M05-03-16
Town Council Meeting 05/17/16
Item #1
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING
MAY 3, 2016
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday,
May 3, 2016, to hold a Closed Session at 6:00 p.m. and a Regular Meeting at 7:00 p.m.
CLOSED SESSION – 6:00 P.M.
ROLL CALL
Present: Mayor Barbara Spector, Vice Mayor Marico Sayoc, Council Member Steve
Leonardis, Council Member Rob Rennie.
Absent: Council Member Marcia Jensen
VERBAL COMMUNICATIONS
Catherine (last name not provided) commented on the Dittos Lane property.
Cameron Tule commented on the Dittos Lane property.
Lisa Tule commented on the Dittos Lane property and submitted a document into the
record.
CS-1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: 75 Church St. (Forbes Mill) (APN: 529-54-050)
Negotiating Parties: Town of Los Gatos (Negotiator: Matt Morley, PPW Director)
Potential Buyers and/or Tenants
Negotiations: Price and terms of potential sale or lease
Property: 4 Tait Avenue (Museum) (APN: 510-44-054)
Negotiating Parties: Town of Los Gatos (Negotiator: Matt Morley, PPW Director)
Potential Buyers and/or Tenants
Negotiations: Price and terms of potential sale or lease.
Property: 14850 Winchester Avenue (APN: 424-31-055)
Negotiating Parties: Town of Los Gatos (Negotiator: Matt Morley, PPW Director)
Potential Buyers and/or Tenants
Negotiations: Price and terms of potential sale or lease.
Property: 4 New York Avenue (Venue) (APN: 529 -27 -024)
Negotiating Parties: Town of Los Gatos (Negotiator: Laurel Prevetti, Town Manager)
KCAT (Negotiator: Melissa Toran)
Negotiations: Price and terms of lease.
Closed Session – continued
Property: 20 Dittos Lane (APN: 529-29-034)
Negotiating parties: Town of Los Gatos (Negotiator: Matt Morley, PPW Director)
Potential Buyers and/or Tenants
Negotiations: Price and terms of potential sale or payment of lease
CS-2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
(Government Code Section 54956.9[d][1])
Town of Los Gatos vs. California Department of Transportation and the Santa Clara
Valley Transportation Authority
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Barbara Spector, Vice Mayor Marico Sayoc, Council Member Steve
Leonardis, Council Member Rob Rennie.
Absent: Council Member Marcia Jensen
PLEDGE OF ALLEGIANCE
Lorenzo Fabela led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Spector presented Matt Morley, Director of Parks and Public Works, with a
Proclamation for National Public Works Week.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Rob Rennie stated he attended the Silicon Valley Community
Choice Energy Joint Powers Authority (JPA) meeting.
- Mayor Barbara Spector stated she attended the Santa Clara County Annual Art
Exhibition at NUMU; the Children's Special Olympics event; the Silicon Valley
Leadership Group meeting; and the Council Finance Committee meeting with
Council Member Steve Leonardis.
- Vice Mayor Marico Sayoc stated she attended the Council Policy Committee
meeting with Council Member Marcia Jensen, and the Highway 9 and Highway 17
interchange clean up.
- Council Member Steve Leonardis stated he attended the Council Finance
Committee meeting with Mayor Barbara Spector.
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Town Council/Parking Authority May 3, 2016
Manager Matters
- Announced new artwork has been installed in the Council Chambers.
- Announced the Veteran’s Memorial Committee is accepting the public’s input on the
two proposals that are available to view on the Town website.
- Announced the Parks and Public Works Department will be hosting their annual
Open House in the morning on May 18 for National Public Works Week and the
public is invited to attend.
CLOSED SESSION REPORT
Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on
the agenda and there is no report.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council Minutes of April 19, 2016
2. 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. 13-04 Winchester Blvd. and Lark
Avenue Intersection Improvements Project
3. Town Custodial Services
a. Authorize the Town Manager to execute a first amendment to the
agreement for services with Sunnyvale Building Maintenance in an
amount not to exceed $207,179, including a ten percent contingency for
special cleanings, unforeseen cleanups, and other maintenance issues.
b. Authorize a modification to the contract scope to fund the Town Library
Day porter service for fiscal year 2015/16 within the current contract
amount.
4. Fiesta de Artes
a. Authorize the Town Manager to execute a three year agreement for
services with the Kiwanis Club of Los Gatos to provide operation of the
Fiesta de Artes Art Festival to be held each August on the Civic Center
grounds through September 2018.
b. Authorize the annual issuance of temporary pushcart permits, not to
exceed five (5), for the two-day Fiesta de Artes Art Festival through
September 2018.
