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Staff Report 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 01/15/2019 ITEM NO: 2 DRAFT MINUTES OF THE TOWN COUNCIL MEETING DECEMBER 18, 2018 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, December 18, 2018, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Steven Leonardis, Vice Mayor Marcia Jensen, Council Member Rob Rennie, Council Member Marico Sayoc, Council Member Barbara Spector. Absent: None PLEDGE OF ALLEGIANCE Chloe Yang led the Pledge of Allegiance. The audience was invited to participate. APPROVE CERTIFICATION OF NOVEMBER 6, 2018 ELECTION 1. Adopt a resolution certifying the November 6, 2018 Los Gatos General Municipal Election and declaring the election results for Measure G and three Council Member seats. RESOLUTION 2018-054 MOTION: Motion by Vice Mayor Jensen to certify the results of the November 6, 2018 Los Gatos General Municipal Election and declaring the results. Seconded by Council Member Spector. VOTE: Motion passed unanimously. SWEARING IN OF NEW COUNCIL Deputy Clerk Lombardo led the swearing in ceremony for Council Members Steven Leonardis, Rob Rennie, and Marico Sayoc. PRESENTATIONS No presentations occurred. CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on the agenda and there is no report. PAGE 2 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 18, 2018 JANUARY 4, 2019 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 2. Approve Closed Session minutes of December 4, 2018. 3. Approve Council minutes of December 4, 2018. 4. Reaffirm the Los Gatos Town Council Code of Conduct Policy 2-04. 5. Adopt Council Committee Appointments effective January 1, 2019. 6. Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ended June 30, 2018. RESOLUTION 2018-055 7. PPW Job Number 18-811-9901 Annual Street Repair and Resurfacing Project (Rubber Cape Seal): A. Approve the plans and specifications for the Annual Street Repair and Resurfacing Project (Rubber Cape Seal) and authorize the Town Manager to advertise the project for bid. B. Authorize the Town Manager to award and execute a construction agreement in an amount not to exceed $859,232, including contingencies. C. Authorize staff to execute potential change orders in an amount not to exceed ten percent of the contract award amount. 8. Project 813-0231 - Bicycle and Pedestrian Improvement Project (Blossom Hill Road) Staff recommends that the Town Council: A. Approve the plans and specifications for the Bicycle and Pedestrian Improvement Project (Blossom Hill Road) and authorize the Town Manager to advertise the project for bid. B. Authorize the Town Manager to award and execute a construction agree ment in an amount not to exceed $550,032, including contingencies. C. Authorize staff to execute potential change orders in an amount not to exceed fifteen percent of the contract award amount. 9. Authorize the Town Manager to: A. Execute a Certificate of Acceptance and Notices of Completion accepting the work of RK Engineering and authorize the recording by the Town Clerk for PPW Job No. 17 -831- 3104 Bachman Park Rehabilitation Project Pathway Upgrades. B. Execute a Certificate of Acceptance and Notices of Completion accepting the work of General Lighting Services and authorize the recording by the Town Clerk for PPW Job No. 17-831-3104 Bachman Park Rehabilitation Project Lighting Upgrades. 10. Authorize the Town Manager to: A. Execute a Certificate of Acceptance and Notice of Completion for the work of Mercoza Engineering and authorize recording by the Town Clerk for PPW Job No. 17-813-9921 Annual Curb, Gutter, and Sidewalk Maintenance (Ramp Upgrades) and PPW Job No. 17-812-0125/26 Crosswalk Improvements Project. B. Execute a Certificate of Acceptance and Notice of Completion for the work of Bear Electrical Solutions, Inc. and authorize recording by the Town Clerk for PPW Job No. 17-812-0125/26 Crosswalk Improvements Project. PAGE 3 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 18, 2018 JANUARY 4, 2019 Consent Items – continued C. Execute a Certificate of Acceptance and Notice of Completion for the work of St. Francis Electric and authorize recording by the Town Clerk for PPW Job No. 17- 812-0125/26 Crosswalk Improvements Project. 11. Appoint Michael Haley McCullough to the honorary position of the Town of Lo s Gatos Poet Laureate for a three-year term beginning in January of 2019. 12. Adopt a Salary Schedule for Town Council and Management reflecting a Town code amendment to increase Town Council salaries effective January 1, 2019. 13. Adopt a Resolution establishing a Sales Tax Oversight Committee. RESOLUTION 2018-056 14. Town Code Amendment Application A-17-002. Project Location: Town Wide. Applicant: Town of Los Gatos. Adopt amendments to Chapter 6 (Building and Building Regulations) and Chapter 29 (Zoning Regulations) of the Town Code regarding fences, hedges, and walls. Consent Items 5 and 6 were pulled by Council. MOTION: Motion by Vice Mayor Jensen to approve the Consent Items, exclusive of items 5 and 6. Seconded by Council Member Rennie. