Staff Report TC
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/16/2017
ITEM NO: 1
DRAFT
MINUTES OF THE TOWN COUNCIL MEETING
MAY 2, 2017
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, May 2,
2017, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Marico Sayoc, Vice Mayor Rob Rennie, Council Member Marcia Jensen, Council
Member Barbara Spector.
Absent: Council Member Steve Leonardis
PLEDGE OF ALLEGIANCE
Jaylee Harrell led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Sayoc presented a proclamation for National Public Works Week to Matt Morley,
Director of Parks and Public Works and Lisa Petersen, Town Engineer.
Mayor Sayoc presented a proclamation for Municipal Clerks Week to Shelley Neis, Clerk
Administrator and Office Assistants Lynda Seastrom and Shannon Lombardo.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Marcia Jensen stated she and Mayor Sayoc attended the Council Policy
Committee meeting.
- Mayor Marico Sayoc stated she attended the Art in the Council Chambers (AICC) Reception,
Spring Into Green, West Valley Managers and Mayors meeting, an interfaith meeting, and a
Chamber of Commerce Business to Business meeting.
- Vice Mayor Rob Rennie stated he chaired the Executive Committee of Silicon Valley Clean
Energy Authority (SVCEA) Board meeting, and met with the SVCEA Chief Executive Officer.
- Council Member Barbara Spector stated she attended an event honoring members of the
volunteer and business communities.
Manager Matters
- Invited all to come to the Library on May 6 for free comic books and Storm Trooper Story
Time.
PAGE 2 OF 7
SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF MAY 2, 2017
DATE: MAY 3, 2017
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Closed Session minutes of April 18, 2017.
2. Approve Council minutes of April 18, 2017.
3. Annual Renewal of Agreement for Services with the Los Gatos Chamber of Commerce to
manage the Town’s Information Center and coordinate the Leadership Los Gatos Program.
4. Authorize the Town Manager to negotiate and execute a Municipal Services Agreement and
any future amendments with the City of Monte Sereno.
5. PPW Job No. 16-813-9921 – Annual Curb, Gutter, and Sidewalk Maintenance Project
a. Approve the award for the low bid from FBD Vanguard Construction, Incorporated
and authorize the Town Manager to execute a construction agreement for the
Annual Curb, Gutter and Sidewalk Maintenance Project in an amount not to exceed
$562,335, including a 10% contingency.
b. Approve the transfer of $114,419 from the Almond Grove Reserve to fully fund the
Annual Curb, Gutter and Sidewalk Maintenance Project.
6. Adopt a resolution declaring hazardous vegetation (brush) a public nuisance and providing
for abatement and setting June 20, 2017 as a public hearing to hear protests on this annual
program. RESOLUTION 2017-016
7. Authorize the Town Manager to execute a Third Amendment to the Agreement for Services
with West Coast Arborists. Inc. to:
a. Increase the agreement amount by $75,000 for a total agreement amount not to
exceed $175,000 for Fiscal Year (FY) 2016/17.
b. Increase the agreement amount by $125,000 for a total agreement amount not to
exceed $225,000 for FY 2017/18, subject to the appropriation of funds in the FY
2017/18 Operating Budget.
8. Landscape & Lighting Assessment Districts 1 & 2
a. Adopt resolution approving the Engineer’s Report for Fiscal Year 17/18.
RESOLUTION 2017-017
b. Adopt resolution of intention to order the levy and collection of assessments for
Landscape and Lighting No. 1-Blackwell Drive Benefit Zone. RESOLUTION 2017-018
c. Adopt resolution of intention to order the levy and collection of assessments for
Landscape and Lighting District No. 1-Kennedy Meadows Benefit Zone.
RESOLUTION 2017-019
d. Adopt resolution of intention to order the levy and collection of Assessments for
Landscape and Lighting District No. 1-Santa Rosa Heights Benefit Zone.
RESOLUTION 2017-020
e. Adopt resolution of Intention to order the levy and collection of assessments for
Landscape and Lighting District No. 1-Vasona Heights Benefit Zone. RESOLUTION
2017-021
f. Adopt resolution of intention to order the levy and collection of assessments for
Landscape and Lighting District No. 1-Hillbrook Drive Benefit Zone. RESOLUTION
2017-022
PAGE 3 OF 7
SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF MAY 2, 2017
DATE: MAY 3, 2017
Consent Items – continued
g. Adopt resolution of intention to order the levy and collection of assessments for
Landscape and Lighting District No. 2-Gemini Court Benefit Zone. RESOLUTION
2017-023
h. Set June 20, 2017 as the date for the public protest hearing for the assessments
9. Approve an Exclusive Negotiating Rights Agreement with Presidio Development Partners,
LLC for a mixed use parking garage located downtown (224 West Main Street).
10. Authorize the Town Manager to execute an agreement with Cannon Design Group to
provide services as Architectural Consultant to the Town.
Item #9 was pulled by Council Member Jensen.
MOTION: Motion by Council Member Marcia Jensen to approve Consent Items #1
through #8 and #10. Seconded by Vice Mayor Rob Rennie.
VOTE: Motion passed 4/0. Council Member Steve Leonardis absent.
Pulled Consent Item #9
9. Approve an Exclusive Negotiating Rights Agreement with Presidio Development Partners,
LLC for a mixed use parking garage located downtown (224 West Main Street).
