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M02-05-19 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 02/05/2019 ITEM NO: 2 MINUTES OF THE TOWN COUNCIL MEETING FEBRUARY 5, 2019 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, February 5, 2019, 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 Yishan Yuan led the Pledge of Allegiance. The audience was invited to participate. 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 Closed Session minutes of January 15, 2019. 2. Approve Council minutes of January 15, 2019. 3. Approve Study Session minutes of January 22, 2019. 4. Annexation Application AN18-002. Project Location: 15760 El Gato Lane. Property Owner/Applicant: Michael and Kathryn Marchak. Adopt a resolution to set a date for consideration of the reorganization of an uninhabited area designated as El Gato Lane No. 3, approximately 0.19 acres on property pre -zoned R- 1:8. APN 532-27-048. RESOLUTION 2019-003 5. Authorize the Town Manager to execute a Fourth Amendment to the Contracting Agreement with Trinity Source Group to provide additional compensation for groundwater well abandonment in an amount of $11,959, for a total agreement amount not to exceed $124,326. 6. Approve an amendment to the classification plan revising the salary range for the Deputy Clerk classification and authorize salary and benefits budget adjustments in the amount of $27,718 from estimates available FY 2018/19 operating revenues. 7. Authorize an increase in an amount not to exceed to $111,000 for the Agreement for Special Services (Attachment 1) with Liebert Cassidy Whitmore, to continue to perform labor and employment relations assistance. PAGE 2 OF 6 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF FEBRUARY 5, 2019 FEBRUARY 6, 2019 Consent Items – continued 8. PPW JOB NO. 18-813-9921, Annual Curb, Gutter, and Sidewalk Maintenance Project (ramp upgrades) a. Approve the plans and specifications for the Annual Curb, Gutter, and Sidewalk Maintenance Project (ramp upgrades), and authorize the Town Manager to advertise the project for bid; and b. Authorize the Town Manager to award and execute a Construction Agreement in an amount not to exceed $296,000, including contingencies; and c. Authorize staff to execute future change orders in an amount not to exceed ten percent of the contract award amount. MOTION: Motion by Vice Mayor Jensen to approve the Consent Items. Seconded by Mayor Leonardis. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Vicki Huizinga - Commented on and requested Council establish a Mills Act program. Jeff Siegel - Commented on and requested Council establish a Mills Act program. Stewart Huizinga - Commented on and requested Council establish a Mills Act program. Mayor Leonardis stated the Mills Act discussion will be agendized at a future date. Philip Koen - Commented on the 2019-20 Strategic Priorities. Jak Van Nada - Commented on potential pension payments to CalPERS. OTHER BUSINESS 9. Review and provide direction to staff regarding the potential annexation of certain urban unincorporated islands within the Town. Arn Andrews, Assistant Town Manager, presented the staff report. PAGE 3 OF 6 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF FEBRUARY 5, 2019 FEBRUARY 6, 2019 Other Business Items #9 – continued Neelima Palacheria, Local Area Formation Commission (LAFCO) Executive Director, answered Council’s questions on the process and procedures. Opened Public Comment. Fred Faltersack - Commented that some property owners may prefer to stay in the County. Closed Public Comment. Council discussed the matter. MOTION: Motion by Vice Mayor Jensen to move forward with the initiation of the annexation of certain urban unincorporated islands utilizing the streamlined process (Attachment 1) and assessing the appropriate islands to move forward as identified on the Maps of the Islands Proposed for Annexation (Attachment 2). Seconded by Council Member Rennie. VOTE: Motion passed unanimously. PUBLIC HEARINGS 10. Introduction of an ordinance of the Town of Los Gatos adding Article XIV to Chapter 14 of the Town of Los Gatos Town Code related to short-term rental of residential property. Arn Andrews, Assistant Town Manager, presented the staff report. Opened Public Comment. Edward Mathewson - Commented on parking and how it would be enforced. Edward Morimoto - Commented on the accessory dwelling units (ADU) restrictions and the administrative procedures. Fred Faltersack - Commented on the proposed ordinance. Closed