5. PPW Job No. 15-813-9921 - Curb Ramps 813-9921
a. Approve the contract award and authorize the Town Manager to execute a
construction agreement with FBD Vanguard Construction Inc. in an
amount not to exceed $93,269, which includes a 10% contingency.
b. Authorize staff to execute future change orders in an amount up to the
allocated contingency amount of 10%.
6. Adopt a resolution declaring hazardous vegetation (brush) a public nuisance and
providing for abatement and setting June 7, 2016 as a public hearing to hear
RESOLUTION 2016-017
protests on this annual program.
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Town Council/Parking Authority May 3, 2016
Consent Items – continued
7. Landscape & Lighting Assessment Districts 1 & 2
a. Adopt a Resolution approving the Engineer’s Report for FY 2016/17.
RESOLUTION 2016-018
b. Adopt a Resolution of intention to order the levy and collection of
assessments for Landscape and Lighting District No. 1-Blackwell Drive
RESOLUTION 2016-019
Benefit Zone.
c. Adopt a Resolution of intention to order the levy and collection of
assessments for Landscape and Lighting District No. 1-Kennedy
RESOLUTION 2016-020
Meadows Benefit Zone.
d. Adopt a Resolution of intention to order the levy and collection of
assessments for Landscape and Lighting District No. 1-Santa Rosa
RESOLUTION 2016-021
Heights Benefit Zone.
e. Adopt a Resolution of intention to order the levy and collection of
assessments for Landscape and Lighting District No. 1-Vasona Heights
RESOLUTION 2016-022
Benefit Zone.
f. Adopt a Resolution of intention to order the levy and collection of
assessments for Landscape and Lighting District No. 1-Hillbrook Drive
RESOLUTIO 2016-023
Benefit Zone.
g. Adopt a Resolution of intention to order the levy and collection of
assessments for Landscape and Lighting District No. 2-Gemini Court
RESOLUTION 2016-024
Benefit Zone.
h. Set June 21, 2016 as the date for the public protest hearing for the
assessments.
Item #5 was pulled by a member of the public.
MOTION: MotionCouncil Member Steve Leonardis
by to approve the
SecondedCouncil Member
Consent Items, excluding Item #5. by
Rob Rennie.
VOTE: Motionpassed unanimously.
Pulled Consent Item #5
5. PPW Job No. 15-813-9921 - Curb Ramps 813-9921
a. Approve the contract award and authorize the Town Manager to execute a
construction agreement with FBD Vanguard Construction Inc. in an
amount not to exceed $93,269, which includes a 10% contingency.
b. Authorize staff to execute future change orders in an amount up to the
allocated contingency amount of 10%.
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Town Council/Parking Authority May 3, 2016
Consent Item #5 – continued
Angelia Doerner
- Commented on the ADA requirements for the curbs and gutters and requested the
locations be included in the staff report.
Lisa Petersen, Town Engineer, addressed questions.
Opened and closed Public Comment.
Council discussed the matter.
MOTION: MotionCouncil Member Steve Leonardis
by to A) approve the
contract award and authorize the Town Manager to execute a
construction agreement with FBD Vanguard Construction Inc. in an
amount not to exceed $93,269, which includes a 10% contingency;
and B) authorize staff to execute future change orders in an amount
Seconded
up to the allocated contingency amount of 10%. by
Council Member Rob Rennie.
VOTE: Motionpassed unanimously.
VERBAL COMMUNICATIONS
Scott Caplener
- Commented on Town Code Chapter 4 dealing with chickens and inquired if there is
any citizen involvement when modifications to the Code are considered.
Angelia Doerner
- Commented on the cost of the conduit for the Almond Grove street project.
PUBLIC HEARINGS
8. Adopt an interim urgency ordinance extending the water conservation urgency
ordinance No. 2239 until and through May 4, 2017, further declaring the
existence of a condition of water shortage and providing for mandatory
reductions in and specified prohibitions of water use, subject to modification and
ORDINANCE 2253
enforcement levels provided by the State and local agencies.
Matt Morley, Director of Parks and Public Works, presented the staff report.
Opened and closed Public Comment.
Council discussed the matter.
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Town Council/Parking Authority May 3, 2016
Public Hearing Item #8 – continued
MOTION: MotionCouncil Member Steve Leonardis
by to adopt an interim
urgency ordinance (Attachment 1) extending the water
conservation urgency ordinance No. 2239 (Attachment 2) until and
through May 4, 2017, further declaring the existence of a condition
of water shortage and providing for mandatory reductions in and
specified prohibitions of water use, subject to modification and
enforcement levels provided by the State and local agencies.
SecondedMayor Barbara Spector.
by
VOTE: Motionpassed unanimously.
