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MinutesDRAFT Town Council Meeting 08/02/16 Item #1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING JUNE 21, 2016 The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday, June 21, 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. CS-1 CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) To meet with Town Negotiators listed below in closed session pursuant to Government Code §54957.6 regarding negotiations with the Employee Organizations listed below: Town Negotiators (Lead): Allyson Hauck, Renne, Sloan, Hotzman, Sakai LLP and Laurel Prevetti, Town Manager Employee Organizations: Town Employees’ Association (TEA), American Federation of State, County and Municipal Employees Local No. 101 (AFSCME), and Police Officers’ Association (POA) 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 Scarlett Wales led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Spector presented Tito and Lea Roque, owners of Gatito Cleaners, with a Small Business, Big Applause commendation. Mr. Roque thanked the Council and Town. 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 met with various residents and business owners regarding different issues in the Town. 2 Town Council/Parking Authority June 21, 2016 Council Matters – continued - Council Member Rob Rennie stated he attended the Alzheimer’s Association event in Sacramento; the opening and ribbon cutting for the new Music in the Park producers, Los Gatos Music in the Park; the Highway 85 Policy Advisory Board meeting; the Cities Association Select Committee and the Legislative Committee meeting; and the Silicon Valley Clean Energy Authority Board meeting. - Mayor Barbara Spector stated she attended the Santa Clara County Mayors meeting, the West Valley Mayor/Manager meeting with the Town Manager, and the Music in the Park opening and ribbon cutting for the new producers. - Vice Mayor Marico Sayoc stated she joined the Los Gatos-Monte Sereno Police Department Special Olympics Torch Run and met with various constituents. - Council Member Steve Leonardis stated he attended the Treatment Plant Advisory Committee meeting and the West Valley Sanitation District Board of Directors meeting. Manager Matters - Invited all to the Town’s Annual 4th of July Celebration at Oak Meadow Park. - Announced the North 40 story poles will be removed on July 2, 2016. - Announced the temporary road closure of S. Santa Cruz Avenue at Wood Road for three weekends: June 25th and 26th, July 2nd through July 4th, and July 9th and 10th from 9 a.m. to 3 p.m. . There are traffic cameras at all signalized intersections downtown to collect traffic data. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of June 7, 2016 2. Adopt a resolution of the Town of Los Gatos requesting that the County of Santa Clara Board of Supervisors consolidate a General Municipal Election to be held November 8, 2016 with the Statewide General Election to be held on that date pursuant to Section 10403 of the Elections Code and authorizing other related actions. RESOLUTION 2016-031 3. Approve Third Quarter Investment Report (January through March 2016) for Fiscal Year 2015/16. 4. Authorize the early appropriation of funds for the Cut-Through Traffic Mitigation Project (471-813-0229), as adopted in the FY 2016/17 Capital Improvemen t Program Budget, in FY 2015/16. 5. Authorize the Town Manager to execute an agreement for services with the Los Gatos Chamber of Commerce in an amount not to exceed $50,000 6. Authorize the Town Manager to execute a First Amendment to the Lease Agreement with Billy Jones Wildcat Railroad Inc. 7. Authorize the Town Manager to execute an Second Amendment to the Professional Services Agreement with Renne Sloan Hotzman Sakai to extend the contract for one year at a cost not exceed $50,000 to perform labor relations and employment matters. 3 Town Council/Parking Authority June 21, 2016 Consent Items – continued 8. 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. 10-10 Highway 9/University Avenue Intersection Improvement Project. RECORDING 16.040 9. Authorize the Town Manager to execute a Summary Vehicle Quotation to extend the Commercial Motor Vehicle Master Lease Agreement with Mike Albert, Ltd. in an amount not to exceed $16,600 for a 24 -month lease extension for four electric vehicles (EVs), for a total lease amount not to exceed $51,240. 10. Old Library Re-Use Project Authorize the Town Manager to: a. Execute a first amendment to the Construction Agreement with California Plus Engineering, Inc. for an additional amount of $13,522. b. Authorize a budget adjustment to increase the project appropriation from anticipated FY 2015/16 year end General Fund savings for the Old Library Re-Use Project in the amount of $52,220. c. Execute a Certificate of Acceptance and Notice of Completion accepting the work of California Plus Engineering and authorize recording by the Clerk Administrator for the Los Gatos Civic Center Museums of Los Gatos Tenant Improvement Project. RECORDING 16.041 11. Authorize the Town Manager to execute a first amendment to the Agreement for Services with Air Systems, Incorporated to provide additional compensation fo r unanticipated service calls, equipment failures and replacements for heating, ventilation, and air conditioning (HVAC) in an amount of $12,000 annually, for a total agreement amount not to exceed $209,235. 