Public Comment. PAGE 4 OF 6 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF FEBRUARY 5, 2019 FEBRUARY 6, 2019 Public Hearing Item #10 – continued Council discussed the matter. MOTION: Motion by Council Member Sayoc to approve the recommendation of the Council Policy Committee to proceed with the introduction and first reading of an ordinance, by title only, adding Article XIV to Chapter 14 of the Town of Los Gatos Town Code related to short-term rental (STR) of residential property. Seconded by Council Member Rennie. VOTE: Motion passed 4/1. Council Member Spector voting no. Staff to bring the item back to Council in one year for review. The Town Clerk read the title of the ordinance. OTHER BUSINESS 11. Approve a Downtown Parklet Pilot Program as recommended by the Council Policy Committee. Matt Morley, Parks and Public Works Director, presented the staff report. Opened Public Comment. Mike Williams - Commented on the proposal, asked if it is legal for a property owner to charge a tenant to use the public parklet, and asked who is responsible for the construction. Anna Pizzo, Zona Rosa Restaurant - Commented on the proposal and requested that more parklets be allowed. Andrea Romano, Cin-Cin and Centonove - Commented on the proposal and requested that more parklets be allowed. Sue Farwell - Commented on the proposal and requested more be allowed, especially on North Santa Cruz Avenue. Terry Martin - Commented on the proposed pilot program. Closed Public Comment. PAGE 5 OF 6 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF FEBRUARY 5, 2019 FEBRUARY 6, 2019 Other Business Item #11 – continued Council discussed the matter. MOTION: Motion by Council Member Sayoc to approve a downtown parklet pilot program as recommended by the Council Policy Committee (Attachment 1) with the following modifications: 1) allow parklets on N. Santa Cruz Avenue without a maximum limit; 2) staff to look at a structure that allows 100% occupation by the business during hours of operation and public use during non -business hours; and 3) staff to look at the technical requirements during the pilot and modify as appropriate. Seconded by Vice Mayor Jensen. VOTE: Motion passed unanimously. PUBLIC HEARINGS 12. Open and close a public hearing to consider the Abatement List and order the abatement of hazardous vegetation (weeds). (Continued from January 15, 2019) Matt Morley, Parks and Public Works Director, presented the staff report. Opened and closed Public Comment. Council discussed the matter. MOTION: Motion by Vice Mayor Jensen to approve the Abatement List (Attachment 1) and order the abatement of hazardous vegetation (weeds). Seconded by Mayor Leonardis. VOTE: Motion passed unanimously. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Rennie stated he met with the Valley Transportation Authority (VTA) General Manager, he attended a VTA press release event for Measure B, he performed ribbon cuttings for Tea on the Avenue and Reverence Catering, and he attended the Silicon Valley Clean Energy Authority (SVCEA) Finance and Administration Committee meeting. - Vice Mayor Jensen stated she met with residents and she attended a meeting with the Chamber of Commerce with Town Manager Prevetti and Economic Vitality Manger Renn. - Mayor Leonardis stated he attended the League of Cities Conference and participated in training seminars. PAGE 6 OF 6 SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF FEBRUARY 5, 2019 FEBRUARY 6, 2019 Council Matters – continued - Council Member Spector stated she attended the Council Policy Committee meeting. - Council Member Sayoc stated she attended the League of Cites Quarterly meeting and the Santa Clara County Women’s Leadership Policy Summit. Manager Matters - Announced staff is working on enhancing the Economic Vitality website. - Announced the deadline to apply for the Sales Tax Oversight Committee is Friday, February 8, 2019, 5:00 p.m. - Announced the next Art in the Council Chambers will be by the Los Gatos High School Advanced Art class and the reception is Thursday, February 7, 2019, at 6:00 p.m. - Announced VTA is starting to conduct community meetings regarding their next transit plan and encouraged residents to visit the VTA website for more information. Mayor Leonardis congratulated the Town for receiving an A rating on the American Lung Association smoking report card for 2018. ADJOURNMENT The meeting adjourned at 9:05 p.m. Attest: _____________________________________ /s/ Shelley Neis, Town Clerk