Matt Morley, Director of Parks and Public Works, presented the staff report.
Opened Public Comment.
Ray Triplett
- Requested more detail about the requirement to include housing in recital B; stated that
the wording in recital E does not accurately reflect all opinions; that the elected officials
and Town staff be included in recital 2.5; and that Town Council also be included in recital
2.6.
Closed Public Comment.
Council discussed the matter.
PAGE 4 OF 7
SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF MAY 2, 2017
DATE: MAY 3, 2017
Pulled Consent Item #9 – continued
MOTION: Motion by Council Member Barbara Spector to approve an Exclusive
Negotiating Rights Agreement with Presidio Development Partners, LLC
for a mixed use parking garage located downtown (224 West Main
Street) with the following modifications: in paragraph E change
enthusiasm to interest, in paragraph 2.5 add the Town will be involved in
the outreach, and in paragraph 2.6 add the Town will be involved with
the developer cooperation and coordination with adjacent parcels.
AMENDMENT: add language to include but not be limited to the
items listed in paragraph 3.1. Seconded by Vice Mayor Rob Rennie.
VOTE: Motion passed 4/0. Council Member Steve Leonardis absent.
VERBAL COMMUNICATIONS
Angelia Doerner
- Thanked the staff for their work on recent events and commented on the costs for the
street maintenance slurry seal project.
PUBLIC HEARINGS
10. An Ordinance of the Town of Los Gatos requiring the licensure of tobacco retailers and
adding Section 18.60.020 to the Town Code of Los Gatos entitled Permits for Retailers of
Tobacco Products and/or Electronic Smoking Devices
Robert Schultz, Town Attorney, presented the staff report.
Opened Public Comment.
Tommy Seaman, Youth Commission chair; Shomil Jain and Sara Emami, Youth Commissioners
- Commented in support of the proposed ordinance.
Nicole Coxe, Santa Clara County Public Health Department
- Commented on the proposed ordinance.
Reilly Musser
- Commented in opposition of the proposed ordinance.
David Weissman
- Commented in support of the proposed ordinance.
PAGE 5 OF 7
SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF MAY 2, 2017
DATE: MAY 3, 2017
Public Hearing Item #10 – continued
Carol Musser
- Commented in opposition of the proposed ordinance.
Manfreed Simjl
- Commented in opposition of the proposed ordinance.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Barbara Spector to adopt an ordinance of
the Town of Los Gatos requiring the licensure of tobacco retailers and
adding section 18.60.020 to the Town Code of Los Gatos entitled Permits
for Retailers of Tobacco Products and/or Electronic Smoking Devices with
the modification to exclude the requirement for a person over 21 years
to engage in tobacco retailing. Seconded by Vice Mayor Rob Rennie.
VOTE: Motion passed 4/0. Council Member Steve Leonardis absent.
MOTION: Motion by Council Member Barbara Spector to direct the Clerk
Administrator to read the title of the ordinance. Seconded by Vice
Mayor Rob Rennie.
VOTE: Motion passed 4/0. Council Member Steve Leonardis absent.
OTHER BUSINESS
11. Adopt a resolution to reaffirm the Town’s commitment to a diverse, supportive, inclusive
community and to protect the constitutional rights of its residents, workers, and visitors.
RESOLUTION 2017-024
Laurel Prevetti, Town Manager, presented the staff report.
Opened Public Comment.
Lee Quintana
- Read a letter from Paul Quintana and commented in support of the resolution with
suggested some modifications.
PAGE 6 OF 7
SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF MAY 2, 2017
DATE: MAY 3, 2017
Other Business Item #11 – continued
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Barbara Spector to adopt a resolution to
reaffirm the Town’s commitment to a diverse, supportive, inclusive
community and to protect the constitutional rights of its residents,
workers, and visitors with the following modifications: 1) to the title add
“and human rights” after “constitutional rights”; 2) to the second
whereas paragraph add “human rights” after “constitutional rights”; 3) to
the Now Therefore paragraph add “equitable” after “inclusive” and move
the last bullet point in that paragraph up to the first bullet point.
Seconded by Mayor Marico Sayoc.
VOTE: Motion passed 4/0. Council Member Steve Leonardis absent.
12. Consider an appeal pursuant to Town Code Section 26.10.070 of a Parks Commission
decision to uphold a tree removal permit for trees in the public right of way on Winchester
Boulevard adjacent to 17274 Verdes Robles. Applicant: PG&E. Appellant: Vivek Correia
Matt Morley, Director of Parks and Public Works, presented the staff report.
Opened Public Comment.
Darin Cline, PG&E representative/applicant
- Commented on the project.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Barbara Spector to uphold a Tree Removal
Permit for trees in the public right of way on Winchester Boulevard
adjacent to 17274 Verdes Robles. Seconded by Council Member Marcia
Jensen.
VOTE: Motion passed 3/0. Vice Mayor Rob Rennie recused and Council
Member Steve Leonardis absent.
PAGE 7 OF 7
SUBJECT: DRAFT MINUTES OF THE TOWN COUNCIL MEETING OF MAY 2, 2017
DATE: MAY 3, 2017
ADJOURNMENT
The meeting adjourned at 8:54 p.m.
Attest:
_____________________________________
Shelley Neis, Clerk Administrator