M11-01-16
Town Council Meeting 11/15/16
Item #1
MINUTES OF THE TOWN COUNCIL MEETING
NOVEMBER 1, 2016
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday,
November 1, 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.
PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION
[Government Code Section 54957(b)(1)]
Title: Town Attorney
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Town Negotiator: Lisa Velasco, Human Resources Director
Unrepresented Employee: Town Attorney
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
Lucas Raspe led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Spector presented the Certificate of Achievement for Excellence in Financial Reporting
(CAFR) (Fiscal Year Ending: 2015) to Stephen Conway, Director of Finance.
Mayor Spector presented a Small Business, Big Applause Commendation to Blvd Coffee.
Humberto and Christina Olvera, owners, 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 Marcia Jensen stated she attended the Santa Clara Valley Water District
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Board meeting and Policy meeting; along with the Vice Mayor she attended the Council
Policy Committee meeting, the Chamber of Commerce Annual Dinner, and the Silicon
Valley Brokers breakfast.
Council Member Rob Rennie stated he attended the Cal LAFCO Conference as the voting
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representative of the Cities Association.
Mayor Barbara Spector stated she attended the General Plan Committee (GPC) along with
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the Vice Mayor, and she along with Superior Court Judge Phil Pennypacker and Supervisor
Mike Wasserman were judges for costumes for dogs at the fundraiser event for Butcher
Park.
Vice Mayor Marico Sayoc stated she had nothing additional to report.
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Council Member Steve Leonardis stated he had nothing to report.
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Manager Matters
A series of Almond Grove community meetings is coming up to discuss the Phase II Streets
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and the potential need to remove some trees. The first meeting is November 2 and will
be focused on Tait Avenue; the second meeting is November 8 and will be focused on
Almendra Avenue; the third meeting is November 10 and will be focused on all the other
streets. All meetings are 6:00 to 8:00 p.m. at the Police Operations Building on Los Gatos
Blvd.
A Community Meeting is scheduled to discuss the recent water bill rates on November 14
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in the Council Chambers at 6:00 p.m.
Applications for adult Commissioners are being accepted and the deadline to apply is
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November 18, 5:00 p.m.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1.Approve Council minutes of October 18, 2016.
2.Adopt resolution authorizing the continued use of Supplemental Local Law Enforcement
Services funds (SLESF) to provide funding for two (2) full-time Police officers assigned as
motorcycle traffic. RESOLUTION 2016-061
3.Townwide Traffic Signal System Upgrade Project.
a.Accept a vehicle registration fee grant from the Valley Transportation Authority to
upgrade traffic signals Townwide.
b.Authorize a budget adjustment in the amount of $500,000 to recognize receipt and
use of grant funds.
c.Authorize the Town Manager to execute all future grant documents and agreements
with VTA.
Angelia Doerner pulled Item #3.
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Town Council Meeting Minutes November 1, 2016
Consent Items – continued
MOTION: Motion by Council Member Steve Leonardis to approve Consent Items 1
and 2. Seconded by Council Member Marcia Jensen.
VOTE: Motion passed unanimously.
Pulled Consent Item #3
3.Townwide Traffic Signal System Upgrade Project.
a.Accept a vehicle registration fee grant from the Valley Transportation Authority to
upgrade traffic signals Townwide.
b.Authorize a budget adjustment in the amount of $500,000 to recognize receipt and
use of grant funds.
c.Authorize the Town Manager to execute all future grant documents and agreements
with VTA.
Matt Morley, Director of Parks and Public Works, presented the staff report.
Opened Public Comment.
Angelia Doerner
Inquired what the bidding process is and how does a consultant get selected similar to
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other items; requested that these type of items be put on the consent calendar for Council
approval instead of allowing the Manager to approve.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Marcia Jensen to A) Accept a vehicle
registration fee grant from the Valley Transportation Authority (VTA) to
upgrade traffic signals Townwide as per discussion; B) Authorize a budget
adjustment in the amount of $500,000 to recognize receipt and use of
grant funds; and C) Authorize the Town Manager to execute all future
grant documents and agreements with VTA with the understanding that
when it comes to the point of spending funds it will come back to Council
for approval. Seconded by Mayor Barbara Spector.
VOTE: Motion passed unanimously.
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Town Council Meeting Minutes November 1, 2016
VERBAL COMMUNICATIONS
Bonnie Broderick, Santa Clara County Public Health representative
Invited Council to the 2016 Healthy Cities Conference on Friday, November 18, 2016 from
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9:30 to 1:00 p.m. at the Tech Museum of Innovation in downtown San Jose.
Kim
Commented on the lack of landlines in Town and that the community could possibly add
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pay phones for emergency purposes, and possibly have some type of event for emergency
preparedness.
OTHER BUSINESS
4.Receive an update on the Town’s Street Pavement Management Program.
Lisa Petersen, Town Engineer, presented the staff report.
Opened Public Comment.
Angelia Doerner
Questioned the validity of the QES report for the PCI and cost per square foot to repair.
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Closed Public Comment.
Council discussed the matter.