12. Authorize the Town Manager to execute a First Am endment to an Agreement for Services with Universal Site Services in the amount of $53,817 plus a ten percent contingency for a total contract amount not to exceed $59,198 to support expanded trash and recycling pickup services in the downtown. 13. Authorize the Town Manager to execute a first amendment to the Purchase and Service Agreement with St. Francis Electric for traffic signal and streetlight maintenance and repair services for Fiscal Year 2016/17 in an amount not to exceed $135,000 annually, including a ten percent contingency for unforeseen repair services and authorize an additional amount not to exceed $10,000 to fund unforeseen repair services in Fiscal Year 2015/16. MOTION: Motion by Vice Mayor Marico Sayoc to approve the Consent Items. Seconded by Council Member Steve Leonardis. VOTE: Motion passed unanimously. 4 Town Council/Parking Authority June 21, 2016 VERBAL COMMUNICATIONS John Shepardson - Commented on the Town’s budget. Jak Van Nada - Commented on the Town’s unfunded pension liabilities. Peter Leroe-Munoz, City of Gilroy Vice Mayor and Vice President of Technology and Innovation Policy for the Silicon Valley Leadership Group - Commented on the Valley Transportation Authority (VTA) half cent sales tax measure and how it will benefit the Town of Los Gatos. Angelia Doerner - Thanked the Town Manager and Town staff for the special meeting on the North 40 development held on June 15. PUBLIC HEARINGS 14. Landscape and Lighting Assessment Districts No. 1 & 2 a. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1 - Blackwell Drive Benefit Zone. RESOLUTION 2016-032 b. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1 - Kennedy Meadows Benefit Zone. RESOLUTION 2016-033 c. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1 - Santa Rosa Heights Benefit Zone. RESOLUTION 2016-034 d. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1 - Vasona Heights Benefit Zone. RESOLUTION 2016-035 e. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 1 - Hillbrook Drive Benefit Zone. RESOLUTION 2016-036 f. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting Assessment District No. 2 - Gemini Court Benefit Zone. RESOLUTION 2016-037 Matt Morley, Director of Parks and Public Works, presented the staff report. 5 Town Council/Parking Authority June 21, 2016 Public Hearings Item #14 – continued Opened and closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to adopt resolutions one through 6 as recommend on page two of the staff report. Seconded by Vice Mayor Marico Sayoc. VOTE: Motion passed unanimously. 15. Architecture and Site Application S-15-059. Property Location: 126 Clover Way. Applicant: Eugene Sakai. Property Owner/Appellant: Michael Paige. Consider an appeal of a decision of the Planning Commission denying a request to demolish an existing single-family residence and to construct a new single-family residence on property zoned R-1:10. APN 532-15-005. RESOLUTION 2016- 038 Jocelyn Puga, Assistant Planner, presented the staff report. Opened Public Comment. Michael Paige, owner/appellant and Eugene Sakai, architect - Commented on the project. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to grant the appeal with the revised design and adopt the resolution contained in Attachment 6, including the exhibits and making the finding of new information. Seconded by Council Member Steve Leonardis. VOTE: Motion passed unanimously. 16. Architecture and Site Application S-16-002 and Conditional Use Permit Application U-16-001. Property Location: 212-216 N. Santa Cruz Avenue. Applicant/Appellant: Paul Fusco, Soul Cycle. Property Owner: McCarthy Santa Cruz Ave, LLC. Consider an appeal of the decision of the Planning Commission denying a request for approval of exterior modifications to an existing commercial building and approval for a new fitness studio (Soul Cycle) with group exercise classes on property zoned C-2. APN 529-04-085. RESOLUTION 2016-039 6 Town Council/Parking Authority June 21, 2016 Public Hearings Item #16 – continued Jocelyn Puga, Assistant Planner, presented the staff report. Opened Public Comment. Paul Fusco, Barton Hechtman, and Laura Cox, applicants/appellants - Commented on the project. Pete Keady - Commented on the class size in relation to safety. Josh Shumsky - Commented in favor of the project. Julie Botano - Commented in favor of the project. Chelsea Bearden - Commented in favor of the project. Bill Epling - Commented in favor of the project Lee Quintana - Read a letter on behalf of Michael Burke who has concerns on noise, hours of operation, and parking. Sarah Helay - Commented in favor of the project. Marron Honignan - Commented in favor of the project. Carol Hargett and Aubrey Beebee - Mentioned concerns with noise, parking, class size, and location. Angelia Doerner - Mentioned concerns with parking and location. Robyn Bartkowski - Commented in favor of the project. Phillip Albanese - Commented in favor of the project. 