9. Adopt an Ordinance of the Town Council of the Town of Los Gatos amending
Section 18.60.10 to include restrictions on smoking in commercial zoned areas
and in multi-unit residences and other miscellaneous edits (Continued from April
19).
Robert Schultz, Town Attorney, presented the staff report.
Opened Public Comment.
Carol Baker, American Cancer Society Cancer Action
- Commented in favor of the proposed ordinance.
Roger P. Kennedy, MD, Tobacco Free Coalition of Santa Clara County
- Commented in favor of the proposed ordinance.
Barbara Broderick
- Commented in favor of the proposed ordinance.
David Weissman
- Commented in favor of the proposed changes and strongly encouraged further
restrictions also be included.
Rosemary (no last name provided)
- Commented in favor of the proposed ordinance.
Closed Public Comment.
Council discussed the matter.
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Town Council/Parking Authority May 3, 2016
Public Hearing Item #9 – continued
MOTION: MotionCouncil Member Steve Leonardis
by to introduce the
ordinance by title only. Motion amended to include that the tobacco
retail licensing and over 21 purchasing restrictions be brought to
Council in six months; and to direct staff to come back to Council in
one year with a review and with possible suggestions for more
Seconded
stringent regulations for multi-unit owned residences. by
Vice Mayor Marico Sayoc.
VOTE: Motionpassed unanimously.
The Clerk Administrator read the title of the ordinance.
10. Subdivision Application M-15-001, Architecture and Site Applications S-15-009
through S-15-011. Project Location: 15975 Union Avenue. Property Owner:
Betchart Union Ave Joint Venture Partnership. Applicant/Appellant: Gary
Kohlsaat. Consider an appeal of a Planning Commission decision denying a
request to demolish an existing single-family residence, subdivide one lot into
three lots, construct three new single-family residences, and remove large
RESOLUTION
protected trees on property zoned R-1:10. APN 523-42-017.
2016-025
Erin Walters, Associate Planner, presented the staff report.
Opened Public Comment.
Charlie Bronitsky, Will Betchart, and Gary Kohlsaat, applicant/appellant representatives
- Commented on the project.
Jan Murray
- Commented on the design of the lane changes, the driveway ingress and egress,
water runoff management system, clear cutting of trees, traffic, and the lot ratio to
house size.
Charlie Bronitsky, Will Betchart, and Gary Kohlsaat, applicant/appellant representatives
- Addressed comments on the project.
Closed Public Comment.
Council discussed the matter.
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Town Council/Parking Authority May 3, 2016
Public Hearing Item #10– continued
MOTION: MotionCouncil Member Rob Rennie
by to adopt the resolution
contained in Attachment 12 with Exhibit A that lists the findings to
grant the approval and approve the proposed project; and that
Council is making Finding C, an issue or policy over which the
Planning Commission did not have discretion to modify or address,
but which is vested in the Council for modification or decision.
Motion amended: that the applicant should consider lengthening
the left turn pocket on Blossom Hill Road that provides for access
SecondedCouncil Steve
to northbound Union Avenue. by
Leonardis.
VOTE: Motionpassed 3/1. Vice Mayor Marico Sayoc voting no.
Recess at 9:32 p.m.
Reconvened at 9:41 p.m.
11. Architecture and Site Application S-15-053 and S-15-054. Property Location:
360 Bella Vista Avenue. Applicant/Appellant: Michael Black. Property Owner:
John Brady. Consider an appeal of the decision of the Planning Commission
denying a request to demolish an existing two-family residence, and construct
two new single-family residences on property zoned R-1:8. APN 529-22-038.
RESOLUTION 2016-026
Marnie Moseley, Associate Planner, presented the staff report.
Opened Public Comment.
Michael Black, John Brady, and Chris Spaulding, applicant/appellant
- Commented on the project.
Carol Hamilton
- Commented against the project.
Eleanor Leishman
- Commented against the project.
Lee Quintana
- Commented on the project.
Debra Chin
- Encouraged the Council to think about precedence as projects are viewed.
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Town Council/Parking Authority May 3, 2016
Public Hearing Item #11 – continued
Michael Black, applicant/appellant
- Addressed comments.
Closed Public Comment.
Council discussed the matter.
MOTION: MotionMayor Barbara Spector
by to adopt a resolution to deny
the appeal and remand the project to the Planning Commission to
reconsider the applications for homes that are smaller and
SecondedVice Mayor
compatible with the neighborhood. by
Marico Sayoc.
VOTE: Motionpassed unanimously.
OTHER BUSINESS
There was no other business.
ADJOURNMENT
The meeting adjourned at 10:25 p.m.
Attest:
_____________________________________
/s/ Shelley Neis, Clerk Administrator
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Town Council/Parking Authority May 3, 2016