Direction to staff:
When this item comes back to Council, provide a definition of the three types of streets,
identify which streets fit under which category, and provide a metric for the decision making
process.
5.Receive a report on efforts in Santa Clara County regarding a minimum wage increase and
provide direction on next steps.
Monice Renn, Economic Vitality Manager, presented the staff report.
Opened Public Comment.
Patti Rice, The Spa-Los Gatos
Commented on the challenges and costs to implement the changes to small businesses;
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requested the Town follow the State guidelines and not adopt the Cities Association
recommendation.
Closed Public Comment.
Council discussed the matter.
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Town Council Meeting Minutes November 1, 2016
Other Business Item #5 – continued
MOTION: Motion by Council Member Steve Leonardis to accept the information in
the report but not to take any action at this time, and defer to the State
guidelines. Seconded by Council Member Marcia Jensen.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
6.Town Code Amendment A-16-001: Introduce an Ordinance repealing and replacing Chapter
6, Building Regulations, and Chapter 9, Fire Prevention and Protection, of the Town of Los
Gatos Municipal Code by adopting the new 2016 California Building and Fire Codes, as
amended.
Joel Paulson, Director of Community Development, presented the staff report.
Opened and closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Marcia Jensen to introduce the Ordinance
effecting the Amendments of Town Code Amendment A-16-001 and
make the required findings that the amendments are consistent with the
General Plan and its elements and that the Amendments are exempt
from the California Environmental Quality Act [Section 15061 (D)(3)]; and
waive the reading of the Ordinance and direct the Clerk Administrator to
read the title of the proposed Ordinance. Seconded by Council Member
Steve Leonardis.
VOTE: Motion passed unanimously.
The Clerk Administrator read the title of the Ordinance.
7.Adopt a resolution approving the Town’s Long Term Debt Policy, and adopt a resolution
approving the Town’s Investment Policy. RESOLUTIONS 2016-062 and 2016-063 and
POLICIES 4-01 and 4-02
Steve Conway, Director Finance, presented the staff report.
Opened Public Comment.
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Town Council Meeting Minutes November 1, 2016
Public Hearing Item #7 – continued
Jak Van Nada
Commented on ideas to develop the depth and dimension of addressing the unfunded
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pension liabilities and potential debt.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Marcia Jensen to adopt the resolution
approving the Long Term Debt Policy contained in Attachment 5, and the
resolution approving the Investment Policy contained in Attachment 4.
Seconded by Council Member Steve Leonardis.
VOTE: Motion passed unanimously.
8.Adopt an Ordinance of the Town Council of the Town of Los Gatos amending Town Code
Chapter 14 Article XI. - Massage Therapy Establishments and Massage Therapy. (continued
from October 18, 2016)
Robert Schultz, Town Attorney, presented the staff report.
Opened Public Comment.
Patti Rice, The Spa-Los Gatos
Requested that current employees be granted additional time to obtain the required 500
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hours.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Steve Leonardis to introduce the Ordinance
amending Town Code Chapter 14 Article XI. - Massage Therapy
Establishments and Massage Therapy, waive the reading of the
Ordinance, and direct the Clerk Administrator to read the title of the
proposed Ordinance. Seconded by Mayor Barbara Spector.
VOTE: Motion passed unanimously.
The Clerk Administrator read the title of the Ordinance.
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Town Council Meeting Minutes November 1, 2016
Public Hearing Item #9 – continued
Mayor Barbara Spector and Vice Mayor Sayoc recused themselves from Item #9 due to
proximity. Council Member Steve Leonardis assumed Chair for the remaining item.
Recess at 8:57 p.m.
Reconvened at 9:02 p.m.
9.Conditional Use Permit Application U-16-004. Project Location: 50 University Avenue, Suite
180. Property Owner: SRI Old Town LLC. Applicant: Steve Hauck, Wine Cellar. Consider a
request to modify an existing conditional use permit for a restaurant (Wine Cellar) to allow
for an increase of 60 additional seats, to modify the distribution of existing seating, and to
allow indoor entertainment before 10:00 p.m. on property zoned C-2:LHP:PD. APN 529-02-
044. RESOLUTION 2016-064
Jocelyn Puga, Associate Planner, presented the staff report.
Opened Public Comment.
Steve Hauck and Lisa Hauck, applicants, commented on the project.
Paul Matlich
Expressed concern on the increase of seating and lack of parking.
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Steve Hauck, applicant
Addressed comments.
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Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Marcia Jensen to accept the Planning
Commission’s recommendation to approve the Conditional Use Permit
(CUP) application with modified conditions for a restaurant (Wine Cellar)
to allow for an increase of 60 additional seats, modify the distribution of
existing seating, allow indoor entertainment before 10:00 p.m. in
conformance with the new Entertainment Policy, and it come back in six
months for an administrative review by staff to determine that it is
working as it is intended. Seconded by Council Member Rob Rennie.
VOTE: Motion passed unanimously.
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Town Council Meeting Minutes November 1, 2016
ADJOURNMENT
The meeting adjourned at 9:17 p.m.
Attest:
_____________________________________
/s/ Shelley Neis, Clerk Administrator
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Town Council Meeting Minutes November 1, 2016