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS John Shepardson - Commented on a map from the Cal-Fire website of both Paradise, CA and Los Gatos, CA and the high fire risk of both areas. OTHER BUSINESS 15. Approve an amendment to the Employment Agreement between the Town of Los Gatos and the Town Manager, and authorize salary and benefits budget adjustments in the amount of $18,103 from estimates available FY 2018/19 operating revenues. Lisa Velasco, Human Resources Director, presented the staff report. Opened and closed Public Comment. Council discussed the matter. MOTION: Motion by Vice Mayor Jensen to approve the recommendations contained in the staff report and Attachment 1. Seconded by Mayor Leonardis. VOTE: Motion passed unanimously. PAGE 4 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 18, 2018 JANUARY 4, 2019 PUBLIC HEARINGS 16. Conditional Use Permit Application U-18-008. Project Location: 720 Blossom Hill Road. Property Owner: Rice Family Living Trust. Applicant: Lunardi’s Supermarket, Inc. Requesting approval for a modification of an existing Conditional Use Permit (Lunardi’s Supermarket) to allow wine and beer tasting on property zoned C-1. APN 523-06-045. Sean Mullen, Associate Planner, presented the staff report. Opened and closed Public Comment. Council discussed the matter. MOTION: Motion by Vice Mayor Jensen to adopt a resolution (Attachment 3) approving the Conditional Use Permit modifications allowing wine and beer tasting. Seconded by Council Member Spector. VOTE: Motion passed unanimously. OTHER BUSINESS 17. Discuss municipal finance requirements and specific Town financial information. Laurel Prevetti, Town Manager and Stephen Conway, Finance Director, presented the staff report. Opened Public Comment. Terry Duryea - Commented on the number of funds, concern over budget assumptions, and other budget practices. Phil Koen - Commented on cash flow and internal service funds. Lee Fagot - Commented on opportunity costs of not earning the highest interest. Closed Public Comment. Council discussed the matter. PAGE 5 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 18, 2018 JANUARY 4, 2019 Other Business Item #17 – continued MOTION: Motion by Vice Mayor Jensen to direct staff to return with a draft policy that addresses internal service funds, the basis for current targets and how that is supported, potential target ranges for the funds, and a comprehensive look at how a draft internal services policy might work. Seconded by Mayor Leonardis. VOTE: Motion passed 4/1. Council Member Spector voting no. MOTION: Motion by Council Member Sayoc to direct staff to forward the draft policy to the Finance Committee for review prior to coming back to Council with options for Council consideration. Seconded by Council member Spector. VOTE: Motion passed 4/1. Vice Mayor Jensen voting no. MOTION: Motion by Council Member Rennie to direct staff to explore both the internal service funds and all the reserve funds in aggregate from the risk standpoint that is being mitigated. Seconded by Council Member Spector. VOTE: Motion passed 4/1. Vice Mayor Jensen voting no. Recess at 8:41 p.m. Reconvened at 8:47 p.m. Pulled Consent Item #5 5. Adopt Council Committee Appointments effective January 1, 2019. Vice Mayor Jensen stated she had schedule conflicts with some of her appointments. After discussion, the Vice Mayor will keep the appointments for the General Plan Committee, General Plan Advisory Committee, and the Conceptual Development Advisory Committee. Council Member Rennie will be the Silicon Valley Clean Energy Authority Alternate. Opened and closed Public Comment. PAGE 6 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 18, 2018 JANUARY 4, 2019 Pulled Consent Item #6 6. Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ended June 30, 2018. RESOLUTION 2018-055 Stephen Conway, Finance Director, presented the staff report. Opened Public Comment. Lee Fagot - Commented he was encouraged at the level of questioning from Council to learn more about the issues around the Management’s Discussion and Analysis and setting the right groundwork for calendar year 2019 and FY 19/20. Terry Duryea - Commented on the report and the Council Finance Committee’s comments on the report. Phil Koen - Commented on the report and the Management’s Discussion and Analysis section. Jak Van Nada - Commented on the report. Closed Public Comment. MOTION: Motion by Vice Mayor Jensen to approve the recommendation contained in the staff report and that the paragraph in the draft resolution that states we have an excess balance be modified in accord with the last paragraph of page 3 of the staff report indicating the amount of the excess as reflected in the accounting statement. AMENDED: to delete paragraphs 5 and 6 in the draft resolution as indicated by staff. Seconded by Council Member Rennie. VOTE: Motion passed unanimously. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Sayoc stated she attended the Valley Transportation Authority (VTA) State Route 85 Policy Advisory Board meeting. - Council Member Spector stated she attended the Council Finance Committee meeting, the Conceptual Development Advisory Committee meeting, and the General Plan Advisory Committee (GPAC) meeting. PAGE 7 OF 7 SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF DECEMBER 18, 2018 JANUARY 4, 2019 Council Matters – continued - Vice Mayor Jensen stated she had nothing to report. - Council Member Rennie stated he attended the Silicon Valley Clean Energy Authority meeting (SVCEA), VTA Board meeting, and the Local Agency Formation Commission (LAFCO) meeting. Manager Matters - Announced the Town is receiving almost $1,000,000 in grant funding from Caltrans to fix guardrails. ADJOURNMENT The meeting adjourned at 9:01 p.m. Attest: _____________________________________ Shelley Neis, Town Clerk