7 Town Council/Parking Authority June 21, 2016 Public Hearings Item #16 – continued Brent Leblanc - Commented in favor of the project. Joe Crummett - Commented in favor of the project. Janet Wolf - Mentioned concerns with parking. Courtney Arutta - Commented in favor of the project. John Shepardson - Mentioned concerns with parking. Closed Public Comment. Council discussed the matter. MOTION: Motion by Vice May Marico Sayoc to grant the appeal making the finding that the matter raised a policy issue, with the following additional conditions: a) a check in on the CUP to occur six months from when the business opens before the Planning Commission so neighbors can voice concerns at no cost to SoulCycle,; b) 30- minute intervals between classes during the peak period of 11 a.m. and 4 p.m.; c) applicant to share in writing with staff different marketing ideas to encourage SoulCycle users to ride share, biicyle, walk, etc.; and d) SoulCycle proactively work with neighbors and identify an onsite contact person for any concerns. Seconded by Council Member Marcia Jensen. VOTE: Motion passed unanimously. Recess at 9:34 p.m. Reconvened at 9:44 p.m. 8 Town Council/Parking Authority June 21, 2016 OTHER BUSINESS 17. Receive the report and recommendations from the Ad Hoc Citizen Committee, and direct staff to bring forward the following items for Town Council consideration at its August 2, 2016 meeting: a. Prepare a draft resolution to place a general purpose, half -cent sales tax with a 25-year sunset on the November 2016 General Election ballot. Provide a draft framework for a Citizens Oversight Committee to ensure all tax revenues from a potential revenue measure are spent a manner consistent with the ballot measure. b. Propose a draft list of capital improvement projects as potential expenditures should the measure be successful. Laurel Prevetti, Town Manager, presented the staff report. Opened Public Comment. Jak Van Nada, Committee Member - Stated he has changed his position and is in favor of a 1/4% general sales tax and using it towards paying down the Town’s unfunded pension liabilities. Lee Fagot, Committee Chair - Suggested the Ad Hoc Citizen’s Committee be formally integrated with the Town’s Budget Oversight Committee. John Shepardson - Requested a third party review of the budget before raising taxes. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Steve Leonardis to approve the staff recommendation on page 1 of the staff report. Motion failed for lack of a second. MOTION: Motion by Council Member Marcia Jensen to approve alternative E on page 4 of the staff report to not pursue any revenue measures at this time. Seconded by Mayor Barbara Spector. VOTE: Motion passed 3/2. Vice Mayor Marico Sayoc and Council Member Steve Leonardis voting no. 9 Town Council/Parking Authority June 21, 2016 Other Business Item #17 – continued MOTION: Motion by Mayor Barbara Spector to direct staff to prepare a resolution to present a Transient Occupancy Tax increase of 2% for the November 2016 election. Seconded by Council Member Rob Rennie. VOTE: Motion passed 4/1. Council Member Steve Leonardis voting no. 18. Veterans Memorial Conceptual Designs a. Accept the recommendation from the Veterans Memorial and support foundation of Los Gatos for the selection of the Flame of Liberty Veterans Memorial concept to be located at the Los Gatos Civic Center b. Provide direction regarding next steps Christina Gilmore, Assistant to the Town Manager, presented the staff report. Opened Public Comment. General Kent Hillhouse and George Hall, and Ellen Manzo, Veterans Memorial Committee - Commented on the designs and presented the Committee’s recommendation. Mary Ellen Comport, NUMU - Read a letter on behalf of Lisa Coscino, NUMU Executive Director, expressing their concerns with the designs. Allie Chee - Commented in favor of the project. Glenn Kishi - Did not speak. Debby Grizzle - Commented in favor of the project. Barney Davidge - Commented on concerns with the size and mass of the memorial and what the view will be from the street. Francis McVey, President of Veteran’s Council and Veteran’s Commission - Commented in favor of the project. 10 Town Council/Parking Authority June 21, 2016 Other Business Item #18 – continued Mike Frangadakis - Commented in favor of the project. Rex Naden - Commented in favor of the project. Ellen Manzo - Commented in favor of the project. John Shepardson - Commented in favor of the project. Angelia Doerner - Commented in favor of the project. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Steve Leonardis to approve the staff recommendation on page 1 of the staff report and the Veterans Memorial and Support Foundation to proceed through an expedited Architecture and Site (A&S) process with scaled drawings and return to Council for final approval. Seconded by Vice Mayor Marico Sayoc. VOTE: Motion passed 4/1. Council Member Jensen voting no. MOTION: Motion by Vice Mayor Marico Sayoc to extend the meeting until 12:30 a.m. to complete item #19. Seconded by Council Member Rob Rennie. VOTE: Motion passed unanimously. 19. Discuss and adopt the Policy Committee’s recommendation for an Entertainment Policy allowing Entertainment by right before 10:00 p.m. given compliance with the currently adopted noise ordinance is met and allowance for late night entertainment after 10:00 p.m. with an approved permit . POLICY 1-03 Monica Renn, Economic Vitality Manager, presented the staff report. 11 Town Council/Parking Authority June 21, 2016 Other Business Item #19 – continued Opened and closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to approve the policy with the following modifications: a) staff to return to Council in six months with a status update; and b) staff to work with businesses to incorporate a group Conditional Use Permit (CUP). Seconded by Council Member Rob Rennie. VOTE: Motion passed 4/1. Mayor Barbara Spector voting no. ADJOURNMENT The meeting adjourned at 12:10 a.m. Attest: _____________________________________ Shelley Neis, Clerk Administrator