.3. Town Code amendment A-15-004. Formula Retail Definition. Introduce an
Ordinance adopting amendments to Section 29.10.020 of Chapter 29 (Zoning
Regulations - Definitions) of the Town Code to revise the definition of a formula
retail business.
Monica Renn, Economic Vitality Manager, presented the staff report.
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Town Council/Parking Authority February 2, 2016
Public Hearing Item 2.3 – continued
Opened and closed Public Comment at 8:01 p.m.
Council discussed the matter.
MOTION: MotionVice Mayor Marico Sayoc
by to amend Town Code
Section 29.10.020 to omit the formula retail definition completely.
SecondedCouncil Member Marcia Jensen.
by
VOTE: Motionfailed 2/3. Mayor Barbara Spector, Council Member
Steve Leonardis, and Council Member Rob Rennie voting no.
MOTION: MotionCouncil Member Marcia Jensen
by not to move forward
with a modification to the Code at this time, and instead refer the
question of a ratio of formula and smaller retail to the Policy
SecondedCouncil Member
Committee for further examination. by
Steve Leonardis.
VOTE: Motionpassed unanimously.
3. OTHER BUSINESS
3.1. Endorse the draft Preferred Allocation of 2016 Transportation Sales Tax
Measure funds with discretion for the Mayor and Town Manager to advocate the
Town’s position and refine the draft allocation in coordination with nine West
and North Valley cities.
Matt Morley, Parks & Public Works Director, presented the staff report.
Opened Public Comment at 8:34 p.m.
Carl Guardino, Silicon Valley Leadership Group
- Commented on the proposed sales tax measure and the allocation of funds.
Lee Pennington
- Commented against the sales tax and in favor of a comprehensive West Valley
study and that all environmental impacts are addressed.
Closed Public Comment at 8:48 p.m.
Council discussed the matter.
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Town Council/Parking Authority February 2, 2016
Other Business Item 3.1 – continued
MOTION: MotionVice Mayor Marico Sayoc
by to:
1) do not endorse the allocation at this time;
2) give discretion to the Mayor and Town Manager to advocate for
the Town’s position;
3) the Town’s position is consistent with the goals and strategies as
contained in Study Session Attachment 5 (Goals and Strategies)
but also the strategies and goals in the Town’s General Plan as
well as the work plans. These priorities include keeping regional
traffic on freeways so as not to cut through Town, and upgrading
pedestrian and bicycle mobility;
4) don’t do anything that would harm the community adjacent to
Highway 85. We are looking at what those studies are studying to
ensure we don’t tie our hands one way or another;
5) do not endorse a sales tax measure at this time; and
6) continue the discussion and gather information so that when it’s
the appropriate time, we can make a decision that is best for Los
SecondedCouncil Member Marcia Jensen.
Gatos. by
VOTE: Motionpassed unanimously.
3.2. Hillside Development Standards and Guidelines modifications. Applicant: Town
of Los Gatos
Adopt a Resolution to amend Chapter II (Constraints Analysis and Site
Selection) and Chapter V (Architectural Design) of the Hillside Development
RESOLUTION 2016-003 for the Reflectivity Only.
Standards and Guidelines.
Jocelyn Puga, Assistant Planner, presented the staff report.
Opened Public Comment at 9:11 p.m.
Dan Hale
- Commented in favor of averaging and including the roof in the averaging.
Lee Quintana
- Recommended it be returned to staff for further work and recommended a
maintenance agreement as opposed to deed restriction.
Dave Weismann
- Commented on statements in the Desk Item and recommended that it be referred
back to staff.
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Town Council/Parking Authority February 2, 2016
Other Business Item 3.2 – continued
Steve Abbs, Davidon Homes
- Commented in favor of the proposed changes.
Sandy Decker
- Commented in favor of a 15% viewable area in place of the 25% currently.
Dennis Razari, Davidon Homes
- Commented on the deed restrictions and mitigation planting, and commended staff
and the Planning Commission for their work.
Closed Public Comment at 9:49 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Marcia Jensen
by to return the
Standards and Guidelines to staff with the following direction: 1)
delete the asterisks and include the language in the document; 2)
examine consistency in language (e.g. the words view vs. visibility);
3) with regard to screening include more specific language for
analysis of screening; 4) require a maintenance agreement; and 5)
AMENDMENT
look at view corridors, but not so narrowly. : to follow
SecondedMayor Barbara
the Tree Ordinance closely. by
Spector.
VOTE: Motionpassed unanimously.
MOTION: MotionCouncil Member Marcia Jensen
by to adopt the color
analysis reflectivity level as recommended by the Planning
Commission and specifically exclude the suggestion that we
SecondedMayor Barbara Spector.
include roofs. by
VOTE: Motionpassed unanimously.
Recess at 10:05 p.m.
Reconvened at 10:15 p.m.
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Town Council/Parking Authority February 2, 2016
3.3. PPW Job No. 15-811-9901 and 15-811-9903 –FY 2015/16 Annual Street Repair
and Resurfacing Project and Pavement Rehabilitation - Crack Seal 811-9901
and 811-9903
A. Approve the revised plans and specifications for the Annual Street Repair
and Resurfacing and Pavement Rehabilitation – Crack Seal Project 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 available budgeted amount of $2,232,782,
which includes a 15 percent contingency.
Lisa Petersen, Town Engineer, presented the staff report.
Opened Public Comment at 10:22 p.m.
Angelia Doerner
- Commented on the project.
Closed Public Comment at 10:26 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Rob Rennie
by to 1) approve the revised
plans and specifications for the Annual Street Repair and
Resurfacing and Pavement Rehabilitation – Crack Seal Project and
authorize the Town to advertise the project for bid; and 2) authorize
the Town Manager to award and execute a construction agreement
in an amount not to exceed the available budgeted amount of
Seconded
$2,232,782, which includes a 15 percent contingency.
Council Member Marcia Jensen.
by
VOTE: Motionpassed unanimously.
ADJOURNMENT
The meeting adjourned at 10:56 p.m.
Attest:
_____________________________________
/s/ Shelley Neis, Clerk Administrator
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Town Council/Parking Authority February 2, 2016